R09-074
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3 RESOLUTION NO. R09-074
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5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING THE AWARD (RFP
7 #034-1210-09/CJD) OF CONSULTANT AGREEMENT
8 TO HDR ENGINEERING, INC., FOR REAL EST A TE
9 ADMINISTRA TOR ON AN AS NEEDED BASIS;
10 AUTHORIZING THE CITY MANAGER TO
11 EXECUTE AN AGREEMENT BETWEEN THE
12 PARTIES; AND PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, on March 11, 2009, Procurement Services opened and tabulated
16 three (3) proposals to the RFP "Annual Contract for Real Estate Administrator"; and
17 WHEREAS, after review and evaluation it has been determined appropriate by
18 staff to recommend award on an as needed basis of this RFP to HDR Engineering, Inc., of
19 Tampa, Florida whose RFP was overall responsive and responsible proposer; and
20 WHEREAS, upon recommendation of staff, the City Commission of the City of
21 Boynton Beach does hereby approve the award of RFP No.034-1210-09/CJD to HDR
22 Engineering, Inc., of Tampa, Florida.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida,
29 hereby approves the award of RFP No. 034-1210-09/CJD to HDR Engineering, Inc. of
30 Tampa, Florida for Real Estate Administrator on an as needed basis.
C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\Award of RFP - Real Estate
Admin(2009).doc
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1 Section 3. That the City Manager is hereby authorized to execute a Consultant
2 Agreement for Real Estate Administrator between the City of Boynton Beach and HDR
3 Engineering, Inc., of Tampa, Florida, to be hired on an as needed basis, a copy of which is
4 attached hereto as Exhibit "A".
5 Section 4. That this Resolution shall become effective immediately.
6 PASSED AND ADOPTED this 6l!;&. day of June, 2009.
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8 CITY OF BOYNTON BEACH, FLORIDA
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10 ~>ftt-,~
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,Mayor -,) Tayl - - ~
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13 _~~~~or- W ?W Llf!J
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16 ~/ione,-= Ronald
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19 e::;r .~.
20 S.~mmiss}oner - se odri~z
21 <" 7n~~~ i~J--/{?? __'
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23 Commissioner - Marlene Ross
24 ATTEST:
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C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK1 04\Award of RFP - Real Estate
Admin(2009).doc
CONSULTANT AGREEMENT FOR /(:09 -1) 7'1
CONSULTING SERVICES \
FOR
"REAL ESTATE ADMINISTRATOR"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and HDR Enl!ineerinl!. Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on an "As
Needed basis" to incorporate herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this agreement on an "As Needed"
basis.
4. TERM: This Agreement shall be for a period of ONE (1) year commencing on the date the
Agreement is executed by the City.
5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to
consultant for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Consultant shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or his designee.
c. The Consultant may submit invoices to the City once per month during the progress of the
work for partial payment for project completed to date. Such invoices will be reviewed by
the City, and upon approval thereof, payment will be made to the Consultant in the amount
approved.
d. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Consultant's records and accounts pertaining to this agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
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6. 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. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
7. 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.
8. 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,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior 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.
10. 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 any 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, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
II. 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 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.
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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.
DISCRIMINATION PROHffiITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
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.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. 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, FL 33425-0310
Attn: Quintus Greene
Notices to Consultant shall be sent to the following address:
HDR Engineering, Inc.
5426 Bay Center Dr., Suite 400
Tampa, FL 33609
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
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supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
t:.L f!rrt
DATED this L day of ,20~.
CITY OF BOYNTON BEACH HDR ENGINEERING, INC.
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City Manager
Consult
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Attest! Authenticated: ~I-
Title
~<rn.P~ (Corporate Seal)
Attest/Authenticated:
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ec etary
Rev. 1/22/91
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: June 3, 2009
SUBJECT: R09-074 Consulting Services for Real Estate Amdinistrator
The resolution and the agreement mentioned above were approved by the City
Commission at their regular meeting held on June 2, 2009. Please have the attached
agreement signed by HDR Engineering Inc. and return to me for further processing.
Thank you.
~m.~
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-0S7.doc
America's Gateway to the Gulfttream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito, CMC
City Clerk
DATE: July 9, 2009
SUBJECT: R09-074 Consultant Agreement for Consulting Services for Real
Estate Administrator
Attached for your information and files is a copy of the fully executed agreement
mentioned above and a copy of the Resolution. Since the document has been fully
executed, I have retained the original for Central File.
Thank you.
~Yn. p~
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-074 B.doc
America's Gateway to the Gulfstream