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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 America's Gate.ray to the Gulfstream