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R04-180 II I 1 2 RESOLUTION NO. R04- I BO 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 THE MAYOR AND CITY CLERK TO EXECUTE AN 7 AGREEMENT FOR PROFESSIONAL SERVICES 8 I BETWEEN CITY OF BOYNTON BEACH AND 9 POLITICALLY CORRECT, INC., PROVIDING 10 I PROFESSIONAL SERVICES FOR THE 11 IMPLEMENT A TION OF THE CITY COMMISSION 12 I STRATEGIC PLAN; AND PROVIDING AN EFFECTIVE I 13 I DATE. 14 I I 15 16 WHEREAS, the City Commission of the City of Boynton Beach, upon 17 I recommendation of staff, deems it to be in the best interests of the citizens and residents of 18 the City of Boynton Beach, to enter into an agreement with Politically Correct, Inc., to 19 provide professional services for implementation of a portion of the City Commission 20 [strategic plan for the City, and to authorize the Mayor and City Clerk to execute said I 21 Agreement; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 I Section 2. The City Commission of the City of Boynton Beach, Florida does 28 i 29 ereby authorize and direct the Mayor and City Clerk to execute an agreement between the 30 City of Boynton Beach and Politically Correct, Inc., to provide professional services for 31 mplementation of a portion of the City Commission strategic plan for the City, a copy of 32 hich Agreement is attached hereto as Exhibit "A". 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 ·\CA\RESOìAgreements\Poiltically Correct 101904.doc Ii I \ I I II I 1 2 3 PASSED AND ADOPTED this ~ day of October, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 11 12 , , 13 I J 14 ¡ I 15 ~ i I 16 I . -.1 17 I 18 I II I 19 \ 20 21 ATTEST: 22 I 23 in. p~ 24 25 26 27 (CO~~l£, ~_~ '!-..:_ / -:_.~...J~_ ~:_- :~~_._ ~,,>-- j-:-t-~ '~ ' -g..··,d""·...--.-- --,>.<?:; I I I I I :\CA\RESOìAgreements\Politically Correct 101904.doc I I I I I 1 RoLl-ISO AGREEMENT FOR PROFESSIONAL SERVICES BE1WEEN THE CITY OF BOYNTON BEACH AND POLlTICALL Y CORRECT INC. The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of Politically Correct Inc., a Florida corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR is a duly qualified expert in the field of government relations. WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with special projects approved by the City Commission. PART I - SPECIAL PROVISIONS A. GOVERNMENT RELATIONS: PCI will take all actions necessary and appropriate to represent the CITY at the state and local levels with elected officials, agency and government staff, regarding pertinent issues and funding opportunities; · Issues research. PCI offers its extensive experience and background in legal research to advise as to appropriate action as requested by the commission; · Issues strategies. PCI will recommend strategies as requested to best address city issues and objectives; · Special projects implementation. PCI will work with staff to carry out issue objectives as identified by the commission. 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 assist the CITY with a new project or represent the CITY or otherwise advance the CITY's interests in an area not designated herein. C. PAYMENT: CONTRACTOR's compensation for General Services described in Part I above shall be $30,000 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 for Special Services at the rate of $45 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. D. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have Donna Brosemer, President of CONTRACTOR's firm, in the performance of CONTRACTOR'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, e-mail 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: Donna Brosemer Politically Correct Inc. PO Box 32726 Palm Beach Gardens, FL 33420 561-775-1072 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. 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, 2004, until October 31,2005, and can be renewed thereafter by addendum. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action of 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. 2 CITY OF BOYNTON BEACH, FLORIDA ATTEST: POLlTICALL Y CORRECT INC. Witnesses: - ·1:/t'-Þ ~¿Jð -..... ----/ ;~ l,jl,)e~<-CèA/ Donna Brosemer, President ~1 '£T tJ~ . {fff2/SSr fit . L EU '=- ~ -111 ~ . fit}f~OV~¡;' A¡~ IQ fOaM: ¡;~:~;£~/~ ¡. H,· Addendum to Agreement for Professional Services Between the City of Boynton Beach and 3 Addendum to Agreement for Professional Services Between the City of Boynton Beach and Politically Correct Inc. Date In addition to scope of work identified in Part I Special Provisions, Paragraph A, General Services, the CONTRACTOR agrees to assist the CITY in the following specific projects and activities: OpeninQ of Bovnton Inlet Actions: 1. Get key stakeholders to explore this opportunity. This would include Ocean Ridge, Hypoluxo, Manalapan, Palm Beach County, Florida Inland Navigation District, South Florida Water Management District, State of Florida and any others identified through the process, including private sector business interests, tourism and hospitality. 2. In cooperation with the City's state lobby firm, obtain legislative approval for FDOT Feasibility Study. 3. In cooperation with the City's federal lobby firm, develop strategy for Federal agency review and approval of feasibility. 4. Assist the City with public information and outreach for proposed inlet project. 5. Coordinate evaluation of economic and environmental impacts. 6. Assist the City in coordination of feasibility study by FDOT, Army Corps of Engineers or other agency. (KB -- this is just coordination work to keep the study moving) 7. Assist the City and other agencies in formulation of design plans for the inlet opening. (again, the actual design schemes would be done by others, your work would be to keep the project moving and to facilitate review by outside agencies.) Annexation Actions: 1. Meet with City and County Planning/Zoning staff to determine what areas can be annexed without creating enclaves. 2. Determine feasibility of residents agreeing to be annexed. Prepare pros and cons to being a City resident. Prepare cost to residents to be annexed. 3. Present findings to the City Commission for direction. 4. Inventory of current conditions, public safety, utility-related services, which will playa major influence. 5. Annexation issues involving statutory changes - interaction with the Palm Beach County legislative delegation as necessary. 6. Work with Palm Beach County on cooperative annexation and land use planning matters. 7. Coordinate the City's annexation work with the Palm Beach County Intergovernmental Coordination Program 4 Schools 1. Engage business associates (e.g. Chamber of Commerce), major employers and homeowners associations in community partnership program to provide improved educational opportunities and resources. 2. Work with city staff to engage the Educational Advisory Board to help develop: a. Mentoring Programs in the community involving citizen volunteers and City staff b. Link after-school tutorial needs with programs. c. Support to School District on financial initiatives related to Boynton Beach schools. d. Communicate the "good news" about education in the City to counter-act negative publicity, which adversely impacts the City's image. e. Conduct "Principal Roundtable" meetings possibly engaging the City Commission in discussions. f. Conduct similar roundtable discussions with school SAC's g. Develop linkages with charter schools h. Develop linkages with allied City advisory boards on educational support issues and initiatives (Library Board, Advisory Board on Children and Youth and Community Relations Board.) The CONTRACTOR and the City Manager will jointly be responsible for providing a quarterly progress report to the City Commission. The CONTRACTOR agrees that the scope of services shall include representation of the CITY with Palm Beach County government agencies and offices. ATTEST: CI:r2~CH' FLORIDA Kurt Bressner, City Manager POLlTICALL Y CORRECT INC. Witnesses: /Î ~ M'ru~~ ... Donna Brosemer, President Politically Correct Contract 5