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2017-57 Second Amendment to Planning Services Contract with Calvin Giordano & AssociatesRESOLUTION 2017-57 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE CONTRACT FOR PLANNING SERVICES WITH CALVIN GIORDANO AND ASSOCIATES, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT 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 September 25, 2014, the Village entered into a Contract for Planning Services with Calvin, Giordano and Associates, Inc. ("Contract"); and WHEREAS, the Contract was for a term of one year, and through the adoption of Resolution No. 2015-73 on October 22, 2015, the Village Council approved an Amendment to the Contract to extend the term through September 30, 2016; and WHEREAS, the Village and Calvin, Giordano have agreed to execute a Second Amendment to the Contract to once again extend the term September 30, 2019; 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 Second Amendment to the Contract for Planning Services with Calvin, Giordano and Associates, 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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 l OTH DAY OF AUGUST, 2017. (Village Seal) ATTEST: VILLAGE CLERK 1 �i SECOND AMENDMENT TO CONTRACT This Second Amendment is made as of the day of ((J5 7L , 2017, 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 CALVIN, GIORDANO & ASSOCIATES, INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose Federal I.D. number is 65-0013869. WHEREAS, in response to the VILLAGE's issuance of a Request for Proposals for Planning Services, the VILLAGE and CONTRACTOR entered into a Contract dated September 25, 2014 for the development of an updated unified land development code ("Contract"); and WHEREAS, Section 23 of the Contract authorizes the parties to modify the terms and conditions set forth therein by written instrument executed by the parties; and WHEREAS, the term of the original Contract was for a period of one-year, and on October 22, 2015, the VILLAGE and CONTRACTOR executed an Amendment to the Contract to extend the term through September 30, 2016; and WHEREAS, in order to allow sufficient time to complete the project, the parties wish to extend the Contract through September 30, 2019. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Contract, as amended, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The foregoing recitals are ratified as true and correct. 2. The term of the Contract, as set forth in Section 2(A), is hereby extended through September 30, 2019, retroactive to October 1, 2016. place: 3. Section 29 of the Contract is hereby stricken and the following substituted in its SECTION 29. PUBLIC RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK(cr�,VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: Page 1 of 3 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 CONTRACTOR 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 CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR 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 other provisions of the Contract, as amended, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment of the day and year first above written. CALVIN, GIORDANO & ASSOCIATES, INC. Print Name r, (-, � Position: -SAv« J �C--. TSe& r o'ej Page 2 of 3 VILLAGE OF NORTH PALM BEACH BY: 1�j e a6s D)4ARYL C. 4BREY, MAYOR ATTEST: BY:WYA�A---Z�( MEI.,ISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY Page 3 of 3