R22-074 1 RESOLUTION NO. R22- 074
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN END USER
4 PROFESSIONAL SERVICES AGREEMENT WITH THOMPSON CONSULTING
5 SERVICES, LLC FOR DEBRIS MONITORING SERVICES AS PROVIDED FOR
6 UNDER THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7 AGREEMENT NO. 22-202 WITH THE SAME TERMS AND CONDITIONS; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the Solid Waste Authority approved an Agreement for Disaster Debris
11 Management and Support Services with Thompson Consulting Services, LLC. Article 33
12 (Agreements with other Government Entities) of Agreement No. 22-202 states, "The
13 CONSULTANT agrees that this Agreement constitutes an offer to all State and local government
14 agencies of the State of Florida under the same terms and conditions, for the same prices and for
15 the same effective period as specified in this Agreement; should the CONSULTANT deem it in the
16 best interest of their business to do so; and
17 WHEREAS, Thompson Consulting Services, LLC, will provide temporary debris site
18 monitoring on behalf of the City of Boynton Beach after a hurricane to observe debris unloading
19 operations at the Solid Waste Authority's temporary debris sites related to storm debris; and
20 WHEREAS, Thompson Consulting Services will calibrate debris vehicle load
21 determinations to eliminate discrepancies and will ensure reimbursement capabilities with FEMA
22 after a hurricane event; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
24 recommendation of staff, deems it to be in the best interests of the City residents to approve and
25 authorize the Interim City Manager to sign an End User Professional Services Agreement with
26 Thompson Consulting Services, LLC for debris monitoring services as provided for under the Solid
27 Waste Authority of Palm Beach County Agreement No. 22-202 with the same terms and
28 conditions.
S:\CA\RESO\Agreements\End User Agreement With Thompson-Rcso.Docx
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. Each Whereas clause set forth above is true and correct and incorporated
32 herein by this reference.
33 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
34 approves and authorizes the Interim City Manager to sign an End User Professional Services
35 Agreement with Thompson Consulting Services, LLC for debris monitoring services as provided
36 for under the Solid Waste Authority of Palm Beach County Agreement No. 22-202 with the same
37 terms and conditions. A copy of the End User Professional Services Agreement is attached hereto
38 as Exhibit "A".
39 Section 3. That this Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 7th day of June, 2022.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43
44 Mayor—Ty Penserga
45
46 Vice Mayor—Angela Cruz ✓
47
48 Commissioner—Woodrow L. Hay ✓
49
50 Commissioner—Thomas Turkin ✓
51
52 Commissioner—Aimee Kelley
53
54 VOTE 5 -0
55 ATTEST:
56/ _ NTON B`Nt
57, 1 1 ;OkvoRATf••••• ��;�1
58\` f. A �► S) 41) A�
59 Mayle - esus, M C S V S 1ck et;
60 City C e s Awa 19t1
62
63 (Corporate Seal)
S:\CA\RESO\Agreements\End User Agreement With Thompson-Reso.Docx
thompson
CONS_.. .'i 5FRVICES
End User Professional Services Agreement
General Terms and Conditions
This End User Professional Services Agreement("Agreement")by and between Thompson Consulting Services,LLC(hereinafter referenced as
"Consultant")and the undersigned client(hereinafter referenced as"Client"or"End User");
Whereas,Consultant has entered into an agreement for Disaster Debris Management and Support Services(Agreement Number 22-202)effective
as of May 8,2022—May 7,2025 with the Solid Waste Authority of Palm Beach County(hereinafter referred to as"Authority Contract"and attached
as Exhibit A);
Whereas,the Authority Contract acknowledges that the End User may enter into an agreement with the Consultant through the Authority Contract;
Whereas,Client desires to be an End User under the Authority Contract;
Whereas,both parties hereby agree to be bound to the terms and conditions of the Authority Contract;
Now therefore,in consideration of the mutual covenants to be performed by the parties pursuant to this Agreement,each party hereby represents,
warrants,and agrees as follows:
1. TERM&APPLICABILITY
The term of this Agreement shall commence on the Effective Date and shall expire on the same date set forth in the Authority Contract.The term of
this Agreement shall be dependent upon any renewals of the Authority Contract.Any exercised renewal of the Authority Contract on the same terms
and conditions as the Initial Term,shall automatically renew the term of this Agreement for the same period of the Authority Contract,unless Client
or Consultant notifies the other party in writing prior to the expiration of the then current term of its intent not to renew this Agreement. This
Agreement shall apply to all work performed at the request of the Client or for the benefit of the Client during the term hereof(the"Work")unless both
parties agree in writing that the terms and conditions hereof shall not apply.All references to"AUTHORITY"in the Authority Contract shall be as to
"CITY"as applicable to apply its terms to the CITY.
2. SCOPE OF WORK
Consultant shall perform such Work as the Client may direct from time to time during the term hereof following the issuance of a Notice to Proceed
and in accordance with Exhibit A attached hereto.
3. FEE FOR SERVICES
The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as set
forth in the Authority Contract,including any amendments to Authority Contract.
4. INFORMATION PROVIDED BY OTHERS
Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder.Consultant
may rely on the accuracy of information provided by Client and its representatives.
5. NOTICES
Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five
(5)days after mailing by first-class,registered,or certified mail,return receipt requested,and postage prepaid.
Payment of invoices shall be within thirty(30)days after receipt of a correct,fully documented invoice.All invoices shall be delivered to:
City of Boynton Beach
Attn:Financial Services
100 East Ocean Avenue
Boynton Beach,FL 33435
6. MISCELLANEOUS
A.If any provision of this Agreement is invalid or unenforceable,the remainder of this Agreement shall continue in full force and effect and the
provision declared invalid or unenforceable shall continue as to other circumstances.
B.This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument,but all of which
taken together shall constitute one instrument.
Page 1 of 2 Modified:May 1,2022
thompson
CONSULT NG SERVICES
End User Professional Services Agreement
General Terms and Conditions
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives.
Effective Date: 3
THOMPSON CONSULTING SERVICES,LLC [CITY OF BOYNTON BEACH,FL]
By: vfr_f By:
Name: Nathaniel Counsel! Name: O/d MES /‘..1f 6a/b/C-
Title: Executive Vice President Title: 1�c/C /� (, IA /"hroiff er—
422AdDate: May 10,2022 Date: 6e//3/2d22-
Address:
dress: 2601 Maitland Center Parkway Address: 100 E.Ocean Ave.
Maitland,FL 32751-4110 Boynton Beach,FL 33435
Please return executed copy of these terms and conditions to the attention of:
Lydia Pena
LPena@thompsoncs.net—Email
(407)792-0018—Phone
*WI RM:
CITY ATTORNEY
Page 2 of 2 Modified:May 1,2022
thompson
CONSULTING SERVICES
End User Professional Services Agreement
General Terms and Conditions
EXHIBIT A
Modified:May 1,2022