R25-288 RESOLUTION NO. R25-288
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO
3 THE AGREEMENT WITH HERA PROPERTY REGISTRY, LLC FOR
4 REGISTRATION AND MONITORING SERVICES FOR THE
5 ADMINISTRATOR OF RECORD FOR ABANDONED, FORECLOSED,
6 VACANT PROPERTIES WITHIN THE CITY; PROVIDING AN
7 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, on October 17, 2023, the City and Hera Property Registry, LLC ("Vendor"),
10 entered into Single Source Agreement No. DEV23-056R (the "Agreement") for Administrator of
11 Record for Abandoned, Foreclosed, Vacant Properties within the City, approved by Resolution
12 No. R23-143 on October 17, 2023; and
13 WHEREAS, on July 15, 2025, the City and vendor executed Amendment No. 1 to the
14 Agreement, extending the term for the first one-year renewal option, extending the agreement
15 through October 16, 2026; and
16 WHEREAS, the City is amending existing Ordinance No. 09-040 to include the
17 registration of Vacant Property, by repealing and replacing Ordinance No. 09-040 in its entirety
18 with Ordinance No. 25-015 (the "Ordinance"); and
19 WHEREAS, the City and Vendor desire to amend the Agreement to include registration
20 of properties in foreclosure and vacant property pursuant to the Ordinance; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
22 the best interests of the citizens and residents of the City of Boynton to approve Amendment
23 No. 2 to the Agreement with Hera Property, LLC for Administrator of Record for Abandoned,
24 Foreclosed, Vacant Properties within the City.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
26 BEACH, FLORIDA, THAT:
27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 SECTION 2. The City Commission hereby approves Amendment No. 2 to the
31 Agreement with Hera Property, LLC for Administrator of Record for Abandoned, Foreclosed,
32 Vacant Properties within the City (the "Amendment"), in form and substance similar to that
RESOLUTION NO. R25-288
33 attached as "Exhibit A".
34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
35 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute
36 any ancillary documents required under the Amendment or necessary to accomplish the
37 purposes of this Resolution.
38 SECTION 4. The fully executed Amendment shall be retained by the City Clerk as a
39 public record of the City, and a copy shall be provided to Candice Stone to forward to the
40 Vendor.
41 SECTION 5. This Resolution shall take effect as provided by law.
42
43 [SIGNATURES ON FOLLOWING PAGE]
RESOLUTION NO. R25-288
44 PASSED AND ADOPTED this 1day of'Ja/.eirn X2025.
45 CITY OF BOYNTON BEACH, FLORIDA
46 YES NO
47 I-
48 Mayor— Rebecca Shelton
49
50 Vice Mayor—Woodrow L. Hay
51 f
52 Commissioner—Angela Cruz
53
54 Commissioner—Thomas Turkin
55
IV
I 56 Commissioner—Aimee Kelley
57
58 VOTE c-----CD
59 ATT T:
60
6
I if 0 / / --)
62
63 Maylee De -sus, MPA, MC Rebecca Shelton
64 City Clerk Mayor
65
66 APPROVED AS TO FORM:
67
68 (Corporate Seal)
Aevm
69 �J
70 Shawna G. Lamb
71 City Attorney
Y OA,
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON
o . BEACH AND_HERA PROPERTY REGISTRY, LLC FOR REGISTRATION AND
, frP MONITORING SERVICES FOR THE ADMINISTRATOR OF RECORD FOR
tiros e
ABANDONED, FORECLOSED, VACANT PROPERTIES WITHIN THE CITY
This second Amendment ("Amendment") is entered into by and between the City of
Boynton Beach, a Florida municipal corporation ("City"), and HERA Property Registry, LLC, a
corporation registered to transact business in the State of Florida ("Vendor") (collectively
referred to as the "Parties").
RECITALS
A. On October 17, 2023, the Parties entered into Single Source Agreement No.
DEV23-056R (the "Agreement") for Administrator of Record for Abandoned, Foreclosed, Vacant
Properties within the City.
B. On July 15, 2025, the parties executed Amendment No. 1 to the Agreement
extending the term for the first one-year renewal option extending the agreement through
October 16, 2026.
C. The City is amending their existing Ordinance 09-040 to include the registration of
Vacant Property, by repealing and replacing Ordinance 09-040, in its entirety,with Ordinance No.
25-015 (the "Ordinance").
D. The Parties wish to amend their Agreement to include registration of properties
in foreclosure and Vacant Property pursuant to the Ordinance.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Agreement is amended by adding the following paragraph to Section 1.
RESPONSIBILITIES.
F. VENDOR will cite the City's Ordinance to property Owners required to register
Vacant Property. Vendor will electronically provide for registration of Vacant Properties
2nd Amendment to Contract No. DEV23-056R Page 1 of 4
A
pursuant to the Ordinance. Vendor will charge a fee of One Hundred Fifty Dollars
($150.00) semi-annually to Owners for registration of Vacant Property. Vendor shall
remit 50% of the vacant registration fee to the City (currently$75.00) in consideration of
the services provided. Vendor shall forward payment of the City's portion of the
registration fee to the City's Finance Department no later than the 15th day of the month
during the term of this Agreement.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not included in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City concerning any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern.
Vendor represents that it has not been placed on the "discriminatory vendor list" as
provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company"
pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and
certifies that it is not, and for the duration of the term of the Agreement, will not be
ineligible to contract with City on any of the grounds stated in Section 287.135, Florida
Statutes. Vendor represents that it is, and for the duration of the term of the Agreement
will remain, in compliance with Section 286.101, Florida Statutes.
(b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Vendor further
represents that there has been no determination that it committed a "public entity crime"
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Vendor has been placed on the convicted vendor list.
(c) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
2nd Amendment to Contract No. DEV23-056R Page 2 of 4
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(d) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or
any subcontractor will have access to an individual's personal identifying information
under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the
government of a foreign country of concern; (ii) the government of a foreign country of
concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized
under the laws of and does not have its principal place of business in, a foreign country
of concern. On or before the effective date of this Amendment, Vendor and any
subcontractor that will have access to personal identifying information shall submit to
City executed affidavit(s) under penalty of perjury, in a form approved by City attesting
that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes.
Compliance with the requirements of this section is included in the requirements of a
proper invoice for payment purposes. Terms used in this section that are not otherwise
defined in this Agreement shall have the meanings ascribed to such terms in Section
287.138, Florida Statutes.
(f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by City, nor shall anything included herein be construed as consent
by City to be sued by third parties in any matter arising out of this Agreement.
(g) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
(h)
7. The effective date of this Amendment shall be the date of complete execution by the
Parties.
8. This Amendment may be executed in multiple originals and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
2ne Amendment to Contract No. DEV23-056R Page 3 of 4
CITY
CITY OF YNTON BEACH
By _— - rWNTp `‘,
Rebecca Shelton, City Mayor ;pF POR..N6) ��
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4i1 „..FLORIOP
City Clerk
CITY ATTORNEY'S OFFICE
Approve as to form and e
By: M&uth4
VENDOR
By
Authorized Signer
C' ' Ce-c.
Print Name and Title
7th day of October 202 25
2"d Amendment to Contract No. DEV23-056R Page 4 of 4