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2017-61 Golf Course Maintenance Services Contract ExtensionRESOLUTION 2017-61 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE CONTRACT FOR GOLF COURSE MAINTENANCE SERVICES WITH INTERNATIONAL GOLF MAINTENANCE, INC. TO EXTEND THE TERM OF THE CONTRACT 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 27, 2012, the Village entered into a Contract for Golf Course Maintenance Services with International Golf Maintenance, Inc. ("Contract"); and WHEREAS, the Contract provided for a term of three -years, with an automatic two-year renewal and will expire on September 30, 2017; and WHEREAS, on June 26, 2014, the parties executed an Amendment to the Contract to provide for additional services at the Village's athletic fields which have since been completed; and WHEREAS, based on the existing relationship, the quality of services provided and the upcoming reconstruction of Country Club facilities, the Village Council determines that it is the in Village's best interest to extend the Contract for an additional two-year term through the estimated completion of the construction activities and wishes to waive any conflicting purchasing rules and regulations; and WHEREAS, International Golf Maintenance, Inc. has agreed to continue to provide Golf Course and Country Club maintenance services at no additional cost through the extended term; and WHEREAS, the Village Council determines that the approval of a 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 the Contract for Golf Course Maintenance Services with International Golf Maintenance, 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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 24TH DAY OF AUGUST, 2017. Village.Seal D ) MAYOR ATTEST: VILLAGE CLERK SECOND AMENDMENT TO CONTRACT FOR GOLF COURSE MAINTENANCE SERVICES THIS SECOND AMENDMENT is made as of the lday of 56 ,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 VILLAGE, and INTERNATIONAL GOLF MAINTENANCE, INC., a Florida corporation, hereinafter referred to as the CONTRACTOR. WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Golf Course Maintenance Service dated September 27, 2012 ("Contract") to provide all goods and services necessary for the maintenance of the Golf Course and Country Club grounds; and WHEREAS, on June 26, 2014, the VILLAGE and CONTRACTOR executed an Amendment to the Contract to provide for additional services at the Village's athletic fields over a three-month period, which services have since been completed; and WHEREAS, based on the existing relationship and the upcoming reconstruction of the Country Club facilities, the VILLAGE and CONTRACTOR wish to again amend the Contract to extend the Contract for an additional two-year term at no additional cost. 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: The foregoing recitals are ratified and incorporated herein. 2. Section 2 of the Contract is hereby amended to extend the term for an additional two years, through September 30, 2019. CONTRACTOR expressly acknowledges that during this extended term of the Agreement, the VILLAGE will be undertaking renovations to the golf course. To that end, the VILLAGE shall provide CONTRACTOR with a revised Scope of Services prepared by the VILLAGE's consulting agronomist. CONTRACTOR agrees to redirect its resources and personnel as needed and in accordance with the revised Scope of Services during this period of renovation and construction at no additional cost to the VILLAGE. 3. The Contract is amended to add a new Section 30 to provide as follows: SECTION 30. 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; Page 1 of 3 NPBCLERKgVILLAGE-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: 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, to the extent not expressly modified herein, shall remain in full force and effect. [Remainder of page intentionally blank] Page 2 of 3 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: INTERNATIONAL GOLF MAINTENANCE, INC. BY: Print Name: Position:— XCV C-- Vp VILLAGE: VILLAGE OF NORTH PALM BEACH, FLORIDA BY: D RRYL A , MAYOR ATTES : BY: a'A MET,fS, SA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY Page 3 of 3