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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 America's Gateway to the Gulfstream