R25-162 1 RESOLUTION NO. R25-162
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
5 BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
6 FOR THE ONGOING PROVISION OF NETWORK SERVICES BY PALM
7 BEACH COUNTY; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
10 Act of 1969," authorizes local governments to make the most efficient use of their powers by
11 enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
12 provide services and facilities that will harmonize geographic, economic, population, and other
13 factors influencing the needs and development of local communities; and
14 WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined
15 therein to enter into interlocal agreements with each other to exercise jointly any power, privilege,
16 or authority that such agencies share in common and which each might exercise separately; and
17 WHEREAS, the City of Boynton Beach and Palm Beach County recognize the need for the
18 City to obtain information technology("IT")services to gain access to IT resources at a cost savings
19 due to Palm Beach County's ability to leverage its resources for the greater good of citizens of the
20 County,the State of Florida, and any public sector organization that can benefit from such services;
21 and
22 WHEREAS, both the City of Boynton Beach and Palm Beach County desire to enter into
23 such an agreement which provides for the joint use of such IT assets and establishes policies for
24 its use by each organization; and
25 WHEREAS, once effective, the Interlocal Agreement will allow and provide for the joint
26 use of IT assets by both the City of Boynton Beach and Palm Beach County; and
27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
28 best interests of the city's citizens and residents to approve the Interlocal Agreement between
29 Palm Beach County and the City of Boynton Beach for the provision of network services by Palm
30 Beach County ("the Interlocal Agreement").
31
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
34 BEACH, FLORIDA, THAT:
35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption.
37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
38 the Interlocal Agreement in form and substance similar to that attached as Exhibit A.
39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to
41 execute any ancillary documents required under the Agreement or necessary to accomplish the
42 purposes of the Interlocal Agreement, including any term extensions as provided in the
43 Agreement, provided such documents do not modify the material terms.
44 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement
45 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by
46 Section 163.01(11), Florida Statutes, for interlocal agreements.
47 SECTION 5. This Resolution shall take effect in accordance with law.
48
49 [SIGNATURES ON THE FOLLOWING PAGE)
50
51
52
53
54
55
56
57
58
59 PASSED AND ADOPTED this 1 ay of Jul , 2025.
60 CITY OF BOYNTON BEACH, FLORIDA
61 YES NO
62 Mayor— Rebecca Shelton
63
64 Vice Mayor—Woodrow L. Hay
65
66 Commissioner—Angela Cruz
67
68 Commissioner—Thomas Turkin
69
70 Commissioner—Aimee Kelley
71
72 VOTE 0
73 ATT. T:
75 t 0 / 141 /
75 6
76 Maylee/� sus, MP , MMC Reb irc1Shelton
City y
77 Cllr Ma or
78 ,Oy N T0A,N
79 Po...,.6, �� APPROVED AS TO FORM:
80 (Corporate Seal) 0:c) �rF�:Vt.
81 SEAL
82 i .INCORPORATED; � r
p
83 is1920 ' Shawna G. Lamb
000000 or
84 ,,,\ •.FLORIO City Attorney
85
86
Agenda Item#: 3U-1
elawA) "7-0
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS R 2025 1 3 7 0
AGENDA ITEM SUMMARY ov,d.
R2fl29 I ^ T 1
Meeting Date: October 7, 2025 [x] Consent [ ]Regular
[ ] Public Hearing [ 1 Workshop
Department: Information Systems Services (ISS)
Submitted by: Information Systems Services
Submitted for: Information Systems Services
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to:
A) rescind Interlocal Agreement(IA) R2020-0172;
B) approve the replacement IA for network services with the City of Boynton Beach
(Boynton Beach)for an annual revenue of$15,900; and
C) delegate authority to the County Administrator or designee to approve and execute
Task Orders associated with these services, up to a maximum dollar value of$50,000
per Task Order,that do not substantially change the scope of work,terms or conditions
of the IA.
Summary: Boynton Beach has an existing IA with Palm Beach County(R2020-0172)for
network services. The County recommends rescinding the existing IA and replacing it
with an IA for a (1) year with four (4) automatic one (1)-year renewals unless notice is
given by either party. This new IA which includes updated contract terms, language, and
increased network services at City Hall which will generate$15,900 in annual revenue to
the County. The Florida LambdaRail, LLC has approved connection of Boynton Beach
to the Florida LambdaRail network. District 3(DB)
Background and Justification: This IA provides Boynton Beach updated contract
terms, language, as well as increased bandwidth for network services.
Attachments:
1. Interlocal Agreement with the City of Boynton Beach(3)
2. Copy of Interlocal Agreement R2020-0172, dated February 11, 2020
3. Agreement with Florida LambdaRail LLC for the connection of the City of Boynton
Beach to the Florida LambdaRail
network p
Recommended by: - �'� / —
Chief Information Officer Date
c
Approved by J061/4_S
Depu ,,ounty Administrator Date
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact
Fiscal Years 2026 2027 2028 2029 2030
Capital
Expenditures $0 0 0 0 0
Operating Costs $0 0 0 0 0
External Revenues ($15,900) ($15,900) ($15,900) ($15,900) ($15,900)
Program Inc(County) 0 0 0 0 0
In-Kind Match(County) 0 0 0 0 0
NET FISCAL IMPACT ($15,900) ($15,900) ($15,900) ($15,900) ($15,900)
#Additional FTE
Positions(Cumulative) 0 0 0 0 0
Is Item Included in Current Budget? Yes X No
Does this item include the use of Federal Funds? Yes No X
Does this item include the use of State Funds? Yes No X
Revenue Budget Number: Fund 0001 Dept 490 Unit 1300 RevSrc 4900
B. Recommended Sources of Funds/Summary of Fiscal Impact
Assumes a start date of Oct 2025, the FY 2026 revenue of $15,900 is calculated as
follows:
Monthly Total
Rate Months Revenue _
Network Services $1,300 12 $15,600
Network Hand-off $25 12 $300
Total/ $15,900
C. Department Fiscal Review: GL q)°, )
III. RE W CO MENTS
A. OFMB Fiscal and/or Contract Developm nt&Con of Commen
CA1,--f(A,J,—. '64 __&"3-- 4 ' iliCl2
OFMB l' (4\V-) Contract Ad 'nistration .0.6 1-43—es-
,L,4_,.\\)
d�
B. Legal Sufficie5 cy.
Assistant County Attorney
C: Other Department Review:
Department Director
THIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.
R2025-1370
Rescind R2020-0172
OCT 0 7 2025
82025 13i 0
CFN DF-20251202800011
RECORDED 12/2/2025 9:48 AM
Palm Beach County.Florida
Michael A.Caruso.Clerk
Pgs:-:(21pgs)
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Interlocal Agreement
R2025 137
This Interlocal Agreement ("Agreement") for information technology ("IT") services is entered
into this Tb-- day of t Lg.er , 2025, by and between the City of Boynton Beach
("LOCAL GOVERNMENT") and Palm Beach County ("COUNTY") a political subdivision of
the State of Florida. This Agreement rescinds existing Agreement for IT Services R2020-0172,
dated February 11,2020.
WHEREAS, Section 163.01, Florida Statutes, known as the"Florida Interlocal Cooperation Act
of 1969,"authorizes local governments to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities;and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into
Agreements with each other to jointly exercise any power, privilege, or authority which such
agencies share in common and which each might exercise separately; and
WHEREAS, the LOCAL GOVERNMENT and the COUNTY have recognized the need for the
LOCAL GOVERNMENT to obtain IT services ("IT") for the purpose of gaining access to IT
resources at a cost savings due to the ability of COUNTY to leverage its resources for the greater
good of citizens of COUNTY, the State of Florida, and any public sector organization that can
benefit from these services; and
WHEREAS, in recognizing these facts, the LOCAL GOVERNMENT and the COUNTY desire
to enter into such an agreement which provides for the joint use of such IT assets and establishes
policies for its use by each organization.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other
good and valuable consideration, the parties do mutually agree as follows:
Section 1 Purpose
The purpose of this Agreement is to provide IT services to the LOCAL GOVERNMENT for the
purposes described in the attached Exhibit A.
Page i of ii
RECORDED
Agreement with Palm Beach County and City of Boynton Beach D E C 0 2 2025
Re: Palm Beach County ISS Services
PALM BEACH COUNTY,FL
Interlocal Agreement
R2025 137k
This Interlocal Agreement ("Agreement") for information technology ("IT") services is entered
into this lb-- day of bith.er— , 2025, by and between the City of Boynton Beach
("LOCAL GOVERNMENT") and Palm Beach County ("COUNTY") a political subdivision of
the State of Florida. This Agreement rescinds existing Agreement for IT Services R2020-0172,
dated February 11,2020.
WHEREAS, Section 163.01, Florida Statutes, known as the"Florida Interlocal Cooperation Act
of 1969,"authorizes local governments to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into
Agreements with each other to jointly exercise any power, privilege, or authority which such
agencies share in common and which each might exercise separately; and
WHEREAS, the LOCAL GOVERNMENT and the COUNTY have recognized the need for the
LOCAL GOVERNMENT to obtain IT services ("IT") for the purpose of gaining access to IT
resources at a cost savings due to the ability of COUNTY to leverage its resources for the greater
good of citizens of COUNTY, the State of Florida, and any public sector organization that can
benefit from these services; and
WHEREAS, in recognizing these facts, the LOCAL GOVERNMENT and the COUNTY desire
to enter into such an agreement which provides for the joint use of such IT assets and establishes
policies for its use by each organization.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other
good and valuable consideration,the parties do mutually agree as follows:
Section 1 Purpose
The purpose of this Agreement is to provide IT services to the LOCAL GOVERNMENT for the
purposes described in the attached Exhibit A.
Page 1ofii
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Reach County ISS Services
Interlocal Agreement
R 2025 1 3 1
This Interlocal Agreement ("Agreement") for information technology("IT')services is entered
into this day of Cep2f` , 2025, by and between the City of Boynton Beach
("LOCAL GOVERNMENT') and Palm Beach County("COUNTY")a political subdivision of
the State of Florida. This Agreement rescinds existing Agreement for IT Services R2020-0172,
dated February 11,2020.
WHEREAS,Section 163.01,Florida Statutes,known as the"Florida Interlocal Cooperation Act
of 1969,"authorizes local governments to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities;and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into
Agreements with each other to jointly exercise any power, privilege, or authority which such
agencies share in common and which each might exercise separately;and
WHEREAS,the LOCAL GOVERNMENT and the COUNTY have recognized the need for the
LOCAL GOVERNMENT to obtain IT services ("IT") for the purpose of gaining access to IT
resources at a cost savings due to the ability of COUNTY to leverage its resources for the greater
good of citizens of COUNTY,the State of Florida,and any public sector organization that can
benefit from these services;and
WHEREAS,in recognizing these facts,the LOCAL GOVERNMENT and the COUNTY desire
to enter into such an agreement which provides for the joint use of such IT assets and establishes
policies for its use by each organization.
NOW,THEREFORE,in consideration of the mutual covenants herein contained and for other
good and valuable consideration,the parties do mutually agree as follows:
Section 1 Purpose
The purpose of this Agreement is to provide IT services to the LOCAL GOVERNMENT for the
purposes described in the attached Exhibit A.
Page of
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 2 Approval
The COUNTY approves of the LOCAL GOVERNMENT's participation in the use of the
COUNTY's IT resources and any other services as specified in the attached Exhibit A.
Section 3 Exhibits
The attached Exhibit A made a part hereof,delineates the services to be provided to the LOCAL
GOVERNMENT by the COUNTY through its Information Systems Services(ISS)Department,
identifies the roles and responsibilities of the COUNTY and the LOCAL GOVERNMENT in this
regard, and sets forth an issue, communication, escalation and resolution process, as well as
methodologies for billing and paying the quarterly service charges for IT services.
Section 4 Term
The term of this Agreement including Exhibit A,unless terminated as provided in Section 6 herein,
is for a penod of one(1)year with four(4)automatic one year renewals. The effective date is the
date of approval by the Board of County Commissioners.
Section 5 Resale of IT Services
The LOCAL GOVERNMENT shall not share or resell any portion of the COUNTY's IT
Infrastructure or Services in any manner not approved of in this Agreement or without explicit
written consent from Palm Beach County,which consent shall not be unreasonably withheld.
Section 6 Termination
COUNTY reserves the nght to terminate this Agreement,at any time,for lack of funding,cause
or convenience upon thirty (30) days' notice to LOCAL GOVERNMENT. LOCAL
GOVERNMENT may terminate this Agreement for lack of funding,cause or convenience upon
thirty (30)days' notice to COUNTY. The parties acknowledge that LOCAL GOVERNMENT
shall sustain no damages,of any kind or character,as a result of the termination of this Agreement.
Page 2 of ii
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 7 Indemnification and Hold Harmless
The LOCAL GOVERNMENT shall indemnify,defend and hold harmless COUNTY,its agents,
employees and elected officers against all claims,liability,expense,loss,cost,damages or causes
of action of every kind or character,whether at trial or appellate levels or otherwise,arising out of
the acts or omissions of the LOCAL GOVERNMENT. Such liability is subject to the provisions
of law,including the limits included in Section 768.28,Florida Statutes,which sets forth the partial
waiver of sovereign immunity to which governmental entities are subject. It is expressly
understood that this provision shall not be construed as a waiver of any right or defense that the
parties have under Section 768.28 or any other statute.
The parties to this Agreement acknowledge the potential of unlawful hacking to gain surreptitious
access into confidential systems The COUNTY has deployed reasonable steps and safeguards as
part of a Network security program,but these systems may not be able to defeat every attempt to
gain unlawful access to applications or data. Each party is responsible for protecting its own
applications, databases, and servers. Each party, however, shall review each other's security
procedures and notify each other with reasonable promptness of concerns or issues regarding the
same.
Section 8 Damaee Caused by Disasters
Should the COUNTY's IT infrastructure be damaged or destroyed by a natural or man-made event
to the extent that the cost to repair or replace these services becomes economically unfeasible,this
Agreement is automatically terminated at the sole discretion of the COUNTY, unless the
governing bodies of both the LOCAL GOVERNMENT and COUNTY authorize its continuation
and associated funding to repair or restore the affected area(s).
Section 9 Notice
Any notice,request,instruction,demand,consent,or other communication required or permitted
to be given under this Agreement shall be in writing and shall be delivered either by hand or by
certified mail,postage prepaid,and certified return receipt requested to the following addresses or
such other addresses as the parties may provide to each other in writing:
Page 3 of it
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
To: City of Boynton Beach
Daniel Dugger,City Manager
100 E Ocean Ave
Boynton Beach,FL 33435
(Telephone:561-742-6010)
With a copy to: City of Boynton Beach
Shawna Lamb,City Attorney
100 E Ocean Ave
Boynton Beach,FL 33435
(Telephone:561-742-6050
To: COUNTY: County Administrator
do Archie Satchell,Information Systems Services CIO
Palm Beach County Board of County Commissioners
301 N.Olive Avenue,8th floor
West Palm Beach,FL 33401
(Telephone: 561-355-2823)
With a copy to: County Attorney's Office
Palm Beach County Board of County Commissioners
301 N.Olive Avenue,Suite 601
West Palm Beach,FL 33401
(Telephone: 561-355-2225)
Section 10 Entire Agreement
This Agreement sets forth the entire agreement between the parties. There are no promises or
understandings other than those stated herein.
Section 11 Choice of Law and Venue
This Agreement shall be governed by the laws of the State of Florida. Unless otherwise agreed to
in writing by the parties,any and all legal action necessary to enforce the Agreement shall be held
in a court of competent jurisdiction located in Palm Beach County,Florida.
Page 4 of ii
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 12 Binding Agreement
This Agreement is binding upon the parties hereto,their heirs,successors,and assigns.
Section 13 Subject to Funding
Each party's performance and obligations for subsequent fiscal years are contingent upon annual
appropnations for its purpose.
Section 14 Nondiscrimination
Both parties warrant and represent that all of its employees are treated equally during employment
without regard to race,color,religion,disability,sex,age,national origin,ancestry,marital status,
familial status,sexual orientation,or genetic information. The parties further warrant and agree
that no person shall be excluded from the benefits of or be subjected to any form of discrimination
under any activity carried out in the performance of this Agreement.
Section 15 Public Records
Notwithstanding anything contained herein,as provided under Section 119.0701,F.S.,the LOCAL
GOVERNMENT shall comply with the requirements of Section 119.0701,Florida Statutes,as it
may be amended from time to time The LOCAL GOVERNMENT is specifically required to:
A. Keep and maintain public records required by the COUNTY to perform services as
provided under this Agreement.
B. Upon request from the COUNTY's Custodian of Public Records, provide the
COUNTY with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided
in Chapter 119 or as otherwise provided by law. The LOCAL GOVERNMENT
further agrees that all fees,charges and expenses shall be determined in accordance
with Palm Beach County PPM CW-F-002,Fees Associated with Public Records
Requests,as it may be amended or replaced from time to time.
C. Ensure that public records that are exempt,or confidential and exempt from public
Page 5 of it
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
records disclosure requirements are not disclosed except as authorized by law for
the duration of the agreement term and following completion of the Agreement,if
the LOCAL GOVERNMENT does not transfer the records to the public agency.
D. Upon completion of the Agreement,the LOCAL GOVERNMENT shall transfer,
at no cost to the COUNTY, all public records in possession of the LOCAL
GOVERNMENT unless notified by COUNTY's representative/liaison,on behalf
of the COUNTY's Custodian of Public Records, to keep and maintain public
records required by the COUNTY to perform the service. If the LOCAL
GOVERNMENT transfers all public records to the COUNTY upon completion of
the Agreement, the LOCAL GOVERNMENT shall destroy any duplicate public
records that are exempt,or confidential and exempt from public records disclosure
requirements. If the LOCAL GOVERNMENT keeps and maintains public records
upon completion of the Agreement, the LOCAL GOVERNMENT shall meet all
applicable requirements for retaining public records. All records stored
electronically by the LOCAL GOVERNMENT must be provided to COUNTY,
upon request of the COUNTY's Custodian of Public Records,in a format that is
compatible with the information technology systems of COUNTY, at no cost to
COUNTY.
Failure of the LOCAL GOVERNMENT to comply with the requirements of this article shall be a
material breach of this Agreement. COUNTY shall have the right to exercise any and all remedies
available to it, including but not limited to, the right to terminate for cause. LOCAL
GOVERNMENT acknowledges that it has familiarized itself with the requirements of Chapter
119,F.S.,and other requirements of state law applicable to public records not specifically set forth
herein.
IF THE LOCAL GOVERNMENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
LOCAL GOVERNMENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM
BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE
AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT
RECORDSREQUEST(a?PBC.GOV OR BY TELEPHONE AT 561-355-6680.
Page 6 of ii
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 16 Access and Audits
The LOCAL GOVERNMENT shall maintain records relating to this Agreement for at least five
(5)years after completion or termination of this Agreement. The COUNTY shall have access to
such books,records,and documents as required in this section for the purpose of inspection or
audit during normal business hours,at any of the LOCAL GOVERNMENT'S places of business.
Section 17 Inspector General
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code,Section 2-421—2-440,as may be amended. The Inspector General's authority includes but
is not limited to the power to review past,present and proposed COUNTY contracts/agreements,
transactions, accounts and records, to require the production of such records, and to audit,
investigate, monitor, and inspect the activities of the LOCAL GOVERNMENT, its officers,
agents, employees, and lobbyists in order to ensure compliance with contract/agreement
requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interference or impeding any investigation shall
be in violation of Palm Beach County Code, Section 2-421 —2-440, and punished pursuant to
Section 125.69,Florida Statutes,in the same manner as a second degree misdemeanor.
Section 18 Regulations,Licensing Requirements
The LOCAL GOVERNMENT shall comply with all laws,ordinances and regulations applicable
to the services contemplated herein,to include those applicable to conflict of interest and collusion.
The LOCAL GOVERNMENT is presumed to be familiar with all federal,state and local laws,
ordinances,codes and regulations that may in any way affect the services offered.
Section 19 No Third Party Beneficiary
No provision of this 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 recipient,or official,employee,or volunteer of either party.
Section 20 No Agency
Page 7 of 1 r
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Nothing contained herein is intended to nor shall create an agency relationship between the
COUNTY and LOCAL GOVERNMENT.
Section 21 No Assignability
Neither this Agreement nor any obligation hereunder shall be assigned,subcontracted,transferred
or otherwise encumbered by LOCAL GOVERNMENT,without the prior written consent of the
COUNTY.
Section 22 Amendments
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified,superseded or otherwise altered,except by written instrument executed by the parties
hereto.
Section 23 Waiver
If the COUNTY shall waive any provisions of the Agreement or fail to enforce any of the
conditions or provisions of this Agreement,such waiver shall not be deemed a continuing waiver
and shall never be construed as such; and the COUNTY shall thereafter have the right to insist
upon the enforcement of such conditions or provisions.
Section 24 Continuing Obligations
Duties or obligations that are of a continuing nature extending beyond the Agreement's expiration
or termination, including but not limited to those set forth in Section 7, shall survive the
Agreement's termination or expiration.
Section 25 Joint Preparation
The preparation of this Agreement has been a joint effort of the parties,and the resulting document
shall not be construed more severely against one of the parties than the other.
Page 8 of ii
-
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 26 Severability
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other than
those as to which it is held invalid or unenforceable,shall not be affected,and every other term
and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by
law.
Section 27 Scrutinized Companies
As provided in F.S. 287.135(2)(a), by entering into this Agreement,LOCAL GOVERNMENT
certifies that it,its affiliates,suppliers,subcontractors and consultants who will perform or benefit
hereunder, have not been placed on the Scrutinized Companies that boycott Israel List, or is
engaged in a boycott of Israel,pursuant to F.S.215.4725.
When agreement value is greater than$1 million: As provided in F.S. 287 135,by entenng
into this Agreement or performing any work in furtherance hereof,the LOCAL GOVERNMENT
certifies that it,its affiliates,suppliers,subcontractors and consultants who will perform hereunder,
have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized
Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S.
215.473 or is engaged in business operations in Cuba or Syria.
If the COUNTY determines, using credible information available to the public, that a false
certification has been submitted by LOCAL GOVERNMENT,this Agreement may be terminated
and a civil penalty equal to the greater of$2 million or twice the amount of this Agreement shall
be imposed,pursuant to F.S. 287.135. Said certification must also be submitted at the time of
Agreement renewal,if applicable.
Section 28 Public Entity Crimes
As provided in F.S 287.132-133, by entering into this agreement or performing any work in
furtherance hereof, the LOCAL GOVERNMENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder,have not been placed on the convicted
Page 9 of li
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
vendor list maintained by the State of Florida Department of Management Services within the 36
months immediately preceding the date hereof. This notice is required by F.S.287.133(3)(a).
Section 29 Counterparts
This Agreement, including the exhibits referenced herein, may be executed in one or more
counterparts, all of which shall constitute collectively but one and the same Agreement. The
COUNTY may execute the Agreement through electronic or manual means. LOCAL
GOVERNMENT shall execute by manual means only,unless the COUNTY provides otherwise.
Section 30 E-Verify—Employment Eligibility
LOCAL GOVERNMENT warrants and represents that it is in compliance with section 448.095,
Florida Statutes,as may be amended No later than January 1,2021,LOCAL GOVERNMENT
shall register with and use the E-Verify System (E-Verify.gov), to electronically verify the
employment eligibility of all newly hired workers. COUNTY shall terminate this Contract if it
has a good faith belief that LOCAL GOVERNMENT has knowingly violated Section 448.09(1),
Florida Statutes,as may be amended.
------------ Balance of page left intentionally blank
Page 10 of ii
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
IN WITNESS WHEREOF,the COUNTY and LOCAL GOVERNMENT have each caused this
Agreement to be executed by its duly authorized official as of the date first set forth above.
ATTEST: R 2025 1 3 7
PALM BEACH COUNTY OCT 0 7 2025
,,n, Palm Beach County,By Its
Clerk&Compt H ' i 'CG , Board of County Commissioners
rpt •
eWABE4cy •.�'
s0: N;
B ;o: UN s By.Ada )'�l /�' '�it�a,
By: s 23
eputy b Maria G.Marino,Mayor
1,
(SEAL)
APPROVED AS TO LEGAL APPROVED AS TO TERMS AND
SUFFICIENCY CONDITIONS
By: C , By:
ounty Attorney Archie Satchel!,CIO,ISS
CITY OF BOYNTON BEACH
Bye 1 i By:
May 1�e Jesus, ' Clerk ebecca Shelton,Mayor
i .••GpRPQq. 6, k,
APPROVED AS TO LEGAL / • S. I'
SUFFICIENCY or,
_
NCO
920Teo:
Is
By: / /. // ///I`//,``C/C•,RIDA -
Shawna Lamb,City Attorney
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
EXHIBIT A
The purpose of this Exhibit is to delineate the network services to be provided to the LOCAL
GOVERNMENT by the COUNTY to identify the roles and responsibilities of the COUNTY and
the LOCAL GOVERNMENT in this regard,to establish a problem resolution and issue escalation
procedure,and to specify associated costs and payment requirements.
These network services originally commenced on January 12,2010.
Section A: General Requirements for Network Services
Network services must be approved by both the COUNTY and the LOCAL GOVERNMENT if
said connection affects the entire network. However,all network services must meet the agreed-
upon technical specifications.
The COUNTY shall provide the LOCAL GOVERNMENT with access to the COUNTY's network
on a best-effort basis and as otherwise provided for herein.
Section B: Responsibilities for Network Manaeement
The COUNTY shall be responsible for the routine, day-to-day management of the COUNTY
network. Each party shall be responsible for day-to-day administration of the network routers
which they individually own.
The COUNTY shall be responsible for maintaining the primary network and all auxiliary
components of the network which exclusively serve COUNTY facilities. The COUNTY shall also
maintain auxiliary portions of the network which service both COUNTY and LOCAL
GOVERNMENT owned facilities. The LOCAL GOVERNMENT shall maintain that portion of
its own network which exclusively serves its facilities.
The COUNTY shall monitor bandwidth utilization on any network link between the COUNTY
and the LOCAL GOVERNMENT.
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Should the COUNTY perform repair and maintenance functions on behalf of the LOCAL
GOVERNMENT,it is with the understanding that the COUNTY's responsibility extends only to
the LOCAL GOVERNMENT"demarcation point." The demarcation point is the location which
defines where issues of maintenance responsibilities begin and end,considered to be COUNTY-
owned network equipment inside each of the LOCAL GOVERNMENT's buildings or facilities
connected to the COUNTY network. The COUNTY will be responsible for maintaining all
network infrastructures to the point of the network equipment connection to the LOCAL
GOVERNMENT demarcation point(s). Entrance facilities at LOCAL GOVERNMENT owned
locations from the road to demarcation point belong to the LOCAL GOVERNMENT,whereas the
fiber within may belong to the COUNTY.
Maintenance and restoration work provided by the COUNTY shall be limited to the fiber optic
cable and service drops,the individual fibers within the cable and service drops,all 802.16 radio
equipment,and the COUNTY routers installed at the LOCAL GOVERNMENT. The COUNTY
shall have no obligation or right to perform maintenance or restoration on any electronics or other
equipment owned by the LOCAL GOVERNMENT or any third party. Notwithstanding the
foregoing,should the need arise for maintenance or restoration,the parties hereto may agree to an
amendment to this Agreement permitting the COUNTY to perform maintenance or restoration on
LOCAL GOVERNMENT owned electronics or other equipment.
The COUNTY shall provide maintenance to COUNTY owned and operated equipment on a 7-
day/24-hour basis and may contract for repair services when deemed necessary. The COUNTY
shall abide by agreed upon security requirements of the LOCAL GOVERNMENT. In the event
that an outside contractor is needed,the COUNTY shall select,supervise,and coordinate with the
contractor to complete the repair.
Section C: Network Equipment Ownership
The COUNTY,as represented by the COUNTY,shall own all of its network equipment and assets.
The LOCAL GOVERNMENT shall continue to maintain ownership of its current network assets.
Only the COUNTY is permitted to connect,expand,or otherwise routinely modify its network
components. Furthermore, any and all technological changes relative to the network will be
implemented at the discretion of the COUNTY. Notwithstanding the foregoing,the COUNTY
agrees to use its best efforts to keep pace with technological changes.
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Should the LOCAL GOVERNMENT receive grant funds to assist with the construction or
maintenance of the network,any provisions,limitations,or restrictions associated with the grant(s)
shall not affect or apply to the COUNTY.
Section D: Network Connection
The LOCAL GOVERNMENT will be provided with a connection to the COUNTY fiber network
to meet the network service requirements as specified in this Exhibit. The LOCAL
GOVERNMENT shall pay the installation charges and monthly charges as set forth in this Exhibit.
Section E: Modifications to Network
If the LOCAL GOVERNMENT proposes a modification or connection of a new building to the
network,it shall notify and submit any applicable construction documents to the COUNTY at least
thirty(30)calendar days prior to the date construction activities are expected to commence. Should
the planned activities of the LOCAL GOVERNMENT require the network to be upgraded,the
LOCAL GOVERNMENT shall be solely responsible for payment of all costs associated with such
modifications,unless there is prior agreement with the COUNTY to participate in a cost-sharing
arrangement for the modification.
The COUNTY shall review the modification proposals as soon as practicable and will render
recommendations with regard to the proposed modification. Any modifications or connections to
the network that may cause disruption or interference of service to any network users shall be
coordinated with the appropriate technical staff of both the LOCAL GOVERNMENT and the
COUNTY. The COUNTY agrees to perform such work at a time and in a manner to minimize
disruption and interference to the network users.
When either the LOCAL GOVERNMENT or the COUNTY enters into a contract with an outside
contractor for network-related services which benefit only that party,the contracting party shall
be individually responsible for remitting payment to the contractor performing work on the
network,and the non-contracting party shall not be responsible or held liable for such payment.
However,proposed changes to the network must be communicated in writing to the COUNTY for
review and approval. The parties however agree to comply with network security provisions.
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Section F: Network Interferences
The COUNTY shall have no requirement to purchase,install,operate,or maintain any equipment
on the premises of the LOCAL.GOVERNMENT. However,should any equipment owned by the
LOCAL GOVERNMENT render any harmful interference to the COUNTY's network equipment,
the COUNTY may disconnect any or all LOCAL GOVERNMENT owned network connections
after informing the LOCAL GOVERNMENT's designated technical Point of Contact(POC)of
the underlying reasons for the planned action to disconnect network facilities. Immediate efforts
will focus on attempting to resolve or remove the threat conditions. The COUNTY shall be the
sole party to determine if harmful interference has impacted the COUNTY network. The
COUNTY will utilize its best efforts to prevent any unanticipated network outages should
interferences be noted.
Section G: Damace Caused by Disasters
Should the network sustain damage to an Auxiliary Route used only by either the LOCAL
GOVERNMENT or the COUNTY,the owning party shall determine if the cable will be repaired
or replaced.
Section H: Network Seenrit`
The parties to this Exhibit acknowledge the potential of unlawful hacking to gain surreptitious
access into confidential systems. The COUNTY has implemented reasonable steps and safeguards
as part of a network security program,but these systems may not be able to defeat every attempt
to gain unlawful access to applications or data. Each party is responsible for protecting its own
applications, databases, and servers. Each party, however, shall review each other's security
procedures and notify each other with reasonable promptness of concerns or issues regarding the
same.
Section 1: Description of Services
A. Baseline services from the COUNTY through the COUNTY will include:
t. ongoing maintenance of connectivity to the demarcation point(s);
2. central network security at the COUNTY router port that feeds the LOCAL
GOVERNMENT network router connection;
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it
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
If necessary, security may shut down the LOCAL GOVERNMENT's entire
building feed to protect the networked systems from computer worms and viruses.
3. network design;
4. acquisition and management of network assets;
5. installation or relocation of network connections,wiring upgrades, installation of
bandwidth upgrades,or other specialized services;
6. network equipment installation and maintenance;
7. network security on COUNTY side of the demarcation point:
8. monitoring of network performance;
9. trouble reporting and tracking;
to. maintenance of the environmental factors in the COUNTY's facilities and closets
housing equipment crucial to the health and stability of the Network,including air
conditioning,power conditioning,and UPS equipment;and
it. disaster recovery protection,system reliability,and stability during power outages.
B. LOCAL GOVERNMENT Responsibilities will include:
t. all intra-building Network maintenance and security;
2. ensuring that back-door connectivity behind the building router is prohibited;
3. provisioning of its Dynamic Host Configuration Protocol(DHCP)services;
4. building infrastructure connectivity;
5, all grid (jack), wiring identification, and tracking for LOCAL GOVERNMENT
owned facilities;
6. providing, where possible. network engineers or technicians to assist with all
portions of network equipment attachments,from provisioning to troubleshooting;
Initial diagnostic actions will ideally be performed by the LOCAL
GOVERNMENT technical staff to evaluate whether the cause of any system
problem is associated with factors under the control of the LOCAL
GOVERNMENT.
7. ensuring that network security hardware and software is installed in order to
minimize the risk of a virus and surreptitious or otherwise inappropriate network
entry;
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
The LOCAL GOVERNMENT will ensure that security procedures,hardware,and
software are in place to prevent unauthorized access to the COUNTY network from
LOCAL GOVERNMENT owned network property.
8. requesting changes in network equipment attachments services;
Requests for changes shall be submitted to ISS CIO,or designee,for action. The
LOCAL GOVERNMENT shall be advised of the disposition of the request within
thirty(30)calendar days of submission. Such request shall include extension of
network services to additional sites identified by the LOCAL GOVERNMENT.
The LOCAL GOVERNMENT shall be responsible for all reasonable costs
associated with requested changes to network services approved by the COUNTY,
which approval shall not be unreasonably withheld.
9. providing,at its expense,the following equipment and facilities at each LOCAL
GOVERNMENT owned building(if required):
9 an environmentally stable and secure area large enough to accommodate a
19"-wide rack with a height up to 7 feet;and
This area shall contain two (2)dedicated electrical circuits for providing
power to the switching equipment.
9 air conditioning units which deliver a capacity of BTUs to the equipment
room as specified by the manufacturer of equipment installed at the LOCAL
GOVERNMENT's site.
The LOCAL GOVERNMENT shall periodically monitor the air
conditioning units to ensure temperatures are within acceptable limits.
so. adhering to a documented plan of security strategies deployed to prevent
unauthorized access into the physical location(s)where network access could be
gained, and ensuring that it has robust and efficient security software and
procedures in place to prevent unauthorized access to the network;and
ii. promptly paying for the COUNTY's charges,such charges being set out in Section
N of this Exhibit,which charges will be invoiced quarterly.
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Section J: Availability of COUNTY Network Services
The COUNTY will provide the LOCAL GOVERNMENT with access to the COUNTY network
on a best-effort basis. The COUNTY's goal will be to provide 99.9%availability. The COUNTY
reserves the right to prioritize its maintenance and recovery efforts, while at the same time
providing availability to the LOCAL GOVERNMENT.
In the event that Network availability is documented by the COUNTY and declared by the LOCAL
GOVERNMENT to be less than 99.9% for two (2) consecutive months, the LOCAL
GOVERNMENT shall not be liable for service charges beyond the date of said declaration of non-
performance until service is satisfactorily restored. The reduction of previously paid or dismissal
of unpaid service fees will be calculated on a pro-rata basis.
Section K: Protocol for Reporting Network Service Problems
All service issues should first be reported to the LOCAL GOVERNMENT's IT support staff. If
the LOCAL GOVERNMENT's initial diagnosis of the reported problem indicates that it is related
to network connectivity(e.g.,connection lost,slow response time)rather than a problem at the
application, server,or desktop computer level, the IT technician should immediately report the
service problem to the County Network Operations Center at 561-355-HELP(4357). All service
problems reported by the LOCAL GOVERNMENT will be recorded and tracked in the
COUNTY's Automated Help Desk System until problem resolution and service restoration.
Response time service levels are established at the time the call is reported based on the severity
of the issue. The service level target for problem diagnosis and response to the LOCAL
GOVERNMENT is within one(1)hour of the reported problem. The COUNTY also employs an
escalation process for problems which are not resolved according to the established standards.
Section L: Access for Network Service and Maintenance
The COUNTY shall coordinate with and obtain prior written approval from the LOCAL
GOVERNMENT designee as to the time of any planned maintenance,repair,or installation work.
However,the LOCAL GOVERNMENT shall provide the COUNTY with access to its equipment
on a 24-hour/7-day per week basis. During normal business hours,the COUNTY shall ensure that
all the COUNTY personnel or contractors representing the COUNTY sign in prior to commencing
any work, and sign out prior to leaving the facility. On weekends, holidays, or after normal
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
business hours,the COUNTY's representative shall call the LOCAL GOVERNMENT to report
any emergency that requires access to any LOCAL GOVERNMENT owned facility. The LOCAL
GOVERNMENT shall make reasonable efforts to arrange for access of the COUNTY's personnel
as quickly as possible. The COUNTY shall supply the LOCAL GOVERNMENT with a list of
authorized COUNTY employees who will carry in their possession badges for identification
purposes.
The COUNTY represents that it has verified that neither the COUNTY nor the COUNTY's
contractors, nor any of their respective employees, agents, or representatives who have been
convicted or who are currently under investigation for a crime delineated in Florida Statutes
§435.04 shall have access to LOCAL GOVERNMENT owned buildings under the Agreement.
Section M: Issue Escalation Contacts
Palm Beach County ISS
Palm Beach County 24x7 Network Services Help Desk: 561-355-HELP(4357)
April Warren,Senior Manager
561-355-6777(office)
561-358-5783(cell)
amwarren@pbc.12ov
Michael Butler,Director of ISS Network Services
561-355-4601 (office)
561-722-0850(cell)
nthuticr;ia._pl,c.g<v
Archie Satchel],Chief Information Officer of ISS
561-355-3275(office)
772-979-6607(cell)
asatchcll 1@pbc.gov
LOCAL GOVERNMENT Information Services
Charles Stevens,Jr.,Division Director,ITS Network
561-742-6079(office)
561-644-4214(cell)
stevensciii;bbfl.us
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Section N: Fees and Charees for Network Connectivity and Related Services
The COUNTY will serve as project manager and incur all costs associated with the installation
and connection of the network and network equipment at the LOCAL GOVERNMENT's building.
The LOCAL GOVERNMENT will be responsible for reimbursement to the COUNTY of said
costs,as listed and described in the Table below under"Installation Charges".
Service charges,as listed and described in the Table below,will be assessed on a monthly basis,
and the COUNTY will invoice the LOCAL GOVERNMENT quarterly.
LOCAL GOVERNMENT Network Service and Billing Matrix
Monthly Monthly FL Annual
Service Band- Installation County LambdaRail Charges
Location Start Date width Charges Charges Charges (excl.Install)
City Hall
100 E Ocean Ave, 1/12/2010 2 Gb $o $1,250 $50 $15,600
Boynton Beach,FL
33435
Network Hand-off 2/1/2020 N/A So $25 $o $300
TOTALS $o $1,275 $50 $15,900
&planation of Charges:
installation Charges—This is an estimated cost. The actual final cost for this installation will be billed
to the LOCAL GOVERNMENT as a one-time invoice based on(1)the billing statement from the
vendor for this work and(2)the actual cost to COUNTY of the equipment installed and labor.
Monthly County Charges—The monthly charge paid by the LOCAL GOVERNMENT based on the
COUNTY Rate Sheet for Network Services.
Monthly Florida LambdaRail(FLR)Charges—FLR charges the COUNTY this fee to connect the
LOCAL GOVERNMENT to the FLR via PBCnet. This fee is set by the agreement between the COUNTY
and the FLR and is subject to change. This fee is a direct pass through cost to the LOCAL
GOVERNMENT(see Sub-section Ni.-Cost Components below).
Annual Charges—The total annual recurring charges,excluding installation charges,paid by the
LOCAL GOVERNMENT.
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Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
The COUNTY has received approvals from the FLR for the LOCAL GOVERNMENT to be
connected to the COUNTY fiber network and gain access to the FLR for either internet or transport
purposes.
Nl. Cost Components
The monthly FLR fee identified above includes direct costs incurred by the COUNTY to connect
to the FLR. In the event the Board of Directors of the FLR implement a pricing change and the
County receives notice of that change,the COUNTY agrees to review the financial impact and
make appropriate rate adjustments.
N2. Militia and Payment
The COUNTY shall submit quarterly invoices to the LOCAL GOVERNMENT which shall
include a reference to this Agreement and identify the amount due and payable to the COUNTY.
Section 0: Annual Review of Fees and Charges
The COUNTY reserves the right to review the fees and charges included in this Exhibit on a yearly
basis and make appropriate rate adjustments. Should an adjustment be warranted,sixty(60)days
notice will be provided.
Section P: Additional IT Services
Upon request for assistance,the ISS CIO may,at the CIO's discretion,permit staff resources to
assist the LOCAL GOVERNMENT in the execution of certain information technology
responsibilities. These additional services can be requested by submitting a Task Order(Appendix
1). These services will be charged at the rate of$12S/hour with a not4o-exceed cost of$50,000
per Task Order. These services may also require the purchase of additional resources,including
but not limited to hardware and software. The LOCAL GOVERNMENT is responsible for all
associated costs for these additional resources. An estimate for each Task Order will be available
upon request by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT agrees to fully
reimburse the COUNTY for all costs associated with the rendering of the COUNTY staff
assistance and/or information technology resources. If the cost of services exceeds$50,000,the
Task Order shall be approved by the Board of County Commissioners.
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