R01-254RESOLUTION NO. R- 01 - ,~'~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE "PIGGY-BACK" BID OF THE CITY OF PORT ST.
LUCIE, RFP#0352-01-BG, AWARDED TO
MANAGEMENT LEARNING LABORATORIES, FOR
NEEDS ASSESSMENT FOR THE RECREATION AND
pAP, J<2 DEPARTMENTS, IN THE AMOUNT ~F
tWENTY THOUSAND FIVE HUNDRED DOLL
($20, 500.00); PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the Recreation Department's desire to retain a consulting firm
for the preparation, implementation, and interpretation of a coxpprehensive park,
recreation and cultur~ interest survey; and
WItEREAS, the City of Port St. Lucie completed a similar comprehensive needs
assessment by using a formal Request for Proposal Process (RFP) and!awarding the bid to
Management Learning Laboratories, known as RPF#352-01-BG of Port St. Lucie; and
W~IEREAS, the City of Boynton Beach desires to "Piggy-Back" RPF#352-01-
BG of Port St. Lucie; and
WHEREAS, the ~iggy Back of RPF#352-01-BG of Port St. Lume ~s m the best
interest of all parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, TttAT:
_Section 1. The City Commission of the City of Boynt¢
hereby approves the "piggyback" of the City of Port St. Lucie, RFP
the Comprehensive Recreation and Parks Needs Assessment in the
Thousand Five Hundred dollars ($20,500.00)· See attached Exhil~
Agreement Form, Recreation & Needs Assessment Study.
Section 2. That this Resolution shall become effective into
PASSED AND ADOPTED this [ q day of September, 2(
,n Beach, Florida,
: 0352~01-BG, for
amount of Twenty
"A", Consultant
diately.
01.
ATTEST:
~5~mmissioner
I1
CONSULTANT AGREEMENT FORM
RECREATION & NEEDS ASSESSMENT STUDY
THIS AG.~RI~,,EMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City , and ~AGEMENT LEARNING_LABORA_ TO _R/tE~S hereitnafter referred to
as "the Consultant"~ in consideratio----'----~ of the mutual benefits, terms, and cond~rions hereinafter
specified.
PROJECT DESIGNATION. The Consultant is retained by the City to pc
& Needs Assessment services in connection with ~the project designe
RFP#352-01-BG of Port St. Lucie.
SCOPE OF SERVICES. Consultant agrees to perform the services, idex
"A" attached hereto, including the provision of all labor, materials, equlpme
rform Recreation
ted as stated in
rifled on Exhibit
at and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence ~tp~on 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_
from the date written notice is given to proceed, unless an extension of suqh time is granted
in writing by the City.
!
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made as provid~
attached hereto, provided that the total amount of payment to Consultar
$20,500.00 without express wnrren modification of the agreement signe
The Consultant may submit vouchers to the City once per month duri~
the work for partial payment for project completed to date. Such
checked by the City, and upon approval thereof, payment will be made
in the amount approved.
Final payment of any balance due the Consultant of the total contract
made promptly upon its ascertainment and verification by the City after
the work under this agreement and its acceptance by the City.
~d on Exhibit "B"
shall not exceed
by the City.
~g the progress of
vouchers will be
to the Consultant
ce eamed will be
the completion of
Payment as provided in this section shall be full compensation for work performed.
services rendered and for alt materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertaining to this agreemem are to be kept
available for inspection by representatives of the City and State for a l~eriod of three (3)
years after final payments. Copies shall be made available upon request.
CA-1
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other mater/als produced by the Consultant m 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.
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
agreemem.
INDEMNIFICATION. Consultant shall indemuify, defend and hold ham
offices, agents and employees, from and against any and all claims, losses
portion thereofi including attorneys fees and costs, arising from injury or
including injuries, sickness, disease or death to Consultant's own employ~
property occasioned by a negligent act, omission or failure of the Consultan
INSURANCE. The Consultant shall secure and maintain in force throughc
this contract comprehensive general liability ~nsurance with a minin:
$500,000 per occurrence and $1,000,000 aggregate for personal injury;
occurrence/aggregate for property damage, and professional liability insura
of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an
insured and shall include a provtsion prohibiting cancellation of said p(
thirty (30) days prior written notice to the City. Certificates of coverage
section shall be delivered to the City within fifteen (15) days of execution
INDEPENDENT CONTRACTOR. The Consultant and the City agree tha~
an independent contractor with respect to the serwces provided pursuant
Nothing in this agreement shall be considered to create the relationship
employee between the parties hereto. Neither Consultant nor any emplo
shall be entitled to any benefits accorded City employees by virtue of the
under this agreement. The City shall not be responsible for withholi
deducting federal income tax or social security or for contributing to ~
insurance program, otherwise assuming the duties of an employer with res
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warra
employed or retained any company or person, other thau a bonafide emplo)
for the Consultant, to solicit or secure this contract, and that he has not pai
any company or person, other than a bonafide employee working solely
dess the City, its
r liability, or any
death to persons,
es, or damage to
the duration of
am coverage of
s~d $500,000 per
~ce in the amount
additional named
licy except upon
~ required by this
!this agreement.
the Consultant is
o this agreement.
of employer and
tee of Consultant
services provided
ing or otherwise
te state industrial
ect to Consultant,
:s that he has not
ee working solely
! or agreed to pay
)r 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 fight to annul this contract without ~iability or, in its
discretion to deduct from the contract price or consideration, or otherwis~ recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
CA-2
1 I. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, wilt 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. net
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.
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.
In the event of the death of a member, parmer or officer of the Consul[ant, or any of its
supervisory personnel assigned to the project, the surviving members ~f the Consultant
hereby agree to complete the work under the terms of this agreement, ff requested tO do
so by the Citv. 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 arismg 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 of Boymon Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Arm: Wallv Majors, Recreation Director
Notices to Consultant shall be sent to the following address:
MANAGEMENT LEARNING LABORATORIES
163 Linbrook Drive
Winston-Salem, NC 27106
CA-3
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 written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATEDthis I~ dayof ,~I>T~ml~r ,20OI .
CITY OF BOYNTON BEACH
IVl'ayor
~,\\\\\\B [ 111 fllth, l//Z
%1920,/
~///// ~40mO~ ,.~
Cl~k
Consultant
Title
(Corporate Seal)
Approved as to Form:
O f~rn~ey
Attest/Authenticated:
Secretary
Rev. 1/22/91
CA-~
The City of
Boynton Beach
Procurement Settees
I00 E. Bo3~n~on Beach Boulevard
P.O. Box 310
Boynton Beach, FIorida 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
c;ITY OF tD.C~¥~TF~M BEAC~I
September 21, 2001
MANAGEMENT LEARNING LABORATORIES
163 LINBROOK DRIVE
WINSTON-SALEM, lXl¢. 2 710 6
ATTN: ANANDA MITRA
"COMPREHENSIVE RECREATION AND PARKS NEEDS ASSESSMENT"
RFP#0352-01-BG
Dear Representative:
At the City Commission meeting of September 19, 2001, the RFP for "A COMPREHENSIVE
RECREATION AND PARKS NEEDS ASSESSMENT" was approved to "Piggy Back" Pt.
St. Lucie's RFP # 0352-01-BG.
Enclosed is a Consultant Agreement, signed by the City. Please execute the Consultant
Agreement on behalf of your company and return it to me at your earliest convenience.
As stipulated within the RFP, your company's original certificate of insurance is to be provided
to our Risk Management Department at your earliest convenience, naming the CiW as additional
insured.
Enclosed is our Insurance Advisory Form stating our requirements.
We thank you for allowing us to utilize this RFP. If you should have any questions regarding this
RFP, please feel free to contact my office at (561) 742-6323.
Sincerely,
Bill Atkins
Deputy Director of Financial Services
/ks
Enclosures: Consultant Agreement, Insurance Advisory Form
c: Wally Majors - Recreation Director
Central File
File
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