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R15-102 RESOLUTION NO. R15 -102 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL 11 AGREEMENT TO FEBRUARY 4, 2021; AND 1 PROVIDING AN EFFECTIVE DATE. 1 . 1 WHEREAS, on January 18, 2011, the City Commission authorized the Mayor 1- and City Clerk to enter into a Second Amendment to Interlocal Agreement with Palm 1 Beach County outlining the City's use of the County's digital microwave system, which i extended the expiration date of the Interlocal Agreement to February 5, 2016; and 1 WHEREAS, the parties would like to extend the duration of the Interlocal 1: Agreement until February 4, 2021; and 1. WHEREAS, the City Commission of the City of Boynton Beach deems it to be 21 in the best interests of the citizens and residents of the City of Boynton Beach to enter 2 into a Third Amendment to Interlocal Agreement with Palm Beach County, which 2 . extends the expiration date of the Interlocal Agreement to February 4, 2021. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2' 2 Section 1. Each Whereas clause set forth above is true and correct and 2 incorporated herein by this reference. 2: Section 2. The City Commission of the City of Boynton Beach, Florida 2' hereby authorizes and directs the Mayor and City Clerk to execute a Third Amendment 31 to Interlocal Agreement between the City of Boynton Beach and Palm Beach County S: \CC\WP\Resolutions\ 2015\R15 -102 - Reso -Third Amendment to Communications Interlocal T -1.doc 31 extending the expiration date of the Interlocal Agreement to February 4, 2021, changing 32 the address for payment and notification to the County, a copy of which is attached 32 hereto as Exhibit "A ". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 3 day of September, 2015. 3E 3; 38 CITY OF BOYNTON BEACH, FLORIDA 3S 4C YES NO 41 42 Mayor — Jerry Taylor 43 44 Vice Mayor — Joe Casello �✓ 4 4f Commissioner — David T. Merker ✓ 47 48 Commissioner — Mack McCray ✓ 45 5C Commissioner — Michael M. Fitzpatrick 51 52 ,/ 53 VOTE 4 - 0 54 55 ATTEST: 5E 57 58 �'. - f I • 59 et M. Prainito, MMC 60 Clerk G`T 62 63 64 (Corporate Seal) 65 11/ T,p N S: \CC\WP\Resolutions\2015\R15 -102 - Reso - Third Amendment to Communications Interlocal T -1.doc THIRD AMENDMENT TO INTERLOCAL AGREEMENT THIS THIRD AMENDMENT to Interlocal Agreement (R2001 -0200, as amended by R2006-0554 and R2011 -0121) collectively referred to herein as the "Agreement" is made as of , by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners ( "County") and the City of Boynton Beach, a municipal corporation of the State of Florida ("City"). In consideration of the mutual promises contained herein, the County and the City agree as follows: 1. The term of the Agreement expires on February 4, 2016, and shall be extended to February 4, 2021. 2. The Agreement is hereby modified to add the following: SECTION 19: PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS 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 is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a 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 20: 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 employees of the County and /or City. SECTION 21: NON - DISCRIMINATION Pursuant to Resolution R- 2014 -1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. Page 1 of 3 The City has submitted to County a copy of its non - discrimination policy which is consistent with the above paragraph, as contained in Resolution R -2014 -1421, as amended, or in the alternative, if the City does not have a written non - discrimination policy, or one that conforms to the County's policy, it has affirmed through a signed statement provided to County that City will conform to the County's non - discrimination policy as provided in R -2014 -1421, as amended. 3. Except as modified by this Third Amendment, the Agreement remains unmodified and in full force and effect in accordance with the terms thereof and is hereby ratified and confirmed by the City and County. (Remainder of the page intentionally left blank) Page 2 of 3 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed on the day and year first above written. ATTEST: SHARON R. BOCK PALM BEACH COUNTY, a political CLERK & COMPTROLLER subdivision of the State of Florida By: By: Deputy Clerk Shelley Vana, Mayor APPROVED AS TO FORM AND LEGAL APPROVED AS TO TERMS AND SUFFICIENCY: CONDITIONS: By: By: County Attorney Audrey Wolf, Director Facilities Development & Operations ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: By: Janet M. Prainito, MMC, City Clerk Jerry Taylor, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Print Cit Attorney's Name Page 3 of 3 NON - DISCRIMINATION AFFIRMATION AND CERTIFICATION Pursuant to Resolution R- 2014 -1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. All entities doing business with Palm Beach County are required to submit a copy of their non- discrimination policy which shall be consistent with the policy of Palm Beach County contained in R- 2014 -1421, as amended, stated above, prior to entering into any contract with Palm Beach County. In the event an entity does not have a written non - discrimination policy, or such policy is not consistent with Palm Beach County's policy, the entity shall be required to sign a statement affirming they will conform to Palm Beach County's non - discrimination policy as stated above. CERTIFICATION The City of Boynton Beach does not have a written non - discrimination policy or one that complies with Palm Beach County's policy as stated above; however the City of Boynton Beach affirms that it will conform to County's non- discrimination as contained in R -2014 -1421, as amended. CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Jerry Taylor, Mayor Date ATTEST: By: Janet M. Prainito, MMC, Town Clerk