R98-087RESOLUTION NO. R98-~¢~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUHTORIZING
THE TRANSFER OF REPRESENTATION AND FILES
TO SMITH, BALLARD, BRADSHAW AND LOGAN, P.A.
FROM BRYANT, MILLER AND OLIVE, P.A. IN
CONNECTION WITH AN AGREEMENT FOR
PROFESSIONAL SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has a contract with Brian Ballard,
Esq. of the law firm of Bryant, Miller & Olive, P.A, for Professional Services in
connection with lobbying efforts before the Florida Senate and House of
Representatives; and
WHEREAS, Brian Ballard has decided to leave the Bryant, Miller and Olive,
P.A., and start a new firm to be known as Smith, Ballard, Bradshaw and Logan,
P.A.; and
WHEREAS, the City desires to continue its relationship with Brian Ballard,
and in order to do so., must authorize the transfer of representation and files to the
firm of Smith, Ballard, Bradshaw and Logan, P.A.; and
WHEREAS, transferring the files and representation effectively amends the
existing agreement between the City and Brian Ballard, Esq.; and
WHEREAS, the City 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 authorize the transfer of representation and files to Smith, Ballard,
Bradshaw and Logan, P.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
II
THE CITY OF BOYNTON BEACH, FLORIDA~ THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize the transfer of representation and services from Bryant, Miller
and Olive, P.A. to Smith, Ballard, Bradshaw and Logan, P.A. in connection with an
agreement for professional lobbying services, a copy of said authorization being
attached hereto as Exhibit "A.
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of May, 1998.
ATTEST:
Cit~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor Pro Tem
Commissioner
Commissionor
AGREEMENT FOR PROFESSIONAL SER'v'ICES
BETWEEN THE CITY OF BOYNTON BEACH AND
BRYANT, MILLER & OLIVE, P.A.
The following is an Agreement between the City of Boynton Beach, hereinafter referred to
"~ITY"
as t; , aha in the firm of Bryant, Miller & Olive, P.A., a Florida corporation, hereinafter
referred to as "CONTRACTOR."
WHEREAS, CONTRACTOR has duly qualified experts in the field of comprehensive
legislative and administrative legal practice; and
WHEREAS, in the judgment of the Council Members of the City of Boynton Beach, it is
necessary 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 the State.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
PART I - SPECIAL PROVISIONS
A. SERVICES TO BE PROVIDED: CONTRACTOR shall consult and advise, as
requested, on all proposed or pending legislation before the Florida Senate and House of
Representatives in regular session, special session or committee of the Florida House and Senate,
and regulatory or funding matters before the Governor, Cabinet, State agencies, or other public
bodies of the State on an "as needed" basis, including but not limited to:
1. Assisting in the development of strategies to deal with the governmental agencies
who regulate and fund municipal programs such as infrastructure, transportation, land use,
environmental and housing programs;
2. Advocating CITY interests during the Florida legislative or regulatory process;
3. Providing the CITY with a written report of activities under this Agreement at any
time upon request.
4. Providing the CITY with regular reports during the regular session and special
session, and a summary of all legislative changes at the end of the regular session and any special
session.
B. PAYMENT: CONTRACTOR'S compensation for the services provided
hereunder shall not exceed $40,000 per year. A monthly $3,300 fee invoice shall be submitted by
CONTRACTOR at the first of each month. The CITY shall reimburse the CONTRACTOR for
travel expenses authorized by the CITY, subject to the limitations and requirements of Section
112.061, Florida Statutes.
C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will
have Brian Ballard, Managing Partner of CONTRACTOR'S firm, in the performance of
CONTRACTOR'S duties hereunder, and has relied on that representation as an inducement to
entering into this Agreement.
PART H - GENERAL PROVISIONS
A. 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 effect whatsoever unless and until the other party shall have so
consented.
B. STATUS OF CONTRACTOR: The 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. CONTRACTOR 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.
C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS,
AND MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may
be given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
CITY:
Kerry Willis
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
(561)375-6000
CONTRACTOR:
Brian Ballard
Bryant, Miller & Olive, P.A.
201 South Monroe Street
Suite 500
Tallahassee, FL 32301
(904) 222-8611
D. TERMINATION: The CITY or CONTRACTOR shall have the right to
terminate this Agreement, with or without cause, by giving 30 days written notice.
E. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable
federal, state, and local laws, rules, and regulations in regard to non-discriminations in
employment because of race, color, ancestry, national origin, religion, sex, age, marital status,
medical condition, or physical or mental disability.
F. CONFLICT OF 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 112, Florida Statutes, as amended, and agrees that it will fully comply in all respects with
the terms of said laws.
G. TERM OF AGREEMENT: Upon execution, this Agreement shall become
effective December 1, 1997, and shall terminate on December 31, 1998.
H. JURISDICTION: 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 shall govern to the exclusion of the law of any other formu, without regard to the
jurisdiction in which the action or special proceeding may be instituted.
I. VENUE: Any and all legal action necessary to enforce this Agreement will be held
in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
CitfClerk
By:
Kerry WilligCity Manager
Witnesses:
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B~ Dt/B allard[/Managing Partner