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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