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R06-174 II 1 2 RESOLUTION NO. R06-17&.[ 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE AN AGREEMENT FOR 8 PROFESSIONAL SERVICES BETWEEN CITY OF 9 BOYNTON BEACH AND POLITICALLY CORRECT, 10 INC., PROVIDING PROFESSIONAL SERVICES FOR 11 THE SPECIFIC PROJECTS AND ACTIVITIES; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interests of the citizens and residents of 17 Ithe City of Boynton Beach, to enter into an agreement with Politically Correct, Inc., to 18 provide professional services for specific projects and activities as set forth on the Addendum 19 attached to the Agreement, and to authorize the City Manager and City Clerk to execute said 20 Agreement; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section I. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confirmed by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby authorize and direct the City Manager and City Clerk to execute an Agreement 27 between the City of Boynton Beach and Politically Correct, Inc., to provide professional 28 services for specific projects and activities as set forth on the Addendum to the Agreement, a 29 copy of which Agreement is attached hereto as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. 31 '\CA\RESO\AgreemenlsIPolitically Correcl1 00306,doc II PASSED AND ADOPTED this l day of October, 2006. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 24 25 S:\CA\RESOlAgreementsIPolitically Correct 1 a03Da.doc CITY OF BOYNTON BEACH, FLORIDA 1 J?~. Com11.1i ack G~ Commissioner - uir C. erguson t~C\\ (\i~\ ()~~~\ct ()~ ~vo'f...'S . C\\~\'{ (),s-," \l ~'. \ q (. co \>D {J\j ~,<J't ... AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND POLITICALLY 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 recolt'.mend 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 $31,500 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. Value of time devoted to government relations services shall not exceed $10,000 in any 12- month period without express approval of CITY. All services are provided on a time-as-needed basis and are not billed hourly. CITY acknowledges CONTRACTOR'S responsibility to report lobbying income to the State on a quarterly basis. A. 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 term of this contract shall be November 1, 2006, for one year, and shall automatically renew for subsequent one-year terms thereafter unless either party terminates the contract in writing within 60 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. 2 A TrEST: City Clerk POLITIC ALL Y CORRECT INC. Witnesses: .~/~& Dlbkj~d~tY Addendum to Agreement for Professional Services 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: Opening 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 and State of Florida, as well as private sector business interests, tourism and hospitality industry. 2. In cooperation with the City's federal lobby firm, develop strategy for Federal agency review and approval of feasibility. 3. Assist the City with public information and outreach for proposed inlet project. 4. Coordinate evaluation of economic and environmental impacts. 5. Coordinate RFP process, committee review of responses, and all actions necessary to complete feasibility study. 6. In cooperation with the City's state lobbying firm, identify and pursue next steps for future funding. 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 . Work with Palm Beach County on cooperative annexation and land use planning matters. 6. Develop five-year annexation plan for City Commission approval. Golf Course/Landfill Actions: 1. Provide staff assistance on the golf course/landfill environmental study. 2. Work with staff and DEP regarding public information and other administrative needs pursuant to DEP grants for Phase I, Phase II and feasibility studies for adaptive reuse and possible "exchange" of affordable housing units in an area inside the City limits. 4 Legislative Actions: 1. Provide assistance to City's state lobbying firm as needed. 2. Legislative issues and projects as assigned by the City Commission. 3. Annexation issues involving statutory changes - interaction with the Palm Beach County legislative delegation is necessary. Other Actions: 1. Assistance to the City Manager on roll-out and implementation of City strategic plan as prepared by the F AU visioning project (late October.) 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. ATrEST: ~'!n. ~ POLITICALLY CORRECT INC. Witnesses: f1~ .!#;b~ / , I D1b~ Politically Correct Contract 5