R21-022 1 RESOLUTION NO. R21-(.1.=
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN THE FIRST AMENDMENT TO INTERLOCAL
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
6 AND THE CITY OF DELRAY BEACH TO SHARE THE
7 ENGINEERING DESIGN COST TO REHABILITATE
8 GULFSTREAM BOULEVARD (AKA SE 36TH AVENUE); AND
9 PROVIDING AN EFFECTIVE DATE.
10 WHEREAS, in May of last year the City of Boynton Beach entered into an Interlocal
11 Agreement with the City of Delray Beach for the purpose of jointly funding an Engineering
12 Consultant to design the replacement of SE 36th Ave from Seacrest Blvd to the FEC Right-of-
13 way; and
14 WHEREAS, this amendment will allow the City of Boynton Beach to use it's General
15 Consulting Services Contract (RFQ #046-2821-17 TP) to procure the engineering services in
16 lieu of advertising a Request for Qualifications; and
17 WHEREAS, using the General Consulting Services Contract will speed up the
18 Consultant selection process and allow the Cities to commence the design process; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
20 recommendation of staff,deems it to be in the best interests of the City residents to approve and
21 authorize the Mayor to sign the First Amendment to the Interlocal Agreement with the City of
22 Delray Beach to use the City's General Consulting Services Contract(RFQ #046-2821-17 TP)
23 to procure the engineering services to rehabilitate Gulfstream Boulevard(aka SE 36th Avenue).
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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26 Section 1. Each Whereas clause set forth above is true and correct and incorporated
27 herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
29 approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement
30 between the City of Boynton Beach and the City of Delray Beach to share the engineering
31 design cost to rehabilitate Gulfstream Boulevard (aka SE 36th Avenue) to allow the City of
32 Boynton Beach to use it's General Consulting Services Contract (RFQ #046-2821-17 TP) to
33 procure the engineering services in lieu of advertising a Request for Qualifications, a copy of
34 the First Amendment to the Interlocal Agreement is attached hereto as Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 16th day of February, 2021.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor— Steven B. Grant V
42
43 Vice Mayor—Ty Penserga ✓
44
45 Commissioner—Justin Katz ✓
46
47 Commissioner—Woodrow L. Hay
48
49 Commissioner—Christina L. Romelus
50
51 VOTE 5'Q
52 ATTEST:
53
j(0.5,12
r%1
55 Tammy Stanzi• e `' it`"� ` r- '
56 Deputy City Clerk
0
58
59 (Corporate Seal) +
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til - 0 �
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH
(ENGINEERING DESIGN OF SE 36TH AVE)
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT ("First
Amendment") is made and entered into \--711.::?Du<L rL.1 _ o� 371- , 20Q' , by
and between the City of Boynton Beach, a Florida 1 municipal corporation
(hereinafter "Boynton Beach"), and the City of Delray Beach, a Florida municipal
corporation (hereinafter "Delray Beach") collectively (the "Parties") or individually
(a "Party").
WITNESSETH:
WHEREAS, Boynton Beach and Delray Beach previously entered into an
Interlocal Agreement, dated May 19, 2020, to provide for the shared expenses of
the engineering design of SE 36th Ave. ("Original Agreement"); and
WHEREAS, the parties wish to amend the Original Agreement to permit
Boynton Beach to use a consultant from its contract rotation; and
WHEREAS, in accordance with Section 8 of the Original Agreement, the
Original Agreement may be modified through the written consent of both parties;
and
NOW THEREFORE, in consideration of the mutual promises, covenants,
provisions, and undertakings hereinafter contained, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true
and correct and are fully incorporated herein by reference.
2. Amendment. The parties agree that Section 2 of the Original
Agreement entitled "Cost Sharing and Procurement of the Project" is hereby
amended to provide that Boynton Beach will utilize a consultant from its contract
rotation, and a request for proposal will not be issued. Once the consultant is
assigned, Boynton Beach will negotiate with the consultant on behalf of Delray
Beach, and Delray Beach shall assist in defining the scope of work for the Project
and shall participate in the pre-bid meeting with the consultant.
3. Entire Agreement. The parties agree that this First Amendment and the
Original Agreement set forth the entire agreement between the parties, and that
there are no promises or understandings other than those stated herein. None of
the provisions, terms and conditions contained in the Original Agreement including
1004025792306-9001821) Page 1 of 3
this First Amendment may be added to, modified, superseded, or otherwise
altered, except by written instrument executed by both of the parties hereto.
4. Legal Effect. This First Amendment shall not become binding and
effective until approved by the Commission of both Boynton Beach and Delray
Beach.
5. Counterparts. This First Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, and will become effective
and binding upon the parties as of the effective date at such time as all the
signatories hereto have signed a counterpart of this First Amendment.
6. Existing Provisions. Except for the provisions of the Original Agreement
specifically modified by this First Amendment, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
7. All capitalized terms used but not defined herein shall have the meaning
assigned in the Original Agreement.
[THIS SECTION IS LEFT INTENTIONALLY BLANK; SIGNATURES TO
FOLLOW]
{00402579.2 306-9001821} Page 2 of 3
IN WITNESS WHEREOF, the parties have executed this First Amendment on the
date first written above.
CITY OF DELRAY BEACH, a Florida
municipal corporation
By:
Shelly Petrolia, Mayor
ATTEST:
By:
Name:
APPROVED TO FORM:
City Attorney
CITY OF BOYNTON BEACH, a Florida
muni ' al ation
By: -
Steven B. Grant, or
ATTEST
/ ,
By: 0 r-, or'VI 0
Name:
APPR ED O FfbRM:
E1 ilil 0 u
1 Q
City ttorney °4.
eoY
(00402579.2 306-9001821) Page 3 of 3
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