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Res. No. 167-24RE SOLUTION NO.167-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,FLORIDA,APPROVING AN AGRE EMENT WITH PLANN ING/DESIGN,INC.DIB/A SANF ORD GOLF DESIGN FOR DESIGN AND CONSTRUCTION SERVICES FOR THE DELRA Y BEACH GOLF COURSE PURSUANT TO A BID WAIVER; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION;PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. WHERE AS,the City of Delray Beach (the "City ")is authorized to enter into agreements to provide services,programming,and products in accordance with its Charter;and WHERE AS,the City requires design and construction services for the Delray Beach Golf Course;and WHEREAS,on October 6,2020,the City and Planning/Design,Inc.D/8/A Sanford Golf Design (the "Contractor"),pursuant to Request for Proposals No.2020-002,entered into an agreement to provide design and construction services for the Delray Beach Course (the "Original Agreement");and WHERE AS,the Original Agreement was term inated by Commission on March 8,2022,for the consideration of alternatives including Public-Private Partnership,to complete the design and construction to the Delray Beach Golf Course;and WHERE AS,during the August 24,2021,City Comm ission Budget Workshop Meeting,the City Commission expressed a desire to seek Letters of Interest for a Public Private Partnership (P3)for the redesign, construction,and management of the Delray Beach Golf Club;and WHERE AS,on August 1 O,2022,the City issued a Request for Proposals (RF P)No.2022-053 for a P3 to redesign,construct,and manage the Delray Beach Golf Course;and WHERE AS,on November 16,2022,the City received six proposals pursuant to RF P 2022-053;and WHEREAS,on May 2,2023,the City Comm ission rejected all proposals for RF P 2022 -053 for the City of Delray Beach Golf Course Redevelopment;and WHEREAS,on June 13,2024,representatives of Public Works,the Purchasing and Contracts Administration Division,and the Legal Department met to discuss the best route to move forward with an agreement;and WHERE AS,reengaging the Contractor to complete the design and construction services will maximize efficiency,save time,and decrease costs as the design has already been completed to 60%and been presented to the comm unity and approved by City staff;and WHEREAS,retaining a new architect to commence or assume the existing design would require a considerable amount of additional time,cost,and resources;and WHEREAS,it is in the best interest of the City to waive the full open and competitive acquisition process to reengage Sanford Golf Design in a new agreement for design and construction services for the Delray Beach Golf Course;and WHEREAS,on July 18,2024,in accordance with Section 38 of the City's Purchasing Policies and Procedures Manual,the City approved a bid waiver attached hereto and incorporated herein as Exhibit "A";and WHEREAS,the City desires to enter into an agreement with the Contractor in accordance with the City's Bid Waiver policy (the "Agreement");and WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of the health,safety,and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORJDA,AS FOLLOWS: Section 1.The foregoing recitals are hereby affirmed and ratified. Section 2.The City Commission of the City of Delray Beach has reviewed and hereby approves the Agreement between the City and Contractor,attached hereto and incorporated herein as Exhibit "B". Section 3.The City Commission authorizes the City Manager to take any and all actions necessary to effectuate this Resolution. Section 4.This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the /",~day of '¥,'J,,s_.£,2024. ATTEST: and legal sufficiency: 2 RES.NO.167-24 Thomas F.Camey,Jr.,Mayor