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R97-115RESOLUTION NO. R97-//~"' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND JAMES DUNCAN AND ASSOCIATES PROVIDING FOR THE PREPARATION OF THE VISION 20~20 REDEVELOPMENT IMPLEMENTATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has executed an Agreement for Professional Services with James Duncan and Associates on June 2, 1997; and WHEREAS, the City of Boynton Beach has been advised by the firm of James Duncan and Associates that Carla Bryant, President of Paradigm Shift, one of the subcontractors listed in said Agreement, will not be able to undertake her assigned tasks; and WHEREAS, the City Commission, upon recommendation of staff, has determined that it is in the best interests of the residents of the City to execute an addendum to said agreement for professional services, between the City of Boynton Beach and James Duncan and Associates, providing for the substitution of subcontractor Carla Bryant, President of Paradigm Shift, with the firm of LB Limited & Associates, Inc., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute an Addendum to the Agreement for Professional Services between the City of Boynton Beach and James Duncan & Associates providing for the substitution of subcontractor Carla Bryant, President of Paradigm Shift, with the firm of LB Limited & Associates, Inc., said addendum being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: Ci~ Clerk day of July, 1997, CITY OF BOYNTON B_EACH, FLORIDA -Mayor _ ~ Commissioner Commissioner ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND JAMES DUNCAN AND ASSOCIATES THIS ADDENDUM, dated the day of July, 1997, is entered into between the CITY OF BOYNTON BEACH, hereinafter referred to as" City", and JAMES DUNCAN AND ASSOCIATES, hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of the Agreement for Professional Services between the City and Consultant, dated June 2, 1997. WHEREAS, the James Duncan and Associates wishes to substitute the firm of L.B. Limited & Associates, Inc., (Mr. Mike Brady) in the place and stead of Carla Bryant, President .of Paradigm Shift, as one of the subcontractors on said Vision 20~20 Implementation Project; THEREFORE, BOTH PARTIES AGREE AS FOLLOWS: Section 1. That No. 4 of the Agreement for Professional Services between the City of Boynton Beach and James Duncan and Associates, shall be amended to read as follows: 4. Subcontractors. The Consultant will utilize the following subcontractors in the completion of the Project: Urban Design Studio, David Plummer and Associates, and L.B. Limited & Associates, Inc., and M.P. Fuller Environmental. Section 2. Each person signing this Addendum on behalf of either .party individually warrants that he or she has full legal power to execute this Addendum on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Addendum. this IN WITNESS OF THE FOREGOING, the parties have set their hands and seals day of July, 1997. CITY OF BOYNTON BEACH JAMES DUNCAN AND ASSOCIATES Mayor President PASSED AND ADOPTED this day of July, 1997. CITY Of BOYNTON BEACH, FLORIDA Mayor Vice MayOr Commissioner Commissioner ATTEST: City Clerk Commissioner (Corporate Seal) v43~reso~agreementsWis~oa$ - Jame~ Duncan & Assoc ~ Addendum 7/7/97 Attest: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and-acknowledged he/she executed the foregoing Addendum for the use .and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 1997. NOTARY PUBLIC My Commission Expires: STATE OF FLORIDA COUNTY Of PALM BEACH BEFORE ME, an officer duly .authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he/she executed .the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 1997. NOTARY PUBLIC My Commission Expires: s:ca\wp~agrnts~James Duncan & Assoc Addendum Ocean Ridge Addendum Revised 2/6/97 BRUC~E N. I, EWI/t cl~r~F EXECUTIVE OFFICER AND TR, EA~UR, ER Duties - Corporate Treasurer responsible for ail f/nancla,1 ac'Uv/Ues, payroll. IRS filings, corporate budget, client accounls, accounts receivable, accounts payable and financial forecasting. Day to Day responsibilities Inctude; all graphic design assignments, new business development, public relations practitioner responsible'for c. Hent/corporate image development,, sh'ateglc planning, press brlel]Lngs, proposal preparation, editing and advertisement, PreviouI Exi~riene® includes: Design/Layout Engineer /"or Fortune 500 corporat.~.ons Including Honeywell, Digital Equipment Corporation, RCA and General Electric {GE). Commercial Package Design for Commodore Computer Corporation. Professional PYeelance Graphic Designer. Philadelphia and West Palm Beach. Image Development Consullant, West Palm Beach. - Business: Consultant to lhe Small Btlslness Development Center ($BDC), West Palm Beach. Education - Graduate of the University of Minnesota []3SEE - Specialized Design, Minor - Business Administration. Attended Palm Beach Community College [Commercial Graphic Design. Advertising Graphics I, II & III and Advanced Computer Graphics). Ctvie/Boat~l A~l:ivttte~ - Leadership Palm Beach, County Class of 1997. Member - Board of Directors United Way of Palm Beach County, Member - Agency [ntllattves and Communll.y Relations Committees, AcUve member Corporate Board of Directors and Exectlilve Board - Boys and Girls Club of Palm Beach County, Inc., President. Board of Directors - Boys and Girls Club (Riviera Beach), Supentlsor Media Headquarters, Member Public RelaUons Committee, SunFest Inc., Member- Economic Development Council o£Palm Beach County. Member - Palm Beach ,au~soclation of Black Journalist. Member - Chamber of Commerce of the P/~lrn Beaches, Chamber Glr Commerce o1' the Northern Palm Beaches. MICHAEL G. BRADY EXECUTIVE VICE' PRESIDENT AND SECRETARY Duties -:Corporate Secretary responsible for all legal filings, ceriiilcations, Day to Day responsibilities include; relations practionlerresponsible for all public feature roposal and Washington D:C. directors. Previous Experience - Vice-Chairman of Fresh Air IncorPorated (KFAI}, Comlnunity Relations Director and Cultural Affairs Coordinator for KFAI-FM, Minneapolis. - Public Relations/Media Relations slalI', Corporate Photographer and Computer Graphic Specialist for Norwest Corporation. Minneapolis, Professional Freelance Photographer, Minneapolis and,South Florida. ' Executive Producer of RFTV public interest program, West Palm Beach. Education/Training- Graduate of MlnneapolisTectmical Institute (Ph° tography). Attended Palm Beach Community College (Business Computer System Design a~ d Programming), (Foreign Language studies). Public Relations Society of America [PR~a.}, seminars on media relations, public speaking and effective audio/visual presentations. International Association of Business Communicators (IABC) seminars on effective listening, public speaking, audio/visual presentations and focus group dynamics. Clvic/8oeial ~tivtttes - Member - Board Marketplace Committee, Leadership Palm l~each County Class oI 1996, Member - Executive Committee or the Board o£ Directors and, Chali,~mn , Strategic Planning Committee, SunFest of Palm Beach County,. Inc.. Member - palm Beach Association of Black Journalist. Member - BQard of Directors and Member - State Public Affiars Committee.. American Heart Association Palm Beach Chapter, Member and Co-Chair - Mayors ¥otith hi Action Committee (YAC). Member - Chamber o£Comm'erce of the Paint Beaches. Chamber of Commerce of/he Northern Palm Beaches. CLIENT LIST ' CITY OF RIVIERA BF-,ACH * BUSINESS DEVELOPMENT BOARD OF PALM BEACH COUNTY ' BELLSOUTH * AMERICAN TENNIS ASSOCIAT/ON * J. DAVIS & ASSOCIATES * CUNNINGHAM & SELF, ATTORNEYS AT LA%V * UNITED WAY OF PALM BEACH COUNTY * BOYS & GI~ CLUB OF PALM BEACH COUNTY ' POLO TRACE COUNTRY CLUB ' WEST PALM BEACH HOUSING AUTHORiTY * WEST PALM BEACH MUNICIPAL AUDITORIUM * HOSPICE OF PALM BEACH COUNTY * MIAMI RIVER INN * UNIVERSITY OF SOUTH CAROLINA * COMMUNITY REDEVELOPMENT AGENCY - RIVIERA BEACH. FL * HOFF1VIAN CHOCOLATES * COMMUNrI'Y HEALTH PURCHASING ALLIANCE (CHPA) * COLGATE-PALMOLIVE COMPANY "PRUDENTIAl., REALTY' FLORIDA * URI~AN LEAGUE OF PALM BEACH COUNTY , * FLANNAGAN/~ AISSOCIATES HF-,ALTY PAGE 82 INTRODUCTION L,B. Limited & Associates, Inc, Is a West Palm Beach based corporation which was established in 1990. ate of Florida, Palm Beach County and the City of West Palm , L,B, Limited is a full service public relations firm offe~g professional consulting, in-house graphic production capabilities to services: The principals, directors and associates of L,B, Lira/ted are :veterans in their respective areas Of expertise with over 75 years of combined experience in public relations, promotion and publicity, media and community relations, corporate image development and technical support sea-vices. The outside corporate directors are: Laurence..R,._OllEex.- Technical Support/Communications Specialist, Manager of the Minneapolis area. Gaxs'. Q~ L~..wia - Artistlc Director/Creative Specialist, Manager of the New York/Palm Beach areas. Bux~.on.~_v~ - Government Relations/Non-Profit Specialist, Manager of tile Washington D.C. area. DEVELOPMENT SERYlCES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-323 TO: FROM: DATE: SUBJECT: Jim Cherof ,City Attorney Planning and Zoning Director June 30, 1997 Visions 20/20 Planning Study - substitution of sub-consltant Henry Iler of James Duncan and Associates, the lead consultant for the above contract, has informed me that one of the sub-consultants (Carla Bryant) has dropped offthe consultant team specified in the contract, and that he wants to bring on board Michael Brady in Ms. Bryant's place. Please advise as to whether the contract needs amending and if so, does it require Commission approval. TJH:dim Xe: Mike Pawelczyk, Assistant City Attorney Milan Knor, Development Services Director J:\SHKDATA\Planning\S HARED\WP\SPECPROJ~ViSION20\Substimnon of sub-consultant, doc RESOLUTION NO. R97- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN REE PROFESSIONAL )F BOYNTON OF THE AN WHEREAS, the City of Boynton Beach has exeCuted an Agreement for Professional Services with James Duncan and Associates on June 2, 1997; and WHEREAS, the City of Boynton Beach has been advised by the firm of James Duncan and Associates that Carla Bryant, President of Paradigm Shift, 'one of the subcontractors listed in said Agreement, will not be able to undertake her assigned tasks; and WHEREAS, the City Commission, upon recommendation, of staff, has/-~ determined that it is in the best interests of the residents of the City to execute a~ addendum to said agreement for professional services, between the City of Boyntor Beach and James Duncan and Associates, substitution of subcontractor Carla Bryant, President of Paradigm Shift, irm of LB Limited & Associates, Inc., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute an Addendum to the Agreement for Professional Services between the City of Boynton Beach and James Duncan & Associates providing for the substitution of subcontractor Carla Bryant, President of Paradigm Shift, with the firm of LB Limited & Associates, Inc., said addendum being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upor,,~ passage. ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND JAMES DUNCAN AND ASSOCIATES THIS ADDENDUM, dated the day of July, 1997, is entered into between the CITY OF BOYNTON BEACH, hereinafter referred to as " City ", and JAMES DUNCAN AND ASSOCIATES, hereinafter referred to as "Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of the Agreement for Professional Services between the City and Consultant, dated June 2, 1997. WHEREAS, the James Duncan and Associates wishes to substitute the firm of L.B Limited & Associates, Inc., (Mr Mike Brady) in the place and stead of Carla Bryant, President of Paradigm Shift, as one of the subcontractors on said Vision 20/20 Implementation Project; THEREFORE, BOTH PARTIES AGREE AS FOLLOWS: Section 1. That No. 4 of the Agreement for Professional Services between the City of Boynton Beach and James Duncan and Associates, shall be amended to read as follows - 4 Subcontractors. The Consultant will utilize the following subcontractors in the completion of the Project: Urban Design Studio, David Plummer and Associates, and L B Limited & Associates, Inc., and M P. Fuller Environmental Section 2 Each person signing this Addendum on behalf of either party individually warrants that he or she has full legal power to execute this Addendum on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Addendum. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this day of July, 1997 CITY OF „BOYNTON BEA J ' f S e NCAN AND ASSOCIATES �� ��, ✓ 1i -- ayor P P - = ident APPROVED As �Ms `, - 1U�� 14-Y 1 G Lc/c.' CITY ATTORNEY \ ���1111t11I111/,, o N Attest o� . oqq �% City/ Jerk (.3 20/ .,,19... _.• STATE OF FLORIDA / /i�4joHNl1lN00 COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Gerald Taylor and acknowledged he/she executed the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on thisl7tnday of July 1997. NOTARY PUBLIC ..css s sss «« «accccccccc ««<cscw,scsvccccc My Commission Expires: .;., Eve Eubanks 1 Notary Public, State of Florida .1 Commission No. ), ' `• 0 ''" My Commission Exp 04/05/2 001 • STATE OF FLORIDA wAweetearee lmmeer!!!uallllualuuae COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he /she executed the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 1997. NOTARY PUBLIC My Commission Expires - s ca \wp\agmts\James Duncan & Assoc Addendum Ocean Ridge Addendum 2 Revised 2/6/97 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 1997, by and between JAMES DUNCAN AND ASSOCIATES (hereinafter the "Consultant "), and the CITY OF BOYNTON BEACH, FLORIDA (hereinafter the "City "); WHEREAS, the Consultant has been selected by the City to prepare the Vision 20/20 Redevelopment Implementation Program (hereinafter the "Project ") following an open public bid process consistent with State law; and WHEREAS, the Consultant and City, through negotiation, have agreed upon a scope of services and fee for the Project; WHEREAS, the City desires to engage the Consultant to perform the services specified in the approved Scope of Services under the terms of this agreement, NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, the Consultant and the City agree as follows. 1. Professional Services. The Consultant shall furnish services to the City in the performance of the Scope of Services co :twined in Exhibit "A." The Work Product Deliverables listed in Exhibit "B" will be submitted as part of the Project within the timeframes indicated for each in the Project Schedule shown in Exhibit "C.". 2. Period of Service. The Consultant shall begin the Project promptly after receipt of a fully executed copy of this Agreement from the City and will complete the Scope of Services according to the Project Schedule shown in Exhibit "C. ". With respect to such schedule, performance shall be timely under this Agreement. However, the completion timeframes shall be extended for periods of delay resulting from strikes, natural disasters, and similar circumstances over which the Consultant has no control, if such extensions are approved by the City. Notice -to- proceed with the Scope of Services shall occur on the 6 working day following the receipt by the Consultant of a fully executed copy of this Agreement. 3. Compensation. For the completion of the Scope of Services described in Exhibit "A ", the Consultant will be paid total compensation by the City of $149,895 as specified in Exhibit "i." -1- The compensation shall be paid on a progress basis in the four weeks increments specified in Exhibit "D "(Project Payment Schedule). 4. Subcontractors. The Consultant will utilize the following �. subcontractors in the completion of the Project: Urban Design Studio, David Plummer and Associates, and Carla Bryant An0' M. R1k % Mr"r "• 5. Invoices. Invoices will be submitted by the Consultant to the City in four (4) week intervals specified in Exhibit "D." Invoice approval by the City will be based on a combination of Project progress as measured in terms work tasks completed and work products delivered. Payment of each such invoice in the amount specified in Exhibit "D" for the applicable work task shall be sent to the Consultant within fifteen (15) working days of receipt of the invoice by the City from the Consultant. 6. Termination. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. In the event of termination by the City, the Consultant will be paid as hereinafter provided, for all authorized services rendered to the date of such termination. The amount payable to the Consultant in the event of termination will be a pro rata amount of the compensation shown for the applicable work tasks in Exhibit "A" determined on the basis of the amount and value of the work performed, prior to the Consultant's receipt of the notice of termination. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the Project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 7. Insurance. The Consultant shall maintain, through the term of this Agreement, insurance coverage of a minimum of $1,000,000 General Liability and $250,000 automobile liability coverages. The City shall be named as an "additional insured" under the General Liability and Automobile insurance policies of the Consultant, and each policy shall include a provision prohibiting the cancellation of said policy except upon thirty (30) days written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. -2- 8. Non - discrimination. The Consultant pledges that he does not, and will not during the term of this Agreement, discriminate against any of his employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non - discrimination. Any violation of such provisions shall constitute a material breach of this Agreement. 9. Expenses of Litigation. In the event litigation in any way related to the Services performed hereunder is initiated against one party to this Agreement against the other, the prevailing party shall be reimbursed by the other party its reasonable attorneys' fees and court costs (including without limitation all such fees and costs incident to appeals), incurred in that action or proceeding in addition to any other relief to which such party or parties may be entitled. 10. Controlling Law. This Agreement is to be governed by the laws of the State of Florida, and venue shall rest solely in Palm Beach County, Florida. 11. Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to, the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. 12. Amendments and Modification. No amendments and /or modifications of this Agreement shall be valid unless in writing and signed by each of the parties to the Agreement. 13. Merger; Amendment. This Agreement constitutes the entire agreement between the Consultant and the City, and all negotiations and oral understandings between the parties are merged herein. This Agreement may be supplemented and /or amended only by a written document executed by both the Consultant and the City. 14. Access and Audits. Consultant shall maintain adequate records to justify all charges, expenses and costs incurred in performing the work outlined in this Agreement for at least two (2) years after completion of this Agreement. 15. Nonassignability. Neither party shall assign any rights or delegate any duties arising under this Agreement without prior written consent of the other party. 16. Severability. Any provision in this Agreement that is prohibited or unenforceable under Florida or federal law shall be ineffective to the extent of such prohibitions or unenforceability, -3- without invalidating the remaining provisions hereof. Also, the non - enforcement of any provision by either party to this Agreement shall not constitute a waiver of that provision nor shall it effect the enforceability of that provision or the remainder of this Agreement. 17. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not, except for proprietary software licensed to or by the Consultant. The Consultant shall be permitted to retain copies, including reproducible copies, of all documents, drawings, specifications, and other materials for information, reference and use in connection with the Consultant's endeavor's during and after the Project. 18. Compliance With Laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. 19. Indemnification. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, the employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 20. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 21. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to -4- solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 22. Non - Waiver. Waiver by the City of any provision of the Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 23. Notices. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 -0310 Attn: City Manager Notices to Consultant shall be sent to the following address: James Duncan and Associates 15267 75 Avenue North Palm Beach Gardens, Florida 33418 Attn: Henry B. Iler -5- IN WITNESS WHEREOF, the Consultant and the City have caused this instrument to be signed by their respective duly authorized officers and their respective corporate seals to be hereto affixed, all on the day and year first above written. JAMES D AND ASSOCIATES By: d 1111 J� es B. Duncan - rincipal STATE OF COUNTY OF Before me personally appeared 1 '4./ known to me � to be the person who executed the •regoing instrument, and acknowledged to and before me that he /she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , 1997. ' I N tart' Public . » LINDA S. CANNON NOTARY PUBLIC 1 State of Texas L itl b I s • CifitWolli Comm. E 09-12 -2000 Print or Type Name of Notary My Commission Expires: 2006 CITY OF BOYNTON BEACH, FLORIDA By: � �.13t Gerald Taylor Mayor 1rac 4rvgcb te Attest: IGG CA FY A • AP if C . 4 %RLO� EXHIBIT A Scope of Services Project Tasks v * ours - Cost. Task 1- Background Research /Public Involvement: 1.1: Review prior and current planning /urban design 72 $ 5,511 documents and data (to be provided by city staff). Conduct initial field surveys, exclusive of traffic counts. 1.2: Meeting with select city staff to discuss area planning 18 1,380 history, policy assumptions and project strategies. 1.3: Identify study area stakeholders, i.e., merchants association, 24 1,860 neighborhood associations, special interest groups, major property owners, etc. Meet with key stakeholders and City Commissioners to initiate public participation and prepare for public workshop. 1.4: Prepare computer -based graphic inventory of base 136 10,308 information for the Primary Target Areas (see endnote) using available data and field observations. Base information shall include, but not be limited to, existing land use patterns (including vacant buildings), public /private property ownership, planned /proposed developments, non - residential building occupants by categories, planned /proposed public improvements, ultimate right -of -way requirements, historic buildings, landmarks, environmentally-significant resources, Future Land Use Map designations, zoning districts, established neighborhoods and districts, overhead utilities, public and quasi - public facilities, predominant architectural styles, street system, sidewalks /bikepaths, and bus routes /stops. 1.5: Conduct historical research to assist in formulating community 12 900 identity, i.e., "Gateway to the Gulfstream," historical icons /images, etc. 1.6: Evaluate urban design character, including existing streetscapes, 20 1,500 public places, parks and open space, focal points and vistas 1.7: Initiate project newsletter and publish 3 times during project. 18 1,440 1 1.8: Public workshop to receive input from commission, 26 $ 2,240 planning board, technical advisory committee, merchants and residents on project direction. * ** 1.9: Determine specific project goals and objectives for land use, 16 1,330 development, economic growth, urban design, infrastructure, transportation, circulation, and other areas. Identify an appropriate, unifying theme for the Vision 20/20 redevelopment program. Task 2 - CRA Boundary Expansion: 2.1: Data collection and field surveys of potential expansion 36 2,700 areas. 2.2: Determination of expansion feasibility from local CRA 10 750 perspective and consistency with State criteria. 2.3: Preparation of "Declaration of Blight" report for viable 31 2,325 expansion areas. 2.4: Update CRA base maps by adding expansion areas. 15 1,125 Task 3 - Neighborhood Strategies: 3.1: Collect historical and current housing and neighborhood 6 450 information. 3.2: Conduct field surveys of two (2) neighborhood target 26 1,980 areas ( *see end -note) to identify housing conditions and mix. 3.3: Conduct two (2) public neighborhood meetings and a 26 2,040 field "walk- through." 3.4: Gather information on local and regional housing markets 16 1,200 3.5: Meet with local real estate brokers, affordable housing 16 1,290 developers and community -based organizations. 3.6: Examine travel linkages in two (2) neighborhoods and identify 22 1,912 potential areas for traffic calming devices. 3.7: Prepare an analysis of housing and neighborhood needs 32 2,400 in the Residential Target Areas. 2 I Prooet Tasks - . •••••• :• urs Cost 3.8: Develop citywide housing strategy to encourage greater 26 $ 1,950 balance of housing types. 3.9: Prepare Strategic Revitalization Plan for Residential Target 44 3,300 Areas to encourage mixed use infill and rehabilitation of neighborhoods 3.10: Review and offer input on design concepts for neighborhood 4 300 entry signs developed by city staff. Task 4 - Commercial Areas Research and Input: 4.1: Gather additional data for U.S.1 and Boynton Beach Blvd. 20 1,500 corrdors. Prepare necessary photo /video documentation. 4.2: Conduct informal onsite Saturday symposium for 35 2,965 city officials, merchants and residents to discuss market potentials and economic development strategies for U.S. 1 and Boynton Beach Blvd. areas. This task will include walking tours with participants to identify obstacles and opportunities for redevelopment. 4.3: Economic analysis of non - residential uses attracted to the 28 2,100 redevelopment area. 4.4: Investigate traffic patterns within the downtown core and 74 6,472 propose enhanced linkages, bike /pedestrian travel and traffic calming measures. 4.5: Identify areas where unifying theme will be visually 36 2,580 incorporated into redevelopment components and marketing. 4.6: Community workshop to present results of tasks 24 2,060 and solicit input. Task 5 - Commercial Area Design Plan: 5.1: Prepare Overall Design Plan for all Primary Target Areas(* *see 250 18,750 endnote) to address business and residential character. Plan will include public improvements, streetscaping and facade treatments, landmark opportunities, and unifying design concepts. 3 :Project Tasks . , ' .. .... • ` , ,. • 5.2: Prepare urban design criteria for Primary Target Areas. 72 $ 5,400 Design criteria will include streetscape, building placement, architectural character, landscaping and signage. 5.3: Develop urban design criteria for City cultural center and 37 2,775 amphitheater area that may include outdoor cafes, small shops and restaurants, parks and plazas. 5.4: Designate specific areas in downtown to create pedestrian 18 1,350 friendly environment where mixed use and infill development will be encouraged. 5.5: Prepare conceptual area plan for the Marina District along the 61 4,575 Intracoastal. Uses to be considered may include boat slips, retail and office spaces, restaurants and housing. 5.6: Public workshop to present results to -date. 28 2,360 5.7: Develop parking strategy for CRA. 32 2,689 5.8: Prepare community gateway concept and "way finding" 70 5,250 graphics system 5.9: Conduct a public workshop to present results and receive 28 2,360 input. Task 6 - Implementation Program: 6.1: Identify implementation agent such as community -based 8 630 organizations, etc. 6.2: Evaluate City regulations for economic inhibitors and 20 1,500 develop specific language changes to correct. 6.3: Evaluate City LDRs and other regulations for traffic 12 1,030 calming devices. 6.4: Recommend specific Future Land Use Map amendments 30 2,250 to help implement Redevelopment Plan. 6.5: Examine LDRs to identify modifications needed to 36 2,700 encourage development in Primary and Neighborhood Target Areas, as well as support CPTED strategies. Prepare specific text amendments. 4 1 Prefect Task • :. , 6.6: Identify economic and compliance incentives by City to assist 22 $ 1,650 in implementation. 6.7: Prepare detailed implementation program complete with 44 3,433 specific action tasks, responsible agencies, viable funding sources, and timeframes. Designate overall coordination authority. 6.8: Develop financing plan for implementation. 26 1,950 6.9: Prepare draft Final Report summarizing significant project 91 7,285 findings and recommendations for public workshop purposes. 6.10: Conduct public workshop with City Commission and 22 1,910 Technical Advisory Committee (TAC) to review draft Final Report and receive direction. 6.11: Prepare three color renderings of key corridor scenes as 75 5,625 proposed in redevelopment plan for public presentation and marketing purposes. 6.12: Develop a promotional and marketing strategy for 24 1,890 redevelopment program implementation. 6.13: Prepare Final Report based on commission, TAC and other 35 2,755 public input and tasks completed since previous workshop. 6.14: Conduct public workshop with City Commission and 22 1,910 Technical Advisory Committee (TAC) to review and approve Final Report. Seek commission approval of Final Report. Total Project Hours /Cost 1,932 $149,895 Table Notes: * Residential Target Areas: 1.) Boynton Beach Blvd. South to City limits and I -95 east to Intracoastal; and 2.) C -16 Canal north to City limits and I -95 east to Intracoastal. ** Primary Target Areas: 1.) MLK Blvd. from Seacrest east; 2.) U.S. 1 from north to south City limits; 3.) Boynton Beach Blvd. From U.S. 1 to I -95; 4.) Ocean Av. From Marina to Seacrest; 5.) Golf Road (23` between U.S. 1 and Seacrest; 6.) Railroad property east of FEC tracks from Boynton Beach Blvd. And Ocean Av. * ** Scope assumes city staff will provide following project support: historical and current planning information, review of project work products, administrative support for public meetings (includes commission /board member notification, public /newspaper notices, meeting space and summary minutes), and document reproduction for staff /commission review, public meetings and public distribution. 5 EXHIBIT B Work Product Deliverables 1.) Task 1.4: Computer -Based Set -Up Maps Documenting Inventory and Analysis 2.) Task 1.7: Project Newsletters (3) 3.) Task 1.9: Statement of Project Goals and Objectives 4.) Task 2.3: CRA Declaration of Blight Report 5.) Task 3.6: Neighborhood Travel Linkages and Traffic Calming Recommendations 6.) Task 3.8: Citywide Housing Strategy 7.) Task 3.9: Strategic Revitalization Plan for Residential Target Areas 8.) Task 4.1: Photographic Inventory of U.S. 1/Boynton Beach Blvd. Development Factors 9.) Task 4.4: Recommendations for Enhanced Downtown Traffic Flows and Linkages 10.) Task 5.1: Overall Design Plan for Primary Target Areas 11.) Task 5.2: Urban Design Criteria for Primary Target Areas 12.) Task 5.3: Urban Design Criteria for Cultural Center /Amphitheater Area 13.) Task 5.4: Specific Plan for Downtown Mixed Use and Infill Development 14.) Task 5.5: Conceptual Area Plan for Marina District 15.) Task 5.7: CRA Parking Strategy 16.) Task 5.8: Community Gateway and "Way Finding" System 17.) Task 6.7: Detailed Implementation Program 18.) Task 6.12: Promotional and Marketing Strategy 19.) Task 6.13: Final Project Report Note: One copy of all work products will be submitted as a draft for comment. Once appropriate comments are incorporated, a final document will be provided to the City. One (1) original and two (2) copies of all final documents will be submitted. Digital copies of final work products will also be provided if desired. City staff will be responsible for reproduction of work products for staff/commission review, public meetings/hearings, and public distribution. EXHIBIT C Project Schedule , ti . v M14 \+444 }M .. Y : • 4 on iedul T. • rot Task*. ,:_y,. }.v,. • < .:...:<:.: v f : ':: v "; °' <:: • let Fjie: , • • +cc. ' .• Vii ::s:•• `,.$tio; :4. ti - . 4 :.eu,Y.`:i,�.:.:. ^;- :,.,',.y..: `.;,": *. �'• • Task 1- Background Research /Public Involvement: 1.1: Review prior and current planning /urban design and traffic Week 2 documents and data (to be provided by city staff). Conduct initial field surveys, exclusive of traffic counts. 1.2 Meeting with select city staff to discuss area planning 2 history, policy assumptions and project strategies. 1.3: Identify study area stakeholders, i.e., merchants association, 4 neighborhood associations, special interest groups, major property owners, etc. Meet with key stakeholders and City Commissioners to initiate public participation and prepare for public workshop. 1.4: Prepare computer -based graphic inventory of base 12 information for the Primary Target Areas using available data and field observations. 1.5: Conduct historical research to assist in formulating community 6 identity, i.e., "Gateway to the Gulfstream," historical icons /images, etc. 1.6: Evaluate urban design character, including existing streetscapes, 8 public places, parks and open space, focal points and vistas 1.7: Initiate project newsletter and publish 3 times during project. (weeks 6, 24 and 42) 1.8: Public workshop to receive input from commission, 12 planning board, technical advisory committee, merchants and residents on project direction. 1.9: Determine specific project goals and directions for land use, 10 development, economic growth, urban design, infrastructure, transportation, circulation, and other areas. Identify an appropriate, unifying theme for the Vision 20/20 redevelopment program. ;, ..y • : .•.oY?< , '.<;jsa' ; :; <:• '. +t4 t' ;R;. r,'yt,,; • Project Tas 1 e v . Task 2 - CRA Boundary Expansion: 2.1: Data collection and field surveys of potential expansion Week 8 areas. 2.2: Determination of expansion feasibility from local CRA 12 perspective and consistency with State criteria. 2.3: Preparation of "Declaration of Blight" report for viable 20 expansion areas. 2.4: Update CRA base maps by adding expansion areas. 24 Task 3 - Neighborhood Strategies: 3.1: Collect historical and current housing and neighborhood 6 information. 3.2: Conduct field surveys of two (2) neighborhood target 8 areas to identify housing conditions and mix. 3.3: Conduct two (2) public neighborhood meetings and a 10 field "walk-through." 3.4: Gather information on local and regional housing markets 14 3.5: Meet with local real estate brokers, affordable housing 12 developers and community -based organizations. 3.6: Examine travel linkages in two (2) neighborhoods and identify 16 potential areas for traffic calming devices. 3.7: Prepare an analysis of housing and neighborhood needs 20 in the Residential Target Areas. 3.8: Develop citywide housing strategy to encourage greater 32 balance of housing types. 3.9: Prepare Strategic Revitalization Plan for Residential Target 24 Areas to encourage mixed use infill and rehabilitation of neighborhoods 3.10: Review and offer input on design concepts for neighborhood (when needed) entry signs developed by city staff. 2 Project Tasks _:t:: > ;: ;.: +; •; ;.:: ` ~ • �: ��.eti �edle • r; '• .•:. � :t i s + :• { :.f: ; ';.:: : tl.::�w :�'iSt:xL r . :.:••,•:. +•; :'+t: •�ta:�k.;:� 3n Task 4 - Commercial Areas Research and Input: 4.1: Gather additional data for U.S.1 and Boynton Beach Blvd. Week 16 corrdors. Prepare necessary photo /video documentation. 4.2: Conduct informal onsite Saturday symposium for 20 city officials, merchants and residents to discuss market potentials and economic development strategies for U.S. 1 and Boynton Beach Blvd. areas. This task will include walking tours with participants to identify obstacles and opportunities for redevelopment. 4.3: Economic analysis of non - residential uses attracted to the 16 redevelopment area. 4.4: Investigate traffic patterns within the downtown core and 24 propose enhanced linkages, bike /pedestrian travel and traffic calming measures. 4.5: Identify areas where unifying theme will be visually 26 incorporated into redevelopment components and marketing. 4.6: Community workshop to present results of tasks 28 and solicit input. Task 5 - Commercial Area Design Plan: 5.1: Prepare Overall Design Plan for all Primary Target Areas to 32 address business and residential character. Plan will include public improvements, streetscaping and facade treatments, landmark opportunities, and unifying design concepts. 5.2: Prepare urban design criteria for Primary Target Areas. 28 Design criteria will include streetscape, building placement, architectural character, landscaping and signage. 5.3: Develop urban design criteria for City cultural center and 28 amphitheater area that may include outdoor cafes, small shops and restaurants, parks and plazas. 5.4: Designate specific areas in downtown to create pedestrian 30 friendly environment where mixed use and infill development will be encouraged. 3 • - `r. : • :. o "! :i % : • ` . #fx :..,:9::. •.: l ip- . ?r .:,.;;'.':;,,,.: i ;� * }., ' .:+5 `• .+rt. - . • �. :. %v i ::' • '• : . • ' t : • :• +` •s.. vii r • � f i ;�a .,� i yfl Cf,r� •a;{:,,, • `�• �• f . , h r ,• : • :' v �: '•• •�:' iet ":,Rt , •'i•� ti • M: .t # ? : . . x 37r } •o'' ``:.ofi{ /R `• :�'•,;: ; fC„..$•{ t'Y¢ . • � ` s • 4 * •: '� 4 • r x r • :% R Sa : : ^; • % : �`':fR S•,•', :.; • ..Y•�` ''v'•.. ti :� • ' y k :. ^•rt+•. { .tt•:: • :i:','• • .,,.. :•: -., :..yt..,,.:..:.`.- s:: x�} tix• t.:?.:' hY:t• 'i ;:••:.rk 3 ?{: . -, - ,- ,r•:::, ..: . • ;.:..,. •. • t ... � :: t •, • fit' • •... •:`>.•N:`' < %' t � �' .. �t " -'�'' .. � �..i 3 •��c��i- 4� /i� vurrwr.utYrcviu� ..:. .. �_a•� ?•�� 5.5: Prepare conceptual area plan for the Marina District along the Week 12 Intracoastal. Uses to be considered may include boat slips, retail and office spaces, restaurants and housing. 5.6: Public workshop to present results to -date. 34 5.7: Develop parking strategy for CRA. 16 5.8: Prepare community gateway concept and "way finding" 36 graphics system 5.9: Conduct a public workshop to present results and receive 38 input. Task 6 - Implementation Program: 6.1: Identify implementation agent such as community -based 12 organizations, etc. 6.2: Evaluate City regulations for economic inhibitors and 26 develop specific language changes to correct. 6.3: Evaluate City LDRs and other regulations for traffic 28 calming devices. 6.4: Recommend specific Future Land Use Map amendments 34 to help implement Redevelopment Plan. 6.5: Examine LDRs to identify modifications needed to 36 encourage development in Primary and Neighborhood Target Areas, as well as support CPTED strategies. Prepare specific text amendments. 6.6: Identify economic and compliance incentives by City to assist 38 in implementation. 6.7: Prepare detailed implementation program complete with 38 specific action tasks, responsible agencies, viable funding sources, and timeframes. Designate overall coordination authority. 6.8: Develop financing plan for implementation. 40 4 • ;,r,; ar • +.r.:• r, .. : ,. f+ .;.,,. :. ;. yr,'r ?fi .4 rr. rtv n• `� ,y +�,,. � T'a� , + {,.r.•;:it ::; :,.r :: .'oi'•r :t :i: :: ,::,rr n;2:.> .. l�slil?n �Gdu13 :t� � i aVt x' 2•'r .r,L, :! +r.{':l +' iii'IO li�Y�'IG't},.•3i}r n{t... it {n '� +• vS ' • • �•�:� ' i • rk v :• {: { +tr$tr„ }r \ri �:• • 6.9: Prepare draft Final Report summarizing significant project Week 42 findings and recommendations for public workshop purposes. 6.10: Conduct public workshop with City Commission and 44 Technical Advisory Committee (TAC) to review draft Final Report and receive direction. 6.11: Prepare three color renderings of key corridor scenes as 46 proposed in redevelopment plan for public presentation and marketing purposes. 6.12: Develop a promotional and marketing strategy for 46 redevelopment program implementation. 6.13: Prepare Final Report based on commission, TAC and other 46 public input and tasks completed since previous workshop. 6.14: Conduct public workshop with City Commission and 48 Technical Advisory Committee (TAC) to review and approve Final Report. Seek commission approval of Final Report. Total Project Time 48 weeks * NTP: Notice -to- Proceed. 5 EXHIBIT D Project Payment Schedule Payment # } Week increment Amount in $$ 1 0-4 8,751 2 5 -8 8,010 3 9 -12 23,163 4 13 -16 9,401 5 17 -20 7,690 6 21 -24 11,377 7 25 -28 15,345 8 29 -32 22,350 9 33 -36 12,560 10 37-40 9,393 11 41-44 9,675 12 44-48 12,180 Total 48 weeks $149,895 • N jamesdiir s s 15267 75 Avenue North 1 Palm Beach Gardens, FL 33418 v: 561 5752751 1 f: 561 747 9320 I e -m: jdaplan @aol.com August 7, 1997 Ms. Sue Kruse City Clerk City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Dear Ms. Kruse: Enclosed is a fully- executed original of the addendum to our 20/20 project contract with the City. Please call me if you have any questions concerning this matter. Very Truly Yours, JAME DUNCAN •� ASSOCIATES Henry B. I1 r, AICP Project Manager ,I :C AVED - ; 11 ra7 — , , ,NT4N ' r