2016-70 Second Amendment to Building Department Services AgreementRESOLUTION 2016 -70
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
(` NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT
TO AN AGREEMENT WITH HY -BYRD, INC. FOR BUILDING DEPARTMENT
SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE SECOND AMENDMENT ON BEHALF OF THE VILLAGE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 20, 2016, the Village Manager executed an Agreement for Building Department
and related services with Hy -Byrd, Inc. on an interim basis in accordance with (or by "piggybacking ")
the terms, conditions and pricing established in an existing competitively bid contract between
Hy -Byrd and the Town of Hypoluxo; and
WHEREAS, through the adoption of Resolution 2016 -48, the Village Council approved an
Amendment to the Agreement to increase the amount of compensation to be paid for Fiscal Year 2016
from $10,000.00 to $25,000.00; and
WHEREAS, due the staff vacancies within the Community Development Department and the
inability of other contractors to perform necessary services, the Department was required to
utilize Hy -Byrd more than anticipated, resulting in an over - expenditure of $2,400.00; and
WHEREAS, Village Administration is recommending the execution of a Second Amendment to
the Agreement to retroactively increase the amount of compensation to $27,400.00, and the
Village Council determines that approval of the Second Amendment to the Contract is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Second Amendment to the Agreement for
Services with Hy -Byrd, Inc. for Building Department and related services, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute
the Second Amendment on behalf of the Village. The total compensation paid pursuant to the
Second Amendment for Fiscal Year 2016 shall not exceed $27,400.00, with funds expended
from Account No. A6019 -33190 (Building Department — Professional Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective im
PASSED AND ADOPTED THIS 13TH DAY OF Oi
(Village Seal)
ATTEST:
VILLAGE CLERK
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
THIS AMENDMENT is made and entered into this 13th day of October, 2016, by and
between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation
( "VILLAGE ") and HY -BYRD, INC., 511 South East Coast Street, Lake Worth, Florida 33460
(CONTRACTOR "), whose Federal I.D. No. is 65- 0060264.
WITNESSETH:
WHEREAS, the VILLAGE and CONTRACTOR entered into an Agreement for
Services dated June 20, 2016 ( "Agreement ") whereby CONTRACTOR agreed to provide interim
Building Department and related services in accordance with (or by "piggybacking ") the terms,
conditions and pricing established by an existing competitively bid Contract for Services
between CONTRACTOR and the Town of Hypoluxo; and
WHEREAS, on August 25, 2016, the VILLAGE and CONTRACTOR entered into an
Amendment to the Agreement ( "Amendment ") to increase the total amount of compensation to
$25,000.00; and
WHEREAS, the VILLAGE needed additional interim services beyond the maximum
amount of compensation during the term of the Agreement, and the parties wish to retroactively
increase the maximum amount of compensation to $27,400.00.
NOW, THEREFORE, in consideration of the mutual representations and obligations set
forth herein and in the Agreement, as amended, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Section 5 of the Agreement is hereby amended to increase the total compensation
paid by VILLAGE to CONTRACTOR from not to exceed $25,000.00 to not to
exceed $27,400.00, retroactive to September 30, 2016.
2. All other provisions of the Agreement and Amendment, to the extent not
expressly modified herein, shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement for
Services on the date first written above.
(VILLAGE SEAL)
ATTEST: ,
By: lv
Melissa Teal, Village C erk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
an
Leonard G. Rubin, Village Attorney
HY -BYRD, IN
By:
Name: Mic ael Crisafulle
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Title: Vice President