R24-036 1 RESOLUTION NO. R24-036
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
4 AGREEMENT TO TERMINATE THE ECONOMIC DEVELOPMENT
5 PLANNING INTERLOCAL AGREEMENT BETWEEN THE CRA AND THE
6 CITY FOR PARTIAL FUNDING OF ECONOMIC DEVELOPMENT PLAN
7 PERFORMED BY FLORIDA INTERNATIONAL UNIVERSITY; AND
8 PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, on September 14, 2021, the City of Boynton Beach executed an agreement
10 with Florida International University (FIU) to develop an Economic Development Plan for the
11 City of Boynton Beach; and
12 WHEREAS, the City requested assistance from the CRA in funding a portion of the
13 $75,000 Economic Development Plan; and
14 WHEREAS, a component of the Plan involved providing specific economic
15 development information within the CRA area, including a CRA Business Survey and
16 Entrepreneurial Ecosystem; however, on December 19, 2023,the City sent an email to CRA staff
17 stating the CRA scope of work was not included in the final report and that the City would not
18 seek reimbursement; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
20 recommendation of staff, deems it to be in the best interests of the City residents to approve
21 and authorize the Mayor to sign the Agreement to Terminate the Economic Development
22 Planning Interlocal Agreement between the CRA and the City for Partial Funding of Economic
23 Development Plan Performed by Florida International University.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. Each Whereas clause set forth above is true and correct and
27 incorporated herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
29 approve and authorize the Mayor to sign the Agreement to Terminate the Economic
30 Development Planning Interlocal Agreement between the CRA and the City for Partial Funding
S:\CC\WP\CCAGENDA\2024\02-20-2024 CC\Resolution No.R24-036-Approve Agreement To Terminate The Economic Development
Planning ILA.Docx
31 of Economic Development Plan Performed by Florida International University. A copy of the
32 Agreement to Terminate is attached hereto and incorporated herein as Exhibit "A."
33 Section 3. That this Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 20th day of February 2024.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37 /
38 Mayor—Ty Penserga
39
40 Vice Mayor—Thomas Turkin
41
42 Commissioner—Angela Cruz
43
44 Commissioner—Woodrow L. Hay
45 ✓
46 Commissioner—Aimee Kelley
47
48 VOTE
49 ATT -
50
51 ----- 4_
52 Maylee e us, MPA, ► C Ty Pen.4
53 City Cie k Ma, •
54
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59 Shawna G. Lamb
60 City Attorney
S:\CC\WP\CCAGENDA\2024\02-20-2024 CC\Resolution No.R24-036-Approve Agreement To Terminate The Economic Development
Planning ILA.Docx
AGREEMENT TO TERMINATE ECONOMIC DEVELOPMENT PLANNING INTERLOCAL
AGREEMENT
This Agreement to Terminate Economic Development Planning Interlocal Agreement
("Termination Agreement") is hereby entered into between the City of Boynton Beach, Florida
("City") and the Boynton Beach Community Redevelopment Agreement ("CRA").
WHEREAS, on January 27, 2022, the City and CRA entered into the Interlocal Agreement
between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency
regarding Economic Development Planning with Florida International University ("ILA"), a copy
of which is attached hereto as Exhibit A and hereby incorporated herein as if fully set forth; and
WHEREAS,the purpose of the ILA was to establish a mechanism for the CRA to reimburse
the City for certain portions of economic development planning services, which services were to
be provided to the City by Florida International University (the "Scope of Services"); and
WHEREAS,the Scope of Services called for the creation of an Economic Development Plan
("the Plan"); and
WHEREAS, pursuant to Section 2.1 of the ILA the Plan was expected contain a section
dedicated to the.CRA and contain a summary of findings applicable to the CRA or the CRA area;
and
WHEREAS, pursuant to the ILA, the City was also required to provide the CRA with an
opportunity to review and comment on the Plan before it was finalized; and
WHEREAS, in return, the CRA agreed to provide the City with funding for reimbursement
of the aforementioned Scope of Services and the Plan; and
WHEREAS, the Plan has been completed and fully paid for by the City; and
WHEREAS, on December 19, 2022,the City advised the CRA that the Plan does not contain
the sections dedicated to the CRA as required by the ILA; and
WHEREAS, the City further advised that it is not seeking reimbursement from the CRA
pursuant to the ILA;
NOW THEREFORE, in having mutually agreed that the consideration in the ILA was not
provided as intended and for the good and valuable consideration of maintaining a positive
working relationship between the City and CRA,the City and the CRA hereby agree as follows:
1. Recitations. The recitations above are hereby incorporated herein as if fully set forth.
2. Termination. The parties hereby agree that effective immediately upon approval of this
Termination Agreement by the City and CRA,the ILA shall immediately terminate and the
parties shall have no further obligations under the ILA except for those obligations that
survive termination pursuant to the terms of ILA.
4890-6441-9227,v. 1
3. Effective Date. This Termination Agreement will become effective at the date and time
that the last party signs this Termination Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to
be executed on the day and year written below.
Boynton Beach Community Redevelopment Agency
ATTEST: CBy: /_/I
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Print Nam:. / y 4us'r- A
Title: of
Date: 2//$ ZO2y
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: e lliC-�
CRA
ttorney
City of Boynton Beach, Florida
ATTEST: By:
Print Name:
Title:
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
City Attorney
4890-6441-9227 v. 1
3. Effective Date. This Termination Agreement will become effective at the date and time
that the last party signs this Termination Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to
be executed on the day and year written below.
Boynton Beach Community Redevelopment Agency
ATTEST: By:
Print Name:
Title:
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
CRA Attorney
City of Boynton Beach, Florida
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:,ekM j. .C2Whi
City Attorney
4890-6441-9227,v. 1
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(Economic Development Planning with Florida International University)
THIS AGR�EryIENT ("Agreement" or "Interlocal Agreement''), is made and
entered into 27 n 01- Sccnuajt) , 2021, by and between the City of
Boynton Beach, a Florida municipal, corporation (hereinafter "Boynton Beach"),
and the Boynton Beach Community Redevelopment Agency, a public agency
duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter
"CRA") collectively referred to as the "Parties" or individually referred to as a
"Party".
WITNESSETH:
WHEREAS, the Parties are authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes
(hereinafter the "Act") to make efficient use of their respective powers, resources,
authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby provide the facilities and efforts identified herein in the
manner that will best utilize existing resources, powers and authority available to
each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which the
Parties may exercise their respective powers, privileges and authority which they
may separately, but which pursuant to this Interlocal Agreement and the Act they
may exercise collectively; and
WHEREAS, pursuant to Section 287.055, Florida Statutes, Boynton
Beach solicited proposals for a non-exclusive contract to perform professional
planning services, and
WHEREAS, Boynton Beach issued a REQUEST FOR PROPOSALS FOR
ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21 ("Request for
Proposals"); and
WHEREAS, Boynton Beach determined that The Florida International
University Board of Trustees on behalf of its Metropolitan Center ("FIU") was
qualified for appointment to perform the scope of services set forth in Request for
Proposals; and
WHEREAS, the Boynton Beach City Commission on August 3, 2021,
determined that FIU was qualified for appointment to perform the scope of
services set forth in the Request for Proposals, and Boynton Beach and FIU
entered into an Agreement for the scope of services set forth in the Request of
EXHIBIT " A "
Proposals on September 14, 2021 ; and
WHEREAS, the CRA finds that the City's Economic Development Plan will
further the CRA's Community Redevelopment Plan by providing valuable
information that will help guide CRA policies and programs, and is in the best
interest of residents and business owners within the Community Redevelopment
Area; and
WHEREAS, the Parties agree to enter this Interlocal Agreement for the
CRA to provide funding to Boynton Beach for The Florida International University
Board of Trustees on behalf of its Metropolitan Center ("FIU") to provide the
services as set forth in Exhibit "A", attached hereto and incorporated herein; and
NOW, THEREFORE, in consideration of the mutual understandings and
commitments set forth below, the Parties agree as follows:
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement
between the Parties in order for the CRA to provide funding to Boynton Beach for
FIU to provide the services set forth in Exhibit "A", attached hereto and
incorporated herein ("Scope of Services").
Section 2. OBLIGATIONS OF THE PARTIES
2.1 The City shall provide the CRA an opportunity to review and
comment on the Economic Development Plan before such plan is
finalized. The City shall request of FIU that the Economic
Development Plan contain a summary describing the portion of the
Economic Development Plan applicable to the CRA Area and a
summary of any findings applicable to the CRA or CRA Area.
2.2 The CRA shall provide Boynton Beach funds in an amount
not to exceed $25,000.00 ("CRA Funds") for FIU to provide the
Scope of Services, which funds shall not be used for purposes
prohibited by §163.370(3), Florida Statutes. Upon receipt of a
complete, written request from the City meeting the requirements of
this paragraph, the CRA shall make payments to the City on a
quarterly basis for reimbursement of the Scope of Services for the
Economic Development Plan. The CRA shall remit payment to the
City within thirty (30) days of receipt of a complete request from the
City.
2.2 In order to receive reimbursement funding from the CRA, the
City shall submit a written request to the City. In order to be
deemed complete, the written request from the City for payment
01580315-1
must include copies of receipts and invoices from FIU indicating the
amount, and a written report to the CRA documenting the status of
the Economic Development Plan. The City shall submit a statement
as part of the written request that explains how the Economic
Development Plan examines or will examine the CRA Area and
how the findings in the Economic Development Plan pertain to the
CRA or CRA area, in a manner sufficient to justify the use of CRA
funds for the Economic Development Plan. Upon request from the
CRA or an authorized agent of the CRA, including the Executive
Director and the CRA Attorney, the City shall provide all documents
reasonably requested by the CRA or CRA's agent concerning
compliance with this Agreement, specifically including any
documentation concerning compliance with §163.370(3), Florida
Statutes.
2.2 The Parties agree that this Agreement only obligates the
CRA to provide reimbursement under the terms provided for in this
Agreement and the CRA is not otherwise responsible for
effectuating the Scope of Services. The CRA will not reimburse the
City for any portion of the request the CRA deems ineligible for
reimbursement. The CRA shall not have an obligation to provide
additional funding beyond the dollar amount set forth in this
Agreement. Additionally, the CRA shall not be required to
reimburse the City for any requests submitted after the Termination
Date.
Section 3. PUBLIC RECORDS
The Parties are public agencies subject to Chapter 119, Fla. Stat. The
Parties shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. The City and the CRA each shall maintain their own records and
documents associated with this Agreement in accordance with the requirements
set forth in Chapter 119, Florida Statutes. All such records shall be adequate to
justify all charges, expenses, and costs incurred in accordance with generally
accepted accounting principles. Each Party shall have access to the other
Party's books, records and documents as required in this Agreement for the
purpose of inspection or audit during normal business hours during the term of
this Agreement and at least 1 year after the termination of the Agreement.
Section 4. REMEDIES
Both Parties shall have any and all remedies as permitted by law;
however, the CRA's liability to the City shall be limited to the dollar amount set
forth in paragraph 2.1 . The Parties agree, however, to provide for positive
dialogue and communications if disputes or disagreements arise as to the
application or interpretation of the Interlocal Agreement provisions.
01010n0 I
Section 5. EFFECTIVE DATE, DURATION AND TERMINATION
5.1 This Interlocal Agreement shall become effective upon being
executed by both Parties and shall automatically terminate upon
completion of the Scope of Services and the obligations set forth in
Section 2 above.
5.2 The term of the Agreement may be extended one time for a
period of one year and may only be extended upon approval by the
CRA Board and upon the appropriation of CRA funds for intended
purposes of this Agreement in the subsequent fiscal year's budget.
Such extension is only effective upon the written execution of a
written amendment signed by both Parties. Nothing in this
Paragraph shall be construed so as to affect a Party's right to
terminate this Agreement in accordance with other provisions in this
Agreement.
Section 6. GOVERNING LAW/VENUE /WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Florida. Any legal
action to enforce the Agreement will be filed in Palm Beach County. In any
litigation brought to enforce the terms of this Interlocal Agreement, the Parties
shall bear their own costs and attorney's fees incurred in connection therewith.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE
ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT.
Section 7. LIABILITY AND INDEMNITY
7.1. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, the Parties and their respective
officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other. Nothing herein
shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of
any defense available to the Parties as set forth in Florida Statutes,
Section 768.28 or any other provisions of Florida law.
7.2 This section shall survive the termination or expiration of this
Agreement.
Section 8. AMENDMENT OF THIS AGREEMENT
Amendments to this Interlocal Agreement shall be made by written
consent of both Parties.
Section 9. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this
Interlocal Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void or voidable, shall in no way affect the validity or
enforceability of any other portion or provision of the Interlocal Agreement. Any
void or voidable provision shall be deemed severed from the Interlocal
Agreement and the balance of the Interlocal Agreement shall be construed and
enforced as if the Interlocal Agreement did not contain the particular portion or
provision held to be void. The Parties further agree to reform the Interlocal
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent the entire Interlocal Agreement from being held void
should a provision which is of the essence of the Interlocal Agreement be
determined to be void by a court of competent jurisdiction.
Section 10. NOTICES
10.1 Any notice given pursuant to the terms of this Agreement
shall be in writing and done by Email or Certified Mail, Return
Receipt Requested. The effective date of such notice shall be the
date of receipt, as evidenced by the Email or Return Receipt. Any
notice sent by Email must also be sent the same day by Certified
Mail, Return Receipt Requested. All notices shall be addressed to
the following:
As to Boynton Beach: Attn: City Manager
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, FL 33425
As to CRA: Attn: Thuy Shutt, Executive
Director
Boynton Beach CRA
100 East Ocean Avenue
4th Floor
Boynton Beach, FL 33435
Shutti(a)bbfl.us
Copy to: Tara W. Duhy
Lewis, Longman & Walker, PA
360 S. Rosemary Avenue
Suite 1100
West Palm Beach, FL 33401
01580315-1
10.2 Notices shall be effective when delivered to the address
specified above. Changes in the respective addresses to which
such notice may be directed may be made from time to time by any
Party by written notice to the other Party. Email is acceptable notice
effective when received, however, emails received after 5:00 p.m. or
on weekends or holidays, will be deemed received on the next
business day. The original of any notice sent by Email must
additionally be mailed as required herein.
Section 11: FILING
The City shall file a copy of this Agreement with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 12: FORCE MAJEURE
Any Party delayed by a Force Majeure Event, as defined herein, in
performing under this Interlocal Agreement shall use reasonable efforts to
remedy the cause or causes of such Force Majeure Event. A delay due to a
Force Majeure Event shall serve to toll the time to perform under this Agreement.
"Force Majeure Event" shall mean any act of God, fire, flood, earthquake,
pandemic, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure
of utility service, labor dispute, or any other occurrence not reasonably within the
control of the party.
Section 13: CONSTRUCTION
No Party shall be considered the author of this Interlocal Agreement since
the Parties hereto have participated in negotiations and drafting and redrafting of
this document to arrive at a final agreement. Thus, the terms of this Agreement
shall not be strictly construed against one Party as opposed to the other Party
based upon who drafted it.
Section 14: NO THIRD PARTY BENEFICIARY
No provision of this Interlocal Agreement is intended to, or shall be
construed to, create any third party beneficiary or to provide any rights to any
person or entity not a party to this Agreement, including but not limited to any
citizen or employees of any Party.
Section 15: NON-DISCRIMINATION
The Parties shall not discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual
orientation, or gender identity and expression in the performance of this
Agreement.
01580315-1
Section 16: ASSIGNMENT
The Parties may not assign this Agreement in whole or in part, without prior
written consent of the other, which may be granted or withheld at the such
Parties' absolute discretion.
Section 17: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
ATTEST: CITY ;y:
By: /7,447 -4/ �/
4IaBy:
Name: Steven B. Grant
Title: Mayor
APPROVED AS TO.FORM AND
LEGAL S FICI 1 CY,
/ 1
By: ,/ /
ity Attor
ATTEST: BOYNTON =EACH COMMUNITY
REDEYE • / E. Avi
By: � Corr
' By: -
.me: Steven B. ant
Title: Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: , ,,,tut/
eneral Counsel
tShO?IS-I