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R17-0501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R17 -050 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE CRA TO PARTIALLY FUND THE DIRECTOR OF ECONOMIC DEVELOPMENT AND STRATEGY FOR FISCAL YEAR 2016/17 IN AN AMOUNT NOT TO EXCEED $23,795.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the May 9, 2017 CRA Board meeting an Interlocal Agreement was approved to provide partial funding for the Director of Economic Development and Strategy for the FY 16/17; and WHEREAS, the City Commission and the CRA have prioritized a program initiative during recent Strategic Planning activities focused on community wealth building, citizen engagement and the creation of a more economically equitable workforce; and WHEREAS, Economic development and strategy is an initiative for the City including the Community Redevelopment Area, as such staff has determined the position is part of this effort is able to be identified for the CRA and agrees that the CRA may fund 25% of the Director's salary and benefits for services related to the CRA; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the CRA partial funding of the Director of Economic Development and Strategy for fiscal year 2016/17 in an amount not to exceed $23,795.00. 27 28 29 30 31 32 33 34 35 36 37 W 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA partial funding of the Director of Economic Development and Strategy for fiscal year 2016/17 in an amount not to exceed $23,795.00, a copy of said Interlocal Agreement is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16' day of May, 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant / Vice Mayor — Justin Katz ^� Commissioner — Mack McCray .� Commissioner — Christina L. Romelus / Commissioner — Joe Casello VOTE` ATTEST: Judith. Pyle, CMC City C4erk (Corporate Seal) w CRA BOARD MEETING OF: May 9, 2017 Consent Agenda Old Business I X I New Business Legal Information Only CRAAB AGENDA ITEM: XIV.D. SUBJECT: Consideration of an Interlocal Agreement (ILA) with the City of Boynton Beach for the partial funding of the Director of Economic Development and Strategy SUMMARY: In recent Strategic Planning activities, the CRA Board and City Commission have prioritized a program initiative focused on community wealth building, citizen engagement and the creation of a more economically equitable workforce. The first step in the implementation of this initiative is the hiring of David - Scott, as the Director of Economic Development and Strategy. The CRA/City's Economic Development and Strategy Program ( "Program ") aims to promote a healthy and vibrant community through locally- based, regionally- driven economic development that will improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area by providing the foundation by which the public sector, working in conjunction with other economic partners, creates the environment for regional economic prosperity. As the efforts put forth under the Program will demonstrate further and continued advancement of the goals and mission of the CRA Redevelopment Plan, staff and legal counsel support the use of CRA funds to provide a partial funding of the position. The first term of the ILA will terminate on September 30, 2017 and provides funding for the position not to exceed $23,795 or twenty -five percent (25 %) of the salary/benefits cost. The CRA Board and City Commission may mutually agree to extend the agreement for a period of one year upon the agreement of both parties (see Attachment 1). FISCAL IMPACT: $23,795 General Fund Line Item 01- 51440 -100 CRA PLAN /PROJECT /PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD MOTION /OPTIONS: 1) Motion to approve the ILA for the partial funding of the Director of Economic Development and Strategy 2) Motion to not to approve the ILA for the partial funding of the Director of Economic Development and Strategy 3) The CRA Board may consider requesting additional terms and conditions to the ILA a motion to approve. Digitally signed by Michael Simon Michael Simon ,,DN:c =simon ae @bbfl s,c US ..email= simonm Date: 2017.05.05 14:31:46 - 04'00' Michael Simon, Interim Executive Director ATTACHMENT ,- �\ \1 eta INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE ECONOMIC DEVELOPMENT AND STRATEGY DIRECTOR THIS AGREEMENT is made this A _,�_ day of Q , 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 Economic Development and Strategy Program ( "Program ") aims to promote a healthy and vibrant community through locally- based, regionally- driven economic development that will improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area ( "Redevelopment Area ") by providing the foundation by which the public sector, working in conjunction with other economic partners, creates the environment for regional, economic prosperity. The • Program serves as the lead integrator of the CRA /CITY economic development initiatives, facilitates interagency planning, collaboration and coordination among the various partners, and oversees the development and integration of the CRA /CITY strategic plan. WHEREAS, the Program ensures 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 CRA/City and ordinances and policies, including those specific to the Redevelopment Area; and 00742721 -1 WHEREAS, the goal of the CRA's Community Redevelopment Plan ( "Plan ") is to provide a clear and consistent vision for the Redevelopment Area and therefore predictability for new development and investment in the area; 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 than specifically serves the Redevelopment Area is consistent with the Community Redevelopment Plan and Florida Statutes; and WHEREAS, the intended aim of the CRA toward the elimination of slum and blighted conditions, to promote a healthy and vibrant community through locally- based, regionally- driven economic development that will improve the quality of life for area residents, increase private investment within the Community Redevelopment Area ( "Redevelopment Area "), and provide the foundation by which the public sector, working in conjunction with other economic partners creates the environment for regional economic prosperity, the CRA/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 $23,795, to be used for reimbursement of the costs associated 00742721 -1 with the portion of the Program associated with and specifically dedicated to the Redevelopment Area, as further described in Exhibit `B:" 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 Program related activities of 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. 3. Obligations of the City. On a quarterly basis, the City shall provide a written report to the CRA documenting the activities of 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 as described in Exhibit "A" will be contained the quarterly report. 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 00742721 -1. 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 intended purposes of 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. 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 00742721 -1 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. 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 may be 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 411 the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, 00742721 -1 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 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 00742721 -I 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 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. 00742721 -I IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: 4a=z�-14" - J rth Pyle, City C1 k CITY OF BOYNTON BEACH, a Florida munic' al c rpora 'on i By: teven B. Grant, Mayor (SEAL) Approved as to of the 7 � ---- Attorney BOYNTON BEACH COMMUNITY REDEVELOP ENT AGENCY By• Steven B. Grant, Chair 00742721 -1 Exhibit "A" Boynton Reach Community Redevelopment Agency Economic Development and Strategy The Boynton Beach Community Redevelopment Agency Economic Development and Strategy aims to promote a healthy and vibrant community through locally - based, regionally- driven economic development. ECONOMIC DEVELOPMENT AND STRATEGY Ensures that resources are Invested and aligned In support of goals and objectives Communil designed to create pathways to build, retain and transfer economic growth to the local community ead Integrator of the ity's economic evelopment Initiatives, trough the evelopment and nplementation of the oordinated strategic Ian by facilitating tteragen y planning, ollaboration and Dordlnation among the Arlon public, private, nd non - profit agencies nd partners. Unks the community with Administers the City's resources that will assist In small /minority business enterprise galvanizing the combined program, focused on rapacity building and economic prosperity efforts of residents through Neighborhood Economic Development strategies Economic development serves as a means to engage community leaders, leverage the involvement of the private sector, and establish a strategic blueprint for regional collaboration. Economic Development and Strategy provides the foundation by which the public sector, working in conjunction with other economic partners creates the environment for regional economic prosperity, and serves as the lead integrator of the CRA /City's economic development initiatives, facilitates interagency planning, collaboration and coordination among the various CRA /City Plana agencies and partners, and oversees the 2010 Boynton Beach Community Redevelopment Plan Boynton Beach Strategic Plan integration and implementation of the C1lywide Community Redevelopment Plan 2013 Development Atlas 1)etter CRA /City s strategic plan. Incentives and Programs loutcomes Business Strategy Partners /Resources City pP Boynton Beach Boynton Beach Faith Based Community Development Corporation The Business Strategy Team develops and Rnynnn Reach Community Redevelopment AgencP Career Spm re of Pat-- Beach CounhM implements the strategy- driven plan, focused on Palm Beach County &) i Bnshtess pnment Board capacity building and economic prosperity and Enterprise Florida tr Export'" Assistance resiliency. The Team establishes and maintains a The Greater Boynton Beach Chamber of Commerce . U.S. Export Assistance Centers of Rorida robust economic ecosystem by helping to build U.S. Small Business Administ-tien Pat. Beach Gnmw Education regional and local capacity that contributes to community success. The Business Strategy Team provides the framework for individuals, organizations, 1 local governments, institutions. of learning, and private industry to align the capacity building efforts that best serve to ensure that available resources are invested and aligned in support of goals and objectives designed to create pathways to build, retain and transfer economic growth to the local community. The Business Strategy Team integrates and leverages other planning efforts, including the use of other available funds, private sector resources, and state support that advance the CRA /City's goals and objectives. Small Local and Minority Business Development The Small Local and Minority Business Development Team administers the City's small /minority business enterprise program, focused on capacity building and economic prosperity targeting local small and minority businesses that serves to create a legacy of sustainable community wealth that benefits all of its citizens. The Team establishes the business support structure that integrates and leverages resources that advance the CRA /City's goals and objectives. This e sz f�l12S re uires a coordinated roach to business q a p p s �eg°�vern .' development that establishes a private /public A WN,, partnership with the community, businesses, the CRA Accessto Accessto Procurement Resources Information Processes the City and other public and private sector partners. The Team ensures that CRA /City resources are J f invested and aligned in support of goals and Kee �o objectives designed to produce transformational Bonding Prime Contractor Bundled Projects �� IT Loca community economic prosperity.�� Experience i Community Outreach (Building Wealth in the Community) Building a sustainable economic development strategy requires that the CRA and City empower the residents of Boynton Beach as active participants in the ongoing economic development of their neighborhoods; creating a legacy of sustainable community wealth that benefits all of its citizens. The Community Outreach team will aim to ensure that residents c benefit from any development or redevelopment initiative ' cgmmoniry SuIneSS and that publicly subsidized projects effectively address straiegy r a`PPF, community needs by creating job and job training Smak1 opportunities, workforce development, fair access and Local° Communit V' & Minor ltw �' support for local small and minority -owned businesses to outreach Business Development.! ` pursue related contracts, environmental justice, minimized local business displacement and adequate workforce housing. This in turn will enable residents to purchase and retain housing and thus become stronger stakeholders in the community. Community organization and engagement will be crucial. We will seek to link the community with resources that will assist in galvanizing the combined efforts of residents, community organizations, businesses, and faith - based, financial, and educational institutions; focused on providing technical assistance and financial support for community revitalization, and incubator assistance for small business development and entrepreneurs. 2 BUSINESS STRATEGY To develop and implement a coordinated framework that serves as a means to engage community leaders, leverage the involvement of the private sector, and establish a strategic blueprint for regional collaboration that serves as the foundation by which the public sector, working in conjunction with other economic partners creates the environment for regional economic prosperity. The Team serves as the lead integrator of the CRA /City's economic development initiatives, facilitates interagency planning, collaboration and coordination among the various City agencies and partners, and oversees the development and implementation of the CRA /City's strategic plan. The Team works with individuals, organizations, local governments, institutions of learning, and private industry to align the capacity building efforts that best serve to ensure that available resources are invested and aligned in support of goals and objectives designed to create pathways to build, retain and transfer economic growth to the local community. BUSINESS STRATEGY OBJECTIVE To develop and implement the citywide strategic plan and management structure that focuses on effectively creating pathways to build, retain and transfer economic growth to the local community; thereby, creating true economic empowerment and emerging growth opportunities that generates jobs, leads to a reduced unemployment rate, increased home ownership, increased local economic activity in other small business, decreased crime, decreased reliance on government services, and increased tax revenues. SMALL LOCAL AND MINORITY BUSINESS DEVELOPMENT STRATEGY To develop and implement a coordinated framework to ensure that all businesses be afforded an opportunity for full `participation in the CRA /City's system for the procurement of goods, services or construction projects, and to establish a recordkeeping system to monitor participation. Through a comprehensive approach to local small and minority business development, the City will provide community anchors, stimulate private investment, enhance economic development, and elevate the quality of life and safety for the City's residents. The Team administers Small Local and Minority Business Enhancement Program focused on leveraging the City's investments in a way that will create pathways to build, retain and transfer economic growth to the local community, thereby creating a legacy of sustainable community wealth that benefits all of its citizens. SMALL LOCAL AND MINORITY BUSINESS DEVELOPMENT OBJECTIVE To develop and implement a comprehensive small local and minority business. enhancement program that seeks to address the CRA Board and City Commission vision of increased wealth and prosperity for its community as a whole, incorporating the goals and objectives of the strategic plan. COMMUNITY OUTREACH (BUILDING WEALTH) STRATEGY To develop and implement a coordinated framework that link the community with resources that will assist in galvanizing the combined efforts of residents through Neighborhood Economic Development strategies that engage, community organizations, businesses, and faith - based, financial, and educational institutions; focused on providing technical assistance and financial support for community revitalization, and incubator assistance for,small business development and entrepreneurs. COMMUNITY OUTREACH (BUILDING WEALTH IN THE COMMUNITY) OBJECTIVE To develop and implement a comprehensive and sustainable economic development strategy that empowers the residents of Boynton Beach as active participants in the ongoing economic development of their neighborhoods; creating a legacy of sustainable community wealth that benefits all of its citizens. The Department will aim to ensure that: • residents benefit from any development or redevelopment initiative publicly subsidized projects effectively address community needs by creating: • job and job training opportunities • workforce development • fair access and support for local small and minority-owned businesses to pursue related contracts • environmental justice • minimized local business displacement • adequate workforce housing 'r Community Business Community organization, and Strategy engagem.+ent,will be crucial. p" Small Local Community Minority Outreach Business's w . x <s, Development. } 4 "Exhibit B" Annual Total $47,589.25 11LA Amount for FY 16-17-6 months (Aor-Sept), , -- - $ _23 NOTE: All amounts provided by City Finance Department for FY 2016-2017 pp W Actual ' Category Notes -, QU a Cost per Unit 'Subtoiat , -­ 9 2 W Salary, Education Incentive Director of Econ Dev & Strategy 0.25 $130,000.00 $32,500.00 Director of Econ Dev & Strategy- Pension 0.25 $41,912.00 $10,478.00 Pension-32.24% Director of Econ Dev & Strategy-Benefits 0.25 $9,945.00 $2,486.25 FICA - 7.65% Director of Econ Dev & Strategy-Benefits 0.25 $8,500.001 $2,125.00 Healthcare, Dental, Vision $47 ,589.25 Personnel Costs Total' P Q1 KwI hv/, 5 "a l A �N DO, WO N, ON UZ e fur i g - M A hb,; M $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6�stitoiai' 't ", 'IC & 'Iuo 114- 'N .$0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - Office Expenses Total T, I 1V XP z 44 A, Annual Total $47,589.25 11LA Amount for FY 16-17-6 months (Aor-Sept), , -- - $ _23 NOTE: All amounts provided by City Finance Department for FY 2016-2017