R22-025 1 RESOLUTION R22-025
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN
5 AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY BOARD OF
6 TRUSTEES,ON BEHALF OF THE JOHN SCOTT DAILEY FLORIDA INSTITUTE
7 OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY OF BOCA RATON,
8 FL TO PROVIDE STRATEGIC PLANNING SUPPORT SERVICES IN THE
9 AMOUNT NOT-TO-EXCEED $24,000.00; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS,the City is in the process of updating the FY 20/21 Strategic Plan for FY 22/23
13 and developing a 5-Year Strategic Plan for FY 23 through FY 28 that will advance the City's vision
14 of a welcoming and prosperous coastal community with a high quality of life that exemplifies
15 equitable neighborhood economic and environmental sustainability and resiliency; and
16 WHEREAS, staff recommends continuing the strategic planning support services with
17 Florida Atlantic University through a professional services agreement with The John Scott Dailey
18 Florida Institute of Government in partnership with Trainnovations to support an update to the
19 FY 20/21 Strategic Plan for FY 22/23 and the development of the FY 23 through FY 28 (5-Year
20 Strategic Plan);and
21 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of
22 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach
23 to approve and authorize the City Manager to sign an Agreement with Florida Atlantic University
24 Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida
25 Atlantic University of Boca Raton, FL to provide strategic planning support services in the amount
26 not-to-exceed $24,000.00.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\John Scott Dailey Inst Agreement to review Strategic Plan(2022-23)-Reso.docx
29
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission of the City of Boynton Beach hereby approves and
34 authorizes the City K8anage, to sign an Agreement with Florida Atlantic University Board of
35 Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic
36 University of Boca Raton, FL to provide strategic planning support services in the amount not-to-
37 exceed $24,000.00, a copy of the Agreement is attached hereto and made a part here as Exhibit
38 "A".
39 Section 3. That this Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 1st day of February, 2023.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43 Mayor—Steven B. Grant ^~~^
44
45 Vice Mayor—Wood row L. Hay `~
46
47 Commissioner—Justin Katz 116501-f-
48
49 Commissioner—Christina L. Romelus v~
50
51 Commissioner—Ty Penserga
52
4
63 VOTE /—=/7
(�
54 ATTEST:
55
56
57 sta| Gibson MMC /', ;�
58 City Clerk
59
60 (Corporate Seal)
m Scott Dailey Inst Agreement to review Strategic Plan(2022-23) moso.dvp
R22-025
FLORIDA ATLANTIC UNIVERSITY
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into as of
("Effective Date"), by and between the Florida Atlantic University
Board of Trustees, a public body corporate of the State of Florida, on behalf of The John Scott
Dailey Florida Institute of Government at Florida Atlantic University, with an address of 777 Glades
Road, Building 44, Room 206, Boca Raton, FL 33431 ("FAU" or "University"), and the City of
Boynton Beach, a Municipality with a business address of 100 East Ocean Avenue, Boynton Beach,
Florida 33735, ("Client").
In consideration of the mutual covenants and stipulations set forth herein, the parties hereby
agree as follows:
1. University agrees to provide and Client agrees to accept the services set forth on Exhibit A
attached hereto (the "Services") in accordance with the terms of this Agreement. University shall
control the manner in which the Services are provided, giving due consideration to the requests of
Client. Unless otherwise mutually agreed, the Services shall be performed at Client's premises.
2. This Agreement is legally binding as of the Effective Date, and, unless terminated as
provided herein or extended by mutual written agreement of the parties, shall continue until the
Services have been completed. University may terminate this Agreement at anytime for any reason
upon written notice to Client.
3. Client agrees to pay University for the Services during the term hereof in accordance with the
rates and terms set forth on Exhibit A attached hereto. Unless otherwise specified, payments shall
be due within thirty (30) days of receipt of a University invoice. Late payments shall bear interest at
1 % per month.
4. The performance of the University of the Services shall be subject to and contingent upon
the availability of funds appropriated by the state legislature or the prime funding agency, or
otherwise lawfully expendable for the purpose of the Services for the current and future periods.
5. All documents, papers, letters or other material made or received in conjunction with the
Services shall be subject to the provisions of Chapter 119, Florida Statutes.
6. Any renewals, amendments, alterations or modifications pertaining to the Services must be
signed or initialed and approved by all parties.
7. The provision of the Services and the validity, construction and effect of this Agreement shall
be governed by the laws of the State of Florida. The University, as a public entity of the State of
Florida, is entitled to the benefits of sovereign immunity coextensive therewith, including immunities
from taxation.
8. Neither party may, without the advance written approval of the other party, assign any right or
delegate any duties pertaining to the Services.
9. No default, delay or failure to perform shall be considered a default, delay or failure to
perform otherwise chargeable, hereunder, if such default, delay or failure to perform is due to
causes beyond either party's reasonable control including, but not limited to, strikes, lockouts or
inactions of governmental authorities; epidemics; war; embargoes, fire; earthquake; acts of God;
8-5-07
default of common carrier. In the event of such default, delay or failure to perform, any date or times
by which a party is otherwise scheduled to perform shall be extended automatically for a period of
time equal in duration to the time lost by reason of the excused default, delay or failure to perform.
10. The University makes no warranties of any kind, express or implied, pertaining to the
Services, and to the maximum extent permitted by law, disclaims all warranties and conditions,
either express or implied, pertaining to the Services.
11. To the maximum extent permitted by law, in no event shall University be liable for any
special, incidental, indirect, or consequential damages whatsoever, pertaining to the Services
(including, without limitation, damages for loss of business profits, business interruption, or any other
pecuniary loss, including legal fees), whether for a breach of contract, failure of essential purpose,
negligence or otherwise, even if the party has been advised of the possibility of such damages.
12. Neither party may use or make reference to the other party or any trade names, trademarks,
service marks, logos or other designations of the other party except to the extent and in the manner
which is expressly provided for in writing by the other party.
13. University reserves all rights with respect to the Services and materials provided by
University or the work -product developed by University in connection with the Services. Nothing
herein shall purport to grant or convey any interest or right to the University's services, materials or
work -product or grant any exclusivity with respect thereto.
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2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY:
ATTEST:
Cqfstal Gibson, City Clerk
Attest/Authenticated:
By:
3
CITY OF BOYNTON BEACH
By: 6 axt -
Lori Laverriere, City Manager
FLORIDA ATLANTIC UNIVERSITY
BOARD OF TRUSTEES,
on behalf of The John Scott
Dailey Florida Institute of Government
at Florida Atlantic University
Signature
Name
Title
Date
(Corporate Seal)