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R2018-92 Fifth Amendment to Grant Services Management ContractRESOLUTION 2018-92 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF / - NORTH PALM BEACH, FLORIDA, APPROVING A FIFTH AMENDMENT 1. TO THE AGREEMENT FOR GRANT SERVICES WITH RMPK FUNDING, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIFTH 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, through the adoption of Resolution 2016-52, the Village Council approved a Third Amendment to the Agreement to extend the term through September 30, 2017; and WHEREAS, through the adoption of Resolution 2017-67, the Village Council approved a Fourth Amendment to the Agreement to extend the term through September 30, 2018; and WHEREAS, the parties wish to enter into a Fifth Amendment to the Agreement to again extend the term for an additional one-year period retroactive to October 1, 2018 and the Village Council determines that the adoption of this Resolution and the waiver of any conflicting purchasing policies and procedures are 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 and incorporated herein. Section 2. The Village Council hereby approves the Fifth 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 Fifth Amendment on behalf of the Village. The compensation for Fiscal Year 2019 shall not exceed $20,000.00, with funds expended from Account No. A8028-33190 (Parks & Recreation — Professional Services). 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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 i PASSED AND ADOPTED THIS 25TH DAY OF (Village Seal) ATTEST: 1 VILLAGE CLERK FIFTH AMENDMENT TO AGREEMENT FOR GRANT SERVICES This Fifth Amendment is made as of the 25th day of October, 2018, 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 (“First 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, through the execution of a Third Amendment to the Agreement (“Third Amendment”) dated September 8, 2016, the parties extended the term through September 30, 2017; and WHEREAS, through the execution of a Fourth Amendment to the Agreement (“Fourth Amendment”) dated September 21 2017, the parties extended the term through September 30, 2018; 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 Fourth 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 retroactively from October 1, 2019 through September 30, 2019, 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 $20,000 for services rendered during Fiscal Year 2019 (October 1, 2018 through September 30, 2019). The Village shall remit payment to CONSULTANT on a quarterly basis, with quarterly payments in the amount of $5,000.00 due on or before October 15, 2018, January 15, 2019, April 15, 2019, and July 15, 2019. Page 1 of 2 3. All provisions of the Agreement, as amended, to the extent not specifically modified herein, shall remain in full force and effect. In the event of a conflict between the terms of this Fifth Amendment and the Agreement, as previously amended by the First through Fourth Amendments, the terms of this Fifth Amendment shall control. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as of the day and year first above written. ATTEST: BY: `'KZ Melissa Teal, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Village Attorney Page 2 of 2 i