2014-44 Mowing and Landscape Services Contract Third AmendmentRESOLUTION 2014 -44
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT
TO THE CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE
SERVICES 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
THE CONTRACT ON BEHALF OF THE VILLAGE; 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
December 13, 2007, the Village entered into a Contract for Mowing and Landscape Maintenance
Services with Total Building Maintenance Services, Inc. ( "Contract "); and
WHEREAS, on June 11, 2009, the Village entered into an Amendment to the Contract to modify the
scope of work and adjust the annual compensation paid by the Village; and
WHEREAS, on April 11, 2013, the Village entered into a Second Amendment to the Contract to
extend the term through September 30, 2014; and
WHEREAS, in accordance with Section 17 of the Contract, the Village wishes to again modify the
scope of work through the remainder of the term, and the Village and the Contractor have agreed to
execute a Third Amendment to the Contract to provide for such modification and an adjustment to
the total annual compensation paid by the Village; and
WHEREAS, the Village Council determines that the adoption of this Resolution 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 Third Amendment to Contract for
Mowing and Landscape Maintenance Services 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 Second 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repealed to the extent of such conflict.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)
MAYOR
ATTEST:
VILLAGE CLERK
THIRD AMENDMENT TO CONTRACT FOR MOWING AND
LANDSCAPE MAINTENANCE SERVICES
THIS THIRD AMENDMENT is made as of the /0 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 VILLAGE, and TOTAL
MAINTENANCE BUILDING SERVICES, INC., a Florida corporation, hereinafter referred to
as the CONTRACTOR.
WHEREAS, the VILLAGE and the CONTRACTOR executed a Contract for Mowing and
Landscape Maintenance Services dated December 13, 2007 ( "Contract ") to provide all goods
and services necessary for the mowing and landscape maintenance of VILLAGE properties as
required under the Request for Proposal issued by the VILLAGE; and
WHEREAS, the VILLAGE and the CONTRACTOR executed an Amendment to the Contract
dated June 11, 2009 ( "First Amendment ") whereby the parties agreed to expand the scope of
work to include additional properties and adjusted the annual compensation accordingly; and
WHEREAS, the VILLAGE and the CONTRACTOR executed a Second Amendment to the
Contract dated April 11, 2013 ( "Second Amendment ") whereby the parties agreed to extend the
term of the Contract through September 30, 2014; and
WHEREAS, Section 17(A) of the Contract provides that the VILLAGE reserves the right to
make changes to the scope of work upon notification to the CONTRACTOR, and upon such
notification, the CONTRACTOR shall provide an estimate for the increased or decreased
compensation based on such modification; and
WHEREAS, the VILLAGE and the CONTRACTOR have agreed to an additional modification to
the scope of work and an accompanying increase in the total amount of annual compensation and
wish to execute this Third Amendment to the Contract as required by Section 17(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 foregoing recitals are ratified and incorporated herein.
2. The Scope of Work incorporated into the Contract is hereby modified to include the
U.S. Highway One median from the Parker Bridge to Carolinda Drive.
3. The total annual compensation paid by the VILLAGE to the CONTRACTOR shall
increase by $170.16 per month for the months of July, August and September, 2014, for a total
increase of $510.48 (10,747 additional square feet at $0.19 per square foot = $2,041.93 per year
or $170.16 per month).
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4. All other provisions of the Contract, First Amendment and Second Amendment, to the
extent not expressly modified herein, shall remain in full force and effect. In the event of a
conflict between the terms of the Contract, as modified by the First Amendment and Second
Amendment, and this Third Amendment, the terms of this Third Amendment shall control.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Second Amendment as of the day and year first above written.
CONTRACTOR:
TOTAL MAINTENANCE BUILDING SERVICES, INC.
BY:
Print Name: L o e-,-4"-o �l• l�
Position:
VILLAGE:
VILLAGE OF NORTH PALM BEACH, FLORIDA
ljalk-v
'
DARYL C. AYBREY, MAYOR
ATTEST:
BY:
MELISSATE A-L:, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUyFFICIENCY:
BY: Z
VILLAGE ATTORNEY
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