R00-157 RESOLUTION NO. R00- i 5'/
A .RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY OF BOYNTON BEACH AND SMITH
BALLARD & LOGAN, P.A., PROVIDING LEGISLATIVE
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the citizens and residents of
the City of Boynton Beach, to enter into an agreement with Smith, Ballard & Logan, P.A., to
provide legislative services for the City, and to authorize the Mayor and City Clerk to execute
said Agreement; )
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commis~,
hereby authorize and direct the Mayor am
City of Boynton Beach and Smith, Ballar,
the City, a copy of which Agreement is atl
Section 2. This Resolution sh~
PASSED AND ADOPTED this
ion of the City of Boynton Beach, Florida does
d City Clerk to execute an agreement between the
& Logan, P.A., to provide legislative services for
.ched hereto as Exhibit "A".
11 become effective immediately upon passage.
~ day of November, 2000.
Vice Mayor
Commissioner
PASSED AND ADOPTED this
day of November 2000.
Vice Mayor "'"'
Commissioner
ATTEST:
~ ..,,,,¢!""'~"~, .
III s:ca~reso~agre&N~'~nt~~..,..N,, - - ~ --'~f~UI Officer
IIIJlllttt~
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF BOYNTON BEACH AND
SMITH, BALLARD & LOGAN, P.A.
The following is an Agreement between the City of Boynton Beach, hereinafter referred to
as "CITY," and the fn'm of Smith, Ballard & Logan, P.A., a Florida corporation, hereinafter referred
to as "CONTRACTOR."
WHEREAS, CONTRACTOR has duly qualified experts in the field of comprehensive
legislative and administrative legal practice; and
WHEREAS, in the judgment of the Council Members of the City of Boynton Beach, it is
necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with
representation before the Florida State Legislature, the Governor, Cabinet, State agencies, and other
public bodies of the State.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
PART I - SPECIAL PROVISIONS
A. GENERAL SERVICES: CONTRACTOR shall consult and advise, as requested,
on all proposed legislation before the Florida Senate and House o fRepresentatives in regular session,
special session or committee of the Florida House and Senate, and regulatory or funding matters
before the Governor, Cabinet, State agencies, or other public bodies of the State on an "as needed"
basis, including, but not limited to:
1. Assisting CITY in the development of strategies to deal with the governmental
agencies that regulate and fund municipal programs such as infrastructure, transportation, land use,
environmental and housing programs;
process; and
Advocating CITY interests during the Florida legislative or regulatory
3. Providing the CITY with regular reports during the regular session and special
session, and a summary of all pertinent legislative changes at the end of the regular session and any
special session.
B. SPECIAL SERVICES: The CITY may from time to time request that
CONTRACTOR perform special services related to specific projects that affect the operation of the
CITY. For example, CONTRACTOR may be called upon to review the CITY's charter and suggest
modifications, assist the CITY in the annexation of appropriate lands, represent the CITY in judicial '
or administrative litigation~ or otherwise advance the CITY's interests.
B. PAYMENT: CONTRACTOR' S compensation for General Services described in Part
I above shall be $40,000 per year. A monthly fee invoice shall be submitted by CONTRACTOR
at the first of each month representing 1/12 of the annual fee. The CITY shall compensate
CONTRACTOR shall compensate CONTRACTOR for Special Services at the rate of$195 per hour,
plus costs. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the
CITY, subject to the limitations and requirements of Section 112.061, Florida Statutes.
C. FEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have
rian Ballard, Managing Partner of CONTRACTOR'S firm, in the performance of
ONTRACTOR'S duties hereunder, and has relied on that representation as an inducement to
entering into this Agreement.
PART II - GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION: Neither party hereto shall assign or
delegate any interest in or duty under this Agreement without written consent to the other,' and no
assignment shall be of any force or effect whatsoever unless and until the other party shall have so
consented.
B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in
performing the services hereinafter specified, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. CONTRACTOR is not to be
considered an agent or employee of CITY and is not entitled to participate in any pension plan,
insurance, bonus, or similar benefits CITY provides its employees.
C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND
MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
CITY:
Kurt Bressner
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
(561)742-6010
CONTRACTOR:
Brian Ballard
Smith, Ballard & Logan, P.A.
403 East Park Avenue
Tallahassee, FL 32301
(850) 577-0444
D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable
federal, state, and local laws, rules, and regulations in regard to non-discriminations in employment
because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition,
or physical or mental disability.
2
E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest
laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112,
Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of
said laws.
F. TERM OF AGREEMENT: The first term of this contract shall be from November
1, 2000, until October 31, 2001, and shall automatically renew for subsequent one-year terms
thereafter unless either party terminates the contract in writing within 30 days before the renewal
date of the contract.
G. JURISDICTION: This Agreement and performance hereunder and all suits and
special proceedings hereunder shall be construed in ac, cordance with the laws of the State of Florida.
In any action, special proceeding or other proceeding that may be brougt3t arising out of, in
connection with, or by reason of this Agreement, the laws of the State of Flori4a shall be apphcable
and shall govern to the exclusion of the law of any other forum, without regard to the jm2isdiction
in which the action or special proceeding may be instituted.
H. VENUE: Any and all legal action necessary to enforce this Agreement will be held
in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Ci~ Clerk
Wimesses:
Kurt Bressner, City Manager
ARD& LO~AN, P.A.
The City of
OFFICE OF THE CITY MANAGER
l O0 E. Bo~nto~ Beack Bouleuard
P.O. Box 3i 0
Bogntor~ Beach, Flodd~ 33425-0310
C~g ManageFs Office: (561 742-6010
FAX: ($62 742-6011
Addendum to Agreement for Professional Services between the City of
Boynton Beach and Smith, Ballard & Logan, P.A.
November 14, 2000
In addition to scope of ~vork identified in Part I Special Provisions, paragraph A, General
Services, the CONTRACTOR agrees to assist the CITY in the following specific projects
and activities:
1. Regulatory issues and permit matters pertaining to Intracoastal and Boat Club Park.
There are some environmentally sensitive areas on the parcel that r
2. Funding for Library expansion work - special legislative approval
3. Funding for Senior Citizen Facility Improvements - special legisla
needed.
4. Annexation issues involving statutory changes - interaction with t~ e Palm Beach
County legislative delegation is necessary.
5. State DEP Licensing and regulations relating to our water, wastew;
systems.
6. Work with Palm Beach County on cooperative annexation and land use planning
matters.
7. Funding for County improvements for Seacrest Con'idor and other areas of mutual
conceiTl.
8. Permits for construction projects issued through state agencies.
9. Work with the FEC Raikoad on access and permit issues involving crossings.
10. Legislative Tracking and alerting to supplement the Florida League and Palm Beach
County League of Cities reports.
11. Assistance to City and facilitating meetings with state legislators and state agency
personnel in Tallahassee and at regional ~ffices.L
12. Cooperative economic development activities with County and State including
possible Foreign Trade Zone stares for Quantum Park.
lust be dealt with.
s needed.
ive approval is
ter and stormwater
The CONTRACTOR and the City Manager of the CITY will jointly be responsible for
providing a progress report to the City Commission of the CITY in JanCary, March, May
and September, 2001.
The CONTRACTOR agrees that the scope of services shall include repkesentafion of the
CITY with Palm Beach County government agencies and offices.
ATTEST
___ ~ .~_~, C t
Kurt Bressner, City Manager
".; -/ 'Wit¢cess~s:
SMITH, BALLARD & LOGAN, P.A.
By: ~
Bria'n'~. B~llard, Mam(ging Partner
Page 2
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