City of Boynton Beach
Agenda Item Request Form

 

Requested Action:  

City Commission Motion

 

Motion to approve the Second Amended and Restated Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for the provision of City services, including legal services, and the Joint Conflict Waiver, in substantially the form presented; to authorize the City Manager to finalize the agreements, subject to review by the City Attorney’s Office as to form and legal sufficiency; to authorize the Mayor to execute the final agreements; and to authorize the Mayor to execute an amendment to the City Attorney’s Employment Agreement to reflect the additional duties of serving as CRA legal counsel and related compensation.

 

CRA Board Motion

 

Motion to approve the Second Amended and Restated Interlocal Agreement between the Boynton Beach Community Redevelopment Agency and the City for the provision of City services, including legal services by the City Attorney’s Office, and the Joint Conflict Waiver, in substantially the form presented; and to authorize the Board Chair to execute the final agreements and any related documents.

Explanation of Request:  

The City and the CRA are parties to an Interlocal Agreement under which the City provides certain administrative and operational services to the CRA. The CRA’s outside legal counsel recently resigned. To provide continuity and efficiency, the City and the CRA propose that the City Attorney’s Office serve as legal counsel to the CRA.

 

The Second Amended and Restated Interlocal Agreement adds legal services to the scope of City services, sets out the CRA’s reimbursement to the City for those services, and consolidates prior amendments into a single restated agreement. Because the City and the CRA are separate legal entities whose interests may occasionally diverge, the Florida Rules of Professional Conduct require informed consent from both clients. The Joint Conflict Waiver documents each entity’s consent, establishes a protocol for identifying actual conflicts, and provides that independent outside counsel will be retained on any matter in which the interests of the City and the CRA are directly adverse.

 

The additional duties of serving as CRA counsel also require an amendment to the City Attorney’s Employment Agreement to address compensation for CRA services/scope of duties. The cost is reimbursed by the CRA under the Interlocal Agreement.

 

How will this affect city programs or services?  

There will be no impact to City or CRA programs or services

Budgeted Item:   Yes

Account Line Item and Description:  

Funding is allocated in the CRA Budget for the expenditure.

Procurement Methodology Bids and Purchases Only:  

Interlocal Agreement between the City and CRA.

Fiscal Impact:  

Funding is allocated in the CRA Budget for the expenditure.