R11-126 1 RESOLUTION NO. R11 -126
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
14 OF BOYNTON BEACH, FLORIDA, APPROVING A
4 CONSULTANT AGREEMENT BETWEEN THE CITY OF
1 BOYNTON BEACH AND CRS MAX CONSULTANTS, INC., IN
1 THE AMOUNT OF $29,750.00 FOR THE PURPOSE OF
E DEVELOPING A FLOOD MITIGATION PLAN FOR THE CITY
S OF BOYNTON BEACH; AUTHORIZING THE INTERIM CITY '
1ill MANAGER TO EXECUTE THE AGREEMENT AND
111I PROVIDING AN EFFECTIVE DATE.
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1 WHEREAS, the City of Boynton Beach received a grant from the State of Florida
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*I Division of Emergency Management to assist in developing a Flood Mitigation Plan to be
1 p submitted to the State and FEMA for approval; and
1 7 1 WHEREAS, as part of developing the Flood Mitigation Plan, Procurement
113; advertised an RFP #078- 2411- 11 /TWH for consultants to provide assistance in the
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1 tl development and submittal of the plan to the State and FEMA; and
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21)1 WHEREAS, on September 21, 2011 Procurement received and opened eight (8)
2 3 proposals which were evaluated by a team of staff; and '
22, WHEREAS, four (4) proposals were determined to be non - responsive and of the
2i f our (4) remaining proposals, it was determined that CRS Max Consultants, Inc., was the
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24; lowest, most responsive, responsible bidder; and
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211 WHEREAS, upon recommendation of staff, the City Commission has determined
2 Ei 1 that it is in the best interests of the residents of the City to enter into a Consultant Agreement
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2 between the City of Boynton Beach and CRS Max Consulting, Inc., in the amount of
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2 $29,750.00 for the purpose of developing a Flood Mitigation Plan for the City of Boynton
2 Beach.
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3q , NO THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
4 being true and correct and are hereby made a specific part of this Resolution upon adoption
'4 hereof.
Section 2. The City Commission hereby approves a Consultant Agreement
�$ between the City of Boynton Beach and CRS Max Consultants, Inc., in the amount of
$29,750.00 for the purpose of developing a Flood Mitigation Plan for the City of Boynton
4 Beach.
Section 3. Authorizing the Interim City Manager to execute the Consultant
16 Agreement, a copy of the Agreement is attached hereto as "Exhibit A."
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1111 Section 4. This Resolution shall become effective immediately upon passage.
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1 PASSED AND ADOPTED this 15 day of November, 2011.
111 CITY OF BOYNTON BEACH, FLORIDA
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Mayo ,76 i iguez
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2 Vice Mayot• - William Orlove
2 Co•issio• Wo,•r• ay
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2 _ • issioner S even of '
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2 Commissioner — Marlene Ross
3 ATTEST:
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CONSULTANT AGREEMENT FOR
"A FLOOD MITIGATION PLAN"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and CRS Max Consultants, 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 Exhibit
"A" attached hereto and incorporated 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 erform all
services and provide all work product required pursuant to this agreement by 270 calendar
days from the date written notice is given to proceed, unless an extension of such time is
granted in writing by the City.
4. TERM: This Agreement shall be for a period of three (3) years 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 not to exceed $29,750.00:
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.
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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.
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.
11. 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.
12. DISCRIMINATION PROHIBITED. 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.
13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
14. 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.
15. 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
Notices to Consultant shall be sent to the following address:
CRS Max Consultants, Inc.
3331 NW 71 Street
Coconut Creek, FL 33073
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18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
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.
DATED this t a d of Q.CQ,v j) .il.. , 20 .
CITY OF BOYNTON BEACH
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Attest/Authenticated: Pii.�, ikai /\
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Approved as to Fo Attest /Authenticated:
Office ►f the Cit r Secretary
Rev 1/22/91
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PALM BEACH COUNTY INSPECTOR GENERAL
ACKNOWLEDGMENT
The Contractor is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this contract, and in furtherance thereof may demand and obtain records and testimony
from the Contractor and its subcontractors and lower tier subcontractors.
The contractor understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of the Contractor or its subcontractors or
lower tier subcontractors to fully cooperate with the Inspector General when requested
may be deemed by the municipality to be a material breach of this contract justifying its
termination.
CONTRACTOR NAME
By
Title:
Date:
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EXHIBIT "A"
Scope of Services
Summary: The consultant with staff assistance will identify and analyze repetitively
flooded areas to determine the most critical repetitively flooded properties These
properties will be mapped to develop future mitigation plans and strategies. During this
time of gathering data, staff and the consultant will gather community input by
neighborhood meetings and field work to supplement existing data. After compiling
data, completing the analysis, mapping the properties and developing mitigation
strategies, staff and the consultant will prepare an updated plan for adoption by the City
of Boynton Beach Commission. The final plan will be a stand alone plan that will be
utilized to update the Flood Hazard section of the Palm Beach County Local Mitigation
Plan. The update will provide greater focus and foresight in reducing future flood
occurrence.
The City anticipates that the plan will take approximately 9 months to develop, and
contain the elements as detailed in the scope of work. Both public and private
resources will be utilized to develop a thorough, useable plan. Building permits records,
insurance loss, reports, repeated flooding incidents reports, Public works maintenance
records and other records will be available for review to determine those areas most
susceptible to flooding.
Project Goals: The goals are as follows:
• Identify and analyze the 10 year history of floodplain development, growth,
programs, projects, studies, and repetitive loss information to include
locations, addresses, and damage estimates (structural and property).
• Determine cause and potential mitigation
• Create a prioritized list of mitigation strategies for City of Boynton Beach to
reduce flooding and target critical areas and repetitive loss structures.
• Produce and distribute a document which can be adopted by the City and used
to guide future funding and mitigation efforts.
• Create a prioritized list of floodplain management activities to improve City of
Boynton Beach's CRS Rating.
Scope of Work: The consultant will produce a final report that includes:
• Research and describe the extent of flood depth and damage potential.
• Maps and descriptions of the existing flood hazard (including identification
of the flood risk and a thorough discussion of past floods).
• Estimates of the types and number of structures at risk.Creation of a map and
discussion of repetitive loss properties and potential mitigation activities for
repetitive loss structures.
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• Discussion about the numbers and types of building at risk
• Description of the impact of the flooding in infrastructure, public health and
safety.
• Description of the needs and procedure for warning and evacuating
residents and visitors. Identify critical facilities
• Description of the development trends including a discussion of
redevelopment in the floodplain, the watershed and natural resources area
• Summarize the impact of flooding on the community and the local economy
• Floodplain management goals for City of Boynton Beach.
• Strategy for reducing flood risk.
• Strategy for continued compliance with the NFIP regulations
• Description of how the community has coordinated with other agencies and
organizations and when their input was requested.
• Identification and evaluation of cost effective and technically feasible
mitigation actions considered.
• Procedures for ensuring implementation.
• Procedures for reviewing progress.
• Procedures for recommending revisions to the plan.
The consultant should insure the plan submitted for approval includes documentation of
formal plan adoption by the City of Boynton Beach.
The consultant should include a list of potential projects and how the projects will
contribute to the overall mitigation strategy.
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