2016-52 RMPK Grant Services Contract AmendmentRESOLUTION 2016 -52
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO
THE AGREEMENT FOR GRANT SERVICES WITH RMPK FUNDING, INC.
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
THIRD AMENDMENT; PROVIDING FOR CONFLICTS; 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, through the adoption of Resolution 2015 -22, the Village Council approved a
Second Amendment to the Agreement to extend the term through September 30, 2016; and
WHEREAS, the parties wish to enter into a Third Amendment to the Agreement to again extend
the term for an additional one -year period and to add additional language in compliance with a
recent statutory amendment to the 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 Third 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 Third 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repealed to the extent of such conflict.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 take effect immediately upon adoption.
PASSED AND ADOPTED THIS 8TH DAY OF S
(Village's ea])
ATTEST:
VILLAGE CLERK
THIRD AMENDMENT TO AGREEMENT FOR
GRANT SERVICES
This Third Amendment is made as of the 8th day of September, 2016, 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, through the execution of a Second Amendment to the Agreement
( "Second Amendment ") dated February 26, 2015, the parties extended the term through
September 30, 2016; 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 Third 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 from October 1, 2016 through
September 30, 2017, at which time the Agreement shall automatically expire unless
extended by written agreement of the parties.
2: The VILLAGE shall pay to CONSULTANT the sum of $15,000 for services
rendered during Fiscal Year 2017. The VILLAGE shall remit payment to CONSULTANT
on a quarterly basis, with quarterly payments in the amount of $3,750.00 due on or
before October 15, 2016, January 15, 2017, April 15, 2017, and July 15, 2017.
3. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (561) 841 -3355; NPBCLERK(@_VILLAGE- NPB.ORG; OR
501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
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In performing services pursuant to this Contract, CONSULTANT shall comply
with all relevant provisions of Chapter 119, Florida Statutes. As required by Section
119.0701, Florida Statutes, CONSULTANT shall:
A. Keep and maintain public requires required by the VILLAGE to perform
the service.
B. Upon request from the VILLAGE's custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be
inspected or copied within a reasonable time 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 and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Contract term and following
completion of the Contract if the CONSULTANT does not transfer the
records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all
public records in possession of CONSULTANT or keep and maintain
public records required by the VILLAGE to perform the services. If
CONSULTANT transfers all public records to the VILLAGE upon
completion of the Contract, CONSULTANT shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. If CONSULTANT keeps and maintains
public records upon completion of the Contract, CONSULTANT shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the VILLAGE, upon request from the
VILLAGE's custodian of public records, in a format that is compatible with
the information technology systems of the VILLAGE.
4. All provisions of the Agreement, Amendment and Second Amendment, to
the extent not specifically modified herein, shall remain in full force and effect. In the
event of a conflict, such conflict shall be resolved in the following order of precedence:
Third Amendment, Second Amendment, Amendment and Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment as of the day and year first above written.
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VILI
ATTEST:
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Village Attorney
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