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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: .,.\\\\\~ili?tll!/~//// Commissioner ~ommission ~ ~....._j - 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,