R06-168
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2 RESOLUTION NO. R06- It..e
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5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 MARKETING & EVENTS COOPERATIVE BETWEEN
8 THE CITY OF BOYNTON BEACH AND THE BOYNTON
9 BEACH COMMUNITY REDEVELOPMENT AGENCY
10 TO COMBINE RESOURCES, IDEAS AND EFFORTS TO
11 PLAN EVENTS FOR THE CITY AND CRA; AND
12 PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, the City of Boynton Beach and the Boynton Beach Community
16 Redevelopment Agency have developed a marketing and events partnership in order to
17 combine resources, ideas and efforts to plan events for the City and CRA; and
18 WHEREAS, this Agreement would expand that partnership; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
21 City of Boynton Beach to approve the Marketing & Events Cooperative between the City of
22 Boynton Beach and Boynton Beach Community Redevelopment Agency permitting the CRA.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
26 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby approve the Marketing & Events Cooperative between the City of Boynton Beach and
29 the Boynton Beach Community Redevelopment Agency to heip improve the quality and
30 variety of special events in the City, a copy of said Agreement is attached hereto as Exhibit
S:\CA\RESO\Agreement.s\CRA (Marketing & Events).doc
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"'A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of October, 2006.
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21 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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Commissioner -
S:\CA\RESOlAgreements\CRA (Marketing & Events).doc
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MARKETING & EVENTS COOPERATIVE
BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this 5 day of ~~IL 2006,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, hereinafter referred to as the "CRA," and the CITY OF BOYNTON
BEACH, hereinafter referred to as the "CITY," (collectively referred to as "the parties").
WIT N ES SET H:
WHEREAS, the CRA is a Community Redevelopment Agency created pursuant
to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of the
City of Boynton Beach located within its geographically designated redevelopment area;
and
WHEREAS, the City is a Florida municipal corporation; and
WHEREAS, the parties hereto desire to enter into a Marketing and Events
Cooperative in order to combine resources, ideas, and efforts to plan events for the CRA
and the City. The parties propose to achieve this goal through the hiring of a "Special
Events Manager."
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained the parties hereby agree as follows:
I. Term. The term of this Marketing Cooperative shall be on a fiscal year
basis commencing on October I, 2006 and ending on September 30, 2009, unless
extended in writing by the parties.
2. Staffing. The parties agree that the day-to-day affairs of the Marketing
and Events Cooperative shall be administered by a staff person to be known as the
"Special Events Manager." For employment purposes, the Special Events Manager shall
be deemed to be an employee of the CRA and the CRA will be responsible for all
compensation, insurance, taxes and reporting requirements relating to their employment
except that the CITY will reimburse the CRA for its portion of the Special Events
Manager's salaries and benefits as specified below. It is understood that this shared
position shall assist both parties in administering their events regardless of the funding
source.
3. Duties and Responsibilities. The duties and responsibilities of the Special
Events Manager will generally be as follows:
· Plan, develop, coordinate and market special programs and events for the
City and CRA.
· Coordinate City and CRA participation in and presence at special events
citywide, including but not limited to Holiday Events (including holiday
parade, holiday tree lighting f/kJa A Season of Peace and Holiday
concert), Heritage Fest (or its successor), Oceanfront Concert Series,
Medieval Faire, Pirates of the Intracoastal, 4th of July Salute to
Independence, and/or other programs that the City or CRA deem
necessary, appropriate, desirable and consistent with the mission and
vision of the Marketing & Events Cooperative.
· Provide planning and coordination to the Events Committee, which shall
consist of representation from the City's Public Affairs office,
representation from the City's Recreation & Parks department and
representation from the CRA.
· Participate in meetings for special events, serve as a City and CRA
resource to identify and address special events needs, issues and concerns
and coordinate outreach plans to publicize and meet the needs of special
events.
· Other duties as assigned and/or defined in a complete job description.
4. Capital Contribution. The parties hereby agree to contribute to the
Marketing and Events Cooperative the following sums based on an annual salary of Fifty
Five Thousand Dollars ($55,000.00) in support of the Marketing and Events Cooperative
for the term of this Agreement:
A. CRA - The CRA agrees to contribute 51 % to the Marketing and
Events Cooperative which equates to the sum of Twenty Eight Thousand and Fifty
Dollars ($28,050.00) for the period beginning October I, 2006 to September 30, 2008,
unless extended in writing by the parties. The CRA also agrees to contribute 51 % to the
Marketing and Events Cooperative benefits package which equates to the sum of Seven
Thousand Four Hundred Forty Three Dollars ($7,443.00) for the same period.
B. CITY - The CITY agrees to contribute 49% to the Marketing and
Events Cooperative the sum of Twenty Six Thousand Nine Hundred and Fifty Dollars
($26,950.00) for the period beginning October I, 2006 to September 30, 2008, unless
extended by the parties in writing. The City also agrees to contribute 49% to the
Marketing and Events Cooperative benefits package which equates to the sum of Seven
Thousand One Hundred Fifty One Dollars ($7,151.00) for the same period.
C. Joint events, defined as those events sponsored by and involving
both the CITY and the CRA on an equal basis, will be shared in accordance with the
51/49 percent formulae for both expenses and revenues. Joint events are limited to the
following CITY/CRA events: The Pirates of the Intracoastal, Holiday Fest, and Heritage
Fest. All other events that are initiated by one party or the other will be the responsibility
of the initiating agency for both expenses and revenues even though such events will be
managed by the shared position described herein.
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5. Fiscal Considerations. It is understood by the CITY and the CRA that
salary and benefits for the above described position shall be paid in full by the CRA;
whereupon, the CRA will bill the City with an itemized accounting of salary and benefits
expended on a monthly basis using the 51/49 formulae. In addition, the expenses for the
"joint events" will also be paid for by the CRA and the City will be invoiced after each
event, based on the 51/49 % formulae. It is further understood that any revenue derived
from any 'Joint event" shall be remitted to the CRA; whereupon, the CRA will remit to
the City its share of monies as soon as possible using the 51/49 formulae. If, prior to the
end of the fiscal year, the CRA has excess revenue that it cannot appropriate to any
events expense, it shall remit those revenues to the City where they will be held in trust.
6. Performance Review. An annual performance review will be conducted
on or before June 15th of each year this Agreement is in effect by the CITY Manager and
the CRA Executive Director. Depending on the results of the performance review, the
CITY Manager and CRA Executive Director may then recommend that the term of this
Agreement be extended beyond the term set forth herein.
7. Office Location. The Special Events Manager shall maintain an office for
the period of this Agreement at the CRA office located at 915 S. Federal Highway,
Boynton Beach, Florida.
8. Applicabilitv of Sunshine Law. The parties hereto agree that the conduct
of the affairs of the Marketing and Events Cooperative shall be in accordance with
Chapter 286.0 II, Florida Statutes, governing the Sunshine Law and that the records of
the Marketing and Events Cooperative shall be deemed Public Records pursuant to
Chapter 119, Florida Statutes, and administered accordingly.
9. Governing Law. This Marketing and Events Cooperative shall be
governed by and construed in accordance with the laws of the State of Florida.
10. Severabilitv. If any provision of this Agreement or application thereof to
any person or situation shall to any extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
11. Entire Agreement. This Agreement constitutes the entire understanding
of the parties regarding the position of the Special Events Manager and any previous
agreements, whether written or oral, are hereby superseded by this Agreement. This
Agreement may be modified in accordance with paragraph 10 below.
12. Modification of Agreement. This Agreement may be modified upon
mutual consent of the parties only in writing.
13. Binding Authoritv. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
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Agreement on behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Agreement.
14. Disputes. In the event of any dispute arising among the parties with
respect to the interpretation or the respective rights or obligations provided for by this
Agreement, the same shall be resolved by mediation with such mediation to be conducted
between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and
all legal actions necessary to enforce this Agreement will be conducted in Palm Beach
County, Florida. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power or remedy hereunder shall preclude any other or
further exercise thereof.
15. Interpretation. This Agreement shall not be construed more strictly against
one party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the parties.
16. Notices. Any and all notices required or permitted to be delivered
pursuant to the terms of this Agreement shall be effective upon receipt, but in any event
no later than three (3) days after posting by U.S. Mail, certified or registered, postage
prepaid or one (1) day after delivery to an expedited courier service such as Federal
Express to the addresses listed below. Any of the parties described herein may change
their address by giving notice to all other parties set forth in this subsection.
If the CITY:
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attention: Kurt Bressner, City Manager
With a copy to:
James A. Cherof, City Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
If the CRA:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Attention: Lisa A. Bright, Executive Director
With a copy to:
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
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Effective Date.
This Agreement shall become effective on the date
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last signed by the parties.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
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By:
Chainnan
Date: 10 - s- ob
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ested by:
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CITY OF BOYNTON BEACH
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Date: /el ~ S-- 0 b
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,AP.PR~'yEO A~ TO. _ FORM: .//J
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I) A"5f.. CITY ATTORNEY
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