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R09-137 II 1 2 RESOLUTION NO. R09- /37 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 SPECIAL TEAMS LLC., FOR 10 COMPLETION OF ANNEXATION PROJECT AND FOR 11 OTHER 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 the 17 City of Boynton Beach, to enter into an agreement with Special Teams LLC., to provide 18 professional services for the annexation program using the Interlocal Service Boundary 19 Agreement (ISBA) and other specific projects and activities as set forth on the Agreement for 20 Professional Services between the City of Boynton Beach and Special Teams, LLC., and to 21 authorize the City Manager and City Clerk to execute said Agreement; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the City Manager and City Clerk to execute an Agreement 28 between the City of Boynton Beach and Special Teams LLC., to provide professional services 29 for specific projects and activities as set forth on the Agreement for Professional Services 30 between the City of Boynton Beach and Special Teams, LLC., a copy of which Agreement is 31 attached hereto as Exhibit "A". 32 Section 3. This Resolution shall become effective immediately upon passage. S.ICA\RESO\Agreemenls\Pohtlcally Correct 100306,doc II , 1 "!:IL. 2 PASSED AND ADOPTED this ~ day of September, 2009. 3 4 5 6 7 8 9 10 11 12 13 Commissioner - Ronald Weiland 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 26 27 28 29 30 (C S:\CAIRESO\AgreementsIPolitically Correct 100306.doc Ro9-t37 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND SPECIAL TEAMS LLC The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of Special Teams LLC, 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 1- SPECIAL PROVISIONS A. GOVERNMENT RELATIONS: CONTRACTOR 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. CONTRACTOR offers its extensive experience and background in legal research to advise as to appropriate action as requested by the commission; . Issues strategies. CONTRACTOR will recommend strategies as requested to best address city issues and objectives; . Special projects implementation. CONTRACTOR will work with staff to carry out issue objectives as identified by the commission. B. ANNEXATION On June 2, 2009 the Boynton Beach City Commission directed the negotiation and development of an Interlocal Service Boundary Agreement (ISBA) with Palm Beach County. Special Teams will: X I Work with City and County staff to identify ISBA boundaries; X I Establish priorities, time lines and workplan; X Meet with stakeholders to identify and, if possible, resolve issues proactively to facilitate future action; X l Develop communications strategies between the City and other governments, as well as between the City, residents and local businesses; X Develop appropriate annexation strategies as permitted by statute and directed by the Boynton Beach City Commission; and X I Any and all other duties that arise through the development and implementation of the ISBA process. This project is anticipated to take approximately one year for the development of the ISBA. Timeline for implementation will be at the discretion of the Boynton Beach City Commission. C. EDUCATION ADVISORY BOARD AND TASK FORCE The Boynton Beach City Commission has identified the creation of an education advisory board as a priority aimed at reducing crime, delinquency and drop-out rates at local schools. Special Teams will: 1 Work with Palm Beach County School District and local school staffs to identify the areas of greatest need and the ways in which the City may best assist the District; 'I Work with Boynton Beach elected officials and staff to identify those whose skills would best address the goals and objectives of the advisory board; I Coordinate and facilitate the establishment of the advisory board, including invitations to prospective members, meeting schedules and arrangements, and initial meeting organization; I Establish regular communications with both the City and the Palm Beach County School District to report on the advisory board's progress, challenges and recommendations. This advisory board is not a terminal project; its goals and objectives are likely to be on-going. Special Teams' role at this time is organizational. D ECONOMIC DEVELOPMENT The Boynton Beach City Commission identified as a priority the establishment of a city Economic Development Team to preserve light industrial land and attract businesses to offer new jobs. The team's goals have been outlined by the Commission as: I Responsible for creating proactive strategies, policies and programs that would stimulate economic development through business expansion, retention and recruitment of value- added employment opportunities; I Able to perform the inventory of vacant light industrial/commercial properties, as recommended by staff in the previous recommendation; I working with outside agencies such as the PBC Business Development Board, Economic Development Research Institute and the County Economic Development Department to assess the most appropriate industry/commercial clusters for the City (new and existing) and create criteria for analysis of potential land use. Once identified, a strategy would be formulated to identify and pursue the desirable business clusters. Special Teams will: I Work with city elected officials and staff to identify appropriate participants from both inside and outside City government; I Coordinate and facilitate the establishment of the economic development team, including invitations to prospective members, meeting schedules and arrangements, and initial meeting organization; l Establish regular communications with the City and other participants to report on the advisory board's progress, challenges and recommendations. This team is not a terminal project; its goals and objectives are likely to be on-going. Special Teams' role at this time is organizational. 2 E. PROJECT FOLLOW-UP X Facilitation of the Boynton Inlet project with Palm Beach County; X Government relations assistance as needed. Other provisions The CITY of Boynton Beach will cooperate fully by providing all necessary staff time, and data and fiscal analysis as needed, and disclosing all material facts which will assist in providing the requested services. Regular activity reports will be submitted to the CITY of Boynton Beach by Special Teams in either written or oral form. This agreement becomes effective upon receipt of payment. Special Teams neither promises nor warrants any particular outcome or result in this matter. The projects described herein may require more than one calendar year to complete. 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 112061, 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: 3 CITY: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 561-742-6010 CONTRACTOR: Donna Brosemer Special Teams LLC 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 from November 1, 2009, until October 31, 2010. Cancellation of this contract may be by either party in writing per Paragraph C with 90 days notice. 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. WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF B YNTON BEACH, FLORIDA - - SPECIAL TEAMS LLC Witnesses: D~B~nt ~i-~nj~:e 4 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org September 16, 2009 Ms. Donna Brosemer Special Teams LLC PO Box 32726 Palm Beach Gardens, FL 33420 Re: Resolution R09-137 Agreement for Professional Services Dear Ms. Brosemer: Attached is the agreement and resolution mentioned above that was approved by the City Commission at their regular meeting held on September 14, 2009. Once the agreement has been signed, please return the original to the City Clerk's Office for further handling. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH Ltn. p~ et M. Prainito, CMC City Clerk Attachment tis s: \ cc \ WP\AFTER COMMISSION \ Other Transmittal Letters After Commission \2009 \R09-136 Special Team LLC.doc America's Gateway to the Gu~fstream