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1994-034 Consultant Agreement Charles O'MeiliaRESOLUTION N0. 34-94 ' A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CONSULT- ING AGREEMENT WITH CHARLES R. O'MEILIA ~ FOR CONSULTING SERVICES ON MUNICIPAL MATTERS, WHICH CONSULTING AGREEMENT IS ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach is desirous of entering into a Consulting Agreement with Charles R. O'Meilia in order to obtain consulting services from Consultant on municipal projects and other municipal matters for which Con- sultant has acquired an expertise. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach does hereby approve the Consulting Agreement with Charles R. O'Meilia attached as Exhibit "A", which agreement provides for consulting services on municipal projects and other municipal matters for which Consultant has acquired an expertise. Section 2. The Mayor and Village Clerk are hereby autho- rized and directed to execute the Consulting Agreement with Charles R. O'Meilia set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. 1 ' PASSED AND ADOPTED THIS 25th DAY OF August 1994. (Village Sea..l) MAYOR ATTE~B,~%!~i ~_ ~ i~ . = J , ._/.~~/Ae i0. ~ , (%~I/(' / VIL A CLERK 1 1 1 CONSULTING AGREEMENT THIS AGREEMENT is made and entered into this 2~hday of ~c~t 1994, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation, hereinafter referred to as "Village" and CHARLES R. O'MEILIA, hereinafter referred to as "Consultant". W I T N E S S E T H: WHEREAS, Consultant has been employed by Village for over twenty-five (25) years and has acquired a broad knowledge and expertise in municipal affairs serving as Director of Public ' Services of the Village and performing various other duties inclusive of zoning and comprehensive land use matters and having served as Acting Village Manager; and WHEREAS, Consultant is retiring from the Village effective December 1, 1994, and will continue to be a resident of the Village of North Palm Beach; and WHEREAS, Village is desirous of obtaining consulting services from Consultant from time to time on special municipal projects and other municipal matters for which Consultant has acquired an expertise; and WHEREAS, Consultant is desirous of performing consulting services for the Village upon the terms and conditions hereinafter t set forth. u NOW, THEREFORE, in consideration of the mutual promises and ~ covenants contained herein, the parties hereto agree as follows: 1. SERVICES. Consultant shall serve as general advisor and consultant to Village on special projects of the Village and other municipal matters as requested by the Village Manager or the Village Council. The parties contemplate that Consultant shall render services on municipal matters and projects for which Consultant obtained an expertise while an employee of Village. 2. COMPENSATION. For the services performed by Consultant, Village shall pay compensation at the rate of $ 75.00 per hour. Consultant shall present to Village a statement on a monthly basis for services performed during the preceding month. Payment shall be made to Consultant no later than thirty (30) days from date Village receives a monthly statement. 3. TERM. The term of this Agreement shall be for a period of one (1) year subject to termination as hereinafter specified in this Agreement. 4. INDEPENDENT CONTRACTOR. The parties are entering into this Agreement with the specific intent and understanding that Consultant is an independent -2- contractor and shall perform all the duties hereunder in such ~ capacity and not as an employee of Village. Nothing contained within this Agreement is intended nor shall it be construed to make Consultant an employee of the Village for any purpose. 5. TERMINATION. Either Village or Consultant shall have the right to terminate this Agreement without cause at. any time upon ni.net.y (90) days' prior written notice to the other party. 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the ' parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or be binding upon the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. 7. ASSIGNMENT. Consultant shall not have the right to assign this Agreement. 8. ATTORNEYS' FEES. In the event of any litigation arising under this Agreement the prevailing party shall have the right to receive from the losing party all costs and reasonable attorney's fee incurred both at trial and on an appellate level. 9. EFFECTIVE DATE. ' This Agreement shall take effect December 1, 1994. -3- 1 IN WITNESS WHEREOF, the parties have executed this Consulting Agreert~ent on the day and year first above written. 1 ATTEST: o ~G~c~ D~C • VILLAGE CLERK VILLAGE O NORTH PALM BEACH MAYOR Witnesses to Consultant: ~`~~~~~~C~~~ --/= r r /1" " _ ~ _ ~ SEAL ) CHA LES R. O'MEILIA, Consultant