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OKMS/CRA OKEECHOBEE MAIN STREET INC. /CITY OF OKEECHOBEE/CRA AGREEMENT THIS AGREEMENT is entered into between OKEECHOBEE MAIN STREET, INC., (hereinafter referred to as "OKMS the CITY OF OKEECHOBEE (hereinafter referred to as the "CITY", and THE COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA WHEREAS, OKMS has demonstrated special expertise in promoting the economic, physical and aesthetic redevelopment and maintenance of the downtown area, and these activities are directly and indirectly related to implementing the Downtown Redevelopment Plan; therefore, for mutual consideration, the parties hereby agree as follows: 1. Term of Agreement. The term of this agreement shall be for the period of one year, from October 1, 2009 through September 30, 2010. This Agreement may be extended on an annual basis by mutual agreement including, but not limited to, negotiation/agreement of compensation. 2. Scope of Services. OKMS and its Executive Director shall devote their best professional efforts towards the following: a. Provide assistance to the CITY, when solicited, for CRA administration where OKMS resources allow and are applicable. b. Maintain an inventory/data base of occupied and vacant properties in the Local Program Area (LPA), to be updated quarterly. Information relating to vacant properties will be reported by address. c. Actively recruit new business development for the LPA and maintain records of contacts and promotion. d. Promote awareness of the downtown community through production and management of promotions including but not limited to, the Annual Lighting Ceremony and any other special events to be planned in the future by the CITY. 3. Compensation. The CITY agrees to pay OKMS, from its General Fund, a fee of $15,000.00 for contract year ending September 30, 2010. Any monies to be appropriated by the CITY to OKMS after the contract year mentioned above are subject to annual allocation during the budget process. a. The CITY agrees to provide in -kind services for road closings for the various events throughout each year of this contract. b. The CITY agrees to provide postage up to $100 per month, not to be carried over from month- to-month, for Main Street mailings handled by the City staff. 4. Reporting. OKMS shall deliver a statement of activities to the City, through monthly reports provided to the City Finance Department. These reports shall include detailed information regarding projects undertaken and downtown vacant property status. 5. Indemnification. OKMS shall indemnify and hold harmless the CITY from any loss cost of claim of damages, if such loss, cost or claim of damages is caused by the negligence of OKMS or its officers, agents or employees acting within the scope of their employment. This Agreement may be terminated by the CITY if OKMS fails to maintain general liability insurance in a minimum amount of $1,000,000.00 per claimant and $200,000.00 per occurrence. 6. Termination. This agreement may be cancelled by either party upon thirty (30) days written notice to the other. Any funds to be appropriated by the CITY to OKMS are subject to annual allocation during the budget process. OKMS shall hold the CITY harmless from enforcement of such funding, in the event the CITY, in its sole discretion, should determine that future funding is not financially feasible. In the event this agreement should be terminated during the Fiscal Year of the CITY, OKMS shall not be liable to return or pro-rate any funding previously approved and advanced to OKMS by the City Council. SIGNED BY OKEECHOBEE MAIN STREET, INC., this 3rd day of l erber 2009. By: A/. IIS Maureen Burroughs OKMS President SIGNED BY CITY OF OKEECHOBEE this 3rd day of N ro rber 2009. By: es E. Kirk, Mayor A 'T: .��.��d��.�►..�:1� Lane Gamiotea; ity Clerk REVIEWED FOR LEGAL SUFFI IENCY: John R. Cook, City Attorney Y