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R18-180 1 RESOLUTION NO. R18-180 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A SECOND AMENDMENT TO THE INTERLOCAL 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 7 AGENCY FOR THE CRA FUNDING OF THE NEIGHBORHOOD 8 OFFICER POLICING PROGRAM FOR FISCAL YEAR 2018-19 IN 9 AN AMOUNT NOT TO EXCEED $370,000 AND PROVIDING AN 10 EFFECTIVE DATE. 17. 12 WHEREAS, on October 26, 2016 the City and CRA entered into an Interlocal 13 Agreement For the Funding of the Neighborhood Officer Policing Program to improve the 14 quality of life for area residents and to increase private investment within the CRA area known 15 as the Heart of Boynton; and 16 WHEREAS, in October 2017, the CRA Board approved adding a third Police Officer 17 to the NOP which increased the annual budget for the program to $372,000 and which expired 18 on September 30, 2018; 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 residents 21 and citizens of the City of Boynton Beach to approve a Second Amendment to the Interlocal 22 Agreement between the City of Boynton Beach and the Boynton Beach Community 23 Redevelopment Agency regarding the CRA funding of the Neighborhood Officer Policing 24 Program for fiscal year 2018-19 in an amount not to exceed $370,000. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CMisers`,Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\TQFSZSNC\Second_Amendment_To_II.A_W ith_CRA_For_Pol icing_Program_(2o 18-19)_-_Reso.Docx 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 30 approve and authorize the Mayor to sign a Second Amendment to the Interlocal Agreement 31 between the City. of Boynton Beach and the Boynton Beach Community Redevelopment 32 Agency for the CRA funding of the Neighborhood Officer Policing Program for fiscal year 33 2018-19 in an amount not to exceed $370,000, a copy of said Second Amendment to the 34 Interlocal Agreement is attached hereto as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 4th day of December, 2018. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant ✓ 42 43 Vice Mayor—Christina L. Romelus V 44 45 Commissioner—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Aimee Kelley ✓' 50 51 52 VOTE 5-0 53 ATTEST: 54 _�0 Yf 0 56 (. h ,L L� s i� �!? 57 Judith` . Pyle, CMC 58 City Clerk f•, f ; x •.4 1924 s' 59 , v • I • 60 ii, i 61 (Corporate Seal) '• Is' •, L 1 mik C:\UsersStanzionetAppdataLocal\Microsoft\Windows\Temporary Internet ' \ \ \ Files\Content.IE5\TQFSZ5NC\Second_Amendment_To_ILA_W ith_CRA_For_Policing_Program_(2018-19)_-_Reso.Docx SECOND AMENDMENT TO THE 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 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (Second Amendment) is entered into by and between the City of Boynton Beach (City) and the Boynton Beach Community Redevelopment Agency(CRA) (collectively referred to as the Parties). WHEREAS, the CRA and the City entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (Original Agreement) on October 26, 2016; and WHEREAS, the CRA and the City amended the Agreement pursuant to the FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (First Amendment) on November 21, 2017; WHEREAS, the Parties wish to make certain changes to the Agreement, as amended; NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, as amended, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Effective Date. This Second Amendment shall be deemed to be effective and act to extend the term of the Agreement as of September 30, 2018. 3) Agreement. Unless specifically stated otherwise, the term Agreement means the Original Agreement as it may have been or may be amended from time to time. 4) Additional Obligations of the CRA for Fiscal Year 2018-2019. In addition to the obligations in the Agreement, the CRA shall provide funding to the City in the maximum amount of Three Hundred and Seventy Thousand Dollars ($370,000.00), for the management of the Neighborhood Officer Policing Program for the 2018-2019 Fiscal Year,under the same terms, conditions, and procedures provided for in the Agreement. 5) Automatic Renewal. The Agreement shall automatically renew every year effective October 1, so long as the annual CRA budget for the applicable fiscal year contains a budget line item specifically for the Neighborhood Officer Policing Program that 01055472-1 designates a dollar amount greater than $0.00. The amount provided for in the CRA budget shall be the maximum amount of financial obligation of the CRA for the applicable fiscal year. If the annual CRA budget for any year does not contain a line item specifically for the Neighborhood Officer Policing Program, or the line item for the Neighborhood Officer Policing Program designates $0.00 or equivalent, the Agreement shall be deemed terminated as of 11:59 pm on September 30 following the adoption of the budget. The renewal shall be under the same terms, conditions, and procedures provided for the in the Agreement. 6) Termination. Either party may terminate the Agreement at any time. The CRA shall not be required to reimburse the City for any requests submitted after the termination of the Agreement, except that the CRA shall reimburse the City for any expenses that the CRA deems to have validly arisen from the Neighborhood Officer Policing Program, when such expenses were incurred between the time of the last reimbursement by the CRA and the termination of the Agreement. For purposes of this paragraph salary expenses may be accounted for on a on a pro-rata basis. 7) Amendment.Nothing in this Second Amendment shall be construed so as to prevent the parties from extending or otherwise amending the Agreement, or this Second Amendment. 8) Modification of Exhibit A. Exhibit A to the Agreement, shall be deleted in its entirety and substituted with Exhibit A to this Second Amendment for Fiscal Year 2018-2019. Exhibit A may be amended anytime through written amendment signed by the City Manager and the CRA Executive Director. 9) General. Except as expressly set forth in this Second Amendment, the Agreement, as amended is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the City. This Second Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Original Agreement and/or the First Amendment, and this Second Amendment, this Second Amendment shall control. [Signatures on following page.] 01055472-1 IN WITNESS WHEREOF, the CITY and CRA hereto have executed this Second Amendment as of the date set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation ca- Cf By: ,e-K- -to_K Judi Pyle, City Cle Steven B. Grant, Mayor Approved as to Form: Date: / //,),0/ (SEAL) 1 Office of the Ejrttoey O.,c, `, BOYNTON BEAC ` COMMUNITY REDEVELOPMENT AGENCY 5/2- By: J Steven B. Grant, Chair Date: 11TH 15i 01055472-1