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R25-302 RESOLUTION NO. R25-302 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 4 REDEVELOPMENT AGENCY FOR FUNDING FOR CODE ENFORCEMENT OFFICERS; AND FOR ALL OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined 9 that one or more slum or blighted areas exist within the City of Boynton Beach; and 10 WHEREAS, the City Commission established the Community Redevelopment Agency 1 1 ("CRA") for the purpose of carrying out redevelopment activities within those identified slum and 12 blighted areas; and 13 WHEREAS, the prevention and elimination of slums and blight is a matter of state policy 14 and public concern, as recognized under Florida law; and 15 WHEREAS, the CRA Plan has identified goals to encourage and initiate various code 16 enforcement policies, as well as other means deemed feasible and appropriate to stabilize and 17 enhance neighborhoods and commercial areas; and 18 WHEREAS, the CRA may lend, grant, or contribute funds to a municipality for the purpose 19 of aiding in the planning, undertaking, or carrying out of community redevelopment and related 20 activities; and 21 WHEREAS, the City and the CRA desire for the City to establish four (4) new code 22 enforcement officers who will be proactive and work in coordination with CRA residents and 23 businesses (each a "Code Enforcement Officer (CRA)"); and 24 WHEREAS, the Code Enforcement Officer (CRA) positions will focus on outreach and 25 remediation, work offset schedules to increase visibility and hours of service, and seek 26 enforcement on their own volition, and coordinate with the Neighborhood Officer Policing 27 Program, CRA businesses, and CRA residents; and 28 WHEREAS, the CRA desires to provide funding to the City for the four (4) new Code 29 Enforcement Officer (CRA) positions through reimbursement; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City's citizens and residents to approve an Interlocal Agreement between the RESOLUTION NO. R25-302 32 City and the Boynton Beach Community Redevelopment Agency for Funding for Code 33 Enforcement Officers. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve an Interlocal Agreement between the City and the Boynton Beach CRA for Funding for 41 Code Enforcement Officers (the "Agreement"), in form and substance similar to that attached as 42 Exhibit A. 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 45 ancillary documents required under the Agreement or necessary to accomplish the purposes of 46 the Agreement, including any term extensions as provided in the Agreement, provided such 47 documents do not modify the financial terms or material terms. 48 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 49 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 50 Section 163.01(11), Florida Statutes, for interlocal agreements. 51 SECTION 5. This Resolution shall take effect in accordance with the law. 52 [SIGNATURES ON THE FOLLOWING PAGE] 53 RESOLUTION NO. R25-3021I 54 PASSED AND ADOPTED this fel day of MN-erYlEVI 2025. 55 CITY OF BOYNTON BEACH, FLORIDA 56 YES NO 57 Mayor- Rebecca Shelton b-ii-- 58 59 Vice Mayor-Woodrow L. Hay 60 61 Commissioner-Angela Cruz , ►T'r 62 / 63 Commissioner-Thomas Turkin f/ 64 65 Commissioner-Aimee Kelley 66 67 VOTE 68 ATT' 69 i :. 70 i lI, /,� � . .� %tel, moi- 71 Maylee De ,_ us, MPA, MC Rebecca Shelton 72 City CI-rk i =z,,, Mayor BOYN7-: 73 O ......, O -' ' 74 Sv °�'1'F APPROVED AS TO FORM: 75 (Corporate Seal) AL 76 .77 •. CORP RAT E: Z. je Ute/f/c r/W I' ��F�ORI 78 �` DA _' Shawna G. Lamb 79 "i ..--- City Attorney • CFN D '-20251203800003 RECORDED 12/3/2025 10:26 AM Palm Beach County,Flonda Michael A.Caruso,Clerk Pgs:-,(6pgs) INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CODE ENFORCEMENT OFFICERS WNerykur THIS AGREEMENT("Agreement")is made this 'day bf 20cby and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"),and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). The City and CRA may be referred to herein individually as a"Party"and collectively as the"Parties." WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and; WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS,the prevention and elimination of slums and blight is a matter of state policy and public concern, as recognized under Florida law; and WHEREAS,the term "slum area"is defined as an area having physical or economic conditions conducive to disease, infant mortality,juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence,.and which exhibits one or more additional elements; and WHEREAS, additional elements that contribute to the designation of a"slum area" include the inadequate provision for ventilation, light,air, sanitation,or open spaces,and the existence of conditions that endanger life or property by fire or other causes;and WHEREAS,the term"blighted area"is defined as an area in which there are a substantial number of deteriorated or deteriorating structures, and; in which conditions endanger life or property or are leading to economic distress, and which exhibits two or more additional elements; and WHEREAS,additional elements that contribute to the designation of a"blighted area"include unsanitary and unsafe conditions and a greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality;and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment;)and WHEREAS,the City and the CRA are empowered to disseminate slum clearance information; and 4931-7977-0742,v.2 RECORDED DEC 0 3 2025 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BbitNifiStieftMeftAND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CODE ENFORCEMENT OFFICERS , I JerM2kf THIS AGREEMENT ("Agreement") is made this 1 dayof 20 ;by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). The City and CRA may be referred to herein individually as a"Party" and collectively as the "Parties." WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS,the prevention and elimination of slums and blight is a matter of state policy and public concern, as recognized under Florida law; and WHEREAS, the term "slum area"is defined as an area having physical or economic conditions conducive to disease, infant mortality,juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and which exhibits one or more additional elements; and WHEREAS, additional elements that contribute to the designation of a "slum area" include the inadequate provision for ventilation, light, air, sanitation, or open spaces and the existence of conditions that endanger life or property by fire or other causes; and WHEREAS, the term "blighted area"is defined as an area in which there are a substantial number of deteriorated or deteriorating structures, and; in which conditions endanger life or property or are leading to economic distress, and which exhibits two or more additional elements; and WHEREAS,additional elements that contribute to the designation of a"blighted area"include unsanitary and unsafe conditions and a greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment; and WHEREAS,the City and the CRA are empowered to disseminate slum clearance information; and 4931-7977-0742,v.2 WHEREAS,the City and the CRA are empowered to enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings,or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; and WHEREAS,the City and the CRA are empowered to make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to (1) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements,and (2)plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation,demolition,or removal of buildings and improvements; and WHEREAS, the CRA Plan has identified goals to encourage and initiate various code enforcement policies, as well as other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas; and WHEREAS, the City and the CRA desire for the City to establish four (4) new code enforcement officers who will be proactive and work in coordination with CRA residents and businesses(each a"Code Enforcement Officer(CRA)"); and WHEREAS, the Code Enforcement Officer (CRA) positions will focus on outreach and remediation,work offset schedules to increase visibility and hours of service,seek enforcement on their own volition, and coordinate with the Neighborhood Officer Policing Program, CRA businesses, and CRA residents; and WHEREAS, the CRA desires to provide funding to the City for the four(4) new Code Enforcement Officer(CRA)positions through reimbursement; and WHEREAS,the City and the CRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the Parties agree as follows: 1. Recitations.The recitations set forth above are hereby incorporated herein. 2. Code Enforcement Officer Positions. Following execution of this Agreement, the City shall establish and fill four(4)new positions titled "Code Enforcement Officer(CRA)". The City shall ensure that each position is structured, assigned, and maintained in accordance with the roles,responsibilities, and requirements outlined in Exhibit"A." 3. Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit"A" in a duly noticed public meeting,this Agreement 4931-7977-0742,V.2 shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. 4. Funding. The CRA shall provide funding to the City in an amount not to exceed three hundred and eight thousand, nine hundred and sixty-five dollars ($308,965) in total for the four(4) Code Enforcement Officer(CRA)positions. Such funding shall be provided on a reimbursement basis as set forth in this Agreement.This Agreement and all obligations of the CRA are subject to and contingent upon annual budgetary funding and appropriations by the CRA. 5. Reimbursement. To obtain reimbursement from the CRA for costs associated with the Code Enforcement Officer(CRA)positions, the City shall provide a written request for reimbursement of funds to the CRA once per quarter,no later than 15 days after the end of the service period.The written request from the City must include all documentation necessary to show the payment and purpose of the payment for which the City is seeking reimbursement.The CRA shall remit payment to the City within thirty days of receipt of a complete request from the City. 6. Obligations of the CRA, Indemnification.The CRA's responsibilities under this Agreement are limited to providing funding and complying with the provisions of this Agreement concerning public records. Therefore, the City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted,claimed,or recovered against or from the CRA,its agents,or its employees,by reason of any property or other damages or personal injury, including death, sustained by any person whomsoever,which damage is incidental to,occurs as a result of,arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with Code Enforcement Officers (CRA) and the performance of their duties under this Agreement, including the entry upon property for any purpose. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes.This paragraph shall not be construed to require the City to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA,its agents or employees. 7. Public Records.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 one year after the termination of the Agreement. 8. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement("Effective Date").This Agreement shall be in effect from the 4931-7977-0742,v.2 Effective Date and, shall automatically renew each year on October 1. Either Party may terminate this Agreement upon 60 days notice to the other party. 9. Filing.The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 10.Sovereign Immunity.Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 11. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end,this Agreement is declared severable. 12.No Third-Party Beneficiaries. No provision of this 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 the City or the CRA. 13.No Assignment.The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other Party's absolute discretion. 14.Governing Law;Venue.This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. The rest of the page was intentionally left blank. 4931-7977-0742,v.2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Re vel pment Agency ATTEST: . € ..� By: U' ,. / .". Print Name: Re b e CCQ.gAdlri Title: e .;r Date: ) Il 1olaaa5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: T1a�- C CRA Attorney City f Boynton Beach, F orida l 0iI � ATTES By: --se • Print Name: _ jI ►2' Title: _v_ Date: // Pr/ APPROVED AS TO FORM AND LEGAL S FFICIENCY: /J �pY N To&� • r �,� /may r ........ •• By: GGUfI�f f��.oceORATF.,•. City Attorney i i SEAL i INCORPORATED: 41 - 1920• i %. FLORc t 4931-7977-0742,v.2 Exhibit"A" Code Enforcement Officer(CRA)Position Description The City shall ensure that each Code Enforcement Officer assigned to the Community Redevelopment Area (each, a "Code Enforcement Officer (CRA)") shall meet and perform in accordance with the following position descriptions and requirements: 1. Each Code Enforcement Officer(CRA)shall: a. Perform all duties exclusively within the boundaries of the Boynton Beach Community Redevelopment Area for the benefit of the Boynton Beach Community Redevelopment Agency; b. Focus on outreach and remediation; c. Work offset schedules and weekends to increase visibility and hours of service; and d. Coordinate with the Neighborhood Officer Policing Program and the City's existing community improvement program. 2. Each Code Enforcement Officer(CRA) shall have the authority to seek code enforcement of their own volition, and in most cases shall refer complaints received to ordinary code enforcement officers. 3. Each Code Enforcement Officer (CRA) should act proactively and work with CRA residents and businesses to improve the areas within the CRA boundaries. 4. If any code enforcement funds become available through grants,funding,or other monetary sources, the Code Enforcement Officer's (CRA) duties shall include facilitating the administration and use of such funds. 4931-7977-0742,v. 2