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R13-0071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R13 -007 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE AWARD OF A CONSULTANT AGREEMENT WITH MANAGEMENT LEARNING LABORATORIES FOR A NEEDS ASSESSMENT STUDY FOR THE RECREATION AND PARKS DEPARTMENT IN RESPONSE TO RFP #016- 2710 -13 /JMA IN AN AMOUNT NOT -TO- EXCEED $19,500; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 28, 2012, Procurement Services received and opened four (4) proposals in response to RFP #016 - 2710 -13 /JMA for "A Needs Assessment Study for Recreation and Parks Department", and WHEREAS, the evaluation committee, consisting of Wally Majors, Sherri Claude 17, and Carisse LeJeune, independently reviewed and evaluated the bid proposals; and 18, WHEREAS, the Finance Department verified the scores and prepared a summary 19 tabulation of the overall scores and, as a result, is recommending the award of the contract to 20 21 22 23 24 25 26 27 28 29 Management Learning Laboratories of Winston - Salem, NC who was the most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve the award of a Consultant Agreement for RFP 4016 -2710- 13 /JMA for "A Needs Assessment Study for the Recreation and Parks Department' to Management Learning Laboratories of Winston - Salem, NC and authorizes the City Manager to execute a Consultant Agreement in an amount not to exceed $19,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Document in Windows Internet Explorer 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve the award of a Consultant Agreement for RFP 4016 - 2710- 13lJMA for "A 6 Needs Assessment Study for the Recreation and Parks Department' to Management 7 Learning Laboratories of Winston - Salem, NC and authorizes the City Manager to execute a 8 Consultant Agreement in an amount not to exceed $19,500, a copy of which is attached 9 hereto as Exhibit "A ". 10 Section 3. This Resolution shall become effective immediately upon passage. 11 12 PASSED AND ADOPTED this 5'" day of February, 2013. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 31 Jan M. Prainito, MMC 32 ' y Cl 33 (C 34 CITY OF BOYNTON BEACH, FLORIDA Mayor — W o a f J ��Tce`Mayor — Mack MX O C ss' er"— Taylor Commission even Holzman Comm' oner — Wa Segal CONSULTANT AGREEMENT FOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and MANAGEMENT LEARNING LABORATORIES 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 perform all services and provide all work product required pursuant to this agreement by 120 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 Six Months 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 $19.500.00: 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 Citv 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. 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 professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said professional 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 bona fide 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 bona fide 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. 2 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 Attn: City Manager Notices to Consultant shall be sent to the following address: Management Learning Laboratories 163 Linbrook Drive Winston - Salem, NC 27106 Attn: Ananda Mitra 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 day of "yana :t "j'jthenticatec ne � City Clerk 19QU" 1 20/3. t 1, Con Title (Corporate Seal) Attest/Authenticated: 4 IN The Recreation and Parks Department is seeking professional services for the preparation, implementation, and interpretation of a comprehensive opinion survey. The study will assist the Recreation and Parks Department in the formation of goals, policies; strategic plan; future development of program areas and facilities to meet the needs of the community; and to demonstrate if programming deficiencies exist. A questionnaire is to be developed by the Consultant with direct input from the City Residents, the Recreation Advisory Board, Staff and City Commissioners. The questionnaire will incorporate an awareness of the geographic, social and economic characteristics of the constituents served by the City. Goals to be addressed in a Needs Assessment: 1. Information that the City of Boynton Beach may utilize to gain a better understanding of its constituency; 2. To investigate how citizens in the City wish to utilize their discretionary time and how the City may coordinate efforts in these areas; 3. To explore and suggest efficient ways of providing recreational opportunities taking into account the economic and time constraints of the Community; 4. To assess public awareness and perception of the City's current programs and facilities in terms of how well the programs and facilities satisfy the needs of the Citizens; 5. To determine the most effective methods of disseminating information to the public about parks, recreation, facilities, cultural programs and various educational and social opportunities. 6. To give City residents the opportunity to offer suggestions, comments, and concerns about the opportunities provided by the City. In preparing the early questionnaire drafts, the Consultant will actively seek to include community input through various focus group meetings and interviews with the public and Staff. After the survey instrument is finalized, the vendor will draw a random sample of residents and print labels for the purpose of mailing the final questionnaire. Questionnaires will be issued via first class U.S. Mail with completed questionnaires returned directly to the Consultant in self - addressed, stamped envelopes. The questionnaire responses must be sufficient in amount to provide accurate results. Questions specific to the City of Boynton Beach will be part of the questionnaire. The questions will be arranged in a format that is most effective in determining the attitudes, interests, opinions, and needs of City residents. The Consultant will visit the community during the initial phase to secure input for questionnaire content. This input will come primarily from focus group meetings with the community and through interviews and meetings with City staff and the Advisory Board. This process will provide the City staff and Advisory Board the opportunity to include their ideas and suggestions for questions on the survey. The final survey will be approved by the Recreation and Parks Department prior to distribution. Consultant will be responsible for printing the appropriate number of questionnaires with self- addressed, stamped envelopes and mailing of the questionnaires. The awarded Consultant must demonstrate that sound statistical sampling procedures will be utilized. In determining the appropriate sample to be representative of the various segments of the Community, the Consultant will review all available demographic information on Community residents. Completed surveys will be returned to the Consultant for data processing and analysis. As the surveys are returned, detailed records of the rate of return will be maintained and continuously updated. The anonymity of all members of the sample group will be maintained and all survey responses will be kept confidential. The objective of this phase of the project is to determine the most appropriate interpretation of the survey data. The analysis and interpretation of the data will be provided by the Consultant in a format that is easily understood and available to the Recreation and Parks Department Staff. The survey data will be provided to the City in an integrated system of software for data management, analysis, and presentation. The Consultant will conduct one training program for selected City Staff to quickly and efficiently access the data collected in the survey. At the conclusion of the proposed study, the Consultant will conduct a series of workshops designed to assist the staff and Board in making the most efficient and effective use of the study results to include: A half-day session to conduct an in-depth presentation of the study results to the City Staff and Advisory Board. The presentation will focus on interpreting the survey data, explaining the basis for the conclusions and recommendations and responding to any questions regarding the final report.