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RESOLUTION NO. R21-136
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
A FIVE (5) YEAR AGREEMENT WITH BALLARD PARTNERS, INC.
OF TALLAHASSEE, FL FOR APPROPRIATIONS LOBBYIST
SERVICES FOR THE CITY OF BOYNTON BEACH WITH AN
ESTIMATED ANNUAL AMOUNT OF $60,000 PLUS EXPENSES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as State funding continues to shrink and unfunded mandates increase, it is
imperative that the City have an active legislative program; and
WHEREAS, Ballard Partners, Inc. will assist the City in developing a legislative agenda
and engage in advocacy as needed and/or requested to promote the City's position on priority
issues; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
approve and Authorize the City Manager to sign a five (5) year agreement with Ballard Partners,
Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton Beach with
an estimated annual amount of $60,000 plus expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves and authorizes the City Manager to sign a five (5) year agreement with Ballard
Partners, Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton
S:\CA\RESO\Agreements\Ballard Partners Agreement (Lobbyist) - Reso.docx
28 Beach with an estimated annual amount of $60,000 plus expenses. A copy of the Agreement
29 is attached hereto and incorporated herein as Exhibit "A".
30 Section 3. That this Resolution shall become effective immediately.
31 PASSED AND ADOPTED this 5th day of October, 2021.
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CITY OF BOYNTON BEACH, FLORIDA
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YES NO
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Mayor - Steven B. Grant
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Vice Mayor - Woodrow L. Hay
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Commissioner - Justin Katz
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Commissioner - Christina L. Romelus
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Commissioner - Ty Penserga
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VOTE
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ATTEST:
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C tal Gibson, MMC
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City Clerk
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(Corporate Seal)
SXA\RESO\Agreements\Ballard Partners Agreement (Lobbyist) - Reso.docx
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R21-136
PROFESSIONAL SERVICES AGREEMENT FOR
APPROPRIATION LOBBYIST SERVICES
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a
municipal corporation organized and existing under the laws of Florida, with a business address of 100
East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as CITY", BALLARD PARTNERS
INC. a corporation authorized to do business in the State of Florida, with a business address of 201 East
Park Avenue, 51' Floor, Tallahassee FL 34301, hereinafter referred to as "CONSULTANT". In
consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set
forth below.
WHEREAS, the CITY determined that CONSULTANT is qualified for appointment to perform the
scope of services set forth in Exhibit A; and
WHEREAS, the City Commission on October 5, 2021, determined that CONSULTANT is qualified
for appointment to perform the scope of services; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT hereby agrees to perform the Appropriation Lobbyist services, as more
particularly described in the scope of services, attached hereto as Exhibit "A" and by this
reference made a part hereof.
1.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and
as may be required in the performance of this Agreement, except as otherwise specifically
provided for herein, and all work performed under this Agreement shall be done in a
professional manner.
1.3 CONSULTANT assumes professional and technical responsibility for the performance of
its services to be provided hereunder in accordance with recognized professional and
ethical guidelines established by their profession. If within one year following completion
of its services, such services fail to meet the aforesaid standards, and the CITY promptly
advises CONSULTANT thereof in writing, CONSULTANT agrees to re -perform such
deficient services without charge to the CITY.
1.4 The relationship between CITY and CONSULTANT created hereunder and the services
to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY
shall be free to pursue and engage similar relationships with other contractors to perform
the same or similar services performed by CONSULTANT hereunder, so long as no other
consultant shall be engaged to perform the specific project(s) assigned to CONSULTANT
while CONSULTANT is so engaged without first terminating such assignment.
CONSULTANT shall be free to pursue relationships with other parties to perform the same
or similar services, whether or not such relationships are for services to be performed
within the CITY, so long as no such relationship shall result in a conflict of interest, ethical
or otherwise, with the CITY's interests in the services provided by CONSULTANT
hereunder.
1.5 CONSULTANT shall not utilize the services of any sub -consultant without the prior written
approval of CITY.
1.6 The CITY's Representative during the performance of this Agreement shall be:
Mara Frederiksen
Director of Financial Services
100 East Ocean Avenue
Boynton Beach, FL 33435
561-742-6312
FrederiksenW: .
1.7 The CONSULTANT'S Representative during the performance of the Agreement shall be:
Mat Forrest
Ballard Partners, Inc.
201 East Park Avenue, 51h Floor,
Tallahassee FL 34301
561-253-3232
ivwat0ttallardpa, .
ARTICLE 2 - TERM
2.1 The initial Agreement period shall be for an initial term of five (5) years, commencing on
October 1, 2021. The CITY reserves the right to renewthe Agreement for two (2) additional
one (1) year periods, under the same terms, conditions. The services to be performed
during the initial five (5) year term will be governed by this Agreement, and that there is
no guarantee of future work being given to the Consultant.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one -hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed
for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
ARTICLE 3 - TIME OF PERFORMANCE
3.1 Work under this Agreement shall commence upon the giving of written notice by the CITY
to the CONSULTANT by way of a purchase order. CONSULTANT shall perform all
services and provide all work products required pursuant to this Agreement within the time
period set forth herein unless otherwise agreed to in the purchase order.
ARTICLE 4 - PAYMENT
4.1 The CONSULT ANT shall be paid $60,000 plus expenses annually by the CITY for
completed work and for services rendered under this agreement as follows:
A. Payment for the work provided by the CONSULTANT shall be made promptly on
all invoices submitted to the CITY properly.
B. The CONSULTANT may submit invoices to the CITY during the progress of the
contract term. Invoices shall include information such as the date(s) of service,
type of service(s) performed, length of time spent, the level/status of the employee
performing the task if relevant, all applicable fees and costs, an adequate
description for all fees and costs, and any other information reasonably required
by CITY. Such invoices will be reviewed by the CITY, and upon approval thereof,
payment will be made to the CONSULTANT in the amount approved.
C. Final payment of any balance due to the CONSULTANT of the total 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.
D. The 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.
E. The Professional'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.
F. All payments shall be governed by the Local Government Prompt Payment Act, as
set forth in Part VII, Chapter 218, Florida Statutes.
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all documents,
drawings, specifications, and other materials produced by the CONSULTANT 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. Notwithstanding the
foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other
design copies, including reproducible copies, of drawings and specifications for
information, reference, and use in connection with CONSULTANT's endeavors. Any use
of the documents for purposes other than as originally intended by this Agreement, without
the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability
to CONSULTANT and CONSULTANT'S sub -CONSULTANTS.
ARTICLE 6 - FUNDJJG
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement and is subject to termination based on lack of funding.
ARTICLE 7 - WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified professionals to all assigned projects during the term of this Agreement.
CONSULTANT's services shall meet a standard of care for [service description]. In
submitting its response to the RFP, CONSULTANT has represented to CITY that certain
individuals employed by CONSULTANT shall provide services to CITY pursuant to this
I Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall
not change the designated Project Manager for any project without the advance written
approval of the CITY, which consent may be withheld in the sole and absolute discretion
of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this Service 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.
ARTICLE 9 - INDEMNIFICATION
9.1 The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees,
agents, and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the CITY or its officers, employees, agents, or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to and resulting from the
performance of this Agreement by the CONSULTANT, its employees, agents, partners,
principals or subcontractors. The CONSULTANT shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither
party to this Agreement shall be liable to any third party claiming directly or through the
other respective party, for any special, incidental, indirect, or consequential damages of
any kind, including but not limited to lost profits or use that may result from this Agreement
or out of the services or goods furnished hereunder.
9.2 The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force
and effect as to the party's responsibility to indemnify.
9.3 Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or §768.28, Fla. Stat., as may be amended from time
to time.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance policies, and provide originals or certified copies of all
policies to CITY's Director of Human Resources and Risk Management. All policies shall
be written by an insurance company authorized to do business in Florida. CONSULTANT
shall be required to obtain all applicable insurance coverage, as indicated below, prior to
commencing any service pursuant to this Agreement:
A. Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Agreement, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub -CONSULTANT that does
not have their own Worker's Compensation and Employer's Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
B. Comprehensive General Liability: The CONSULTANT shall procure and
maintain for the life of this Agreement, Comprehensive General Liability Insurance.
This coverage shall be on an "Occurrence" basis. Coverage shall include
Premises and Operations; Independent consultants, Products -Completed
Operations and Contractual liability with specific reference to Article 7,
"Indemnification" of this Agreement. This policy shall provide coverage for death,
personal injury, or property damage that could arise directly or indirectly from the
performance of this Agreement. CONSULTANT shall maintain a minimum
coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal
injury/ and $1,000.000 per occurrence/aggregate for property damage. The
general liability insurance shall include the CITY as an additional insured and shall
include a provision prohibiting cancellation of the policy upon thirty (30) days prior
written notice to the CITY.
C. Business Automobile Liability: The CONSULTANT shall procure and maintain,
for the life of this Agreement, Business Automobile Liability Insurance. The
CONSULTANT shall maintain a minimum amount of $1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONSULTANT
from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non -owned automobile, included rented automobiles,
whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
D. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT
shall procure and maintain for the life of this Agreement in the minimum amount of
$1,000,000 per occurrence.
E. Umbrella/Excess Liability Insurance in the amount of $1,000,000.00 as
determined appropriate by the CITY depending on the type of job and exposures
contemplated. Coverage must be follow form of the General Liability, Auto
Liability, and Employer's Liability. This coverage shall be maintained for a period
of no less than the later of three (3) years after the delivery of goods/services or
final payment pursuant to the Agreement.
10.2 CONSULTANT shall provide the CITY with all Certificates of Insurance required under this
section prior to beginning performance under this Agreement. Failure to maintain the
required insurance will be considered a default of the Agreement.
10.3 The CITY shall be named as an additional insured. The coverage shall contain no
limitations on the scope of protection afforded the CITY, its officers, officials, employees,
or volunteers. A current valid insurance policy meeting the requirements herein identified
shall be maintained during the duration of this Agreement, and shall be endorsed to state
that coverage shall not be suspended, voided, or canceled by either party, reduced in
coverage in limits except after thirty (30) days prior written notice by either certified mail,
return receipt requested, has been given to the CITY.
10.4 The CITY reserves the right to reasonably require any additional insurance coverage or
increased limits as determined necessary by the Director of Human Resources and Risk
Management. The CITY reserves the right to review, modify, reject, or accept any required
policies of insurance, including limits, coverage, or endorsements throughout the term of
the Agreement.
ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 CONSULTANT is an independent CONSULTANT 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
CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of
CONSULTANT.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafrde employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement 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.
ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -
in -negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most
favored customer for the same or substantially similar service.
13.2 The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete, or
non-current wage rates or due to inaccurate representations of fees paid to outside
CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONSULTANT, 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.
ARTICLE 15 - ASSIGNMENT
15.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
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ARTICLE 16 - NON -WAIVER
16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17 —TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon fourteen (14) days of written notice by the terminating party to the other
party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to the termination date, including services
reasonably related to termination. In the event that the CONSULTANT abandons the
Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY
against loss pertaining to this termination.
17.2 Termination for Cause: In addition to all other remedies available to CITY, this
Agreement shall be subject to cancellation by CITY for cause, should CONSULTANT
neglect or failure to perform or observe any of the terms, provisions, conditions, or
requirements herein contained if such neglect or failure shall continue for a period of thirty
(30) days after receipt by CONSULTANT of written notice of such neglect or failure.
ARTICLE 18 - DISPUTES
18.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of this
Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach
County.
18.2 Correction of Work. If in the judgment of CITY, work provided by CONSULTANT does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONSULTANT correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
18.3 Remedies in Default. In case of default by CONSULTANT, CITY shall notify
CONSULTANT, in writing, of such abandonment, delay, refusal, failure, neglect, or default
and direct CONSULTANT to comply with all provisions of the Agreement. If the
abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days
of when notice was sent by CITY, CITY may declare a default of the Agreement and notify
CONSULTANT of such declaration of default and terminate the Agreement.
A. Upon such declaration of default, all payments remaining due CONSULTANT at
the time of default, less all sums due CITY for damages suffered, or expenses
incurred by reason of default, shall be due and payable to CONSULTANT.
B. CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re -letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to CONSULTANT together with the costs incident thereto
to such default.
C. In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONSULTANT under this Agreement, if the same had been fulfilled by
CONSULTANT, CITY shall retain such differences. Should such cost to CITY be
greater, CONSULTANT shall pay the amount of such excess to the CITY.
D. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
CONSULTANT fails to meet reasonable standards of the trade after CITY gives
written notice to the CONSULTANT of the deficiencies as set forth in the written
notice within fourteen calendar (14) days of the receipt by CONSULTANT of such
notice from CITY.
ARTICLE 19 — UNCONTROLLABLE FORCES
19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by .a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to a pandemic, epidemic, acts of God, fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from the performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing the continued performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
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City of Bo nton Beach
Attn: Lori LaVerriere, Citi Manager
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to CONSULTANT shall be sent to the following address:
Ballard Partners, Inc.
ADDRESS: 201 East Park
5'" Floor
CITY/STATE/ZIP: Tallahassee FL 34301
_Attn: Mat Forrest _
Tel: 561-253-3232
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with any addenda and/or attachments, represents the entire and
integrated agreement between the CITY and the CONSULTANT 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 CONSULTANT.
ARTICLE 22 - MISCELLANEOUS
22.1 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under the
indemnification provisions set forth hereinabove.
22.2 It shall be the CONSULTANT's responsibility to be aware of and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal
agencies as applicable.
22.3 This Agreement represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation, and the CONSULTANT's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
22.4 This Agreement will take effect once signed by both parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which shall
be deemed to be an original and together shall constitute one and the same agreement.
Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and
effective upon delivery of the executed documents to the other party through facsimile
transmission, email, or other electronic delivery.
ARTICLE 23 — PUBLIC RECORDS
23.1 Sealed documents received by the CITY in response to an invitation are exempt from
public records disclosure until thirty (30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Section 119.07, Florida Statutes.
23.2 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT
shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost 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 disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and, following completion of the contract,
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CONSULTANT shall maintain in a secured manner all copies of such confidential
and exempt records remaining in its possession once the CONSULTANT transfers
the records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost
to the CITY, all public records in CONSULTANT'S possession. All records stored
electronically by CONSULTANT must be provided to the CITY, upon request from
the CITY's custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
ARTICLE 24 —
24.1 By execution of this Agreement, CONSULTANT certifies that it is not participating in a
boycott of Israel. CONSULTANT further certifies that it is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, nor has it engaged in business operations in Syria. Subject to limited
exceptions provided in state law, the CITY will not contract for the provision of goods or
services with any scrutinized company referred to above. Submitting a false certification
shall be deemed a material breach of contract. The CITY shall provide notice, in writing,
to the CONSULTANT of the CITY's determination concerning the false certification.
CONSULTANT shall have five (5) days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term,
CONSULTANT shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
the CONSULTANT does not demonstrate that the CITY's determination of false
certification was made in error then the CITY shall have the right to terminate the contract
and seek -civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
ARTICLE 25 — E -VERIFY
25.1
CONSULTANT certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
hereinbelow.
25.2 Definitions for this Section:
A. "Contractor" means a person or entity that has entered or is attempting to enter
into a contract with a public employer to provide labor, supplies, or services to such
employer in exchange for a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "E -Verify system" means an Internet -based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
25.3 Registration Requirement; Termination, Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E -verify system in
order to verify the work authorization status of all newly hired employees. The contractor
shall register for and utilize the U.S. Department of Homeland Security's E -Verify System
to verify the employment eligibility of.
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the CITY of Boynton
Beach. The Contractor acknowledges and agrees that registration and use of the
U.S. Department of Homeland Security's E -Verify System during the term of the
contract is a condition of the contract with the CITY of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not
limited to registration and utilization of the E -Verify System to verify the work
authorization status of all newly hired employees. The contractor shall also require
all subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or If a subcontractor knowingly
violates the statute, the subcontract must be terminated Immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract Is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1) year after the date of termination.
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year
written below.
DATED this„ day of OC466c __, 2021.
CITY OF BOYNTON BEACH
9
Lori La ernere, City Manager
Attest/Auth enti sated :
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ames A. Ch of, City Attorney
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President
Title
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12
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance
companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor:) The
following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE:
This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or
lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (any one fire)
Med. Expense (any one person)
$ 1,000,000.00
$ 1,000,000.00
$1,000,000.00
$ 1,000,000.00
$ 50,000.00
$ 5,000.00
------------------------------------------------------------------------------------------------------------------------------------
Professional Liability Aggregate - $1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Excess Liability
Umbrella Form
Worker's Compensation Statutory Limits
Employer's Liability
Property:
Homeowners Revocable Permit
Builder's Risk
Installation Floater
Each Occurrence to be determined
Aggregate to be determined
Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 11000,000.00
$ 300,000.00
Limits based on Project Cost
Limits based on Project Cost
Other - As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
13
fes:] = A,
Scope of Work
14
SCOPE OF SERVICES
BACKGROUND
Known as "America's Gateway to the Gulfstream," Boynton Beach is a full-service municipality located in
the heart of southeast Florida, in the center of Palm Beach County, consisting of 16.5 square miles that
include four miles of the Intracoastal Waterway. Our coastal community has an estimated population of
78,050 residents and has experienced a positive growth rate since 2008 and has grown 8.5% since 2010.
Due to its location and year-round tropical climate, Boynton Beach possesses many natural assets that
set the stage for numerous leisure, recreation, and active lifestyle pursuits. The City of Boynton Beach
invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of
municipal parks, beaches, and natural conservation lands.
The City has direct access to the Florida Turnpike via Boynton Beach Boulevard and three 1-95 exits and
lies within close proximity to Palm Beach International Airport (14 miles) and Fort Lauderdale/Hollywood
International Airport (37 miles). The closest seaports are Port of Palm Beach (21 miles) and Port
Everglades (36 miles). The Tri -Rail commuter train makes a stop in the City that connects the rider to
Palm Beach, Broward, and Miami -Dade Counties.
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.
SCOPE OF SERVICES
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.
c. Meet with members of the local, and state legislative delegations and their staff 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, state, and local
1S
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 state, and local elected officials and their staff.
f. Meet with members of the local, and state legislative delegations and their staff 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 government
and other relevant local, and state 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 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.
• 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's 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, the US Conference of Mayors,
and the National League of Cities.
16
• 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.
WORK PRODUCTS REQUIRED
The Firm 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 Firm shall also keep the City informed as to
local, and state funding progress during the month as is deemed necessary by the City Manager
TERM
The initial term of the contract shall be for a period of five (5) years commencing on October 1, 2021, and
ending on September 30, 2026. The City of Boynton Beach reserves the right to renew the contract with
the same terms and conditions for two (2) additional, one-year terms subject to vendor acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the City. The City
of Boynton Beach reserves the right to extend the contract 90 days beyond the contract expiration date
if needed.
17
R21-136
PROFESSIONAL SERVICES AGREEMENT FOR
APPROPRIATION LOBBYIST SERVICES
THIS AGREEMENT ("Agreement'), is entered into between the City of Boynton Beach, a
municipal corporation organized and existing under the laws of Florida, with a business address of 100
East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", BALLARD PARTNERS
INC. a corporation authorized to do business in the State of Florida, with a business address of 201 East
Park Avenue, 5th Floor, Tallahassee FL 34301, hereinafter referred to as "CONSULTANT". In
consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set
forth below.
WHEREAS, the CITY determined that CONSULTANT is qualified for appointment to perform the
scope of services set forth in Exhibit A; and
WHEREAS, the City Commission on October 5, 2021, determined that CONSULTANT is qualified
for appointment to perform the scope of services; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT hereby agrees to perform the Appropriation Lobbyist services, as more
particularly described in the scope of services, attached hereto as Exhibit "A" and by this
reference made a part hereof.
1.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and
as may be required in the performance of this Agreement, except as otherwise specifically
provided for herein, and all work performed under this Agreement shall be done in a
professional manner.
1.3 CONSULTANT assumes professional and technical responsibility for the performance of
its services to be provided hereunder in accordance with recognized professional and
ethical guidelines established by their profession. If within one year following completion
of its services, such services fail to meet the aforesaid standards, and the CITY promptly
advises CONSULTANT thereof in writing, CONSULTANT agrees to re -perform such
deficient services without charge to the CITY.
1.4 The relationship between CITY and CONSULTANT created hereunder and the services
to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY
shall be free to pursue and engage similar relationships with other contractors to perform
the same or similar services performed by CONSULTANT hereunder, so long as no other
consultant shall be engaged to per -form the specific project(s) assigned to CONSULTANT
while CONSULTANT is so engaged without first terminating such assignment.
CONSULTANT shall be free to pursue relationships with other parties to perform the same
or similar services, whether or not such relationships are for services to be performed
within the CITY, so long as no such relationship shall result in a conflict of interest, ethical
or otherwise, with the CITY's interests in the services provided by CONSULTANT
hereunder.
1.5 CONSULTANT shall not utilize the services of any sub -consultant without the prior written
approval of CITY.
1.6 The CITY's Representative during the performance of this Agreement shall be:
Mara Frederiksen
Director of Financial Services
100 East Ocean Avenue
Boynton Beach, FL 33435
561-742-6312
Frederiksen M(J)bbfl . us
1.7 The CONSULTANT'S Representative during the performance of the Agreement shall be:
Mat Forrest
Ballard Partners, Inc.
201 East Park Avenue, 51h Floor,
Tallahassee FL 34301
561-253-3232
Mat cDballardpartners.com
ARTICLE 2 - TERM
2.1 The initial Agreement period shall be for an initial term of five (5) years, commencing on
October 1, 2021. The CITY reserves the right to renewthe Agreement for two (2) additional
one (1) year periods, under the same terms, conditions. The services to be performed
during the initial five (5) year term will be governed by this Agreement, and that there is
no guarantee of future work being given to the Consultant.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one -hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed
for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
ARTICLE 3 - TIME OF PERFORMANCE
3.1 Work under this Agreement shall commence upon the giving of written notice by the CITY
to the CONSULTANT by way of a purchase order. CONSULTANT shall perform all
services and provide all work products required pursuant to this Agreement within the time
period set forth herein unless otherwise agreed to in the purchase order.
ARTICLE 4 - PAYMENT
4.1 The CONSULT ANT shall be paid $60,000 plus expenses annually by the CITY for
completed work and for services rendered under this agreement as follows:
A. Payment for the work provided by the CONSULTANT shall be made promptly on
all invoices submitted to the CITY properly.
B. The CONSULTANT may submit invoices to the CITY during the progress of the
contract term. Invoices shall include information such as the date(s) of service,
type of service(s) performed, length of time spent, the level/status of the employee
performing the task if relevant, all applicable fees and costs, an adequate
description for all fees and costs, and any other information reasonably required
by CITY. Such invoices will be reviewed by the CITY, and upon approval thereof,
payment will be made to the CONSULTANT in the amount approved.
C. Final payment of any balance due to the CONSULTANT of the total 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.
D. The 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.
E. The Professional'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.
F. All payments shall be governed by the Local Government Prompt Payment Act, as
set forth in Part VII, Chapter 218, Florida Statutes.
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all documents,
drawings, specifications, and other materials produced by the CONSULTANT 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. Notwithstanding the
foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other
design copies, including reproducible copies, of drawings and specifications for
information, reference, and use in connection with CONSULTANT's endeavors. Any use
of the documents for purposes other than as originally intended by this Agreement, without
the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability
to CONSULTANT and CONSULTANT'S sub -CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement and is subject to termination based on lack of funding.
ARTICLE 7 - WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified professionals to all assigned projects during the term of this Agreement.
CONSULTANT's services shall meet a standard of care for [service description]. In
submitting its response to the RFP, CONSULTANT has represented to CITY that certain
individuals employed by CONSULTANT shall provide services to CITY pursuant to this
Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall
not change the designated Project Manager for any project without the advance written
approval of the CITY, which consent may be withheld in the sole and absolute discretion
of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this Service 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.
ARTICLE 9 - INDEMNIFICATION
9.1 The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees,
agents, and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the CITY or its officers, employees, agents, or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to and resulting from the
performance of this Agreement by the CONSULTANT, its employees, agents, partners,
principals or subcontractors. The CONSULTANT shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither
party to this Agreement shall be liable to any third party claiming directly or through the
other respective party, for any special, incidental, indirect, or consequential damages of
any kind, including but not limited to lost profits or use that may result from this Agreement
or out of the services or goods furnished hereunder.
9.2 The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force
and effect as to the party's responsibility to indemnify.
9.3 Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or §768.28, Fla. Stat., as may be amended from time
to time.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance policies, and provide originals or certified copies of all
policies to CITY's Director of Human Resources and Risk Management. All policies shall
be written by an insurance company authorized to do business in Florida. CONSULTANT
shall be required to obtain all applicable insurance coverage, as indicated below, prior to
commencing any service pursuant to this Agreement:
A. Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Agreement, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub -CONSULTANT that does
not have their own Worker's Compensation and Employer's Liability Insurance.
4
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
B. Comprehensive General Liability: The CONSULTANT shall procure and
maintain for the life of this Agreement, Comprehensive General Liability Insurance.
This coverage shall be on an "Occurrence" basis. Coverage shall include
Premises and Operations; Independent consultants, Products -Completed
Operations and Contractual Liability with specific reference to Article 7,
"Indemnification" of this Agreement. This policy shall provide coverage for death,
personal injury, or property damage that could arise directly or indirectly from the
performance of this Agreement. CONSULTANT shall maintain a minimum
coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal
injury/ and $1,000.000 per occurrence/aggregate for property damage. The
general liability insurance shall include the CITY as an additional insured and shall
include a provision prohibiting cancellation of the policy upon thirty (30) days prior
written notice to the CITY.
C. Business Automobile Liability: The CONSULTANT shall procure and maintain,
for the life of this Agreement, Business Automobile Liability Insurance. The
CONSULTANT shall maintain a minimum amount of $1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONSULTANT
from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non -owned automobile, included rented automobiles,
whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
D. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT
shall procure and maintain for the life of this Agreement in the minimum amount of
$1,000,000 per occurrence.
E. Umbrella/Excess Liability Insurance in the amount of $1,000,000.00 as
determined appropriate by the CITY depending on the type of job and exposures
contemplated. Coverage must be follow form of the General Liability, Auto
Liability, and Employer's Liability. This coverage shall be maintained for a period
of no less than the later of three (3) years after the delivery of goods/services or
final payment pursuant to the Agreement.
10.2 CONSULTANT shall provide the CITY with all Certificates of Insurance required under this
section prior to beginning performance under this Agreement. Failure to maintain the
required insurance will be considered a default of the Agreement.
10.3 The CITY shall be named as an additional insured. The coverage shall contain no
limitations on the scope of protection afforded the CITY, its officers, officials, employees,
or volunteers. A current valid insurance policy meeting the requirements herein identified
shall be maintained during the duration of this Agreement, and shall be endorsed to state
that coverage shall not be suspended, voided, or canceled by either party, reduced in
coverage in limits except after thirty (30) days prior written notice by either certified mail,
return receipt requested, has been given to the CITY.
10.4 The CITY reserves the right to reasonably require any additional insurance coverage or
increased limits as determined necessary by the Director of Human Resources and Risk
Management. The CITY reserves the right to review, modify, reject, or accept any required
policies of insurance, including limits, coverage, or endorsements throughout the term of
the Agreement.
ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 CONSULTANT is an independent CONSULTANT 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
CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of
CONSULTANT.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement 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.
ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -
in -negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most
favored customer for the same or substantially similar service.
13.2 The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete, or
non-current wage rates or due to inaccurate representations of fees paid to outside
CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONSULTANT, 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.
ARTICLE 15 - ASSIGNMENT
15.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY
ARTICLE 16 - NON -WAIVER
16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17 —TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon fourteen (14) days of written notice by the terminating party to the other
party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to the termination date, including services
reasonably related to termination. In the event that the CONSULTANT abandons the
Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY
against loss pertaining to this termination.
17.2 Termination for Cause: In addition to all other remedies available to CITY, this
Agreement shall be subject to cancellation by CITY for cause, should CONSULTANT
neglect or failure to perform or observe any of the terms, provisions, conditions, or
requirements herein contained if such neglect or failure shall continue for a period of thirty
(30) days after receipt by CONSULTANT of written notice of such neglect or failure.
ARTICLE 18 - DISPUTES
18.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of this
Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach
County.
18.2 Correction of Work. If in the judgment of CITY, work provided by CONSULTANT does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONSULTANT correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement, CITY shall be the sole judge of non-conformance and the quality of
workmanship.
18.3 Remedies in Default. In case of default by CONSULTANT, CITY shall notify
CONSULTANT, in writing, of such abandonment, delay, refusal, failure, neglect, or default
and direct CONSULTANT to comply with all provisions of the Agreement. If the
abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days
of when notice was sent by CITY, CITY may declare a default of the Agreement and notify
CONSULTANT of such declaration of default and terminate the Agreement.
A. Upon such declaration of default, all payments remaining due CONSULTANT at
the time of default, less all sums due CITY for damages suffered, or expenses
incurred by reason of default, shall be due and payable to CONSULTANT.
B. CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re -letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to CONSULTANT together with the costs incident thereto
to such default.
C. In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONSULTANT under this Agreement, if the same had been fulfilled by
CONSULTANT, CITY shall retain such differences. Should such cost to CITY be
greater, CONSULTANT shall pay the amount of such excess to the CITY.
D. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
CONSULTANT fails to meet reasonable standards of the trade after CITY gives
written notice to the CONSULTANT of the deficiencies as set forth in the written
notice within fourteen calendar (14) days of the receipt by CONSULTANT of such
notice from CITY.
ARTICLE 19 — UNCONTROLLABLE FORCES
19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by .a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to a pandemic, epidemic, acts of God, fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from the performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing the continued performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVeniere, City Manager
1 00 E. Ocean Avenue
Bovnton Beach, FL 33435
Notices to CONSULTANT shall be sent to the following address:
Ballard Partners, Inc.
ADDRESS: 201 East Park Avenue, 511' Floor
CITY/STATE/ZIP: Tallahassee FL 34301
Attn: Mat Forrest
Tel: 561-253-3232
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with any addenda and/or attachments, represents the entire and
integrated agreement between the CITY and the CONSULTANT 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 CONSULTANT.
ARTICLE 22 - MISCELLANEOUS
22.1 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under the
indemnification provisions set forth hereinabove.
22.2 It shall be the CONSULTANT's responsibility to be aware of and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal
agencies as applicable.
22.3 This Agreement represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation, and the CONSULTANT's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
22.4 This Agreement will take effect once signed by both parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which shall
be deemed to be an original and together shall constitute one and the same agreement.
Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and
effective upon delivery of the executed documents to the other party through facsimile
transmission, email, or other electronic delivery.
ARTICLE 23 — PUBLIC RECORDS
23.1 Sealed documents received by the CITY in response to an invitation are exempt from
public records disclosure until thirty (30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Section 119.07, Florida Statutes.
23.2 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT
shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost 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 disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and, following completion of the contract,
CONSULTANT shall maintain in a secured manner all copies of such confidential
and exempt records remaining in its possession once the CONSULTANT transfers
the records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost
to the CITY, all public records in CONSULTANT'S possession. All records stored
electronically by CONSULTANT must be provided to the CITY, upon request from
the CITY's custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
ARTICLE 24 — SCRUTINIZED COMPANIES
24.1 By execution of this Agreement, CONSULTANT certifies that it is not participating in a
boycott of Israel. CONSULTANT further certifies that it is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, nor has it engaged in business operations in Syria. Subject to limited
exceptions provided in state law, the CITY will not contract for the provision of goods or
services with any scrutinized company referred to above. Submitting a false certification
shall be deemed a material breach of contract. The CITY shall provide notice, in writing,
to the CONSULTANT of the CITY's determination concerning the false certification.
CONSULTANT shall have five (5) days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term,
CONSULTANT shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
the CONSULTANT does not demonstrate that the CITY's determination of false
certification was made in error then the CITY shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
ARTICLE 25 — E -VERIFY
25.1 CONSULTANT certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
hereinbelow.
25.2 Definitions for this Section:
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A. "Contractor" means a person or entity that has entered or is attempting to enter
into a contract with a public employer to provide labor, supplies, or services to such
employer in exchange for a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant,
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "E -Verify system" means an Internet -based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
25.3 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E -verify system in
order to verify the work authorization status of all newly hired employees. The contractor
shall register for and utilize the U.S. Department of Homeland Security's E -Verify System
to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the CITY of Boynton
Beach. The Contractor acknowledges and agrees that registration and use of the
U.S. Department of Homeland Security's E -Verify System during the term of the
contract is a condition of the contract with the CITY of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time, This includes, but is not
limited to registration and utilization of the E -Verify System to verify the work
authorization status of all newly hired employees. The contractor shall also require
all subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1) year after the date of termination.
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year
written below. I -
DATED this J-24–dayof l n 1C�`4I�f , 2021.
CITY OF BOYNTON BEACH BALLA ARTN , IN9,'
*L8—j-4A-X-gignaKire
LorName
Attest/Authenticated:
aures A. Ch of, City Attorney
President
Title
(Corporate Seal)
`PSEAL`�'' =
= 1998
ORVO
Attest/Authenticated: .`
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12
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance
companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The
following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE:
This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or
lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
General Aggregate $ 1,000,000.00
Products-Comp/Op Agg. $ 1,000,000.00
Personal & Adv. Injury $ 1,000,000.00
Each Occurrence $ 1,000,000.00
Fire Damage (any one fire) $ 50,000.00
Med. Expense (any one person) $ 5,000.00
Professional Liability Aggregate - $1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit
Builder's Risk
Installation Floater
Other - As Risk Identified
INSURANCEADV ISORYFORM Revised 04/2021
$ 300,000.00
Limits based on Project Cost
Limits based on Project Cost
to be determined
13
EXHIBIT A
Scope of Work
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SCOPE OF SERVICES
BACKGROUND
Known as "America's Gateway to the Gulfstream," Boynton Beach is a full-service municipality located in
the heart of southeast Florida, in the center of Palm Beach County, consisting of 16.5 square miles that
include four miles of the Intracoastal Waterway. Our coastal community has an estimated population of
78,050 residents and has experienced a positive growth rate since 2008 and has grown 8.5% since 2010.
Due to its location and year-round tropical climate, Boynton Beach possesses many natural assets that
set the stage for numerous leisure, recreation, and active lifestyle pursuits. The City of Boynton Beach
invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of
municipal parks, beaches, and natural conservation lands.
The City has direct access to the Florida Turnpike via Boynton Beach Boulevard and three 1-95 exits and
lies within close proximity to Palm Beach International Airport (14 miles) and Fort Lauderdale/Hollywood
International Airport (37 miles). The closest seaports are Port of Palm Beach (21 miles) and Port
Everglades (36 miles). The Tri -Rail commuter train makes a stop in the City that connects the rider to
Palm Beach, Broward, and Miami -Dade Counties.
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.
SCOPE OF SERVICES
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.
c. Meet with members of the local, and state legislative delegations and their staff 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, state, and local
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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 state, and local elected officials and their staff.
f. Meet with members of the local, and state legislative delegations and their staff 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.
In. 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 government
and other relevant local, and state 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 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.
• 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's 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, the US Conference of Mayors,
and the National League of Cities.
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• 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.
WORK PRODUCTS REQUIRED
The Firm 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 Firm shall also keep the City informed as to
local, and state funding progress during the month as is deemed necessary by the City Manager
TERM
The initial term of the contract shall be for a period of five (5) years commencing on October 1, 2021, and
ending on September 30, 2026. The City of Boynton Beach reserves the right to renew the contract with
the same terms and conditions for two (2) additional, one-year terms subject to vendor acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the City. The City
of Boynton Beach reserves the right to extend the contract 90 days beyond the contract expiration date
if needed.
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