2014-43 Park Landscape Maintenance Contract Second AmendmentRESOLUTION 2014 -43
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE
CONTRACT FOR PARK LANDSCAPE MAINTENANCE WITH TOTAL
MAINTENANCE BUILDING SERVICES, INC. TO MODIFY THE SCOPE OF
WORK AND TOTAL ANNUAL COMPENSATION AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based on the proposals submitted in response to the Village's Request for Proposals, on
September 25, 2008, the Village entered into a Contract for Park Landscape Maintenance with Total
Building Maintenance Services, Inc. ( "Contract "); and
WHEREAS, through the adoption of Resolution No. 2009 -36, the Village Council approved an
Amendment to the Contract to modify the Scope of Work and Annual Compensation; and
WHEREAS, in accordance with Section 18 of the Contract, the Village wishes to again modify the Scope
of Work and the Village and Total Maintenance have agreed to execute a Second Amendment to the
Contract to provide for such modification and an adjustment in the total annual compensation paid by the
Village; and
WHEREAS, the Village Council determines that the 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 the Second Amendment to Contract for Park
Landscape Maintenance with Total Maintenance Building Services, Inc., 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.
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed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 10" DAY OF JULY, 2014.
(Village Seal)
ATTEST:
��f,
VILLAGE CLERK
MAYOR
SECOND AMENDMENT TO CONTRACT FOR PARK
LANDSCAPE MAINTENANCE
THIS SECOND AMENDMENT is made as of the /Qyy( day of July, 2014, by and between
the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing
under the laws of the State of Florida, hereinafter referred to as the VILLAGE, and TOTAL
MAINTENANCE BUILDING SERVICES, INC., a Florida corporation, hereinafter referred to
as the CONTRACTOR.
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Park Landscape
Maintenance dated September 25, 2008 ( "Contract ") to provide all goods and services necessary
for the maintenance of VILLAGE parks as required under the Request for Proposal issued by the
VILLAGE; and
WHEREAS, Section 18(A) of the Contract provides that the VILLAGE reserves the right to
make changes to the scope of work upon notification to CONTRACTOR, and upon such
notification, CONTRACTOR shall provide an estimate for the increased or decreased
compensation based on such modification; and
WHREREAS, the VILLAGE and CONTRACTOR executed an Amendment to the Contract
dated June 11, 2009, whereby the VILLAGE and CONTRACTOR agreed to a modification of
the Scope of Work and the Annual Compensation; and
WHEREAS, the VILLAGE and CONTRACTOR wish to execute this Second Amendment to the
Contract to provide for an additional modification to the Scope of Work and Annual
Compensation pursuant to Section 18(C) of the Contract.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the VILLAGE and CONTRACTOR agree as follows:
1. The scope of work identified in the RFP incorporated into the Contract is hereby modified
to delete all maintenance of Bermuda turf within the VILLAGE retroactive to July 1, 2014.
2. The total annual compensation paid by the VILLAGE to CONTRACTOR, as set forth in
CONTRACTOR's proposal and incorporated into the Contract, is hereby adjusted as follows:
Deleted Area:
382,672 sq. ft. of Bermuda turf at $0.21 per square foot resulting in a total decrease of
$20,090.28 for July, August and September 2014.
Decrease in Monthly Compensation: $6,696.76
3. All other provisions of the Contract, to the extent not expressly modified herein, shall
remain in full force and effect.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
TOTAL MAINTTENANCE BUILDING SERVICES, INC.
BY:
Print Name: axr40
Position: 'rx4r�(,Oe'J
VILLAGE:
VILLAGE OF NORTH PALM BEACH, FLORIDA
BY: k"
DARRYL AU Y, QMNYOR
ATTEST:
BY:
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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