26-023 ORDINANCE NO. 26-023
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2,
3 "ADMINISTRATION," ARTICLE II, "CITY MANAGER," SECTION 2-30
4 "POWERS AND DUTIES GENERALLY," BY CREATING A NEW
5 SUBSECTION "K," AUTHORIZING THE CITY MANAGER TO EXECUTE
6 CERTAIN CONTRACTS ON BEHALF OF THE CITY; PROVIDING FOR
7 CODIFICATION, SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City Manager is the chief administrative officer of the City and is
11 responsible to the City Commission for the administration of all City affairs; and
12 WHEREAS, the City Commission desires to establish policies regarding contract execution
13 authority for various contracts for programs and services that are routine in nature or otherwise
14 necessary for the implementation of City programs and services as further described herein; and
15 WHEREAS, over time,the City Commission has adopted numerous resolutions authorizing
16 the City Manager to execute various contracts and documents on behalf of the City, and it is a
17 best practice for such long-term authorizations and delegations of authority to be codified in the
18 City's Code of Ordinances to ensure compliance and provide clear guidance to City staff,
19 contractors, and the public; and
20 WHEREAS, the City Commission has previously adopted resolutions delegating contract
21 execution authority to the City Manager, including but not limited to Resolution 24-011
22 (procurement contracts), Resolution 24-094 (CRA property use agreements), Resolution 24-119
23 (law enforcement cooperation agreements), Resolution 25-060 (temporary on-the-job training
24 agreements), Resolution 25-106 (development applications and building permits), Resolution 25-
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ORDINANCE NO. 26-023
25 131 (SHIP program documentation), Resolution 25-215 (work experience program participants),
26 and Resolution 25-268 (affiliation and volunteer agreements), and this Ordinance consolidates
27 and codifies such prior delegations; and
28 WHEREAS, the City Commission has determined that in order for City administration to
29 function at the most efficient level, the City Manager shall be granted the authority to execute
30 certain contracts under the conditions specified herein.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
32 BOYNTON BEACH, FLORIDA:
33 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
34 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
35 Section 2: Part II, Chapter 2, Article II, Section 2-30, entitled "Powers and Duties
36 Generally" of the Code of Ordinances of the City of Boynton Beach, is hereby amended to create
37 subsection "K" as follows:
38 Part II, Chapter 2, Article II, entitled "City Manager."
39 Sec. 2-30. — Powers and duties generally.
40 The city manager shall be the chief administrative officer of the city and be responsible to
41 the commission for the administration of all city affairs placed in he their charge under the City
42 Charter, Code of Ordinances, or assigned to 44-R4 them by the city commission. 4-le The city
43 manaaer shall have the power and duty to:
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ORDINANCE NO. 26-023
44
45 (k): Approve and execute the followina contracts. documents, and instruments (including
46 amendments, task orders, extensions, renewals. and termination thereof) on behalf of the City,
47 subiect to the followina and any other limitations stated in this Code:
48 (1) Procurement contracts in accordance with the limits set forth in the City of Boynton
49 Beach procurement policy, as amended from time to time;
50 (2)Insurance policies, renewals, binders, certificates. and related insurance documentation
51 for budaeted insurance coveraae:
52 (3) Facility use aareements for use of City-owned facilities, includina the Arts and Cultural
53 Center and Centennial Park, provided that: (i) the aareement contains a termination for
54 convenience clause allowing the City to terminate upon no more than thirty (30) days' written
55 notice, (ii) the aareement complies with the City's insurance reauirements, and (iii) there is no
56 expenditure of City funds or the aareement provides for collection of fees in accordance with the
57 City's established fee schedule;
58 (4) Site access aareements, temporary parkina aareements, riaht of entry permits allowing
59 the City to access or use property, and aareements with the Boynton Beach Community
60 Redevelopment Aaencv for use of CRA-owned property for City event parkina and other
61 temporary City uses, which involve no expenditure of City funds;
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ORDINANCE NO. 26-023
62 (5)Temporary construction easements for a term not exceedina one hundred eighty (180)
63 days. provided that: (i) the aareement contains a termination for convenience clause allowina the
64 City to terminate upon no more than thirty (30) days' written notice. (ii) the agreement complies
65 with the City's insurance reauirements. and (iiil any expenditure of City funds is budgeted;
66 (6) Parks and recreation adopt a park or adopt a road agreements. special event permits,
67 and related event applications. such as road closure applications. involving no expenditure of City
68 funds;
69 (7) Revocable license agreements. youth sports league facility use agreements. and adult
70 recreation program provider agreements. provided that: (i) the agreement contains a termination
71 for convenience clause allowing the City to terminate upon no more than thirty (30) days' written
72 notice. (ii) the agreement complies with the City's insurance requirements, and (iii) there is no
73 expenditure of City funds;
74 (8) Corporate and media sponsorships of City programs and events;
75 (9) Public art loan and display agreements involving no expenditure of City funds:
76 (10) Volunteer agreements, internship agreements, work experience agreements.
77 affiliation agreements, participation agreements, temporary on-the-iob training agreements with
78 third parties, and other similar agreements to provide real-world work experience opportunities.
79 involving no expenditure of City funds;
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ORDINANCE NO. 26-023
80 (11) Employment agreements. including, but not limited to. employment. disciplinary, and
81 separation agreements. necessary to administer the City's employment matters in accordance with
82 Article II, Section 20 of the City Charter. and Article II. Section 2-30 of the City Code of Ordinances:
83 (12) Releases and partial releases of lien or conditional lien settlement agreements in
84 accordance with the City's lien settlement policies in Article V. Sections 2-72 through 2-93 of the
85 City Code of Ordinances:
86 (13) Building permit applications, minor development applications. maior development
87 applications, owner's consents, street light order forms and related utility service orders. utility
88 connection applications, environmental permits, richt-of-way use permits. and other applications,
89 permits, and authorizations required by federal, state. or local governmental agencies or utility
90 providers for City-owned properties and City-initiated development or construction proiects;
91 (14) Post-award grant implementation documents. reimbursement requests, and grant
92 compliance certifications for grants previously approved by the City Commission, provided that
93 they do not modify the material terms of the grant approval or increase the City's financial
94 obligations:
95 (15) State Housing Initiatives Partnership (SHIP) Program documentation, including
96 certifications. funding award aareements, disbursement agreements, and related forms reauired
97 for program administration-
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ORDINANCE NO. 26-023
98 (16) Interaovernmental cooperation agreements with federal, state, and local
99 governmental agencies for law enforcement combined operations, mutual aid, voluntary
100 cooperation, administrative services sharing, emeraencv response coordination, and user
101 aareements to access intra-aaencv information and data-sharina networks, provided that: (i) law
102 enforcement cooperation aareements shall be executed upon recommendation of the Chief of
103 Police, and (ii)the aareement involves no financial commitment beyond budaeted appropriations
104 and does not establish new policy or proaram commitments reauirina Commission consideration;
105 and
106 (17) Emeraencv contracts necessary to protect public health, safety, or property when
107 circumstances do not permit delay for City Commission approval, provided that: (i) the City
108 Manaaer shall make written findings of the emeraencv circumstances iustifvina immediate
109 execution, (ii) such contracts shall be reported to the City Commission at the next available reaular
110 meetina, and (iii) the City Commission shall ratify or reiect such emeraencv contracts at said
111 meetina.
112 Any contract that reauires the City to indemnify another party must be approved by the
113 City Commission.All contracts executed by the City Manaaer or desianee, pursuant to this section,
114 shall comply with the followina: (i) each contract shall include insurance provisions as established
115 by the City's Risk Manaaement Division, (ii) must be budaeted. (iii) must be approved as to form
116 by the City Attorney's Office, and (iv) shall comply with the City's procurement policy, if applicable.
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117 The City Manaaer, or desianee, shall have the authority to terminate any contract executed
11s pursuant to this section. The City shall maintain and publish a list of contracts executed pursuant
119 to this section on the City's website or in a publicly available report to ensure transparency and
120 public access to information reaardina deleaated contract execution authority.
121 Section 3: Codification. It is the intention of the City Commission of the City
122 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become
123 and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida. The City
124 Clerk is hereby directed to incorporate this Ordinance into the Code, and to make such section
125 renumbering, re-lettering, and formatting changes as may be necessary to accomplish such intent,
126 including the correction of typographical errors and the updating of cross-references.
127 Section 4: Severability. If any clause, section, or other part of this Ordinance
128 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
129 unconstitutional or invalid part shall be considered eliminated and in no way affect the validity of
130 the other provisions of this Ordinance.
131 Section 5: Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or
132 parts of Resolutions in conflict herewith be and the same are repealed to the extent of such
133 conflict.
134 Section 6: Effective Date. That this Ordinance shall take effect immediately
135 upon passage.
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ORDINANCE NO. 26-023
136 FIRST READING this w day of `�(,,. .e.NQ 2026.
137 SECOND, FINAL READING, AND PASSAGE this—7 day of y� 2026.
138 CITY OF BOYNTON BEACH, FLORIDA
139 YES NO
140
141 Mayor— Rebecca Shelton ✓
142
143 Vice Mayor— Thomas Turkin
144
145 Commissioner— Mack McCray
146
147 Commissioner—Angela Cruz
148
149 Commissioner—Aimee Kelley ✓
150 'L
151 VOTE q
152 ATTEST:
153
154 .i iii//L/Ar T ii `70k5a.
155 Tammy Sta ione Rebecca Shelton
156 Interim City Clerk Mayor
157
158 APPROVED AS TO FORM:
159 (Corporate Seal)
160 4'',, //
161 = BOyjv`�‘
162 ; �'� •'G RPo•TO,y 1/ Shawna G. Lamb
163 �'./ StR9�•• , % City Attorney
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