R06-174
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2 RESOLUTION NO. R06-17&.[
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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.
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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:
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Section I.
The foregoing "WHEREAS" clauses are true and correct and hereby
24 ratified and confirmed by the City Commission.
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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".
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Section 3.
This Resolution shall become effective immediately upon passage.
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'\CA\RESO\AgreemenlsIPolitically Correcl1 00306,doc
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PASSED AND ADOPTED this l day of October, 2006.
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19 ATTEST:
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S:\CA\RESOlAgreementsIPolitically Correct 1 a03Da.doc
CITY OF BOYNTON BEACH, FLORIDA
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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.
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A TrEST:
City Clerk
POLITIC ALL Y CORRECT INC.
Witnesses:
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Dlbkj~d~tY
Addendum to Agreement for Professional Services
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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.
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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:
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POLITICALLY CORRECT INC.
Witnesses:
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Politically Correct Contract
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