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R05-021 1 RESOLUTION NO. R05-0..'Z.J 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 6 MANAGER TO EXECUTE AGREEMENT FOR 7 PROFESSIONAL SERVICES BETWEEN THE CITY OF 8 BOYNTON BEACH AND U.S. STRATEGIES CORP., AT 9 AN ANNUAL COST OF $60,000.00; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be 15 in the best interests of the citizens and residents of the City of Boynton to enter into an 16 Agreement for Professiona] Services with U,S. Strategies Corp., to provide a means of better 17 securing funds, preserving funding authorizations of existing programs and to inform of Federal 18 programs, regulations or Jegislation that could impact the City of Boynton Beach. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section I, The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 authorize and direct the approval and execution by the City Manager of Agreement For 26 Professional Services between the City of Boynton Beach and U,S. Strategies Corp. in an 27 annual amount of $60,000,00, which is Agreement is attached hereto as Exhibit "A. 28 Section 3. This Resolution shall become effective immediately upon passage. 29 30 31 S:\CA\RESO\AgreemenIS\lobbyfsl us Strategies Corp.doc II I 1 2 PASSED AND ADOPTED this ~ day of February, 2005. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 ~mmission 16 ~c-: 17 18 Commissioner 19 20 21 ~t\ 22 23 24 25 S:ìCA\RESO\Agreements\Lobbyist us Strategies Corp,dO(: AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND U. S. STRATEGIES CORP The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of U,S. Strategies Corp" a Florida corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR is a firm duly qualified as experts 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. Scope of Services. CONTRACTOR shall act as a consultant, lobbyist and strategic planner to the City of Boynton Beach in the development and execution of a federal legislative agenda. Such services would include but not be limited to: · Issues research. CONTRACTOR offers its extensive experience and background in legislative research to advise as to appropriate action as requested by the commission and CONTRACTOR will provide periodic briefing to the City on emerging issues at the Federal Level that may have an impact on the City, · Issues strategies, CONTRACTOR will recommend strategies as requested to best address City issues and objectives and work closely with the City Manager and designated staff in researching current issues and providing background information, · Special projects identification and implementation. CONTRACTOR will assist the City Manager and City Commission in developing the city's legislative priorities, CONTRACTOR will work with staff to carry out issue objectives as identified by the City Commission, These issues may include such projects as working with Federal legislative and regulatory bodies for necessary approvals and funding for improvements to the Boynton Inlet, Boynton Beach Boulevard Promenade, Other activities include assistance on: Exploring the feasibility of wastewater and reclaimed water projects, developing a strategic plan in concert with Florida Atlantic University or other institutions for the further development of a Paleontology Museum, working to secure through grants or direct earmark funding to enhance the City of Boynton Beach Senior Center and working on inter-modal transportation opportunities to link Boynton Beach downtown area with other parts of the City and other communities, Additionally, CONTRACTOR will develop strategies and work to secure funding for programs and projects, which have been identified by the City as priorities, including proactive identification of new funding opportunities, Additionally, CONTRACTOR will work with the City's Grant team via the City Manager's Office to identify and evaluate Federal grant fund opportunities that may be beneficial and cost-effective for the City to pursue. . Legislative Lobbying Services, CONTRACTOR shall represent the City of Boynton Beach and the Boynton Beach City Commission before U,S, Congress and Federal agencies, CONTRACTOR will work with on Federal Grant Funding opportunities and strategies, preservation of Community Development Block Grant funding levels, opportunities for redevelopment funding via Small Business Administration, Housing and Urban Development or other Federal Agencies, Coordinate with the City's Congressional Delegation in gaining support for the city's federal agenda; assist in drafting appropriate correspondence, schedule briefings and meetings and identifying key federal contacts, B, PAYMENT: CONTRACTOR's compensation for General Services described in Part I above shall be $60.000 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 reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112,061, Florida Statutes. 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: D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in 2 -...-....- -. "_,~...u___~,~"",,,,,,,,~~,_~,""_",,''''''''··",,~'~·''~'''''·" ' . . ">._.""'_...~._·_..e,~....'".."'n···.' 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 March 1, 2005, until September 20, 2006, and shall automatically renew for subsequent one-year terms concurrent with the City's fiscal year of October 1 st through September 30th 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 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. CITY OF BOYNTON BEACH, FLORIDA ~J. ')' Kurt Bressner, . h CITY ATTORNEY Witnes~~s:/ '~ l ~ Strategie <- é'Ll . 'J ,.¿.~,( fCn ß~ ",...-- Name, Title # t/. ., V r./{:Þ/VJt,7U-iC I I'. . II¡ ~.tv.... USSL-. 3