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R17-012
1 RESOLUTION NO. R17-012 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 A 7 COMMUNITY STANDARDS OUTREACH COORDINATOR FOR 8 FY 16/17 IN ANAMOUNT NOT TO EXCEED $134,000.00; AND 9 PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, at the January 10, 2017 CRA Board meeting an Interlocal Agreement 11 was approved to provide funding for a Community Standards Outreach Coordinator position 12 for the FY 16/17; and 13 WHEREAS, on August 17, 2016, the CRA Board voted to fund a Community 14 Standards Outreach Coordinator position as part of the CRA's Clean& Safe Program; and 15 WHEREAS, the position is part of the Community Standards Division at the City 16 which reports to the Fire Department and the position will be dedicated to the Community 17 Redevelopment Area to concentrate on issues within the CRA District; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff and the CRA Board, deems it to be in the best interests of the 20 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 21 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 22 Agency regarding the CRA funding of a Community Standards Outreach Coordinator for 23 Fiscal Year 2016/17 in an amount not to exceed $134,000.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF 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 29 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 30 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA 31 funding of a Community Standards Outreach Coordinator for Fiscal Year 2016/17 in an 32 amount not to exceed $134,000.00, a copy of said Interlocal Agreement is attached hereto as 33 Exhibit"A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 17th day of January, 2017. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Mack McCray 43 44 Commissioner—Justin Katz 45 / 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Joe Casello !� 49 50 5./0 51 VOTE 52 ATTEST: 53 54 � �r ��y 55e 56 Jud,' A. Pyle, CM .� 57 C; Clerk 58i 59 q ,P ' 60 (Corporate Seal) ��j INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF TILE NEIGHBORHOOD SUSTAINABILITY— COMMUNITY STARDARDS OUTREACH COORDINATOR THIS AGREEMENT is made this day of , 2017 by and between the CITY OF BOYNTON BEACH., a Florida Municipal Corporation,("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA")(individually and collectively,the"Party"or"Parties"). WITNESSETH: WHEREAS, the CRA's Neighborhood Sustainability, Community Standards Program ("Program") is intended to improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area("Redevelopment Area")by ensuring customers receive a high level of service,customer accessibility,timely communications, effective outreach, education and problem resolution with the goal of strengthening the relationship with residents and business community and ensuring the highest level of customer satisfaction with respect to the provisions of the City and ordinances and policies,including those specific to the Redevelopment Area;and WHEREAS,the goal of the CRA's Redevelopment Plan is the elimination of slum and blighted conditions in the Redevelopment Area is;and WHEREAS,the Program has jurisdiction within the Redevelopment Area; 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 a portion of the Program that specifically serves the Redevelopment Area is consistent with the Community Redevelopment'Plan and Florida Statutes; and 00742721-1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD SUSTAINABILITY- COMMUNITY STARDARDS OUTREACH COORDINATOR THIS AGREEMENT is made this day of , 2017 by and between the MY OF BOYNTON BEACH, a Florida Municipal Corporation,("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA")(individually and collectively,the"Party"or"Parties"). WITNESSETH; WHEREAS, the CRA's Neighborhood Sustainability, Community Standards Program ("Program") is intended to improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area("Redevelopment Area")by ensuring customers receive a high level of service,customer accessibility,timely communications, effective outreach, education and problem resolution with the goal of strengthening the relationship with residents and business community and ensuring the highest level of customer satisfaction with respect to the provisions of the City and ordinances and policies,including those specific to the Redevelopment Area;and WHEREAS,the goal of the CRA's Redevelopment Plan is the elimination of slum and blighted conditions in the Redevelopment Area is;and WHEREAS,the Program has jurisdiction within the Redevelopment Area; 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 a portion of the Program that specifically serves the Redevelopment Area is consistent with the Community Redevelopment Plan and Florida Statutes; and 00742721-I WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial.economic impact of the Program,the CRA 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 residents and business owners of the City,including those within the Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the Parties hereby agree as follows: 1. Recitals. The recitals 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 One Hundred Thirty Four Thousand and 00/100 Dollars ($134,000.00), for the Program to be used for reimbursement of the costs associated with employing and equipping one Community Standards Outreach Coordinator specifically dedicated to the Redevelopment Area("Coordinator"),as further described in Exhibit"A." Upon receipt of a complete,written request from the City,the CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses related to the Coordinator In order to be deemed complete,the written request from the City for payment must include all payroll and program documentation, a copy of the Coordinator's work schedule,and copies of receipts indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty(30)days of receipt of a complete request from the City. 1 Obligations of the City. On a quarterly basis, the City shall provide a report to the CRA regarding the Program as it was implemented within the Redevelopment Area for that quarter.The report shall detail the activities of the Coordinator for that quarter and all other information Exhibit"A"states will be contained the quarterly report. 00742721-1 4. 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 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 or the faulty equipment (including equipment installation and removal) of the Coordinator or the Program. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence, or intentional acts of the CRA,its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 5. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on September 30, 2017 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time and may only be extended upon approval by the CRA Board and upon the appropriation of CRA funds for this Agreement in the subsequent fiscal year's budget . Such extension is only effective upon the 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. 007427214 6. 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 1 year after the termination of the Agreement. 7. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 8. Default. If either Party defaults by failing 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 terminate this Agreement through written notice to the other Party, and 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 of the City and Redevelopment Area. . Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights.No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall 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. 0074272I-1 9. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 10. 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 maybe applicable. 11. 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. 12. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end,this Agreement is declared severable.. 13. 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. D0742721-1 14. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 15. 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: . Michael Simon,Interim 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 16. 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 0074272].] any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 17. 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. IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation I,,,,k, -. (t, By: ,L ,./... .1 i o'th Pyle,City C;'k Steven B. Grant, Mayor Approved as to Form: , K, "; �x.,t r (SEAL) WI O ce of the al A me TI `r� f_ fU Avg,. a ,- Approved as Form: BOYNTON BEACH COMMUNITY REDEVELOP4 AGENCY __. _ , ,,,./,' � By: t1" ... _,,ro,. Office of the CRA Attorney Steven B. Grant, Chair 00742721-1 WXNION 10.111 BE ilk al BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD SUSTAIINABILIYY, COMMUNITY STANDARDS OUTREACH PROGRAM .. . . . . . . . . : 2016-2017 :. Community Standard Outreach Proclaim Defined : : .. The Neighborhood Sustainabil' , CommunityStandards Program is designed to 9 dY 9 assistthe public, including private residents and business owners, to ensure customers within the Community Redevelopment Area receive a high level of service, customer. accessibility, timely. communications, effective outreach, education and problem resolution with the go of strengthening the relationship between the City of.Boynton Beach Community Standards Department and residentsand: business community to ;. . ensure the highest level of education,. outreach. and satisfaction with respectto the. provisions of the City of Boynton Beach code of ordinances and policies. A major goal of the Neighborhood Sustainability, Community Standards Outreach Program is to cultivate high levelsof mutual trust, understanding and respect between the CRA Community Standards Outreach Coordinator and the residents and business within the Community Redevelopment Area. In order to achieve this, it is necessary that the.CommunityStandards.Outreach:Coordinator develop, relationships which transcend p the confines of ordinary cormrnunity standards activities and instead focuses upon building sustainable problem solving partnerships: :• Additionally, building problem solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of .. the challenges members of the public and businesses face and will help the Community Standards Outreach Coordinator gamer unique insights which might aid in addressing these challenges. This program is designed to help effectively integrate the assigned Community Standards Outreach Coordinator into the fabric of the CRA community. N7427484 . • • Reducing slum and blight and improving the:quality of life:within the:Community • Redevelopment Area requires the development of .these: types of productive and meaningful relationships between citizens and representativesOftheir local government.. Neighborhood Sustainability; Community:Standardspersonnel are postured to- : serve as a catalyst to an array of CRA and City services, community resources and organizations which can aid those in need as they Work to better their circumstances and - work in concert with other community partners to confront the challenges they identify:. within the:community. Boynton Beach Comm-unity Redevelopment _ : : "Neighborhood Sustainability.Community Standards Outreach Program The City of Boynton :Beach Community Standards: Department shall make all - :. necessary efforts to achieve .the:.following. CRA Program Goals and. Activities: The 9Community - . . The assigned CRAStandards Outreach Coordinator will, in.. addition. .to the Essential Function of the job description:. : •: Understand the CRA Redevelopment Plans and goals.. o Have a working knowledge of CRA grants and programs: •. Meet with the CRA Executive Director:twice a month. Assist in:establishing goals which are-SMART (Specific, Measurable,'Attainable, . _ Realistic,& Timebound).: : : . . �. Engage residents and business owners. • Provideemphasis:on responsible:community code enforcement: • . .• : Implement special.initiatives to resolve neighborhood-specific.solutions to comply with City Codes, State Laws, and-Regulations.: • : • Provide CRA residents and businesses with solution-oriented issue resolutions. • Assist with public education and violation prevention within the Community Redevelopment Area. s Identifys pacific problems within the Community Redevelopment Area and help with the coordination of CRA resources and other City services to resolve violation - issues.. e : Work a minimum.of 40_hours a week, Thirty of these hours will-be spent.in the : community, building relationships, collecting information and providing resources . and information to residents and business owners.who seek to promote positive g g emphasis Change their net hborhood.: Specific em hasis=should: be given to those actions which will .contribute to the attainment of the goals:.established: with Community Standards Program within the:Community Redevelopment Area.. Further, the CRA and the City agree: - • • Personnel nnel assigned to this function will be furnished with equipment as specified - : . in the budget for FY20.16-2017,provided such equipment does not violate statutory - : designated expenditures. . _ . 00792748-1 . • CRA staff shall be .informed of the Neighborhood. Sustainability, Community Standards Outreach Coordinator's hours on a regular basis. • The CRA shall:be provided with an organizationalchart of .the Community Standards department. The.CRA shall beprovided a quarterly written report outlining the following` o Hours worked by the CRA Community Standards Outreach Coordinator.= o :Activities undertaken to achieve the goals of the Program o Relevant statistics for the reporting period. ✓ At the end of the fiscal year, the.Community Standards Department shallprovide a written report summarizing the goalsachieved along with a statistical report and associated map._ Included in the report shall be recommendations for Neighborhood Sustainability, Community Standards Program changes for the next fiscal year: . • Funding for the Neighborhood Sustainability,Community Standards Program shall be appropriated annually at the discretion of the CRA Board::' • The CRA Board approved funding for the Neighborhood Sustainability, Community Standards Program for Fiscal year 2016-17 shall be in the amount of$134,000 as described in Attachment I to this Exhibit, which is hereby incorporated asif fully set forth herein: • This document may be incorporated as an Exhibit to an Interlocal Agreement between the City and the CRA for the reimbursement of certain eligible and direct expenses incurred by the City associatedwith the Neighborhood Sustainability, Community Standards Programs The City shall invoice the CRA each quarter for. direct program expenses while=the Neighborhood Sustainability, Community Standards Program is operational, not to exceed the approved funding. ® While the CRA will provide funding to.support.this ..program, operational and supervisory control remains with the City's Community Standards Department: 00742748.1 . . - .. . . .. 3 .. 9& ,-Igla Alf Piny - .: . . 3:`i' is l .. ne‘su oagsa.eACA IOLW 1V AtNEE• 1,013' 1d4a - -aro . • .P*0.1 v . , • . . : .. 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' 11 �2� � 4 r5$I¢rt. . • tg. . a_- m � • • 0.0 .. , 1 : . i '. . 1.0 3,0 s,D �.o ��ts�F �f1�r 1P . o®i �. r 1© Fire impactor, . .�A. . 0.0 1.o-. $.0 X23 ?,� 1.t2 :. OA 00 tisslsf®nP firs��a�l�a! :. ° 0.0 1,0 1.0 , 1 15252 • • • Adrl 1n tfajlve Ahtanf . :• :- 14 . 0.0: 4A ' ' 17. 1p f,tr 1t3, . i4 Vii) 4 0 �usinc�sc Barri i�0 . +14� • pttalleer Cfi car: : 1'0 0.0. . . 1B . GA' . 04. l A :' • 1•:0 yowlaesr € 19.0: '19.0. .• 3.0. ,. : 22A • = . 22 • • . .171,bas i eh:� fr�ar<ir, sob-urn,eoimd r.CRA::, .' 0 . - °6 An unspecified!lumberr of 1aosIrlarss nas4're ikoesd 6 sir h®aAowed. • m Ore(1)community sronsaard pr dofefitron.frrrafe+aaa8.from Solid Wosfam(Pur�d 431) This dvislon was 1Yseagad:with the Police'gdminis r lvi geralccess dlvirgail in:Pt 14/15 .FY 1q16.., ' 20I�2p1� ORGANIZATIONALT ; 'ACHMENT I EPk6t8'MENT: Odra . �tF®631. �iE14iSFhiF11. 11cFi001 FUND: "WI Ire Chle . '.: .. Coni munityStandards Director (1) . . Business Compliance CammunityStandards Officer SVT Comm%Mar& . Fire Ur!'safetv s). �s(csrsfes 1 moi. . 1 Outreach Coordinator t9epuiq�Fire t3darskal" I { ndnraBs I( C®n'murei Sty Community Community Standards Fire Engineer '- -- Administer Specia-ust bpeoanst. 1 Pians Exam(1) "' Marsh/11(Q A$sI6tartt(1) - .. (2) ( )