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R26-107 RESOLUTION NO. R26-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR CITY SERVICES BETWEEN THE CITY OF 4 BOYNTON BEACH AND BOYNTON BEACH COMMUNITY 5 REDEVELOPMENT AGENCY FOR THE ADDITION OF CITY CLERK AND 6 PROCUREMENT SERVICES; AND FOR ALL OTHER PURPOSES. 7 ti WHEREAS, the Parties entered into that certain Interlocal Agreement Between the City of 0 Boynton Beach and the Boynton Beach Community Redevelopment Agency ("CRA") for City 10 Services, including City Manager Interim Executive Director Services, Human Resource Services, I I Finance Services, and Information Technology Services, dated April 21, 2026 (the "Agreement"); 12 and 13 WHEREAS, the Parties desire to expand the scope of City services provided to the CRA 14 under the Agreement to include City Clerk services, including public records request processing, 15 records retention, agenda preparation, and meeting minutes services, and Procurement Services, 16 including solicitation management and administration, contract review and compliance, vendor 17 management, and procurement advisory services; and Is WHEREAS, the Parties have determined that adding City Clerk and Procurement Services 19 to the Agreement is in the best interests of the residents and citizens of Boynton Beach and serves 20 a proper public purpose in furtherance of the CRA Redevelopment Plan; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to approve the First Amendment to the Interlocal 23 Agreement for City Services between the City and Boynton Beach CRA for the addition of City 24 Clerk and Procurement Services. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve the First Amendment to the Interlocal Agreement for City Services between the City and RESOLUTION NO. R26-107 32 Boynton Beach CRA for the addition of City Clerk and Procurement Services (the "Amendment"), 33 in form and substance similar to that 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 any 36 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 37 SECTION 4. The City Clerk shall ensure the Amendment is executed by all parties. Upon 38 full execution of the Amendment, the Amendment shall be filed with the Clerk of the Circuit Court 39 of Palm Beach County, Florida, as required by Section 163.01(11), Florida Statutes, for interlocal 40 agreements. 41 SECTION 5. This Resolution shall take effect in accordance with the law. 42 [SIGNATURES ON THE FOLLOWING PAGE] 43 RESOLUTION NO. R26-107 44 PASSED AND ADOPTED this 1 L day of J1‘,-.e. 2026. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor- Rebecca Shelton ✓ 48 49 Vice-Mayor-Thomas Turkin ✓ 50 51 Commissioner-Angela Cruz 52 53 Commissioner- Mack McCray ✓ 54 55 Commissioner-Aimee Kelley ✓ 56 57 VOTE 58 ATTEST: 59 60 ii#/L _S4T/l 61 Tammy Sta 'ione, C Re cca Shelton 62 Interim City Clerk Mayor 63 64 _ - � APPROVED AS TO FORM: "e,OY N TO 65 (Corporate Seer oN ......... '11 66 �� GORPORgTF••• 67 U • SEAL':_ 4eivtif 68 INCORPORATED: Shawna G. Lamb 69 \ 1920 .' City Attorney • `���FCORION== FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (ADDITION OF CITY CLERK AND PROCUREMENT SERVICES) THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT("First Amendment") is made and entered into this Ilo day of 3vr.t , 2026, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate created pursuant to Part III, Chapter 163, Florida Statutes("CRA") (collectively,the "Parties"). RECITALS WHEREAS,the Parties entered into that certain Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for City Services, Including City Manager Interim Executive Director Services, Human Resource Services, Finance Services, and Information Technology Services, dated April 21, 2026(the "Agreement"); and WHEREAS, the Parties desire to expand the scope of City services provided to the CRA under the Agreement to include City Clerk services, including public records request processing, records retention, agenda preparation, and meeting minutes services, and Procurement Services, including solicitation management and administration, contract review and compliance, vendor management, and procurement advisory services; and WHEREAS, the Parties have determined that adding City Clerk and Procurement Services to the Agreement is in the best interests of the residents and citizens of Boynton Beach and serves a proper public purpose in furtherance of the CRA Redevelopment Plan; NOW,THEREFORE, in consideration of the mutual covenants and promises contained herein,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DEFINED TERMS; INCORPORATION. All capitalized terms used but not defined in this First Amendment shall have the meanings ascribed to them in the Agreement.The Agreement is hereby incorporated by this reference as if fully set forth herein. In the event of a conflict between this First Amendment and the Agreement, this First Amendment shall control. 3. AMENDMENT TO TITLE. The title of the Agreement shall be amended and shall hereinafter be the Master Administrative Services Agreement. Notwithstanding the foregoing the change in title, the Agreement shall continue to be referred to herein as the Agreement. 4. AMENDMENT TO SECTION 2.9 (DEFINITION OF "SERVICES"). Section 2.9 of the Agreement is hereby amended to add City Clerk Services as an additional Service category. The definition of "Services" in Section 2.9 is amended to read as follows (new language underlined): "Services" means collectively the Interim Executive Director Services, Human Resource Services, Finance Services, Information Technology Services, City Clerk Services, and Procurement Services described herein, and any additional services as may be added to this Agreement by duly executed written amendment. Each of the Interim Executive Director Services, Human Resource Services, Finance Services, Information Technology Services, City Clerk Services, Procurement Services, and any additional services may be referred to individually herein as a 'Service category."' 5. AMENDMENT TO SECTION 4.1(DELEGATION OF INTERIM EXECUTIVE DIRECTOR DUTIES). Section 4.1 of the Agreement is hereby amended to expressly authorize the City Manager to delegate Interim Executive Director duties to the City's Development Director, in addition to the assistant and deputy city managers already identified in that Section. The third sentence of Section 4.1 is amended to read as follows (new language underlined): "Acting in his dual capacity as Interim Executive Director and City Manager,the City Manager may, in addition to directing CRA Staff members, appoint or designate a qualified City employee to perform specific operational duties under this Section on the City Manager's behalf, provided that such direction is consistent with the City employee's terms of employment with the City and further provided the City Manager shall retain overall authority and accountability for the Services described herein. The Parties specifically authorize the City Manager to delegate to an assistant or deputy city manager, or to the City's development director, any Interim Executive Director duty, provided that each assistant or deputy city manager and the development director shall have the personal right, in their sole discretion,to refuse any such assignment,which refusal shall not be deemed to impact their performance in their role as City employee." 6.ADDITION OF NEW SECTION 8(CITY CLERK SERVICES). The Agreement is hereby amended to add a new Section 8, "City Clerk Services," to be inserted immediately following existing Section 7 (Information Technology Services). New Section 8 shall read as follows: 8. CITY CLERK SERVICES. 8.1 Scope of City Clerk Services. The City Clerk's Office shall provide City Clerk services to the CRA as outlined in this Section ("City Clerk Services"). The City Clerk, or designee, shall serve as the primary contact for City Clerk Services. City Clerk Services are intended to support the CRA's compliance with applicable Florida law governing public records, records retention,and public meeting requirements. 8.2 City Clerk Service Components. City Clerk Services shall include, but are not limited to: • Meeting Attendance and Minutes: Attending CRA Board meetings and other designated CRA meetings to prepare, transcribe, and finalize official minutes; maintaining the official minute books of the CRA Board in compliance with applicable law; and certifying minutes as required; City/CRA Services ILA First Amendment(5.14.26) 2 4898-5023-4039,v. 1 • Agenda Preparation: Assisting in the preparation, formatting, and distribution of agendas for CRA Board meetings and special meetings, in accordance with applicable law and CRA Board policies;ensuring agenda packages are published and noticed in compliance with the Florida Government in the Sunshine Law, Chapter 286.011, Florida Statutes; • Public Records Request Processing: Receiving, logging, coordinating, and responding to public records requests directed to the CRA, in compliance with Chapter 119, Florida Statutes, including coordination with CRA staff and CRA legal counsel to identify and produce responsive records, assess applicable exemptions, and calculate and collect lawful fees; • Records Retention: Implementing and maintaining a records retention schedule for CRA records in compliance with Chapter 119 and applicable Division of Library and Information Services general records schedules; providing guidance to CRA staff on records classification, retention periods, and lawful disposition; and coordinating destruction of records eligible for disposal in accordance with applicable law; • Document Filing and Attestation:Attestation and filing of CRA resolutions,agreements, and other official documents as requested by the Executive Director or CRA Board; maintaining an official record of all CRA Board actions; • Such other City Clerk services as may be mutually agreed upon by the Parties in writing. 8.3 CRA Responsibilities. The CRA Executive Director shall designate a primary staff contact for coordination with the City Clerk's Office. The CRA shall provide the City Clerk's Office with timely access to all records, documents, and information necessary to perform the City Clerk Services, and shall cooperate fully with the City Clerk in the performance of these Services. 8.4 Compliance. All City Clerk Services shall be performed in strict compliance with Chapter 119, Chapter 286.011, and all other applicable Florida Statutes and administrative rules governing public agencies. 8.5 Compensation for City Clerk Services. The CRA shall pay the City for City Clerk Services in the amount of$1,701.09 per month for FY 2025-2026, invoiced monthly,for a total annual estimated fee of$20,413.08. Beginning October 1, 2026, and on each October 1 thereafter during the term of this Agreement, the City Clerk Services fee shall automatically increase by five percent (5%), rounded to the nearest cent, without the need for a written amendment. Either Party may request renegotiation of City Clerk Services fees by written notice if: (a)the City's actual cost increase for City Clerk Services in any fiscal year exceeds the five percent(5%) escalator; (b) a change in applicable federal, state, or local law requires the City to perform additional City Clerk functions or incur material additional costs not contemplated at the time of execution; or (c) the scope of CRA operations materially changes. A renegotiation request shall initiate a sixty(60) day good-faith negotiation period. If the Parties do not reach an agreement within that period, either Party may discontinue City Clerk Services upon sixty (60) days' written notice pursuant to Section 3.3 of the Agreement, without affecting any other Service category or the Agreement as a whole. 7.ADDITION OF NEW SECTION 9 (PROCUREMENT SERVICES). The Agreement is hereby further amended to add a new Section 9,"Procurement Services,"to be inserted immediately following new Section 8(City Clerk Services). New Section 9 shall read as follows: 9. PROCUREMENT SERVICES. City/CRA Services ILA First Amendment(5.14.26) 3 4898-5023-4039,v 1 9.1 Scope of Procurement Services.The City's Procurement Department shall provide comprehensive procurement services to the CRA as set forth in this Section ("Procurement Services"). The City's Procurement Director, or designee, shall serve as the primary contact for Procurement Services. Procurement Services are intended to support the CRA's compliance with applicable Florida law governing public procurement and contracting, including Chapter 163, Part III, and applicable CRA procurement policies. The listing of services below is illustrative and not intended to limit the scope of Procurement Services, which shall encompass all functions necessary to manage the CRA's procurement activities in accordance with applicable law and best practices in public procurement. The scope of Procurement Services does not include solicitations concerning real property disposal, which shall continue to be administered by the CRA; however, the CRA staff may consult with the City's Procurement Department concerning real property disposal on an as-needed basis as part of the Procurement Services described herein. 9.2 Procurement Service Components. Procurement Services shall include, but are not limited to: • Solicitation Management and Administration: Preparing, advertising, and administering Invitations to Bid (ITBs), Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and other competitive solicitations on behalf of the CRA, in compliance with applicable Florida law and CRA procurement policies, including coordination of pre-solicitation conferences, addenda, and solicitation opening procedures; • Contract Review and Compliance: Reviewing proposed contracts and amendments for compliance with applicable procurement law and CRA policy; advising CRA staff and the Executive Director on procurement thresholds, sole/single source justifications, and piggyback/co-op authority; maintaining contract files and procurement records in compliance with Chapter 119, Florida Statutes; • Vendor Management: Maintaining vendor registration, statutory compliance, and prequalification processes; managing vendor performance documentation; coordinating vendor insurance verification and compliance with applicable contractor requirements;and administering vendor debarment and suspension procedures in accordance with applicable law and CRA policy; • Procurement Training and Advisory Services: Providing guidance and training to CRA staff on procurement requirements, competitive solicitation procedures, and contract administration best practices; advising the Executive Director and CRA Board on procurement policy development and updates; • Such other procurement services as may be mutually agreed upon by the Parties in writing. 9.3 CRA Procurement Authority. Procurement Services provided under this Section are intended to support, not supplant,the CRA's procurement authority. All procurement decisions, contract awards, and expenditure approvals shall remain with the CRA Board or the Executive Director, or other authorized purchaser, as authorized under applicable law and the CRA's procurement policies. The Procurement Director shall serve in an advisory and administrative capacity and shall not have independent authority to bind the CRA. 9.4 Compliance. All Procurement Services shall be performed in strict compliance with applicable Florida law governing public procurement and all applicable CRA procurement policies and procedures. 9.5 Compensation for Procurement Services. The CRA shall pay the City for Procurement Services in the amount of ONE THOUSAND SIXTY-SIX DOLLARS AND SIXTY-SIX CENTS ($1,666.66) per month for City/CRA Services ILA First Amendment(5.14.26) 4 4898-5023-4039,v. 1 FY 2025-2026, invoiced monthly, for a total annual estimated fee of TWENTY THOUSAND DOLLARS ($20,000.00). Beginning October 1, 2026, and on each October 1 thereafter during the term of this Agreement, the Procurement Services fee shall automatically increase by five percent (5%), rounded to the nearest cent, without the need for a written amendment. Either Party may request renegotiation of Procurement Services fees by written notice if: (a) the City's actual cost increase for Procurement Services in any fiscal year exceeds the five percent (5%) escalator; (b) a change in applicable federal, state, or local law requires the City to perform additional procurement functions or incur material additional costs not contemplated at the time of execution; or (c) the scope of CRA procurement activities materially changes.A renegotiation request shall initiate a sixty(60)day good- faith negotiation period. If the Parties do not reach an agreement within that period,either Party may discontinue Procurement Services upon sixty (60) days' written notice pursuant to Section 3.3 of the Agreement, without affecting any other Service category or the Agreement as a whole. 8. RENUMBERING OF AGREEMENT SECTIONS. Existing Sections 8 through 27 of the Agreement are hereby renumbered as Sections 10 through 29, respectively, and all internal cross-references within the Agreement are deemed amended accordingly. 9. RATIFICATION OF AGREEMENT. Except as expressly modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect and are hereby ratified and confirmed. The Agreement and this First Amendment shall be read and construed together as a single, integrated document. 10. COUNTERPARTS. This First Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic and facsimile signatures shall be deemed originals for all purposes. 11. EFFECTIVE DATE. This First Amendment shall become effective on the date last signed by the Parties. City/CRA Services ILA First Amendment(5.14.26) 5 4898-5023-4039,v. 1 IN WITNESS WHEREOF,the Parties have caused this First Amendment to be executed by their respective duly authorized representatives on the day and year written below. CITY OF BOYNTON BEACH BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Rebel a Shelton, Mayor By: Rebecca Shelton, Chair City of :u nto :each Boynto B•:ch C' Board Date: // Date: i APPROVED AS TO FORM: Gt,k�l ate* a e2.7.6 Shawna Lamb, City Attorney Kathryn B. Rossmell, Esq. City of Boynton Beach CRA Board Attorney • of Boyti ‘ i �• �' F. to I%c A I1� -7 TFO * 111 4• / ••....._.••• City/CRA Services ILA First Amendment(5.14.26) 6 4898-5023-4039,v. 1