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90-KK 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. ~-/~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND JOSIAS & GOREN, P.A., A COPY OF THE AGREEMENT IS ATTACHED HERETO AND IDENTIFIED AS EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City under its Charter needs and requires the ~ervices of a City Attorney; and WHEREAS, the City Commission of the City of Boynton Beach, ~lorida, has decided to enter into an Agreement with Josias & 3oren, P.A., for their services as City Attorneys; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISISON OF THE ~ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton 3each, Florida, hereby authorizes the proper City Officials to ~xecute the attached Agreement between the City of Boynton Beach, ?lorida and Josias & Goren, P.A., for their services as City ~ttorneys. A copy of the Agreement is attached hereto and identified as Exhibit Section 2. If any clause, section, or other part of this ~esolution shall be held by any Court of competent jurisdiction ~o be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way ~ffecting the validity of the other provisions of this ~esolution. Section 3. :onflict herewith ~onflict. Ail Resolutions or parts of Resolutions in are hereby repealed to the extent of such Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3~0 31 32 33 34 Section 4. This Resolution its passage and adoption. shall become effective upon PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THIS c~ DaY OF //~,z~/ , 1990. CITY Vic ss~oner ~~oner C~m~ss~oner ATTEST: CITY CLERK (CORPORATE SEAL) P®B RE SOLUTN Page 2 of 2 EMPLOYMENT AGREEMENT THIS AGREEMENT dated this ~O day of /~~/ 1990, between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter "CITY" and JOSIAS & GOREN, P.A., attorneys, duly admitted to practice in the State of Florida, and members in good standing of the Florida Bar, hereinafter "ATTORNEY". WHEREAS, the CITY under its Charter possesses the power of authority to retain the professional services of a City Attorney; and WHEREAS, the ATTORNEY and the CITY desire to enter into a professional services employment agreement; NOW THEREFORE, in exchange of the mutual considerations contained below and other good and valuable considerations, the parties covenant and agree as follows: 1. The Attorneys for March 8, 1990. CITY hereby employs the ATTORNEY as City the City of Boynton Beach, Florida , effective 2. In consideration provided by the ATTORNEY, ATTORNEY as follows- of the professional services to be the CITY hereby agrees to pay A. General Retainer - $75,000.00 per year, payable in equal monthly installments of SIX THOUSAND TWO HUNDRED FIFTY ($6,250.00) DOLLARS, plus customary costs reimbursement. B. Litigation, Arbitration or other proceedings before administrative tribunals - $100.00 per hour, plus customary costs reimbursement. C. Property forfeitures under the Florida Contraband Forfeiture Act. $800.00 per forfeiture for all vehicle or tangible personal property forfeitures. Forfeitures involving real property or complex multi-jurisdictional proceedings would be handled at the hourly rate of $100.00 per h!our. D. Collective Bargaining - $100.00 per hour when serving as the City's designated collective bargaining agent or participating in collective bargaining sessions. Exhibit "A" 3. The ATTORNEY hereby agrees to undertake the position of City Attorney and shall faithfully represent the legal and public interest of the CI~f as Attorney for the term of this Agreement and shall perform all legal services required by the CITY during the term of this Agreement or as set forth in the City Charter. 4. The ATTORNEY serves at the pleasure and discretion of the City Commission. This Agreement is terminable by the CITY at any time. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year Signed and sealed by the CITY in the presence of first above wry. // Mayor Gene Moore / /T E BEAC /. SCOTT MILLER ity Manager ATTEST: ~it~erk (Seal of t~he City of Boynton Ben, Florida) Signed and sealed by the JOSIAS &~REN,~.A.~/// / ATTORNEY in the presence of JAC/i~ P/B EMPAGR