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R22-011I RESOLUTION NO. R22- 011 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 4 AGREEMENT WITH BOYNTON BEACH COMMUNITY REDEVELOPMENT 5 AGENCY (CRA) FOR PARTIAL FUNDING OF THE CITY'S ECONOMIC 6 DEVELOPMENT PLAN BY FLORIDA INTERNATIONAL UNIVERSITY; AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the City of Boynton Beach worked with Florida International University (FIU) 10 to develop an Economic Development Plan for the City of Boynton Beach; and 11 WHEREAS, the City requested, and the CRA Board approved, assistance in funding a 12 portion of the $75,000 Economic Development Plan fee; and 13 WHEREAS, the purpose of this Interlocal Agreement sets forth the obligation for the 14 parties, including review and reimbursement procedures; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton and 18 the Boynton Beach Community Redevelopment Agency (CRA) for Partial Funding of the City's 19 Economic Development Plan by Florida International University. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and 23 incorporated herein by this reference. SACA\RESO\Agreements\ILA With CRA For Partial Funding For Economic Development Plan - Reso.Docx 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 26 and the Boynton Beach Community Redevelopment Agency (CRA) for Partial Funding of the 27 City's Economic Development Plan by Florida International University, a copy of said Interlocal 28 Agreement is attached hereto as Exhibit "A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 18th day of January, 2022. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATTEST: 46 47 48 4 7 49 stat Gibson, MMC 50 City Clerk 51 52 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga nolug SACA\RESO\Agreements\ILA With CRA For Partial Funding For Economic Development Plan - Reso.Docx YES NO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (Economic Development Planning with Florida International University) THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into , 2021, by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter "Boynton Beach"), and the Boynton Beach Community Redevelopment Agency, a public agency duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter "CRA") collectively referred to as the "Parties" or individually referred to as a "Party". WITNESSETH: WHEREAS, the Parties are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which the Parties may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, pursuant to Section 287.055, Florida Statutes, Boynton Beach solicited proposals for a non-exclusive contract to perform professional planning services, and WHEREAS, Boynton Beach issued a REQUEST FOR PROPOSALS FOR ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21 ("Request for Proposals"); and WHEREAS, Boynton Beach determined that The Florida International University Board of Trustees on behalf of its Metropolitan Center ("FIU") was qualified for appointment to perform the scope of services set forth in Request for Proposals; and WHEREAS, the Boynton Beach City Commission on August 3, 2021, determined that FIU was qualified for appointment to perform the scope of services set forth in the Request for Proposals, and Boynton Beach and FIU entered into an Agreement for the scope of services set forth in the Request of 01580315-1 Proposals on September 14, 2021; and WHEREAS, the CRA finds that the City's Economic Development Plan will further the CRA's Community Redevelopment Plan by providing valuable information that will help guide CRA policies and programs, and is in the best interest of residents and business owners within the Community Redevelopment Area; and WHEREAS, the Parties agree to enter this Interlocal Agreement for the CRA to provide funding to Boynton Beach for The Florida International University Board of Trustees on behalf of its Metropolitan Center ("FIU") to provide the services as set forth in Exhibit "A", attached hereto and incorporated herein; and NOW, THEREFORE, in consideration of the mutual understandings and commitments set forth below, the Parties agree as follows: Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between the Parties in order for the CRA to provide funding to Boynton Beach for FIU to provide the services set forth in Exhibit "A", attached hereto and incorporated herein ("Scope of Services"). Section 2. OBLIGATIONS OF THE PARTIES 2.1 The City shall provide the CRA an opportunity to review and comment on the Economic Development Plan before such plan is finalized. The City shall request of FIU that the Economic Development Plan contain a summary describing the portion of the Economic Development Plan applicable to the CRA Area and a summary of any findings applicable to the CRA or CRA Area. 2.2 The CRA shall provide Boynton Beach funds in an amount not to exceed $25,000.00 ("CRA Funds") for FIU to provide the Scope of Services, which funds shall not be used for purposes prohibited by §163.370(3), Florida Statutes. Upon receipt of a complete, written request from the City meeting the requirements of this paragraph, the CRA shall make payments to the City on a quarterly basis for reimbursement of the Scope of Services for the Economic Development Plan. The CRA shall remit payment to the City within thirty (30) days of receipt of a complete request from the City. 2.2 In order to receive reimbursement funding from the CRA, the City shall submit a written request to the City. In order to be deemed complete, the written request from the City for payment 01560315-1 must include copies of receipts and invoices from FIU indicating the amount, and a written report to the CRA documenting the status of the Economic Development Plan. The City shall submit a statement as part of the written request that explains how the Economic Development Plan examines or will examine the CRA Area and how the findings in the Economic Development Plan pertain to the CRA or CRA area, in a manner sufficient to justify the use of CRA funds for the Economic Development Plan. Upon request from the CRA or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the City shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with §163.370(3), Florida Statutes. 2.2 The Parties agree that this Agreement only obligates the CRA to provide reimbursement under the terms provided for in this Agreement and the CRA is not otherwise responsible for effectuating the Scope of Services. The CRA will not reimburse the City for any portion of the request the CRA deems ineligible for reimbursement. The CRA shall not have an obligation to provide additional funding beyond the dollar amount set forth in this Agreement. Additionally, the CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. Section 3. PUBLIC RECORDS The Parties are public agencies subject to Chapter 119, Fla. Stat. The Parties shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. 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. Section 4. REMEDIES Both Parties shall have any and all remedies as permitted by law; however, the CRA's liability to the City shall be limited to the dollar amount set forth in paragraph 2.1. The Parties agree, however, to provide for positive dialogue and communications if disputes or disagreements arise as to the application or interpretation of the Interlocal Agreement provisions. 01580315-1 Section 5. EFFECTIVE DATE, DURATION AND TERMINATION 5.1 This Interlocal Agreement shall become effective upon being executed by both Parties and shall automatically terminate upon completion of the Scope of Services and the obligations set forth in Section 2 above. 5.2 The term of the Agreement may be extended one time for a period of one year 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 written 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. Section 6. GOVERNING LAW/ VENUE / WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any legal action to enforce the Agreement will be filed in Palm Beach County. In any litigation brought to enforce the terms of this Interlocal Agreement, the Parties shall bear their own costs and attorney's fees incurred in connection therewith. BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT. Section 7. LIABILITY AND INDEMNITY 7.1. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, the Parties and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other. Nothing herein shall constitute, or be construed as, a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the Parties as set forth in Florida Statutes, Section 768.28 or any other provisions of Florida law. 7.2 This section shall survive the termination or expiration of this Agreement. Section 8. AMENDMENT OF THIS AGREEMENT Amendments to this Interlocal Agreement shall be made by written consent of both Parties. 01580315-1 Section 9. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Interlocal Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Interlocal Agreement. Any void or voidable provision shall be deemed severed from the Interlocal Agreement and the balance of the Interlocal Agreement shall be construed and enforced as if the Interlocal Agreement did not contain the particular portion or provision held to be void. The Parties further agree to reform the Interlocal Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Interlocal Agreement from being held void should a provision which is of the essence of the Interlocal Agreement be determined to be void by a court of competent jurisdiction. Section 10. NOTICES 10.1 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Email or Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Email or Return Receipt. Any notice sent by Email must also be sent the same day by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to Boynton Beach: Attn: City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33425 As to CRA: Attn: Thuy Shutt, Executive Director Boynton Beach CRA 100 East Ocean Avenue 4th Floor Boynton Beach, FL 33435 ShuttT(aD-bbfl.us Copy to: Tara W. Duhy Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 01580315-1 10.2 Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any Party by written notice to the other Party. Email is acceptable notice effective when received, however, emails received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of any notice sent by Email must additionally be mailed as required herein. Section 11: FILING The City shall file a copy of this Agreement with the Clerk of the Circuit Court in and for Palm Beach County. Section 12: FORCE MAJEURE Any Party delayed by a Force Majeure Event, as defined herein, in performing under this Interlocal Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, pandemic, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, labor dispute, or any other occurrence not reasonably within the control of the party. Section 13: CONSTRUCTION No Party shall be considered the author of this Interlocal Agreement since the Parties hereto have participated in negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one Party as opposed to the other Party based upon who drafted it. Section 14: NO THIRD PARTY BENEFICIARY No provision of this Interlocal 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 any Party. Section 15: NON-DISCRIMINATION The Parties shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, or gender identity and expression in the performance of this Agreement. Section 16: ASSIGNMENT The Parties may not assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the such Parties' absolute discretion. Section 17: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first written above. ATTEST: APPROVED AS TO M AND LEGAL SUFFICIENCY, By: ity ATTEST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: fit/ b /'— eneral Counsel 01580315-1 CITY OF BOYNTON BEACH Name: Steven B. Grant Title: Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Name: Steven B. Grant Title: Chair