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R2020-34 Amendment to Golf Course Maintenance AgreementRESOLUTION 2020-34 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF MAINTENANCE, INC. TO INCLUDE BUNKER REPAIR AND POND REMEDIATION WORK, PROVIDE FOR A PAYMENT SCHEDULE FOR THE ADDITIONAL WORK AND EXTEND THE CONTRACT TERM BY ONE YEAR; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 23, 2019, the Village entered into a Contract for Golf Course Maintenance Services with BrightView Golf Maintenance, Inc. ("BrightView"); and WHEREAS, in accordance with Article 19 of the Contract, the Village requested BrightView to perform additional bunker repair and pond remediation work at the Golf Course; and WHEREAS, BrightView has agreed to perform the additional work, and the parties wish to amend the Contract to incorporate the additional work, provide payment terms for the additional work, and extend the Contract for an additional one-year period subject to an adjustment in compensation based on changes to indexes published by the United States Bureau of Labor Statistics; and WHEREAS, the Village Council determines that the approval of the Amendment to the Contract, including any waiver the Village's purchasing policies and procedures, 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 an Amendment to the Contract with BrightView Golf Maintenance, Inc. for the Golf Course Maintenance Services, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. The total cost for the additional work set forth in the Amendment shall not exceed $300,000 (including $4,125.20 in contingency), with funds expended from Account No. L8045-33491 (Golf Course Maintenance — Contractual Services). Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 1 of 2 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 23' DAY OF APRIL, 2020. (Village Seal) ATTEST: *.. A -1s MAYOR Page 2 of 2 AMENDMENT TO CONTRACT r This Amendment is made as of the r�'�day of , 2020, by and between the VILLAGE OF NORTH PALM BEACH, a municipal c oration organized and existing under the laws of the State of Florida, hereinafter referred to as the VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC., a California corporation authorized to do business in the State of Florida, hereinafter referred to as CONTRACTOR, whose Federal I.D. is 95-2999239. WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Golf Course Maintenance Services dated May 23, 2019 ("Contract"); and WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested CONTRACTOR to perform additional bunker repair and pond remediation work at the North Palm Beach Country Club Golf Course ("Additional Work"); and WHEREAS, CONTRACTOR has agreed to perform the Additional Work at a total cost of $295,894.80, as outlined in its Proposal dated December 10, 2019; and WHEREAS, the parties have agreed to amend the Contract to: (1) incorporate the Additional Work into the Contract; (2) provide payment terms for the Additional Work; and (3) extend the Contract for an additional one-year period, subject to an adjustment in compensation based on changes to the Employment Cost Index and the Consumer Price Index published by the United States Bureau of Labor Statistics. NOW, THEREFORE, in consideration of the mutual obligations set forth herein and the Contract, as amended, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Contract as follows: 1. Recitals The foregoing recitals are ratified as true and correct and are incorporated herein. 2. Additional Work CONTRACTOR shall perform all of the bunker repair work and the pond remediation work for Holes 9 and 18 ("Additional Work") as set forth in its Proposal dated December 10, 2019, a copy of which is attached hereto and incorporated herein by reference. CONTRACTOR shall perform the Additional Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the same or similar locality at the time such services are performed 3. Cost of Additional Work The VILLAGE shall pay CONTRACTOR the sum of $295,894.80 for the Additional Work, payable as follows: Page 1 of 3 A. $30,000 payable upon CONTRACTOR's commencement of the Additional Work; B. $30,000 payable on October 10, 2020; and C. An increase in the monthly Golf Course maintenance payment by $6,666.66 from October 1, 2020 through September 30, 2023 (provided that the last payment on September 1, 2023 shall be adjusted to reflect the actual amount that remains outstanding). 4. Extension of Contract Term A. The parties hereby agree to amend Article 2.A of the Contract to extend the term by one year, from October 1, 2022 through September 30, 2023 ("Fiscal Year 2023"), subject to the two additional one-year renewals upon mutual agreement of both parties at the same rate of compensation for Fiscal Year 2023, unless earlier terminated in accordance with Article 8. B. The total annual compensation for Fiscal Year 2023 shall be adjusted by the weighted average of the changes to the following indexes published by the United States Bureau of Labor Statistics: (1) The percentage change in the Consumer Price Index for all Urban Consumers (CPI- (); U.S. City Average (all items, not seasonally adjusted) from August 2021 to August 2022 (25%); and (2) The percentage change in the Employment Cost Index for Total Compensation (not seasonally adjusted) for private industry workers in service providing industries from August 2021 to August 2022 (75%). Notwithstanding the foregoing, the maximum adjustment for Fiscal Year 2023 shall not exceed five percent (5%). In the event that either the Consumer Price Index or the Employment Cost Index is not available, a reliable governmental or other nonpartisan publication, evaluating the information for use in determining the Consumer Price Index and/or Employment Cost Index, shall be used. C. If the VILLAGE terminates the Contract prior to the expiration date, the VILLAGE shall pay CONTRACTOR all remaining monies owed for the Additional Work that has been completed by CONTRACTOR to the VILLAGE's satisfaction. 5. Conflicts In the event of a conflict between this Amendment and the Contract, the terms of this Amendment shall control. To the extent not expressly modified herein, all other provisions of the Contract shall remain in full force and effect. Page 2 of 3 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment as of the day and year first above written. CONTRA TOR: BRIGHT GOLF A NANCE, INC. By: Print Name:�� Title: J -L VILLAGE OF NORTH PALM BEACH BY: S SAN BICKEL, MAYOR ATTEST: JES '' A GREEN, VI L GE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: LEONARD G. RUBIN, VILLAGE ATTORNEY Page 3 of 3