R16-139 1 RESOLUTION NO. R16-139
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY FOR THE CRA FUNDING OF THE
7 NEIGHBORHOOD OFFICER POLICING PROGRAM FOR
8 FISCAL YEAR 2016-17 IN AN AMOUNT NOT TO EXCEED
9 $263,000 AND PROVIDING AN EFFECTIVE DATE.
10 WHEREAS, the intent of the Boynton Beach Community Redevelopment Agency
11 Neighborhood Officer Policing Program is to improve the quality of life for area residents and
12 to increase private investment within the CRA area known as the Heart of Boynton; and
13 WHEREAS, on December 7, 2015 the City Commission approved the
14 implementation of the neighborhood policing program for the Heart of Boynton and provide
15 for CRA funding for the fiscal year 2015/16 in the amount of$200,000; and
16 WHEREAS, the program began February 8, 2016 and this Interlocal Agreement will
17 continue the funding for this program for the period of October 1, 2016 through September
18 30, 2017; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff and the CRA Board, deems it to be in the best interests of the
21 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement
22 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
23 Agency regarding the CRA funding of the Neighborhood Officer Policing Program for fiscal
24 year 2016-17 in an amount not to exceed $263,000.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
27 Section 1. Each Whereas clause set forth above is true and correct and
28 incorporated herein by this reference.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
31 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA
32 funding of the Neighborhood Officer Policing Program for fiscal year 2016-.17 in an amount
33 not to exceed $263,000, a copy of said Interlocal Agreement is attached hereto as Exhibit
34 "A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this '`"qday of 1J fC , 2016.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant
42
43 Vice Mayor—Mack McCray
44
45 Commissioner—Justin Katz
46
47 Commissioner—Christina L. Romelus
48
49 Commissioner—Joe Casello v
50
52 �
52 VOTE
53 ATTEST:
54
55
56
57 JtI' th A. Pyle, CMC ' 4` Y "'=a,•
58 .ty Clerk
59 '
:ry E /1 �
60 '
61 (Corporate Seal)
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING
PROGRAM
THIS AGREEMENT is made this day of , 2016 by and
between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation,
(hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA") (individually
"Party"
"Parties"). Y .:,! +r 4.i.,-,,r.- +,„c ..!
and collectively,the or Parties ). -1-�� ,s *.
.'St h•^77+ {'� a� FN
WITNESSETH: T ar? c :r,+ '
WHEREAS, the CRA's Neighborhood Officer Pct 4.-',,:.:C:- Jo
...,-,r. `_' k--ki-..- -A.-14.1;•`tr :ts 7
improve the quality of life for area residents and to increas T I _-•---.- .:-. �-�' e
CRA Redevelopment area known as the Heart of Boynton ....k ', w; 3 s
and
WHEREAS, the CRA elimination of slum and blighted conditions in the area of
the Neighborhood Officer Policing Program is a goal of the CRA's Redevelopment Plan;
and
WHEREAS, the City desires to provide the CRA with the management for the
Program under the terms of the Program shown in Exhibit"A"; and
WHEREAS,the CRA Board finds that this Agreement, and the use of the CRA's
funds to implement the Neighborhood Officer Policing Program, is consistent with the I
CRA's Redevelopment Plan, and Florida Statutes; and
WHEREAS, due to the intended elimination of slum and blighted conditions, and
the beneficial economic impact of the Neighborhood Officer Policing Program, the CRA
00716048-1 Tdrive:ILAs/2016/Police Program Page 1
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING
PROGRAM
THIS AGREEMENT is made this 26 day of October , 2016 by and
between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation,
(hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA") (individually
and collectively, the"Party"or"Parties").
WITNESSETH:
WHEREAS, the CRA's Neighborhood Officer Policing Program is intended to
improve the quality of life for area residents and to increase private investment within the
CRA Redevelopment area known as the Heart of Boynton in the City of Boynton Beach;
and
WHEREAS, the CRA elimination of slum and blighted conditions in the area of
the Neighborhood Officer Policing Program is a goal of the CRA's Redevelopment Plan;
and
WHEREAS, the City desires to provide the CRA with the management for the
Program under the terms of the Program shown in Exhibit"A"; and
WHEREAS,the CRA Board finds that this Agreement, and the use of the CRA's
funds to implement the Neighborhood Officer Policing Program, is consistent with the
CRA's Redevelopment Plan, and Florida Statutes; and
WHEREAS, due to the intended elimination of slum and blighted conditions, and
the beneficial economic impact of the Neighborhood Officer Policing Program, the CRA
00716048-1 Tdrive:ILAs/2016/Police Program Page 1
and the City find that this funding agreement serves a municipal and public purpose, and
is in the best interest of the health, safety, and welfare of the City of Boynton Beach,
including the Community Redevelopment Area.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the Parties hereby agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated
herein.
2. Obligations of the CRA. The CRA shall provide funding to the City in
the maximum amount of Two Hundred Sixty-Three Thousand and 00/100 Dollars
($263,000.00), for management of the Neighborhood Officer Policing Program. The
CRA shall make payments to the City on a quarterly basis for the reimbursement of direct
expenses related to the operation of the Neighborhood Officer Policing Program as
reflected in Exhibit "A". Written request from the City for payment must include all
documentation, including receipts, indicating the amount and the purpose for the payment
for which the City is seeking reimbursement. Payment shall be remitted to the City
within thirty (30) days of receipt of City's request including complete documentation of
expenses incurred.
3. Obligations of the City.
4. On a quarterly basis, the City shall provide a report to the CRA regarding
the Community Policing program. The report shall detail the activities of the Officers for
that quarter as described in the Community Policing program.
5. Term of the Agreement. The term of this Agreement shall become
valid and commence upon execution by the City Mayor, City Clerk, and CRA.Board
Chair, and shall terminate on September 30, 2017. The CRA shall not be required to
00716048-1 Tdrive:ILAs/2016/Police Program Page 2
reimburse City for any requests submitted after the Termination Date. The term of the
Agreement may be extended upon the execution of a written amendment signed by the
City Manager and the CRA Executive Director.
6. Records. The City and the CRA each shall maintain their own records
and documents association 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.
7. Filing. This Interlocal Agreement shall be filed pursuant to the
requirements of Section 163.01(11) of the Florida Statutes.
8. Default. If either Party fails to perform or observe any of the material
terms and conditions of this Agreement for a period of ten (10) calendar days after receipt
of written notice of such default from the other Party, the Party giving notice of default
may be entitled,but is not required, to seek specific performance of this Agreement on an
expedited basis, as the performance of the material terms and conditions contained herein
relate to the health, safety, and welfare of the residents subject to this Agreement. Failure
of any Party to exercise its right in the event of any breach by the other Party shall not
constitute a waiver of such rights. No Party shall be deemed to have waived any failure to
perform by the other Party unless such waiver is in writing and signed by the other Party.
Such waiver shall be limited to the terms specifically contained therein. This section shall
00716048-1 Tdrive:ILAs/2016/Police Program Page 3
be without prejudice to the rights of any Party to seek a legal remedy for any breach of
the other Party as may be available to it in law or equity.
9. Compliance with Laws. The City and the CRA shall comply with all
statutes, laws, ordinances, rules, regulations and lawful orders of the United States of
America, State of Florida and of any other public authority which may be applicable.
10. Entire Agreement. This Agreement represents the entire and sole
agreement and understanding between the Parties concerning the subject matter
expressed herein. No terms herein may be altered, except in writing and then only if
signed by all the Parties hereto. All prior and contemporaneous agreements,
understandings, communications, conditions or representations, of any kind or nature,
oral or written, concerning the subject matter expressed herein, are merged into this
Agreement and the terms of this Agreement supersede all such other agreements. No
extraneous information may be used to alter the terms of this Agreement.
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. If a court of competent jurisdiction declares
any part of this Agreement unlawful or invalid, the remainder of the Agreement will
continue to be binding on both Parties.
12. Governing Law and Venue. The validity, construction and effect of this
Agreement shall be governed by the laws of the State of Florida. Any and all legal
actions necessary to enforce the terms of this Agreement shall be conducted in the
Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in
the United States District Court for the Southern District of Florida, to which the Parties
expressly agree and submit.
00716048-1 Tdrive:ILAs/2016/Police Program Page 4 -
13. Notice. Whenever either Party desires to give notice to the other, such
notice must be in writing and sent by United States mail,return receipt requested, courier,
evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a
delivery receipt, addressed to the Party for whom it is intended at the place last specified;
and the place for giving of notice shall remain until it shall have been changed by written
notice in compliance with the provisions of this paragraph. For the present, the Parties
designate the following as the respective places for giving of notice.
CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
CRA: , Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach, Florida 33435
Copies To: James A. Cherof
Goren, Cherof,Doody&Ezrol,P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale,Florida 33308
Tara Duhy, Esquire
Lewis, Longman&Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
14. No Transfer. The Parties shall not, in whole or in part, subcontract,
assign, or otherwise transfer this Agreement or any rights, interests, or obligations
hereunder to any individual, group, agency, government, non-profit or for-profit
corporation, or other entity without first obtaining the written consent of the other Party.
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.
00716048-1 Tdrive:ILAs/2016/Police Program Page 5
I3c�
IN ITS WHEREOF, the City and CRA hereto have executed this
Agreement as of the date set forth above.
ATTEST:
City Cpl rk
CITY OF BOYNTON BEACH,
a Florida municipal corporation
By:
Steven B. Grant, Mayor
(SEAL)
00716048 -1 Tdrive:ILM /2016 /Police Program Page 6