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R18-01411 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R18 -014 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL AGREEMENTS FOR GENERAL PLANNING SERVICES AS A RESULT OF RFQ #049 - 2410 -17/IT WITH THE MELLGREN PLANNING GROUP, SCHMIDT NICHOLS AND GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 1, 2017 City staff opened eight (8) submittals in response to a Request for Qualifications #049 - 2410 -17/IT issued for General Planning Services based on individual task orders as may be required in support of the City's needs on an "as needed" basis; and WHEREAS, on October 17, 2017, the City Commission approved the list of top ranking qualifiers identified by the Evaluation Committee from the responses received and authorized City staff to conduct negotiations to establish Agreements for ongoing services; and WHEREAS, emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period which will be fixed for the initial three (3) year period; and WHEREAS, the Agreements may be renewed for two (2) additional one year terms with the same terms and conditions; and WHEREAS, the City Commission of the City of Boynton Beach upon 27 M' 29 recommendation of staff, deems it to be in the best interest of the citizens and residents to approve and authorize the City Manager to sign individual Agreements with The Mellgren Planning Group, Schmidt Nichols and Gentile Glas Holloway O'Mahoney & Assoc. as a result of RFQ #049 - 2410 -17/IT for General Planning Services. C:\ Users\ StanzionePAppData \Local\Microsoft \Windows \Temporary Internet Files \Content.IE5 \52FYTEOEWward_of RFQ_- _ General _Planning_Services_- _Reso. doc 11 4 5 1 1111 1 13 14 15 16 17 18 19 20 21 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager to sign individual Agreements with The Mellgren Planning Group, Schmidt Nichols and Gentile Glas Holloway O'Mahoney & Assoc. as a result of RFQ #049 - 2410 -17 /IT for General Planning Services, copies of each Agreement is attached hereto and incorporated herein as Composite Exhibit "A ". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 6 th day of February, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: 29 30 31 32 33 34 Judith';A. Pyle, CMC City Clerk (City Seal) °' C:\ Users\ Stanzione 'RAppData\Loca1\Microsoft \Windows \Temporary Internet Files \Content.IE5 \52FYTEOE\Award_of RFQ- _ General _Planning_Services_ - _Reno. doe GENERAL PLANNING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY ", and JON E. SCHMIDT & ASSOCIATES D /B /A SCHMIDT NICHOLS, hereinafter referred to as "CONSULTANT ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non - exclusive Contract to perform professional planning services with a qualified firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for GENERAL PLANNING SERVICES, RFQ No. 049 - 2410- 17 /IT; and WHEREAS, RFQ No. 049 - 2410 -17/IT defined Scope of Services as general planning services; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on OCTOBER 17, 2017, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES CONSULTANT agrees to perform General Planning Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The CITY's Representative during the performance of this Contract shall be Andrew Mack, Director of Development telephone (561) 742 -6374 ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of three (3) years, commencing at the execution of the contract, and the City reserves the right to renew the contract for two (2) additional one (1) year periods, under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the three (3) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is /are completed. At no time shall this transitional period extend more than one - hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A " attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. 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. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ARTICLE 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. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - 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. ARTICLE 9 - I NDEMNIFICATION 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. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT 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. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - 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 Agreement, 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13 — TRUTH -IN- NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non - current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - 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. ARTICLE 15 - ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY.. ARTICLE 16 - NON - WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - 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. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: JON E. SCHMIDT & ASSOCIATES D /B /A SCHMIDT NICHOLS Attn: Jon E. Schmidt, Pres. 1551 N. Fla ler Dr., Ste. 102 West Palm Beach, FL 33401 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ /RFP and any addenda and /or attachments, 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. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post - judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this IS day of 1 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Approved as jo Fo of the CFY, Attorney 10 om E S ch�� .. QbFU;r s �a� o� U � 2000 ,.Q .e of �`OC•.`�c �l�is�CldteS� (Corporate Seal) JON E. SCHMIDT & ASSOC. DBA SCHMIDT NICHOLS CITY Cler`' � EXHIBIT "A" FEE SCHEDULE SCHMIDT NICHOLS DATE: January 8, 2017 (Revision) Personnel Classifications Hourly Principal $200.00 Project Manager $155.00 Senior Engineer $150.00 Senior Planner $150.00 Senior Architect $150.00 Senior Landscape Architect $150.00 Senior Surveyor /Mapper $120.00 Engineer $115.00 Architect $115.00 Urban Designer $120.00 Planner $100.00 Landscape Architect $85.00 Surveyor /Mapper $100.00 Inspector (Zoning & Landscape) $75.00 GIS Specialist $115.00 CADD /Technician $85.00 Planning Technician $60.00 Clerical /Administrative $45.00 Reimburseable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Detail by Entity Name Florida Department of State J F ¢xis Page 1 of 2 DIVISION OF CORPORATIONS http: / /search. sunbiz.org /Inquiry /CorporationSearchIS earchResultDetail ?inquirytype= Entity... 2/13/2018 Department of State / Division of Corporations I Search Records / Detail BV Document Number I Detail by Entity Name 1551 Flagler Drive Suite 1 WEST PALM BEACH, FL 33401 Annual Reports Report Year Filed Date 2015 02/10/2015 2016 01/25/2016 2017 04129/2017 Document Images 04/29/2017 -- ANNUAL REPORT 01/25/2016 -- ANNUAL REPORT 02/10/2015 -- ANNUAL REPORT 01/21/2014 -- ANNUAL REPORT 01128/2013 -- ANNUAL REPORT 02114/2012 -- ANNUAL REPORT 01/11/2011 --ANNUAL REPORT 01/14/2010 -- ANNUAL REPORT 06/18/2009 -- ANNUAL REPORT 01/0912D08 -- ANNUAL REPORT 01/09/2007 — ANNUAL REPORT 01/05/2006 -- ANNUAL REPORT 01106/2005 --ANNUAL REPORT I 07101/2004 ANNUAL REPORT 02/17/2003 -- ANNUAL REPORT 03/15/2002 -- ANNUAL REPORT 03130/2001 -- ANNUAL REPORT 06/02/2000 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF fo View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View i in PDF format View image in PDF format Page 2 of 2 Florida Department of State, Division of Corporations http: / /search. sunbiz -orgl Inquiryl CorporationSearch ISearchResultDetail ?inquirytype= Entity... 2/13/2018 IONESCH -01 CHASES ,a►cORO„ CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD /YYYY) 2r121 2o1 s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER License # OE67768 Insurance Office of America, Inc. iAbacoa Town Center 1200 Universit Blvd, Suite 200 Jupiter, FL 33458 CONTACT Stephanie Chase NAME. PHONE FAX (A1C, No, Ext): (561) 721 -3741 (A/C,N o ) : (561) 776 -0670 E -MAIL Ste hanie.Chase loausa.com ADDRESS: p BPT6085T 10112/2017 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Old Dominion Insurance Company 40231 DAMAGE TO RENTED PREMISES Ea occurrence INSURED INSURER B: Main Street America Assurance Comp 29939 INSURER C; GEN'L X Jon E. Schmidt & Associates Inc INSURER D; $ 1,000,000 2247 Palm Beach Lakes Blvd Ste 101 West Palm Beach, FL 33409 INSURER E $ 2,000'000 INSURER F; $ 2'000,00011 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ITR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X BPT6085T 10112/2017 10/12/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 500,000 $ 1 MED EXP (Any one person $ 15'000 GEN'L X PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY F-1 i F] LOC OTHER: GENERAL AGGREGATE $ 2,000'000 PRODUCTS - COMP /OP AGG $ 2'000,00011 $ 1 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AU ONL� BIT6085T 10/12/2017 10/12/2018 COMBINED SINGLE LIMIT. Ea accidents 1,000,000 $ BODILY INJURY Per person) $ BODILY INJURY Per accident $ Pe acidentDAMAGE $ Is B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS - MADE CUT6085T 10/12/2017 10/12/2018 EACH OCCURRENCE $ 2,000'000 AGGREGATE $ 2,000 DED X I RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is listed as Additional Insured with respect to General Liability when required by written contract per form CG2026. 30 days notice of cancellation applies to General Liability except 10 days SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach 100 E. Boynton Beach Blvd AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) U 1988 -1U10 AUUKU L UKrUKAI IUrv. Hu nyms Fubul au. The ACORD name and logo are registered marks of ACORD 4 AFAR n� 01 GENERAL PLANNING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY ", and THE MELLGREN PLANNING GROUP, hereinafter referred to as "CONSULTANT ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non - exclusive Contract to perform professional planning services with a qualified firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for GENERAL PLANNING SERVICES, RFQ No. 049 - 2410- 17 /IT; and WHEREAS, RFQ No. 049 - 2410 -17/IT defined Scope of Services as general planning services; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on OCTOBER 17, 2017, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES CONSULTANT agrees to perform General Planning Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. -- �\ \ S - C.) \9 rt �t GENERAL PLANNING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY ", and GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, hereinafter referred to as "CONSULTANT ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non - exclusive Contract to perform professional planning services with a qualified firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for GENERAL PLANNING SERVICES, RFQ No. 049 - 2410- 17 /IT; and WHEREAS, RFQ No. 049 - 2410 -17 /I7 defined Scope of Services as general planning services; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on OCTOBER 17, 2017, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES CONSULTANT agrees to perform General Planning Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The CITY's Representative during the performance of this Contract shall be Andrew Mack, Director of Development, telephone (561) 742 -6374 ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of three (3) years, commencing at the execution of the contract, and the City reserves the right to renew the contract for two (2) additional one (1) year periods, under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the three (3) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is /are completed. At no time shall this transitional period extend more than one - hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A " attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. 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. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ARTICLE 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. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - 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. ARTICLE 9 - I NDEMNIFICATION 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. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT 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. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - 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 Agreement, 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13 — TRUTH -IN- NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non - current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - 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. ARTICLE 15 - ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON - WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - 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. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES Attn: George G. Gentile, Pres. 1907 Commerce Ln., Ste. 101 Jupiter, FL 33458 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ /RFP and any addenda and/or attachments, 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. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post - judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this 15th day of February 2018. CITY OF BOYNTON BEACH 2i'o m xaeevl'v-- Lori LaVerriere, City Manager Approved a to Fi GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, INC.��� by George G. Gentile, President p6f1� 0 . (Corporate Seal) " Attorney Attest/Authenticated EXHIBIT " A " FEE SCHEDULE FIRM: Gentile Glas Holloway O'Mahoney & Associates, Inc. (2gho) DATE: November 06, 2017, Revised January 8, 2018 Personnel Classifications I Hourly Rate Principal $166.00 Project Manager $131.50 Senior Engineer $156.00 Senior Planner $129.40 Senior Architect $150.00 Senior Landscape Architect $122.30 Senior Surveyor /Mapper $122.00 Engineer $114.00 Architect $160.00 Urban Designer $129.40 Planner $76.27 Landscape Architect $102.96 Surveyor /Mapper $108.00 Inspector (Zoning & Landscape) $78.90 GIS Specialist $94.68 CADD /Technician $66.04 Planning Technician $54.26 Clerical /Administrative $37.13 Reimburseable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. GENTGLA -01 URIBEA ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDNYYY) 2119(2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 Insurance Office of America, Inc. Abacoa Town Center 1200 University Blvd, Suite 200 NAMEACT Annie Uribe PHONE FAX , Ext): (561) 296 -5966 26059 (AIc, No): (561) 776 -0670 E-MAIL Annie.Uribe@ioausa.com ADDRESS: INSURERS AFFORDING COVERAGE NAICJI Jupiter, FL 33468 INSURER A: Old Dominion Insurance Company 40231 INSURED INSURER B: Employers Preferred Insurance Company 10346 INSURER c: Continental Casualt Company 20443 f Gentile Glas Holloway O'Mahoney &Associates, Inc. INSURER D: 06/2112017 1907 Commerce Lane Ste 101 Jupiter, FL 33458 INSURER E: DAMAGE TO RENTED PREMISES Ea occurrencel INSURER F: MED EXP An one person) nn%i=DAr_GC CERTIFICATE NUMBER: REVISION NUMBER: .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADDL INSD SUBR D POLICY NUMBER POLICY EFF MM D YY POLICY EXP MMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 $ CLAIMS -MADE ❑X OCCUR BPG4446N 06/2112017 06/21/2018 DAMAGE TO RENTED PREMISES Ea occurrencel 500,600 $ MED EXP An one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY n PROCT - : -C JE GENERAL AGGREGATE $ 2,000,000 PROD UCTS - COMP / OP AGG $ _ 2,000,000 OTHER: $ j A AUTOMOBILE LIABILITY Ea accd.n SINGLE LIMIT $ 1,000,000 BODILY INJURY Per person) $ ANY AUTO BPG4446N 06121/2017 06121/2018 BODILY INJURY (Pe accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NUO+VO-OV\MNED AUTOS ONLY A OO PR DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUG4445N 06121/2017 06/21/2018 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N / A CV707231310 06109/2017 06/0912018 X STATUTE O ER H E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE- POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liabili LAH691901746 07106/2017 07/06/2018 Per Claim 1,000,000 C Professional Liabili LAH691901746 07/06/2017 07/06/2018 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Boynton Beach is named as additional insured with regards to General Liability insurance as per endorsement CG2026(07/04) as required by written contract. [d:11:49 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach 100 E. Boynton Beach AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) U 1988 -2075 AGUKIJ UUKVUKA I IUIN. An ngnrs reserveu. The ACORD name and logo are registered marks of ACORD