Res 2018-107 Strategic Planning Technical Assistance ContractRESOLUTION 2018-107
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY ON
BEHALF OF THE INSTITUTE OF GOVERNMENT FOR STRATEGIC
PLANNING TECHNICAL ASSISTANCE AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff is recommending the execution of a Professional Services Agreement
with Florida Atlantic University's Institute of Government, in partnership with Trainnovations
for strategic planning technical assistance services; and
WHEREAS, Section 257.057, Florida Statutes, generally exempts contracts between government
agencies from competitive solicitation requirements, and the Village's purchasing policies
exempt training, seminars and similar services from the purchasing rules and regulations; and
WHEREAS, notwithstanding the foregoing, all contracts in excess of $10,000 require approval
by the Village Council; and
WHEREAS, the Village Council determines that the execution of a Professional Services
Agreement with Florida Atlantic University, in partnership with Trainnovations, is in the best
interests of citizens and residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves the Professional Services Agreement with
Florida Atlantic University ("FAU") on behalf of The John Scott Dailey Florida Institute of
Government, a copy of which is attached hereto an incorporated herein, and authorizes the
Mayor and Village Clerk to execute the Agreement on behalf of the Village. The total amount of
compensation paid to FAU shall not exceed $18,500.00, with funds expended from Account No.
A4902-33190 (Village Manager — Professional Services).
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 13TH DAY OF DF d"' �T TT
(Village Seal)
ATTEST:
VILLAGE CLERK
FLORIDA ATLANTIC UNIVERSITY
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into as of
1 - � ("Effective Date"), by and between the Florida Atlantic
University BoAM of Trustees, a public body corporate of the State of Florida, on behalf of The
John Scott Dailey Florida Institute of Government at Florida Atlantic University, with an address
of 777 Glades Road, Building 44, Room 108, Boca Raton, FL 33431 ("FAU" or "University"), and
the Village of North Palm Beach, a municipal corporation organized and existing under the laws
of the State of Florida with a business address of 501 U.S. Highway One, North Palm Beach, FL
33408, ("Client").
In consideration of the mutual covenants and stipulations set forth herein, the parties
hereby agree as follows:
1. University agrees to provide. and Client agrees to accept the services set forth on Exhibit
A attached hereto (the "Services") in accordance with the terms of this Agreement. University
shall control the manner in which the Services are provided, giving due consideration to the
requests of Client. Unless otherwise mutually agreed, the Services shall be performed at
Client's premises.
2. This Agreement is legally binding as of the Effective Date, and, unless terminated as
provided herein or extended by mutual written agreement of the parties, shall continue until the
Services have been completed. University or Client may terminate this Agreement at any time
for any reason upon written notice to Client. In the event of termination by Client, Client shall
pay University for all services performed through the date of termination.
3. Client agrees to pay University for the Services during the term hereof in accordance
with the rates and terms set forth on Exhibit A attached hereto. Unless otherwise specified,
payments shall be due within thirty (30) days of receipt of a University invoice for services
performed. Late payments shall bear interest at 1 % per month.
.,v
4. The performance of the University of the Services shall be subject to and contingent
upon the availability of funds appropriated by the state legislature or the prime funding agency,
or otherwise lawfully expendable for the purpose of the Services for the current and future
periods.
5. All documents, papers, letters or other material made or received in conjunction with the
Services shall be subject to the provisions of Chapter 119, Florida Statutes.
6. Any renewals, amendments, alterations or modifications pertaining to the Services must
be signed or initialed and approved by all parties.
7. The provision of the Services and the validity, construction and effect of this Agreement
shall be governed by the laws of the State of Florida. The University and Client, as public
entities of the State of Florida, are entitled to the benefits of sovereign immunity coextensive
therewith, including immunities from taxation.
8. Neither party may, without the advance written approval of the other party, assign any
right or delegate any duties pertaining to the Services.
9. No default, delay or failure to perform shall be considered a default, delay or failure to
perform otherwise chargeable, hereunder, if such default, delay or failure to perform is due to
8 -s -o7
causes beyond either party's reasonable control including, but not limited to, strikes, lockouts or
inactions of governmental authorities; epidemics; war; embargoes, fire; earthquake; acts of God;
default of common carrier. In the event of such default, delay or failure to perform, any date or
times by which a party is otherwise scheduled to perform shall be extended automatically for a
period of time equal in duration to the time lost by reason of the excused default, delay or failure
to perform.
10. The University makes no warranties of any kind, express or implied, pertaining to the
Services, and to the maximum extent permitted by law, disclaims all warranties and conditions,
either express or implied, pertaining to the Services.
11. To the maximum extent permitted by law, in no event shall University be liable for any
special, incidental, indirect, or consequential damages whatsoever, pertaining to the Services
(including, without limitation, damages for loss of business profits, business interruption, or any
other pecuniary loss, including legal fees), whether for a breach of contract, failure of essential
purpose, negligence or otherwise, even if the party has been advised of the possibility of such
damages.
12. Neither party may use or make reference to the other party or any trade names,
trademarks, service marks, logos or other designations of the other party except to the extent
and in the manner which is expressly provided for in writing by the other party.
13. University reserves all rights with respect to the Services and materials provided by
University or the work -product developed by University in connection with the Services. Nothing
herein shall purport to grant or convey any interest or right to the University's services, materials
or work -product or grant any exclusivity with respect thereto.
14. In the event of any legal action is brought for enforcement of this Agreement or because
of an alleged dispute, breach or default in connection with any provision of this Agreement, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in that
action or proceeding.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
VILLAGE OF NORTH PALM BEACH
Attest:
Melissa Teal, Village Clerk
Approved as to form and I ufficiency:
Village Attorney
2
FLORIDA ATLANTIC UNIVERSITY
BOARD OF TRUSTEES,
on behalf of The John Scott
Dailey Florida Institute of Government
at ridat tic University
Signature
t
-1 LV. V1 14
me
Title
Date
AND
G 11 C r
Florida At1rirr:
EXHIBIT A
STRATEGIC PLANNING TECHNICAL ASSISTANCE
FY 2018-2019
For the Village of North Palm Beach
Submitted by The John Scott Dailey Florida Institute of Government at
Florida Atlantic University
in partnership with Trainnovations
FY 2018-2019
Strategic Planning Scope of Services:
• 2-4 Management Team workshops to determine Village wide mission
and vision, current and future strategic priorities and projects
(December, 2018)
90 minute Council members interviews (January, 2019)
Report back to Management Team (February 2019)
• Community Input review— Review of 2015 survey and/or new survey and
possibly 4-7 Focus Groups (February/March 2019)
Draft Strategic Plan (March/April, 2019)
Strategic Plan presentation to council (April, 2019)
• Implementation templates —tracking progress for quarterly reports to
council (April/May 2019)
0 Fee $18,500 (-80 hours which includes FAU IOG administrative fee)