R12-039 it ■
2 RESOLUTION NO. R12 -039
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF THE
6 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
7 AN AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND DAVENPORT LAWRENCE, INC., FOR
9 PROJECT MANAGEMENT SERVICES FOR THE
10 UTILITY WATER METER TECHNOLOGY
11 MIGRATION PROJECT; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, on March 13, 2012 Procurement Services opened and evaluated three
16 (3) proposals in response to RFP #037- 1410- 12 /TWH for Project Management Services for
17 Utility Water Meter Technology Migration in order to assist the City with predeployment
18 project management services and project monitoring services during migration; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it to be in the best interests of the residents and citizens of
21 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
22 Davenport Lawrence, Inc., for Project Management Services for the Utility Meter Technology
23 Migration project.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. Each Whereas clause set forth above is true and correct and
27 incorporated herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the Interim City Manager to execute the Agreement between the
30 City of Boynton Beach and Davenport Lawrence, Inc., for Project Management Services for
Document in Windows Internet Explorer
for the Utility Meter Technology Migration project, a copy of said Agreement is attached
2 hereto as Exhibit "A ".
3 Section 3. That this Resolution shall become effective immediately upon passage.
5'. PASSED AND ADOPTED this 17 day of April, 2012.
7, CITY OF BOYNTON BEACH, FLORIDA
8 ,
1d May• • -• ow L. Hay
AdAti
11
Vice Mater— Wil •• e
14 _ c K - y: ,
16'
16 L . •m issioner — Mac, • cCray
17
18
191 C i oner — ven Holzman
20 ''
21
22 — Marlene Ross
23 ATTEST:
24!.
27 Ja -t M .Prainito, MMC
28 , "1-_ ty Clerk
29
30 1
31 1 ' =
32
33 .,
� r{. ��'.
{ I Document m Windows Internet Explorer
a
! - (-
CONSULTANT AGREEMENT
FOR
"PROJECT MANAGEMENT UTILITY WATER METER TECHNOLOGY MIGRATION"
THIS AGREEMENT, entered into this 17th day of April, 2012, between the City of Boynton Beach, a
political subdivision of the State of Florida, hereinafter referred to as the "CITY", and DavenportLawrence
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 PROJECT MANAGEMENT UTILITY WATER METER
TECHNOLOGY MIGRATION.
2. TERM: The term of this AGREEMENT shall for an initial period through September 30, 2015 (the
projected time schedule for technology migration) with the option to renew at the same terms,
conditions and fees for one (1) year periods subject to Consultant acceptance, satisfactory
performance and determination that renewal will be in the best interest of the City. The AGREEMENT
will automatically renew for each period unless cancelled by either party in accordance with the
Termination clause of this AGREEMENT.
3. SCOPE OF SERVICES. Consultant agrees to perform the services in two (2) phases, including the
provision of all labor, materials, equipment and supplies, identified in the Consultant's Proposal dated
March 8, 2012, incorporated herein by reference as if attached hereto
Phase 1 Services:
1. Project Team Development
2. Communication Strategy Management
3. Vendor (Sensus) Coordination and Oversight
4. Meter Location Mapping and Installation Plan
5. Installation Contractor Scope of Services and Procurement
6 Staff Training. Field and Customer Service
7. Data Integration Testing
8. Performance Measurements and Project Reporting
9. Pre - Installation Pilot
10 Field Inspections Management
Phase 2 Services' (Scope subject to modification)
1 Performance Measurement Tracking
2. Vendor (Supplier / Installer) Oversight
3 HR Guidance for Internal Transition of Work Processes
4 Budget and Financial Management and Compliance
5. Technology Reliability Oversight and Issue Management
6. Project Closeout
4. PAYMENT. The CITY shall pay Consultant in accordance with the following Hourly Fee Schedule
plus out -of- pocket expenses in accordance with the City's Travel Policy for Phase 1 and Phase 2:
$145 / Hour - Project Manager
$145 / Hour - Project IT Lead
$ 95 / Hour- Project Field Inspector
$ 65 / Hour - Project Administration
Phase 1 total fees fixed at $24,285.
Phase 2 total fees to be determined based on the scope and the agreement of both parties.
1
5. 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.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this
service 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.
7 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.
8. 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.
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
9. 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.
10. 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.
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.
11 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
12 ASSIGNMENT The Consultant shall not sublet or assign any of the services covered by this
AGREEMENT without the express written consent of the City.
13. 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
2
14 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
15. DISPUTES Any dispute arising out of the terms or conditions of this AGREEMENT shall be
adjudicated within the courts of Florida. Further, this AGREEMENT shall be construed under Florida
Law
16 NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City Manager's Office
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Notices to Consultant shall be sent to the following address -
Managing Director
DavenportLawrence
3950 RCA Blvd, Suite 5012, Suite C
Palm Beach Gardens, FL 33410
17 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 wntten or oral This AGREEMENT
may be amended only by written instrument signed by both City and Consultant.
3
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
multiple copies, each of which shall be considered an original on the following dates:
DATED this 17 day of April, 2012.
CITY OF BOYNTON BEACH DAVENPO'TLA ' ENCE
i ./' 1 4%
II k; _ askillor
1 ' City Manager Consul r'
Attest/Authenticated. L A • GL i 'fe c_ -r
" ' 7 ' o e
Al _ • • (Corporate Seal)
lerk 4
Approved as , or . ' t/Authenticated
/ Y , ' i,
Offi•=•f the City A or - , Secretary
4