2017-36 Second Amendment to Hy-Byrd AgreementRESOLUTION 2017 -36
1 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 DIVISION,
CODE ENFORCEMENT, AND RELATED SERVICES PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR SERVICES
BETWEEN HY -BYRD AND THE TOWN OF HYPOLUXO 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 October 19, 2016, the Village Manager executed an Agreement for Building
Division Services, Code Enforcement, 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, in accordance with the Village's Purchasing Policies and Procedures, the amount of
compensation was capped at $10,000; and
WHEREAS, through the adoption of Resolution 2016 -94, the Village Council approved an
Amendment to the Agreement to increase the amount of compensation to be paid for Fiscal Year 2017
from $10,000.00 to $ 25,000.00; and
WHEREAS, Village Administration is in need of additional building division, code enforcement,
and related services through the end of the fiscal year and until open positions within the
department are filled, and is recommending the execution of a Second Amendment to the
Agreement to increase the compensation to $45,000; and
WHEREAS, in accordance with the Village's Purchasing Policies and Procedures, all
agreements in excess of $10,000 require Village Council approval; and
WHEREAS, the Village Council determines that the approval of the 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 Division, Code Enforcement, and related services, a
copy of which is attached hereto and incorporated herein, and authorizes the Mayor and
Village Clerk to execute the Amendment on behalf of the Village. The total compensation paid
pursuant to the Amendment shall not exceed $45,000, with funds expended from Account Nos.
A6019 -33190 (Community Development /Building Division — Professional Services) and
A6020 -33190 (Community Development /Code Enforcement Division — Professional Services).
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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 immediately upon adoption.
PASSED AND ADOPTED THIS 27TH DAY OF APRIL, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERK
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MAYOR k7
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
THIS SECOND AMENDMENT is made and entered into this Z day of April, 2017,
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 October 19, 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 December 8, 2016, the VILLAGE and CONTRACTOR entered into an
Amendment to the Agreement ( "Amendment ") to increase the total amount of compensation to
$25,000
WHEREAS, the VILLAGE is in need of additional interim services beyond the
maximum amount of compensation during the term of the Agreement, and the parties wish to
increase the maximum amount of compensation to $45,000; and
WHEREAS, CONTRACTOR has agreed to provide these additional services at the
terms, conditions and pricing previously established.
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 is 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 to not to
exceed $45,000.
2. All other provisions of the Agreement, to the extent not expressly modified
herein, shall remain in fiill 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 OF NORTH PALM BEACH
(VILLAGE SEAL) By: �&M
Darryl C. Aubr ("Mayor
ATTEST:
By:
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Leonard G. Rubin, Village Attorney
HY -BYRD, INC.
By: —77)
Name: Michael trisafulle
Title: Vice President
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