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R26-038 RESOLUTION NO. R26-038 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT 3 BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 4 REDEVELOPMENT AGENCY FOR CONTRACT ADMINISTRATION OF 5 EXECUTIVE DIRECTOR SERVICES;AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has secured 8 the services of Redevelopment Management Associates, LLC ("RMA") to provide Executive 9 Director Services (the "Services") and certain other additional services as may be authorized by 10 the CRA Board from time to time, as further detailed in the contract between the City and RMA 11 ("RMA Contract"); and 12 WHEREAS, the RMA Contract provides that the Board shall designate a contract 13 administrator; and 14 WHEREAS, the CRA Board desires to designate the City Manager to serve as the contract 15 administrator for the RMA Contract, pursuant to the terms set forth in the Interlocal Agreement; 16 and 17 WHEREAS, the City Manager has agreed to perform as the contract administrator for the 18 RMA Contract pursuant to the terms set forth in the Interlocal Agreement; and 19 WHEREAS,the City and the CRA find that the Interlocal Agreement serves a municipal and 20 public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan 21 and the requirements of Chapter 163, Florida Statutes; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve an Interlocal Agreement between the 24 City and the Boynton Beach CRA for Contract Administration of Executive Director 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 an Interlocal Agreement between the City and the Boynton Beach CRA for Contract RESOLUTION NO. R26-038 32 Administration of Executive Director Services (the "Agreement"), in form and substance similar to 33 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 Agreement. The Mayor is further authorized to execute any 36 ancillary documents required under the Agreement or necessary to accomplish the purposes of 37 the Agreement, including any term extensions as provided in the Agreement, provided such 38 documents do not modify the financial terms or material terms. 39 SECTION 4. The City Clerk shall ensure execution of the Interlocal Agreement by the 40 City and by the CRA. 41 SECTION 5. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 42 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 43 Section 163.01(11), Florida Statutes, for interlocal agreements. 44 SECTION 6. The City Clerk shall provide a copy of the recorded Interlocal Agreement to 45 Vicki Curfman and Rismerling Gomez. 46 SECTION 7. This Resolution shall take effect in accordance with the law. 47 [SIGNATURES ON THE FOLLOWING PAGE] 48 RESOLUTION NO. R26-038 49 PASSED AND ADOPTED this a day of KY')Qr�\--, 2026. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 Mayor— Rebecca Shelton _AZ_ 53 54 Commissioner— Mack McCray `---" 55 56 Commissioner—Angela Cruz ✓ 57 1/ 58 \)'‘C-e- Turkin 59 60 Commissioner—Aimee Kelley 61 62 VOTE 5-0 63 ATTEST: 64 65 (1Q t4 / ci-- _ 66 Tammy Staizione, C Recca Shelton 67 Deputy City Clerk Mayor 68 69 F,voYNT0, APPROVED AS TO FORM: 70 (Corporate Seal) �'�:.GORPOR,�r�:6'�i, 71 c SEAL • :_ 4/(//4 72 : INCORPORATED: S 73 .4 •• 1920 • ; Shawna G. Lamb 74 City Attorney F(nrinN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CONTRACT ADMINISTRATION OF EXECUTIVE DIRECTOR SERVICES THIS AGREEMENT ("Agreement") is made this day of 2026, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as the "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes(hereinafter referred to as the "CRA").The City and CRA may be referred to herein individually as a"Party" and collectively as the"Parties." WITNESSETH: WHEREAS, the CRA has secured the services of Redevelopment Management Associates, LLC ("RMA")to provide Executive Director Services(the"Services")and certain other additional services as may be authorized by the CRA Board from time to time, as further detailed in the contract between the City and RMA("RMA Contract"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the RMA contract provides that the Board shall designate a contract administrator; and WHEREAS, the CRA Board desires to designate the City Manager to serve as the contract administrator for the RMA Contract, pursuant to the terms set forth in this Agreement; and WHEREAS, the City Manager has agreed to perform as the contract administrator for the RMA Contract pursuant to the terms set forth in this Agreement; and WHEREAS, the City and the CRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes. NOW,THEREFORE, in consideration of the mutual covenants and promises herein contained, and for the mutual benefits to be received from the coordination between the City Manager and RMA as a result of this Agreement, the Parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Definitions. Words used herein that are not otherwise defined herein shall have the same meaning as in the RMA Contract. 3. Standard Contract Administration.The RMA Contract shall be administered as follows: a. Upon receipt of an invoice and all other required documentation, the CRA Finance Director shall review the same for compliance with the RMA Contract, including compliance with the hourly rate schedule. The CRA Finance Director Page 1 of 4 4928-6077-9665,v. 1 shall then send the same to the City Manager with a recommendation for approval, if all required documentation has been submitted and is in compliance with the RMA Contract. If the CRA Finance Director does not recommend approval, the CRA Finance Director shall follow the procedures set forth in Section 4 of this Agreement. b. Upon receipt and review of the invoice and documentation and the CRA Finance Director's recommendation of approval, the City Manager is authorized to approve for payment the following expenses: i. Expenses for Services, in an amount equivalent to 1/12 of the annual contract fee due to RMA under the RMA Contract, which at the time of execution of this Agreement equals $33,333.33 per month; ii. Expenses for Additional Services that do not exceed $10,000(the "Additional Services Limit"), or such other Additional Services Limit as the CRA Board may set from time to time; iii. Expenses for Additional Services that exceed $10,000, only with prior approval of the CRA Board; and iv. Expenses Associated with RMA's employee's attendance at the Florida Redevelopment Association Conference and other appropriate conferences. c. The CRA Finance Director shall at all times keep the City Manager apprised of any changes to the annual monthly amount due for Services, the Additional Services Limit, any Work Authorizations or other authorizations by the CRA Board to exceed the Additional Services Limit, and similar relevant information. 4. Question,Concerns,Objections. In the event the CRA Finance Director has a question, concern, or objection to any invoice or documentation submitted or not submitted, or any part of the foregoing, that is not resolved through direct communication between the CRA Finance Director and RMA,then the CRA Finance Director shall refer the question, concern or objection to the City Manager. The City Manager may resolve questions, concerns, or objections raised by the CRA Finance Director consistent with the terms of this Agreement. In the event the City Manager has a question, concern, or objection, whether as a result of a reference by the CRA Finance Director or by the City Manager's own authority, the City Manager may, but is not required, to reach out to RMA to seek resolution. In the event it is not resolved to the satisfaction of RMA or the City Manager, the City Manager shall alert the General Counsel for the CRA, who shall place the item on the next available CRA Agenda. The City Manager shall not engage in questions of legal interpretation, legal requirements, CRA procurement policy requirements to the extent they differ from City procurement policy requirements, or interpretation of the RMA Contract. Page 2 of 4 4928-6077-9665.v. 1 5. Reliance and Liability Protection. a. The City Manager shall be entitled to rely on the CRA Finance Director's recommendation and verification of compliance with the RMA Contract, and shall have no independent duty to verify contract compliance or interpret the RMA Contract. b. Neither the City nor the City Manager shall have any liability for approval or non- approval of invoices, or for any exercise of discretion under this Agreement, except for gross negligence or willful misconduct. c. To the extent permitted by law, the CRA shall indemnify and hold harmless the City and City Manager from any claims arising from the City Manager's performance of duties under this Agreement, except for gross negligence or willful misconduct. 6. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes.All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 7. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement("Effective Date"). This Agreement shall be in effect from the Effective Date and, unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the RMA Contract. 8. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 9. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 10. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 11.No Third-Party Beneficiaries. 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 Page 3 of 4 4928-6077-9665,v. 1 entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the CRA. 12. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other Party's absolute discretion. 13. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach ommunity Redevelopment Agency ATTEST: By: Print Name: Re.btcc SF.c 1-tar, Title: Ctia,c- Date: a , )O APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorney Ci y B nton Beach, Florida ATTEST: ,2C , By: / V Print Name: RcJbc.tea Sh�1-tv\ Title: i-1a3oi- Date: cno,QkC.V\ a . aoaL APPROVED AS TO FORM AND LEGAL SUF CIENCY: 746 ' OY N Tp vi • OR 0( ••... gT 6) 1 1 �1 By: /fit � �. City Attorney •%c- SEAL • _ • :•INCORPORATED •1.1 1920 FLORIOP Page 4 of 4 4928-6077-9665,v. 1