R97-143RESOLUTION NO. R97-//",.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND ACCEPTING AN AGREEMENT FOR
PROFESSIONAL.SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND BRYANT, MILLER & OLIVE,
P.A.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, theCity Commission of the City of Boynton Beach, Florida
deems it to be in the best interests of the citizens and residents of the City of
Boynton to enter into an Agreement for Professional Services with Bryant, Mill'er &
Olive, P.A., to consult and advise as requested, on proposed legislation pending in
the Florida Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas Clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby approve the Agreement For Professional Services between the City of
Boynton Beach and Bryant, Miller & Olive, P.A., which is Agreement is attached
hereto as Exhibit "A.
Section 3.
That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
day of September, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
"' Comr~iCsi,d'ner ~
ATTEST:
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Commissioner
~ommission ~
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF BOYNTON BEACH AND
BRYANT, MILLER & OLIVE, P.A.
The following is an ,agreement between the CitY of Boynton Beach, hereinafter re/erred 1o
as "CITY," and in the firm &Bryant, Miller & Olive, P.A., a Florida corporation, hereinaier
referred to as "CONTRACTOR."
WHEREAS, CONTRACTOR has dul~' qualified experts in the field of comprehensive
legislative and administrative legal practice; and
WHEREAS, in the judgment of the Council Members oflhe Ci~ of Boynton Beach, it is
necessa'y and desirable to employ the services of CONTRACTOR to assist the City Manager
with representation before the Florida State Legislature, the Governor, Cabinet, State agencies,
and other public bodies of thc State.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
PART 1 - SPECIAL PROVISIONS
A. 1997 SPECIAL LEGISLATIVE SESSION: CONTRACTOR shall consult and
advise as requested on proposed legislative issues effecting appropriations and the funding
formula in the contemplated special session on education.
PART H - PAYMENT
A. 1997 SPECIAL SESSION: CONTRACTOR'S compensation for the Special
Session described in Pan I (A) shall be $25,000, payable in four equal installments commencing
September, 1997 and ending December, 1997.
PART m - GENERAL PROVISIONS,
A. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will
have Brian Ballad, Ivlanaging Panner of CONTRACTOR' S firm, in the performance of
CONTRACTOR'S duties hereunder, and has relied on that represemation as an inducement to
entering imo this A~eement
B. ASSIGNMENT AND DELEGATION: Neither party hereto shall assign or
delegate any interest in or duty under this Agreement without written consent to the other, and no
assignment shall be of any force or effeel whatsoever unless and until the other party shall have so
consented.
C. STATIJS OF CONTRACTOR: 2~ne parties intend that CONTRACTOR- in
performing the services hereinafter specified, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. CONTRACTOK is not to be
considered an agent or employee of CITY and is not entitled to participate in any pension plan,
insurance, bonus, or similar benefits CITY provides its employees.
D. METHODAND PLACE OF GIVING-NOTICE, SUBMITTING BiI,LS,
AND MAKING PAYMENTS: .MI notices, bills, and payments shall be made in writing and my
be given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
CITY:
Kerry Willis
Citer Malinger
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boymon Beach, FL 33435
(561)375-6000
CONT~.,. --~,
Bryant, Miller & Olive, P.A_
201 South Monroe Street
Suite 500
Tallahassee, FL 32301
(904) 222-8611
E. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable
federal, state, and local laws, roles, and regulations in regard to non-discriminations in
employment because of race, color, ancestry, national oril~n, religion, sex, age, marital status,
medical condition, or physical or mental disability.
F CONFLICl Ol~ INTEREST: CONTRACTOR is aware of the conflict of
interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida,
Chapter 1 I2, Florida Statutes, as amended, and agrees that it will fully comply in all respects with
the terms of said laws.
ID: BMO LAW FIRM
G. ,IURISDICTION: This Agreement and performance hereunder and all suits and
special proceedings hereunder shall be construed in accordance with the laws of the State of
Florida~ In any action, special proceeding or other proceeding that may be brought arising out of,
in connection with, or by reason of this Agreement, the laws of the State of Florida shall be
applicable and Pdaall govern to the exclusion ofthe law of any other forum, without regard to the
jurisdiction in which the action or special proceeding may be instituted.
H. VENUE: Any and all legal action necessary to entbrce this Agreement will be held
in Palm Beam County, Florida
IN WITNESS WHEP, EOF, the parties hereto have caused this Agreement :o be executed.
CITY' OF BOYNTON BEACH, FEORIDA
Gerald Taylor, May~r
:,':l/z'. l.:,> ::
Witnesses:
BRYANT, MILLER & OLIVE,