R12-049RESOLUTION NO. R12 -049
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8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING A SMALL
BUSINESS ANALYST AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND DELORES SCHLESSELMAN ON AN
AS NEEDED BASIS TO PROVIDE ANALYSIS AND SCORING
SERVICES FOR THE COMMERCIAL INTERIOR BUILD -OUT
GRANT AND COMMERCIAL RENT SUBSIDY GRANT; j
1 p AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
1 THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, at the April 17, 2012 meeting the City Commission approved a pilot
15 grant project offering two grant programs modeled from existing CRA programs; and
16 WHEREAS, the CRA currently uses the services of a third -party consultant to
1 review and score the applications for the grant programs; and
�$ WHEREAS, upon recommendation of staff, the City Commission has determined
j that it is in the best interests of the residents of the City to enter into a Small Business
Analyst Agreement between the City of Boynton Beach and Delores Schlesselman on an as
needed basis to provide analysis and scoring services for the Commercial Interior Build -out
ii
Grant and Commercial Rent Subsidy Grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
� 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
hereof. I
i
Section 2. The City Commission hereby approves a Small Business Analyst
I�
Agreement between the City of Boynton Beach and Delores Schlesselman on an as needed
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1 basis to provide analysis and scoring services for the Commercial Interior Build -Out Grant
12 and Commercial Rent Subsidy Grant.
Section 3. Authorizing the Interim City Manager to execute the Small Business
4 Analyst Agreement, a copy of the Agreement is attached hereto as "Exhibit A."
5 Section 4. This Resolution shall become effective immediately upon passage.
rI PASSED AND ADOPTED this 19 day of June, 2012.
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2 ! ATTEST:
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2 Jan t M. Prainito, MMC
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CITY OF BOYNTON BE CH, FLORIDA
Mayor — ay.
ice ayor — Mack McCray
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Commissioner — Marlene Ross
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Ria -o49
Small Business Analyst Agreement
This Consulting Agreement (the "Agreement ") is between Dolores Schlesselman, an
individual, ( "Consultant ") and The City of Boynton Beach (the "City ").
Performance
Consultant has agreed to perform consulting work for the City in providing analysis
services, consulting services and other related activities, as directed by the City, in
support of the City's Economic Development Program.
1. Consultant's Services. Consultant shall be available and shall provide to the City
professional consulting services in the area of small business analysis support, consulting
services and other related activities ( "Consulting services ") as requested.
2. Consideration.
A. RATE. In consideration for the Consulting Services to be performed by Consultant
under this Agreement, the City will pay Consultant at the rate of $20 per hour for time
spent on Consulting Services. Consultant shall submit written reports of the time spent
performing Consulting Services, itemizing in reasonable detail the dates on which
services were performed, the number of hours spent on such dates and a brief description
of the services rendered. The City shall pay Consultant the amounts due pursuant to
submitted reports within 21 days after such reports are received by the City.
B. EXPENSES. Consultant will be responsible for expenses incurred in performing
Consulting Services, excluding the following:
Traveling outside the City of Boynton Beach
Purchasing equipment, as directed by the City, which supports the performance
of Consulting Services, but does not have a useful purpose outside of
performing these services
Any required purchase, as directed by the City, which does not directly support
Consulting Services
Consultant shall submit written documentation and receipts where available itemizing the
dates on which expenses were incurred. The City shall pay Consultant the amounts due
pursuant to submitted reports within 21 days after a report is received by the City.
3. Independent Contractor. Nothing herein shall be construed to create an employer -
employee relationship between the City and Consultant. Consultant is an independent
contractor and not an employee of the City or any of its subsidiaries or affiliates. The
consideration set forth in Section 2 shall be the sole consideration due Consultant for the
services rendered hereunder. It is understood that the City will not withhold any amounts
for payment of taxes from the compensation of Consultant hereunder. Consultant will not
represent to be or hold herself out as an employee of the City.
4. Confidentiality. In the course of performing Consulting Services, the parties
recognize that Consultant may come in contact with or become familiar with information
which the City or its subsidiaries or affiliates may consider confidential. This information
may include, but is not limited to, information pertaining to the City systems, which
information may be of value to a competitor. Consultant agrees to keep all such
information confidential and not to discuss or divulge it to anyone other than appropriate
City personnel or their designees.
5. Intellectual Property Ownership
Consultant shall retain all copyright, patent, trade secret and other intellectual property
rights Consultant may have in anything created or developed by Consultant for City
under this Agreement.
6. Consultant's Materials
Consultant owns various materials in existence before the start date of this Agreement
( "Consultant's Materials "). Consultant may, at its option, include Consultant's Materials
in the work performed under this Agreement. Consultant retains all right, title and
interest, including all copyright, patent rights and trade secret rights in Consultant's
Materials. City shall make no other use of Consultant's Materials without Consultant's
written consent.
7. Term. This Agreement shall commence on the first day of July 2012 and shall
terminate on the last day of June 2013, unless earlier terminated by either party hereto.
Either party may terminate this Agreement upon Thirty (30) days prior written notice.
The City may, at its option, renew this Agreement for an additional One (1) year term on
the same terms and conditions as set forth herein by giving notice to Consultant of such
intent to renew on or before the last day of March 2013.
S. Notice. Any notice or communication permitted or required by this Agreement shall
be deemed effective when personally delivered or deposited, postage prepaid, in the first
class mail of the United States properly addressed to the appropriate party at the address
set forth below:
1. Notices to Consultant: 710 SW 27` Terrace, Boynton Beach, FL 33435
2. Notices to the City: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435
9. Miscellaneous.
9.1 Entire Agreement and Amendments. This Agreement constitutes the entire agreement
of the parties with regard to the subject matter hereof, and replaces and supersedes all
other agreements or understandings, whether written or oral. No amendment or extension
of the Agreement shall be binding unless in writing and signed by both parties.
9.2 Banding Effect, Assignment. This Agreement shall be binding upon and shall inure to
the benefit of Consultant and the City and to the City's successors and assigns. Nothing in
this Agreement shall be construed to permit the assignment by Consultant of any of its
rights or obligations hereunder, and such assignment is expressly prohibited without the
prior written consent of the City.
9.3 Governing Law, Severability. This Agreement shall be governed by the laws of the
State of Florida. The invalidity or unenforceability of any provision of the Agreement
shall not affect the validity or enforceability of any other provision.
WHEREFORE, the parties have executed this Agreement as of the date first written
above.
CITY OF BOYNTON BEACH
APPROVED AS TO FORM:
Lori Laverriere, Interim City Manager
DOLORES SCHLESSELMAN
By:
Dolores Schlesselman, Consultant
CITY A
June 2012
C.��Y C)�
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TO: James Cherof
City Attorney
CITY CLERK'S OFFICE
MEMORANDUM
FROM: Janet M. Prainito, MM
City Clerk
DATE: July 12, 2012
RE: Aareements Aaaroved by City Commission on June 19, 2012
Attached is the agreement that was approved by the City Commission at their regular meeting
held on June 19, 2012. Please review, sign and return to me for further processing. Thank
you.
RESOLUTION NO.OF
# DOCUMENTS
DESCRIPTION
R12 -049 1 Agreement with Dolores Schlesselman (Economic
Development Program) for consulting work.
Attachment
imp
S: \CC \WP \AFTER COMMISSION \City Attorney Transmittals \Year 2012 \06 -19 -12 R12- 049.doc
CITY CLERK'S OFFICE
MEMORANDUM
TO: Lori LaVerriere
Interim City Manager
FROM: Janet M. Prainito, MM
City Clerk
DATE: July 18, 2012
RE: Aareements AnDroved by City Commission on June 19. 2012 &
July 3, 2012
Attached are agreements that were approved by the City Commission at their regular meeting
held on June 19, 2012 and July 3, 2012. Please review, sign and return to me for further
processing. Thank you.
RESOLUTION NO.OF
# DOCUMENTS
DESCRIPTION
R12 -049 1 Agreement with Dolores Schlesselman (Economic
Development Program) for consulting work.
R12 -056 1 Approve an annual service agreement with
Motorola, Inc. for the continued maintenance and
repair of the City's radio telecommunications
systems.
Attachment
jmp
S• \CC \WP \AFTER COMMISSION \City Manager Transmittals \2012 \06 -19 -12 & 07 -03 -12 - R12 -049 & R12- 056.doc
The City • Bo ynton
July 23, 2012
Ms. Dolores Schlesselman
710 SW 27 Terrace
Boynton Beach, FL 33435
1 r'
Ms. Schlesselman
Attached for your information and file is an executed copy of the agreement and the
resolution mentioned above. Since the document has been fully executed, I have
retained the original for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
M P A":
net M. Prainito, MMC
City Clerk
Attachments
Us
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12 -049 Dolores Schlesselman
Small Business Analyst Agreement.doc
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