R93-33RESOLUTION NO. R93-~F~
A RESOLUTION OF THE CITY COF~ISSION OF THE
CiTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND ROBERT H. MILLER & ASSOC.,
INC., FOR THE DEVELOPMENT OF THE DESIGN PLAN
FOR DOWNTOWN MANGROVE PARK; A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS EXHIBIT
"A"; ~%~ PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach has
selected Robert H. Miller and Associates as the Engineering/
Architectural firm to prepare the design for the new Downtown
Mangrove Park.
NOW, TF~REFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TPiE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized
and direCted ~ execute an Agreement between the City of Boynton
Beach, Florida and Robert H. Miller & Assoc., for the development
of the design plan for Downtown Mangrove Park, which agreement is
attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
upon passage.
PASSED AND ADOPTED this ~ day of March, 1993.
immediately
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Mayor
Commissioner
co i
Comm± s s ~:~fier
Ci~ Clerk -
(Corporate Seal)
Authsig.doc
CONSULTANT AGREEMENT FORM
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter ~eferred to'as "the City", and KobertS. MillerAssociates ,
hereinafter: referred to as "the Consultant", in Consideration of the
mutual benefits, terms, and conditions hereinafter specified.
Project Designation.
perform professional
project designated
The C~onsultant is retained by the City
services in connection with the
Downtown ~an~rove Park
agrees to perform the services,
including the
provision of all labor, materials, equipment a~d supplies.
Time fo~ -Performance.
upon;
to
all t
Work under this contract shall commen=e
of Written notice by the City to the Consultant
shall perform all services and provide
required pursuant to this agreement
from the date written notice is
unless an extension of such time is granted in
City.
work and
a.
The Consultant shall be paid by the City for completed
for services rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made as
provided pn EXhibit 'B" attached hereto, provided that the
total amount of payment to Consultant shall not exceed
$ 30.00~ ~ without express written modification of the
agreement signed by the City.
may submit vouchers to the Cisy once per
mot the progress of the work for partial payment
)teted to date. Such vouchers will be
~he City, and upon approval thereof, payment will
be made to the Consultant in the amount approved.
Final payment of any balance due the Consultant of the
contract price earned will be made promptly upon its
~scertainment and verification by the City after the
cDmpletion of the work under this agreement and its
~cceptance by the City.
Drovided in this section shall be full
for work performed, services rendered and for
Lals, supplies, equipment and incidentals necessary
work.
The Consultant's records and accounts pertaining to this
agreement are to be kept available for inspection by
representatives of the City and state for a period of
Consultant Agreement
Page 2
three (5) years after final
a~ilab~e upon request~
payments.
Copies shall be
made
Use of Documents. Ail documents,
and other materials produced by
are
to ret
specifications f
w~th Consultant'
drawings,
the Consultant in
shall
they
~ltant shall be permitted
copies, of drawings and
~erence anduse inconnection
.ia~ce with laws./- consultant shall, in performing the
servic observe a~d
rendered
o
Indemnification.
harmless the
~tant si
and hold
from and
or any portion
sing from injury
disease or
occasioned by a
Consultant.
of the
Insurance. The Consultant shall secure and ~aintain in force
throughout the duration of this cO~traCt comprehensive general
liability insurance with a minimumco~ex 000 per
occurrence and $1,0 injury; and
$500,000 per occurrence/ag~rega=~ fo~ prop~rty damage, and
professional liability insurance in i~he am~nt 0f $1,000,000.
Said general liability policy Shall name the City of Boynton
Beach as an additio~ include a
provision prohibitlng except upon
thirty (30) days~prior City. Certifica~_~
of coverage as be delivered to
City within fifteen I this agreement.
Independent Contractor. The Consultant and the City agree that
the Consultant is an independent contractor, with respect to the
services provided pursuant ~to ~his a~rleemeq~. Nothing in this
agreement shall be consider~ed to C~eate ithe relationship of
employer and employee between the Pa=ties hereto. Neither
Consultant nor any employee of Consultant ~hall be entitled to
any benefits accorded .City employe~s viutue of the serv!ces
provided under this agreement, not be responsible
for withholding or otherw income tax or
social security or for cont.: state industrial
insurance program, otherwise duties of an employer
with respect to Consultant, or any employee of Consultant.
Consultant Agreement
Page 3
10. Covenant Against Contingent Feel.. The Consultant warrants that
Qe has not employed or retained any Company or person, other than
bonafide employee working solely for the Consultant, to solicit
or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a 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 maki'ng of this contract. For
breach or violation of this warranty, the City shall have the
right to annul this contract without liability or, in its
discretion, to deduct from the contract price or consideration,
percentage, brokerage fee, g~ft, or contingent fee
11. Discrimination Prohibited. The Consultant, with regard to the
work performed by. it under this agreement, will not discrimlnate
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 re~ention of employees or
materials or supplies, procurement of
12. ~. The Consultant shall no?sublet or assign any of the
services covered by this agreement without the express
consent of the City. written
13. Non-Waiver. Waiver by'the
agreement or any time
shall not constitute
14. Termination.
provision of this
provided for in this agreement
~f any other provision.
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 memb
' ers of the Consultant
hereby agree to complete the work under the ~
a~re~ment, if requested to do ~ ~ ....... erms.of this
snal£ not be a bar to rene .... ~.~ ~ne ulty. Th~s section
~uu~anlons of this agreement
thebetween City surviving so chooses, members of the Consultant and the City, if
~. Any dispute arising out of the terms or conditions of
this agreement shall be adjudicated within the Courts of F1Drida.
Further, this agreement shall be construed under Florida Law.
Consultant Agreement
Page 4
16.
Notices. Notices to the City of Boynton Beach shall
sent to the following address:
:h
Att
?L .33425-0310
carrie Parker
~.to.~ Copsultant shall be sent to the following
Leo Sch~artzbe~.
be
Robert H. N~ll,r &Associates
~[BO0~. Douglas Road. Suite 200
Pembroke P~"~ FL 33024
17. Integrated Agreement. This Agreement, together with
attachments or addenda, represents the entire and
integrated agreement between the City and the
Consultant and supersedes all prior negotiations,
representa~ions~, or~ agreements written or oral. This
agreement way he amended, only by written instrument
signed by both ~ityl and Consultant.
DATED this day of 199
CITY OF BOYNTON BEACH
Mayor
Consultant
Attest/Authenticated:
Title
City Clerk
(Corporate Seal)
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney Secretary
Rev. 1/22/91