R13-107 it
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RESOLUTION NO. R13- /41
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING A PROFESSIONAL AGREEMENT BETWEEN THE CITY
6 ; OF BOYNTON BEACH AND BALLARD PARTNERS, INC., FOR
7 APPROPRIATION LOBBYIST SERVICES IN AN ANNUAL AMOUNT
8 OF $50,000.00 PLUS EXPENSES; AUTHORIZING THE CITY MANAGER
9 TO EXECUTE THE PROFESSIONAL AGREEMENT; AND PROVIDING
10 AN EFFECTIVE DATE.
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13 WHEREAS, on August 27, 2013, Procurement Services received and opened five (5)
14 proposals in response to the RFP for "Appropriation Lobbyist Services;" and
15 WHEREAS, the proposals were reviewed and evaluated by an Evaluation Committee
16 each ranking the proposals accordingly with Ballard Partners, Inc., of Tallahassee, FL, the
17 highest ranked firm in the annual amount of $50,000, plus expenses; and
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be
19 in the best interests of the citizens and residents of the City of Boynton to enter into an
20 Professional Agreement with Ballard Partners, Inc., for Appropriation Lobbyist Services.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
27 approve and authorize the City Manager to execute a Professional Agreement for Lobbyist
28 Services between the City of Boynton Beach and Ballard Partners, Inc., of Tallahassee, FL, in
29 the annual amount of $50,000.00 plus expenses, a copy of the Professional Agreement is
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1 attached hereto as Exhibit "A.
2 Section 3. This Resolution shall become effective immediately upon passage.
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4 PASSED AND ADOPTED this / day of October, 2013.
5 CITY OF BOYNTON BEACH, FLORIDA
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8 M yor — Je Tay 1
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12 • e - Mayor — Woodro • . y
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16 Commissi• er — Davi. . Merker
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20 Commissioner — Michael M itzpatrick
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24 Commissioner — Joe Casello
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26 ATTEST:
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29 ei • yn .
30 anet . Prainito, MMC
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36 orkt Seal)
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PROFESSIONAL AGREEMENT R13
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and Ballard Partners, Inc. of Tallahassee, FL hereinafter referred to as
"Firm ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1 PROJECT DESIGNATION. The Firm is retained by the City to perform professional
services in connection with the RFP FOR APPROPRIATION LOBBYIST SERVICES; RFP
No. 075 - 1210 -13 /JMA.
2 SCOPE OF SERVICES Firm agrees to perform the services, identified in Section II —
Scope of Services of RFP No. 075 - 1210 -13 /JMA and attached hereto as Exhibit A
3 TERM This Agreement shall be for a period of one year commencing October 1, 2013 and
ending on September 30, 2014. The City of Boynton Beach may extend the contract with
the same terms and conditions for three (3) one -year terms subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the
City
4 PAYMENT The Firm shall be paid by the Provider /City for completed work and for services
rendered under this agreement as follows, not to exceed $50,000.00 + expenses,
annually.
a The total contract price, as referred to herein, shall be the total amount of payment to
Firm for services provided under this agreement for the entire term of the Agreement
b Payment for the work provided by Firm shall be made promptly on all invoices submitted
to the City properly, provided that the total amount of payment to Firm shall not exceed the
total contract price without express written modification of the Agreement signed by the City
Manager or his designee
c The Firm may submit invoices to the City once per month during the progress of the work
for partial payment for project completed to date Such invoices will be reviewed by the
City, and upon approval thereof, payment will be made to the Firm in the amount approved
d. Final payment of any balance due the Firm of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City
e Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f The Firm's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request
5 OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and
other materials produced by the Firm in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not The Firm shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Firm's
endeavors
6 COMPLIANCE WITH LAWS. Firm shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement
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7 INDEMNIFICATION. Firm shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Firm's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Firm.
8 INSURANCE. The Firm shall secure and maintain in force throughout the duration of this
contract professional liability insurance in the amount of $1,000,000 per occurrence to 2
million aggregate with defense costs in addition to limits
Said professional liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City Certificates of coverage as required by
this section shall be delivered to the City within fifteen (15) days of execution of this
agreement
9 INDEPENDENT CONTRACTOR The Firm and the City agree that the Firm is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto Neither Firm nor any employee of Firm shall be
entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Firm, or any
employee of Firm
10 COVENANT AGAINST CONTINGENT FEES. The Firm warrants that he has not employed
or retained any company or person, other than a bona fide employee working solely for the
Firm, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Firm, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee
11 DISCRIMINATION PROHIBITED. The Firm, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies
12 ASSIGNMENT. The Firm shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City
13 NON - WAIVER Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision
14 TERMINATION
a The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Firm
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b In the event of the death of a member, partner or officer of the Firm, or any of its
supervisory personnel assigned to the project, the surviving members of the Firm
hereby agree to complete the work under the terms of this Agreement, if requested to
do so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Firm and the City, if the City so chooses
15 DISPUTES Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law
16 NOTICES Notices to the City of Boynton Beach shall be sent to the following address
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Attn. Lori LaVerriere, City Manager
Notices to the Firm shall be sent to the following address.
Ballard Partners, Inc.
403 East Park Avenue
Tallahassee, FL 32301
Attn Brian D Ballard, President
17. PUBLIC RECORDS LAW The City of Boynton Beach is a public agency subject to
Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records
Law Effective July 1, 2013, Section 119 071, Fla Stat , the contractor shall:
a Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service,
b Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided
in chapter 119, Fla. Stat., or as otherwise provided by law,
c Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
d Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt All
records stored electronically must be provided to the City in a format that is compatible
with the information technology of the agency
Failure of the contractor to comply with the provisions set forth in this section shall constitute a
Default and Breach of the Agreement with the City
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18 INTEGRATED AGREEMENT. This agreement, together with attachments or addenda
represents the entire and integrated agreement between the City and the Firm and supersedes
all prior negotiations, representations, or agreements written or oral. This agreement may be
amended only by written instrument signed by both City and Firm
DATED this day of , 2013
CITY OF BOYNTON BEACH
City Manager Ballard Partners, Inc.
Attest /Authenticated
Title
(Corporate Seal)
City Clerk
Approved as to Form Attest /Authenticated
Office of the City Attorney Secretary
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EXHIBIT A
SCOPE OF SERVICES
Section II — SCOPE OF SERVICES
INTRODUCTION
The City of Boynton Beach, Florida, located in Palm Beach County, sits on the Atlantic coastline
about 15 miles south of West Palm Beach, 32 miles north of Fort Lauderdale, and 63 miles
north of Miami With a population of approximately 68,000 Boynton Beach is the third (3
largest city in Palm Beach County. Boynton Beach's central location provides easy access to
several airports, passenger rail, and a multitude of museums, theaters, and outdoor
recreational attractions Boynton's Oceanfront Park Beach offers a variety of swimming,
picnicking, and fishing opportunities. Other local attractions include the Schoolhouse Children's
Museum, Boynton Beach Mall, Mangrove Nature Park, several intracoastal water front parks
including boat and kayak launches, and the only public working Marina in the Palm Beach
County The City is the home to the United Way, the Children's Services of PBC, the Literacy
Coalition, and has an independent Community Redevelopment Agency for the revitalization of
the downtown area
The Commission- Manager form of government governs Boynton Beach Voters elect a mayor
and four commissioners who meet twice monthly to set forth City policy The Commission
appoints a City Manager to oversee the day -to -day operations of the City. The Mayor may live
anywhere within the City limits, but is required to reside in the City for a least a year before
seeking office Commissioners must live within the district they represent and are elected by the
voters within that district They also are required to live within the district they plan to represent
for at least a year before seeking office
A. SCOPE OF SERVICES
The City of Boynton Beach seeks the services of a qualified firm(s) to assist the City in the
following
1 Acquisition of funds from non - profit organizations and public entities to enhance the
City's service delivery The required services include, but are not limited to, the
following,
a Develop a timeline, concentration on both short term and long term strategies,
pertaining to the funding of chosen projects Work with City staff regarding the
political and financial feasibility of funding identified projects and provide advice
and assistance on the type of projects that are likely to be successfully funded
b Work with other organizations (both public and private) to help obtain funding for
selected projects, and have the ability to effectively communicate, both orally and
in writing, the necessity, benefits, and merits of funding the chosen projects for
the City and its residents
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c Meet with members of the local, state and federal legislative delegations and
their staffs to discuss the City's needs, overall benefits, and merits of the chosen
projects
2 Advise and advocate for the City on legislative and policy matters The required
services include, but are not limited to, the following.
a Provide legislative expertise and consulting services
b Review and monitor on a continuing basis all existing and proposed federal,
state and local policies, programs, and legislation affecting the City of Boynton
Beach in an efficient and accurate manner Identify those issues that may affect
the City and its residents, and regularly inform the City as to such matters, both
orally and in writing
c Prepare materials to be presented to legislators and agencies
d Appear before and provide expert testimony at legislative hearings, as required,
to promote, oppose, and seek passage of legislation or rules affecting the City or
its citizens
e. Maintain excellent work relationships with federal, state and local elected officials
and their staffs.
f Meet with members of the local, state and federal legislative delegations and
their staffs to explain the effects, merits, and consequences of proposed
legislation on the City
g Advise the city on proposed and actual changes in laws, especially any changes
that would affect the City's ability to collect revenues or would cause undue
burdens on the City's resources
h Attend City Council meetings and other scheduled City meetings as requested,
with reasonable advance notice.
i Complete in a timely fashion, all forms and reports required of lobbyists by the
federal government and other relevant local, state and federal jurisdictions.
Services should include but not be limited to
• Strategy design and implementation,
• Advising and consulting clients on legislative strategies and developing issues
• Provide research and timely written and oral information
• Monitor existing and proposed laws and regulations that affect the interests and
priorities of the City
• Proactively recommend and develop legislative positions for proposed laws and
regulations that affect the interests and priorities of the City
• Develop a list of current or predicted legislation to either oppose or support on behalf of
the City, as well as funding targets and essential Federal and Florida programs that
must be protected
• Constantly monitor the introduction and progress of proposed laws and regulations and
provide analysis on the potential effects for the City.
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• Assist in developing the City's stance and contact the relevant Legislators on the City's
behalf to ensure they are aware of the City's position on significant legislation.
• Assistance with obtaining appropriations for City projects and /or programs to be
determined as part of an annual legislative strategy
• Propose and develop opportunities that will access funding at the policy making level.
• Arrange meetings for the City elected officials and personnel with legislative members
and staff Provide logistical support and attend those meetings when necessary
• Representing the City's objectives and review of all pertinent pending legislation and
regulations including all committee meetings, hearings and conferences.
• Identifying strategic interest alliances and coordinating interest groups.
• Drafting legislation and amendments to file bills.
• Building and maintaining close relationships and alliances with legislative delegations
• Engage in advocacy as needed and /or requested, to promote the City's position on
priority issues, including appropriate interest groups, the Florida League of Cities, US
Conference of Mayors and the National League of Cities.
• Advising on public affairs, consensus building and grassroots advocacy
• Advising on the impacts of change in relevant laws
• Assisting in all aspects of developing and executing government business
• Engaging in other traditional lobbying activities
Experience should demonstrate:
• Knowledge about the legislative process at the local, state, and federal level;
• Previous public relations /lobbying experience and a network of contacts and
policymakers,
• Strong communication skills to reinforce the clients' position on the issues at hand,
• The ability to respond to regulatory inquiries and testifying at public hearings,
• Good judgment and the ability to take the initiative;
• The ability to manage high levels of stress and meet critical deadlines
B. WORK PRODUCTS REQUIRED
The successful Proposer shall provide the City with, at the minimum, monthly progress reports
regarding funding and legislative issues The subject reports shall inform and advise the City
regarding any proposed and /or actual changes in laws, with particular emphasis on changes
which might result in "unfunded mandates" or negatively impact the City's "home rule powers ".
The successful Proposer shall also keep the City informed as to local, state and federal funding
progress during the month as is deemed necessary by the City Manager
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