R97-107 RESOLUTION NO. R97-/~"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTANT AGREEMENT FORM
BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA PLANNING GROUP, INC., IN CONNECTION
WITH THE PROJECT DESIGNATED "CITY OF BOYNTON
BEACH FIVE YEAR CONSOLIDATED PLAN"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, has deemed it to be in the best interests of the citizens
and residents of the City to execute a Consultant Agreement Form with Florida
Planning Group, Inc., in connection with the project designated City of Boynton
Beach Five Year Consolidated Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby authorizes and directs the Mayor and City Clerk to execute a
Consultant Agreement Form between the City of Boynton Beach and Florida
Planning Group, Inc., in connection with the project designated "City of'Boynton
beach Five Year Consolidated Plan".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this / day of July, 1997.
ATTEST:
Cit~'Clerk
ca:wp%Reso%Florida Planning Group
CITY Of BOYNTON BEACH,
FLORIDA _
ayor ,
Corn'missioner
Commissioner
CONSULTANT AGREEMENT FORM
THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter
referred to as "the City", and FLORIDA PLANNING GROUP, INC., a Flodda
corporation, 9471 Baymeadows Road, Suite 401, Jacksonville, FL 32256, hereinafter
referred to as "the Consultant", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform _
Consultant services in connection with the project
designated City of Boynton Beach Five Year Consolidated Plan.
SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials,
equipment and supplies.
TIME FOR PERFORMANCE. Work under this.contract shall commence upon
the giving of written notice by the City to the Consultant to proceed. Consultant
shall perform all services and provide all work product=required pursuant to this
agl Two from the
date written extension of such time is
granted in writing =by the City.
PAYMENT. The Consultant shall be paid by the City or completed work and for
services rendered under this agreement as follows:
ayment fOrrthe work provided by Consultant shall be made as provided on F_.>0hibit "B"
ttached hereto, provided that the total amount of payment to Consultant shall not e~ceed
Twenty-four Th0~sand Five Hundred Dollars ($24 500) without express written modification
of the agreement signed by the City. '
b. The Cons
work
vouchers to the City once per month dudng the progress of the
~nt for project completed to date. Such vouchers will be checked by
payment will be made to the ConsUltant in the amount
the
balance due the Consultant of the total contract price earned will be
ascertainment and verification by the City after the Completion of
reement and it's acceptance by the City.
shall be full compensation for work performed,
naterials, supplies, equipment and ncidentals necessary to
The Consultant's records and accounts pertaining to the agreement are to be kept
available for inspection by representatives of the City and State for a period of three 93)
years after final, payments. Copies shall be made available upon request.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings,
specifications, nd other materials Il'
with the ser~
whether the
ion
of the City
3nsultant
Consultant's endeavor's.
LAWS. Consultant shall, in performing the services
conter faithful Ih'all federal,
state, ordinances the
services to be rendered under this. Agreement.
City, ts,
ar
Consultant shall indemnify, defend and hold harmless the
from and aga nst any and all claims
I costs,
10.
minimum coverage of
of sl
within
INDEI
pursuant to this agreement.
create the relationship of employer ar
Neith~
accor
a
deducting federal incom~
ind~
res any er
COVENANT AGAINST CONTINGENT
has not emp oyed °r reta ned any COmPany
employee working solely for the ConsUltant,
that he has not paid or agreed to pay any
hout the
s an
cancellation
he City.
City
the City agree that the
'ices provided
considered to
.ties hereto.
to any benefits
· this
to the state
an employer with
;onSultant warrants that he
other than a bonafide __
,r secure this contract, and
person, other than a ~
11.
12.
13.
14.
15.
16.
bonafide.employee working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of
this warranty, the CitY shall be the right to annul this contract without liability or,
in its discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift
or contingent fee.
DISCRIMINATION PROHIBITED. The Consultant, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of
race, color, national origin, religion, creed, age, sex or the presence of any
physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services
covered by this agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any
time limitation provided for in this agreement shall not constitute a waiver of any
other provision.
TERMINATION.
The City reserves the right to terminate this agreement at any time by
giving ten (10) days written notice to the Consultant.
In the event of the death of a member, partner or officer of the Consultant,
or any of its supervisory personnel assigned to the project, the surviving
'members of the Consultant hereby agree to complete the work under the
terms of this agreement, if requested to do so by the City. This section
shall not be a bar to renegotiations of this agreement between surviving
members of the Consultant and-the City, if the City so chooses.
DISPUTES. Any dispute out of the terms or conditions of this agreement shall
be adjudicated within the courts of Florida. Further, this agreement shall be
construed under Florida Law.
NOTICES, Notices to the City of Boynton Beach shall be sent to the following
address:
CITY Of BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: City Manager
17.
Notices to Consultant shall be sent to the following address:
FLORIDA PLANNING GROUP, :INC.,
947 leadowS Road
Jacksonville, FRL 32256
ATTN:sTEPHEN 3. KELLY, Principal
INTE( agreement, together with attachments or
addenda, City and
the ~, representations, or
agreements written .~ment. may be amended only by written
instrument signed by both the City and Consultant.
DATED this / day of
CITY OF BOYNTON BEACH
Mayor J
Attest/Authenticated:
Cit~'Clerk
Approved as to For ,n~/.
Office of trio City Attorney
Title
(Corporate Seal)
Attest/Authentica ! ..~/-J