R01-021
RESOLUTION NO. R01 e::ofl
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTING SERVICES BETWEEN THE
CITY OF BOYNTON BEACH (CITY), AND
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF BOYNTON BEACH (CRA); PROVIDING FOR
THE ESTABLISHMENT OF A FORMAL STAFFING
RELATIONSHIP BETWEEN THE CITY AND THE CRA;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, hereby deems it to be in the best interests of the
citizens and residents of the City of Boynton Beach, to approve a Consulting
Agreement, providing for a formal staffing relationship between the City and the
CRA; and
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
does hereby approve, and authorizes and directs the Mayor and City Clerk to
execute a Consulting Agreement between the City of Boynton Beach and the
Community Redevelopment Agency of the City of Boynton Beach, providing for
a formal staffing relationship between the City and the CRA;, a copy of which
Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of February, 2001 .
ATTEST:
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City lerk
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CONSUL TING SERVICES AGREEMENT BETWEEN
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON
BEACH AND THE CITY OF BOYNTON BEACH.
THIS AGREEMENT, made and entered into this /6 day of ~~UARY, 2001,
by and between:
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF BOYNTON BEACH, FLORIDA
a public agency
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
(hereinafter referred to as "CRA"),
and
CITY OF BOYNTON BEACH, FLORIDA
a municipal corporation
1 00 East Boynton Beach Blvd.
Boynton Beach, FL 33425
(hereinafter referred to as "CITY").
WHEREAS, at the January 10,2001 CRA meeting, the CRA approved entering into an
Agreement with CITY to provide Consulting Services;
NOW, THEREFORE, IN CONSIDERA nON of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
CITY do mutually agree as follows:
Section 1. PURPOSE: The parties agree that the main purpose of this Agreement is for CITY to
provide consulting services to the CRA in connection with the business and activities of the
CRA.
Section 2. SCOPE OF SERVICES:
2.01 This Scope of Services between CRA and CITY will set forth the duties,
obligations and responsibilities of CRA and CITY in the provision of consulting and
related services for the CRA. CITY shall provide the following services during the term
of this Agreement when requested by CRA:
(A) Review the existing and proposed budget and financial documents pertaining to
the CRA and provide other financial services requested by CRA such as monthly
financial reports.
(B) Provide land use planning, zoning and engineering services including project
management and inspection.
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(C) - Assist in the acquisition, disposition and management of real property on behalf
of the CRA.
(D) Review and identify possible grants from Palm Beach County or the State or
Federal government and assist the CRA with grant application process.
(E) The City shall have appropriate staff available when needed to discuss issues with
CRA board members and at CRA Board meetings.
(F) The City shall designate its Director of Development as administrator and the lead
staff liaison person to the CRA; however, other individuals may be designated by
the Director of Development from time to time.
(G) Other city staff members may also be needed from time to time to assist the CRA
with its projects and objectives and the CITY agrees to provide such services
when needed as mutually agreed upon by the parties hereto.
Section 3. RESPONSIBILITIES OF CRA:
3.01 The CRA shall abide by the provisions of Chapter 163 of the Florida Statutes and
use its best efforts in cooperating with the CITY in providing the information and
documentation necessary to the CITY in the performance of the Consulting Services
under this Agreement.
Section 4.
CITY'S RESPONSIBILITIES:
4.01 CITY shall perform the scope of services, as set out in Section 2 and throughout
this Agreement, as the Consultant. Said scope of services shall not be deemed to be all-
inclusive and may be changed from time to time as authorized by the CRA Board and the
City Commission.
Section 5. INDEPENDENT CONTRACTOR STATUS:
5.01 CITY and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
5.02 CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
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Section 6. TERM OF AGREEMENT:
6.01 This Agreement shall be effective on January 10,2001 and shall terminate upon
mutual agreement of the parties hereto.
Section 7. COMPENSATION:
7.01 For the period beginning January 10,2001, CITY shall be paid as follows:
(A) CRA shall pay CITY an amount up to $25,000, annually at a rate of $40 per hour to
be invoiced by CITY on a monthly basis by the lOth day of each month for services
rendered during the prior month. This invoice shall include, but not be limited to, a
summary of services provided, the type of service provided, and approximate time spent
by CITY on behalf of the CRA during this period.
(B) The fee established in 7.01 (A) above is inclusive of expenses for CITY, excluding
however, travel expenses which shall require the prior approval of the CRA. The manner
of reimbursement of such expenses shall be approved by the CRA Board prior to any
travel on behalf of the CRA.
(C) CITY shall continue to provide the required invoice as outlined above. The invoice
shall be sent to the attention of the CRA Director.
Section 8. ASSIGNMENT:
8.01 CITY shall not assign, or transfer their rights, title or interests in the Agreement;
nor shall CITY delegate any of the duties and obligations undertaken by CITY without
CRA'S prior written approval.
Section 9. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT:
9.01 During the performance of the Agreement, CITY shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. CITY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship. CITY
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
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Section 10. NON-EXCLUSIVITY:
10.01 This Agreement is considered a non-exclusive Agreement between the parties.
The CRA shall have the right to purchase the same kind of services to be provided by
CITY hereunder from other sources during the term of this Agreement.
Section 11. GOVERNING LAW: VENUE:
11.01 The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida.
11.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be
litigated in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida.
Section 12. ATTORNEY'S FEES AND COSTS:
12.01 The p~evailing party with a judgment subsequent to any claim, objection or dispute
arising out of the terms of this Agreement shall be entitled to an award of all reasonable
attorney's fees, interest and court costs incurred by such prevailing party against the
losing party including reasonable appellate attorney's fees, interest and taxable costs.
Section 13. ENTIRE AGREEMENT:
13.01 This Agreement contains the entire understanding of the parties relating to the
subject matter hereof superseding all prior communications between the parties whether
oral or written. This Agreement may not be altered, amended, modified or otherwise
changed nor may any of the terms hereof be waived, except by a written instrument
executed by both parties. The failure of a party to seek redress for violation of or to insist
on strict performance of any of the covenants of this Agreement shall not be construed as
a waiver or relinquishment for the future of any covenant, term, condition or election but
the same shall continue and remain in full force and effect.
Section 14. CUMULATIVE REMEDIES:
14.01 The remedies expressly provided in this Agreement to CRA shall not be deemed to
be exclusive but shall be cumulative and in addition to all other remedies in favor of CRA
now or hereafter existing at law or in equity.
Section 15. SEVERABILITY:
15.01 Should any part, term or provision of this Agreement be by the courts decided to
be invalid, illegal or in conflict with any law of this State, the validity of the remaining
portions or provisions shall not be affected thereby.
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Section 16. CONSTRUCTION OF AGREEMENT:
16.01 The terms and conditions herein are to be construed with their common meaning
to effectuate the intent of this Agreement. All words used in the singular form shall
extend to and include the plural. All words used in the plural form shall extend to and
include the singular. All words in any gender shall extend to and include all genders.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
AS TO CRA:
C
AS TO CITY:
CITY OF BOYNTON BEACH
BY: ,~,ll ~-
, Mayor Gerald Broening
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City Attorney
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1 VGCDEJSILlBRARY\ 19901900 182.BB\AGMT\CRA Consulting Agreement.doc
Revised by QLG 01/02/01
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