2015-22 Second Amendment to Grant Services AgreementRESOLUTION 2015 -22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT
TO THE AGREEMENT FOR GRANT SERVICES WITH RMPK FUNDING, INC.
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2013 -05, the Village Council approved an
Agreement for Grant Services for RMPK Funding, Inc.; and
WHEREAS, through the adoption of Resolution 2014 -25, the Village Council approved an
Amendment to the Agreement to extend the term for an additional one year period; and
WHEREAS, the parties wish to enter into a Second Amendment to the Agreement to again
extend the term and to add additional language addressing recovery of fees from grant funds and
compliance with Public Records Law; 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 NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified and incorporated herein.
Section 2. The Village Council hereby approves the Second Amendment to Agreement for
Grant Services with RMPK Funding, 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. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
4"Q C-
MAYOR
SECOND AMENDMENT TO AGREEMENT FOR
GRANT SERVICES
This Second Amendment is made as of the _M day of February, 2015, by and
between the Village of North Palm Beach, Florida, a Florida municipal corporation
( "VILLAGE ") and RMPK Funding, Inc., a Florida corporation ( "CONSULTANT "), whose
FEIN is 20- 609342.
RECITALS
WHEREAS, the VILLAGE and CONSULTANT entered into an Agreement for
grant preparation and management services dated February 14, 2013 ( "Agreement ");
and
WHEREAS, Section 2(A) of the Agreement provides that the term of the
Agreement may be extended upon written agreement of the parties; and
WHEREAS, through the execution of an Amendment to the Agreement
( "Amendment ") dated April 10, 2014, the parties extended the term through February
14, 2015; and
WHEREAS, the VILLAGE and CONSULTANT wish to again extend the term of
the Agreement, subject to the additional terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth in the
Agreement and this Second Amendment and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the VILLAGE and
CONSULTANT agree as follows:
1. The Agreement is hereby extended for the remainder of FY 15 and all of
FY 16 retroactive to February 14, 2015.The Agreement shall automatically expire on
September 30, 2016, unless extended by written agreement of the parties.
2. The VILLAGE shall remit payment to CONSULTANT on a quarterly basis,
with the first quarterly payment of $3,750.00 due within ten (10) days of execution of this
Amendment and additional payments of $3,750.00 due on or before May 15, 2015,
August 15, 2015, November 15, 2015, February 15, 2016, May 15, 2016. The last
payment on August 15, 2016 shall be in the prorated amount of $1,875.00.
3. To the fullest extent possible, CONSULTANT shall seek recovery and
assist the VILLAGE in seeking recovery of the fees incurred by the VILLAGE for
CONSULTANT's services from any grant funds actually received by the VILLAGE.
4. CONSULTANT shall comply with Chapter 119, Florida Statutes, regarding
access to public records. Failure of compliance may be grounds for termination by the
VILLAGE. Pursuant to Section 119.0701, Florida Statutes, CONSULTANT shall:
A. Keep and maintain public records that ordinarily and necessarily would be
required by the VILLAGE in order to perform the services.
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B. Provide the public with access to public records on the same terms and
conditions that the VILLAGE would provide the records and at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
C. Ensure that public records that are exempt or confidential from public
records disclosure requirements are not disclosed except as authorized by
law.
D. Meet all requirements for retaining public records and transfer, at no cost
to the VILLAGE all public records in possession of the CONSULTANT
upon termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
VILLAGE in a format that is compatible with the information technology
system of the VILLAGE.
5. All provisions of the Agreement and Amendment, to the extent not
specifically modified herein, shall remain in full force and effect. In the event of a
conflict between the provisions of the Agreement and Amendment and this Second
Amendment, the terms of this Second Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment as of the day and year first above written.
RM
M.
VILLAGE OF NORTH PALM BEACH
BY: � C a� --�
Darryl C. A4brey, Mayor
ATTEST:
BY:
MeTisga Teal, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Village Attorney
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