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.
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' PASSED AND ADOPTED THIS 25th DAY OF August 1994.
(Village Sea..l)
MAYOR
ATTE~B,~%!~i ~_ ~ i~ . = J , ._/.~~/Ae i0. ~ , (%~I/('
/ VIL A CLERK
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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.
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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
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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.
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IN WITNESS WHEREOF, the parties have executed this Consulting
Agreert~ent on the day and year first above written.
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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