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R22-166 1 2 RESOLUTION NO. R22-166 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE SECOND 6 AMENDMENT TO THE HOMELESS RESOURCE CENTER INTERLOCAL 7 AGREEMENT WITH PALM BEACH COUNTY; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, on August 21, 2012 the City Commission approved and authorized 11 entering into an Interlocal Agreement with Palm Beach County that facilitates the use of 12 the Homeless Resource Center (HRC) located in the City of West Palm Beach for referrals 13 of homeless individuals in need of services; and 14 WHEREAS,on October 17, 2017 the Commission approved and authorized the First 15 Amendment to the Interlocal Agreement with Palm Beach County that facilitates the use of 16 the Homeless Resource Center(HRC)which extended the Interlocal Agreement to October 17 22, 2022; and 18 WHEREAS, Palm Beach County has requested the City approve the Second 19 Amendment which is renewing the agreement for the second of the (3), five (5) year 20 periods; and 21 WHEREAS, the City Commission upon recommendation of staff, deems it 22 appropriate to approve and authorize the Mayor to sign the Second Amendment to the 23 Homeless Resource Center Interlocal Agreement with Palm Beach County. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 approves and authorizes the Mayor to sign the Second Amendment to the Homeless 31 Resource Center Interlocal Agreement with Palm Beach County. A copy of the Second 32 Amendment is attached hereto and incorporated herein as Exhibit "A". S:\CA\RESO\Agreements\Second Amendment to ILA with PBC for Homeless Resource Center-Reso.docx 33 Section 3. That this Resolution shall become effective immediately. 34 35 PASSED AND ADOPTED this 14th day of November, 2022. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor-Ty Penserga un4- 42 43 Vice Mayor-Angela Cruz 44 45 Commissioner-Woodrow L. Hay 46 47 Commissioner-Thomas Turkin 48 49 Commissioner-Aimee Kelley 5 ^ 51 VOTE 52 53 ATI, T: 54 55 i -► 56 Maylee 10- :sus, MPA, C qor Ty Penserga 57 CityCI-r Mayor 58 59 APPROVED AST R . 60 (Corporate Seal) gOYNrd'61 62 /~ 0 •GORP°6'4> SEAL 63 i : INCORpORA ;= Michael D. Cirullo, Jr. 64 % 19 TE City Attorney 11‘`‘ FLORIDA S:\CA\RESO\Agreements\Second Amendment to ILA with PBC for Homeless Resource Center-Reso.docx Boynton Beach/Second Amendment SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT to the Interlocal Agreement dated October 23,2012, as amended by R2018-0113 dated October 23, 2017 (the "Agreement"), is made as of Ile J2nnbe c ad, dada,by and between Palm Beach County,a political subdivision of the State of Florida("County"), and City of Boynton Beach, a municipal corporation of the State of Florida ("City"). WHEREAS,the Agreement provides the protocol by which the City refers and transports homeless individuals for acceptance into the Homeless Resource Center(HRC) and provides for the payment of any transport costs;and WHEREAS,the County and the City have determined it to be beneficial to both parties to continue the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the County and City agree as follows: 1. The parties agree to exercise the second of the three (3), five(5) year renewal options. The term of the Agreement is renewed retroactively beginning on October 23,2022 and continuing through October 22,2027. 2. Section 12 of the Agreement is deleted in its entirety and replaced with the following: SECTION 12: REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 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 Town. 3. Section 18 of the Agreement is deleted in its entirety and replaced with the following: SECTION 18: NON-DISCRIMINATION The County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution Page 1 of 3 Boynton Beach/ Second Amendment R2017-1770, as may be amended, the Town warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,marital status, familial status, sexual orientation, gender identity or expression,or genetic information. Failure to meet this requirement shall be considered default of the Agreement. 4. The Agreement is hereby modified to add the following: SECTION 19: ASSIGNMENT Town may not assign, mortgage, pledge, or encumber this Agreement in whole or in part, without prior written consent of County, which may be granted or withheld at the County's absolute discretion. This provision shall be construed to include a prohibition against an assignment, mortgage, pledge, encumbrance or sublease, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. SECTION 20: SEVERABILITY If any term of the Agreement or the application thereof to any person or circumstance shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement, or the application of such term to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term of the Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 21: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. SECTION 22: EFFECTIVE DATE This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners and shall become effective only when signed by all Parties and approved by the Palm Beach County Board of County Commissioners. 5. Except as modified by this Second 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 Town and County. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY Page 2 of 3 Boynton Beach/Second Amendment IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed as of the day and year first above written. ATTEST: PALM BEACH COUNTY, a political subdivision of the State of Florida By: By: 1/1411L FDO:(6-‘—'cer Isami Ayala-Collazo, Di cto Facilities Development Ope ations APPROVED AS TO FORM AND LEGAL SUFFICIENCY M�•ri w"e,� V v� A y sgneo Dy Michael W.Jones =orp d by Mi hae O. Enterprise. < OU=Users.CN=Michael W JCA. =MJones©pbcpov.orp Jcrvi D 1, 7,p I am the author of this document ^'�Y �o. 022.17.21 09:52:41.05'00' By: County Attorney ATTEST: CITY CLERK CITY OF BOYNTON BEACH,a municipal corporation of the State of Florida • 1 'i - • By: Mayl=- p: Jesus,City erk Ty Penserga, Mayor APPROVED AS TO FO � 80YNTp`;%,1 AND LEGAL SUFFI NCY/ i%�:�GORP(5R4T.,L� 1,1, SRAL • 'NCO :_ S RPoRATED: ; By: ,, I920 City Attorney its F�•........: �`�1�L-ORIDP Page 3 of 3 RECEIVED • ?022 ORIe' November 22, 2022 CITY OF BOYNTON BEACH Maylee De Jesus City Clerk Facilities Development& City of Boynton Beach Operations Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 2633 Vista Parkway West Palm Beach,FL 33411 Re: PBC Homeless Resource Center/Law Enforcement Interaction and Referral Interlocal Agreement for the Senator Philip D. Lewis Center Telephone-(561)233-0200 www.pbegov.com/fdo Dear Ms. De Jesus: ■ Enclosed please find one (1) original fully executed Amendment No. 2 to Palm Beach County the Interlocal Agreement dated November 17, 2022 for use of the Senator Board of County Commissioners Philip D. Lewis Homeless Resource Center. If you have any questions, please do not hesitate to contact us at(561) 233- Gregg. K. Weiss,Mayor 2544. Maria Sachs,Vice Mayor Sin -rely, Maria G. Marino Dave M.Kerner - la ilson Marci Woodward Contract Analyst Sara Baxter Enclosure Mack Bernard cc: Brenda Znachko, Business and Operations Director Chief of Police Matthew Immler, Police Department (via email) County Administrator Verdenia C.Baker "An Equal Opportunity Affirmative Action Employer"