R20-057 1 RESOLUTION NO. R20-057
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN AN AGREEMENT AND TASK ORDER
6 WITH MCGOVERN MCDONALD ENGINEERS, INC., FOR
7 INTEGRATED FINANCIAL AND ENGINEERING UTILITY
8 RATE MODEL UPGRADE FOR $358,707.00 AND 3-YEARS OF
9 AS-NEEDED MODEL MAINTENANCE SERVICES AT
10 $70,000.00 PER YEAR FOR THE REMAINDER OF THE 3-YEAR
11 CONTRACT PERIOD FOR A TOTAL 3-YEAR TASK ORDER
12 AMOUNT OF $527,874.00; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, on April 21, 2020 the Commission approved the ranking of firms
16 responding to Request for Qualifications 008-2821-20/TP and authorized staff to conduct
17 negotiations for compensation with the top ranked firm according to Florida State Statute
18 287.55, Consultants' Competitive Negotiation Act(CCNA); and
19 WHEREAS, in the last several years, the Utility Department has been very
20 successful in realizing the vision to develop a utilities rate optimization model. Previous
21 efforts included Improvements to the model that helped improve speed, improve
22 programming flexibility, and achieve better, faster data import and management
23 capabilities; and
24 WHEREAS,the Utility Department is now seeking to build upon this success and
25 to upgrade the current model features and functions into a fully integrated CIP engineering
26 planning and rate-setting Utility Management Automation (UMATM) Model with the
27 utilities to be included in the new UMATM Model are: Water, Wastewater, Recycled
28 Water, Stormwater, and the new Energy Utility; and
29 WHEREAS, the City Commission of the City of Boynton Beach upon
30 recommendation of staff, deems it to be in the best interest of the citizens and residents to
51 approve and authorize the City Manager to sign an Agreement and task order
32 with McGovern McDonald Engineers for Integrated Financial and Engineering Utility
33 Rate Model upgrade for $358,707.00 and 3-years of as-needed Model Maintenance
;4 Services at$70,000/year for the remainder of the 3-year contract period.Total 3-year task
35 order amount is $527,874.00.
36
37
S:\CA'RESO\Agreements\Agreement with McGovern McDonald Engineers-Reso.docx
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2.9 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
40 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed
41 as being true and correct and are hereby made a specific part of this Resolution upon
42 adoption.
43 Section 2. The City Commission of the City of Boynton Beach, Florida,
44 hereby approves and authorizes the City Manager to sign an Agreement and task order
45 with McGovern McDonald Engineers for Integrated Financial and Engineering Utility
46 Rate Model upgrade for $358,707.00 and 3-years of as-needed Model Maintenance
47 Services at$70,000/year for the remainder of the 3-year contract period.Total 3-year task
48 order amount is$527,874.00,a copy of the Agreement and Task Order are attached hereto
49 and incorporated herein as Exhibit"A"and "B" respectively.
50 Section 3. That this Resolution shall become effective immediately.
51 PASSED AND ADOPTED this /delay of June, 2020.
E 2 CITY OF BOYNTON BEACH,FLORIDA
§3 YES NO
54
55 Mayor—Steven B. Grant ✓
56
57 Vice Mayor—Ty Penserga
58
59 Commissioner—Justin Katz
60
61 Commissioner—Woodrow L. Hay
52
63 Commissioner—Christina L. Romelus ✓
64
65 VOTE
66 ATTEST:
67
68
e9 Cry al Gibson, MMC
70 City Clerk
71 ,
72
3 (Corporate Seal): :;-G � h `6 '.
r..
tC)2Q •
S:\CA\RESO\Agreements\Agree nep;wlthMgGoi7em McDonald Engineers-Reso.docx
INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND
MAINTENANCE SERVICES
THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to
as "CITY", and McGovern McDonald Engineers, 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, and
WHEREAS, THE CITY issued a Request for Qualifications for INTEGRATED
FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE
SERVICES, RFQ No. 008-2821-20/TP; and
WHEREAS, RFQ No. 008-2821-20/TP defined Scope of Services as INTEGRATED
FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE
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 June 2, 2020, 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 administrative staff, has successfully negotiated an
Agreement with CONSULTANT defining terms and conditions for the performance of consulting
and engineering services within the scope of the Request for Qualifications; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT agrees to perform Integrated Financial and Engineering Utility Rate Model
Update and Maintenance Services by way of individual task order(s) / written work
authorization(s), at the written 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
Joseph Paterniti P.E. telephone (561) 742-6423 .
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The CONSULTANT'S Representative during the performance of the Contract shall
be Steve McDonald, P.E. telephone (925) 788-7001.
ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial term of three (3)years, commencing
on the date this contract is last signed by the City or Consultant. The City of
Boynton Beach Purchasing Manager in consultation with the Finance Director may
extend the agreement for two (2) additional two (2) year periods, under the same
terms, conditions, subject to vendor acceptance, satisfactory performance as
determined by the Purchasing Manager, and determination by the Purchasing
Manager that renewal will be in the best interest of the City. The Services to be
performed during the initial 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
3.1 Work under this Contract shall commence upon the giving of written notice by the
CITY to the CONSULTANT by way of a purchase order signed by the City and
delivered to Consultant. CONSULTANT shall perform all services and provide all
work product required pursuant to this Agreement within the time period set forth
in the task order, unless an extension of time is granted in writing by the CITY.
ARTICLE 4 - PAYMENT
4.1 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 a CITY representative, and upon approval thereof,
payment will be made to the CONSULTANT in the amount approved.
Final payment of any balance due the CONSULTANT of the total contract price
earned will be made within thirty (30) calendar days of verification and acceptance
by the CITY after the completion of the Work.
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c. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in
the negotiated value of each task order. Compensation will be through a direct
mark-up in accordance with the Schedule of Professional Fees attached hereto.
Sub-consulting services shall be approved by the CITY'S representative prior to
performance of the sub-consulting work. Consulting time for processing and
management of the sub-CONSULTANT shall not be included in direct costs as the
direct mark-up is applied for management efforts.
d. In certain cases where incremental billing for partially completed work is permitted
by the City's representative, the total incremental billings shall not exceed the
percentage of estimated completion of identifiable deliverables or accepted
deliverables as of the billing date.
e. The cost of all services as stated herein shall remain fixed and firm for the initial
three (3) year period of the contract. Cost of services for any extension period of
the contract shall be as agreed to by the City and CONSULTANT and reflected in
a contract addendum.
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to Consultant, 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.
Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to
reuse standard details and other design copies, including reproducible copies, of
drawing 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 and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 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
7.1 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
Integrated Financial and Engineering Utility Rate Model Update and Maintenance
Services as they relate to the utility located at various facilities throughout the
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Boynton Beach Utilities service area and related services no less than the standard
of care for Integrated Financial and Engineering Utility Rate Model Update and
Maintenance Services 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
8.1 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 - INDEMNIFICATION
9.1 CONSULTANT shall indemnify 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 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.
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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 consultants, 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-consultants
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
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ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 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.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 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 pxclude any significant sums should
the CITY determine that the rates and cost* were increased due to inaccurate,
incomplete, or non-current wage rates or due to inaccurate representations of fees
paid to outside CONSULTANTs. The CITY shall exercise its rights under this
"Certificate" within one (1) year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 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.
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ARTICLE 15 -ASSIGNMENT
15.1 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
16.1 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.
ARTICLE 18 - DISPUTES
18.1 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
Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-7
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
Procurement Services
Attn: Director of Finance
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to CONSULTANT shall be sent to the following address:
Consultant: McGovern McDonald Engineers
ADDRESS: 870 Market Street, Suite 828
CITY/STATE/ZIP: San Francisco, CA 94102
Attn: Steve McDonald
Tel: (925) 788-7001
Fax: (415) 779-8680
Email: smcdonald@mmewater.com
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 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.
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1
22.2 In connection with any litigation or other proceeding arising out of the Agreement,
each 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.
ARTICLE 23 —PUBLIC RECORDS
23.1 Sealed documents received by the City in response to an invitation are exempt
from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida
Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The
CONSULTANT shall comply with Florida's Public Records Law. Specifically, the
CONSULTANT shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt
from public record disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and, following
completion of the contract, CONSULTANT shall maintain in a secured manner
all copies of such confidential and exempt records remaining in its possession
once the CONSULTANT transfers the records in its possession to the CITY;
and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no
cost to the CITY, all public records in CONSULTANT'S possession. All records
stored electronically by CONSULTANT must be provided to the CITY, upon
request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-9
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E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
ARTICLE 24 — SCRUTINIZED COMPANIES 287.135 and 215.473
24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a
boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities
in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has CONSULTANT been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will
not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to CONSULTANT of
the City's determination concerning the false certification. CONSULTANT shall
have five (5) days from receipt of notice to refute the false certification allegation.
If such false certification is discovered during the active contract term,
CONSULTANT shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was
made in error. If CONSULTANT does not demonstrate that the City's determination
of false certification was made in error then the City shall have the right to terminate
the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,
as amended from time to time.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-10
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"This Agreement will take effect once signed by both parties. This Agreement may be
signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature for all
purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year set forth below their respective signatures.
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 i day of ' \ , 20 ,
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CITY OF BOYNTON BEACH
"4,1. -7/9(teli—C (-1' 46-1A-eA./
CITY Manager CONSULTANT
Attest/Authenticated: PAT AIC;, /4
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Title
(Corporate Seal)
CI,r Clerk
Approve•flas to r orm: Attest/Authenticated:
tt/- 4,,t.sec
p• ice of t � I A orney Secretary
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T
_ 1 18/1'1/1
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements,the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of consultants, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive,and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
------ — --------------- ----- ----------
General Liability General Aggregate $1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $1,000,000.00
Owners&Consultant's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Liquor Liability Each Occurrence $1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med.Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Consultant
Broad Form Property Damage
Fire Legal Liability
---------------------- ----
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal — ---
Garage Liability Auto Only,Each Accident $1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,000,000.00
Aggregate $1,000,000.00
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Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease,Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Other- As Risk Identified to be determined
Boynton Beach Utilities--Utility Rate Model Update&Maintenance Services
EXHIBIT "A"
FEE SCHEDULE
FIRM: McGovern McDonald Engineers
CONTRACT TERM:
PERSONNEL CLASSIFICATIONS HOURLY RATE
ENGINEERS/CONSULTANTS
Assistant Engineer(AE) $149
Engineer(E) $184
Project Engineer(PE) $196
Sr. Project Engineer(SE) $215
Chief, Principal Engineer(P) $249
CADD/GRAPHICS I TECHNICIANS
Associate Technician (AT) $126
Senior CADD Technician (ST) $158
SOFTWARE ENGINEERS
Software Engineer I (SI) $196
Software Engineer II (SII) $215
Chief UX/UI Designer(UX) $239
SUPPORT STAFF
Document word Processing (WP) $95
OTHER DIRECT EXPENSES
Travel and Subsistence At Cost
Mileage @ IRS Reimbursement Rate $0.575 per mile
Sub-Consultant Cost+ 10%
Other Direct Costs Cost+ 10%
Expert Witness Rate x 3.5
This fee is valid for the initial three (3)year contract term if applied to the Boynton Beach
Utilities—Utility Rate Model Update and Maintenance Agreement
Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services
EXHIBIT A—FEE SCHEDULE