R2022-81 Fourth Amendment to BrightView ContractRESOLUTION 2022-81
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A FOURTH AMENDMENT TO THE
GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF
MAINTENANCE, INC. TO PROVIDE FOR AN ADJUSTMENT IN ANNUAL
COMPENSATION FOR FISCAL YEAR 2023 AS WELL AS AN ADDITIONAL
EMPLOYEE AND EQUIPMENT; AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE FOURTH AMENDMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2019-44 on May 23, 2019, the Village entered
into a Contract for Golf Course Maintenance Services with BrightView Golf Maintenance, Inc.
(`BrightView"); and
WHEREAS, through the adoption of Resolution No. 2020-34 on April 23, 2020, the Village and
BrightView executed an Amendment to the Contract to incorporate additional bunker repair and pond
remediation work at the Golf Course, provide payment terms for the additional work, and extend the
Contract for an additional one-year period through Fiscal Year 2023 subject to an adjustment in
compensation based on indexes published by the United States Bureau of Labor and Statistics; and
WHEREAS, through the adoption of Resolution 2021-04 on January 14, 2021, the Village and
BrightView executed a Second Amendment to the Contract to provide for an Enhanced Foliar
Program for the fairways for an additional one year; and
WHEREAS, through the adoption of Resolution 2021-58 on July 8, 2021, the Village and BrightView
executed a Third Amendment to the Contract to provide for an Enhanced Foliar Program for both the
fairways and the roughs for the duration of the Contract; and
WHEREAS, the parties wish to again amend the Contract to provide for the adjustment in
compensation for Fiscal Year 2023 as set forth in the Amendment, as well as to provide an additional
adjustment in compensation in exchange for an additional golf course turf sprayer and one additional
maintenance employee; and
WHEREAS, the Village Council determines that the approval of a Fourth 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 a Fourth Amendment to the Contract with
BrightView Golf Maintenance, Inc. for Golf Course Maintenance Services, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the
Fourth Amendment on behalf of the Village. The total increase in compensation for Fiscal Year 2023
shall not exceed $106,412.54, with funds expended from Account No. L8045-33491 (Golf Course
Maintenance — Contractual Services).
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Section 3. All resolutions or parts of resolutions 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 22ND DAY OF SEPTEMBER, 2022.
400 .1
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(V 'e Seal)
FLORIDA
ATTEST:
LAGE CLERK
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FOURTH AMENDMENT TO CONTRACT
This Fourth Amendment is made as of the 22nd day of September, 2022, 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 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, on April 23, 2020, the VILLAGE and CONTRACTOR executed an Amendment to
the Contract (“Amendment”) to incorporate additional work, extend the term of the Contract and
provide for an adjustment in compensation for Fiscal Year 2023; and
WHEREAS, on January 14, 2021, the VILLAGE and CONTRACTOR executed a Second
Amendment to the Contract (“Second Amendment”) to implement an enhanced foliar program for
the fairways for an additional year; and
WHEREAS, on July 8, 2021, the VILLAGE and CONTRACTOR executed a Third Amendment
to the Contract (“Third Amendment”) to implement an enhanced foliar program for both the
fairways and the roughs for the duration of the Contract; and
WHEREAS, the parties wish to amend the Contract to provide for the compensation adjustment
set forth in the Amendment and provide an additional adjustment to fund the purchase of an
additional turf sprayer and an additional maintenance staff employee.
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. Adjustment to Compensation and Additional Equipment/Personnel
A. Pursuant to the terms of Section 4.B of the Amendment, the annual compensation payable
by the VILLAGE to CONTRACTOR is increased by five percent (5%) or $64,492.50 for
Fiscal Year 2023.
B. In addition to the increase referenced in subsection A above, the annual amount of
compensation payable by the VILLAGE to CONTRACTOR shall be increased an
additional three and one-quarter percent (3.25%) or $41,920.09 for Fiscal Year 2023. In
exchange for this increase, CONTRACTOR agrees to add one golf course equipment turf
sprayer and one additional employee to its maintenance staff at the North Palm Beach
Country Club Golf Course.
DocuSign Envelope ID: 081AF57F-F7CC-4ECA-9A7D-04CF7FB187D0DocuSign Envelope ID: CC8C41B5-C96D-4681-9FFB-DB12967C789B
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3. E-Verify.
CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
4. Conflicts
In the event of a conflict between this Fourth Amendment and the Contract, as amended, the terms
of this Fourth Amendment shall control. To the extent not expressly modified herein, all other
provisions of the Contract, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
CONTRACTOR:
BRIGHTVIEW GOLF MAINTENANCE, INC.
By:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH:
BY: ________________________________
DEBORAH SEARCY,
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
DocuSign Envelope ID: 081AF57F-F7CC-4ECA-9A7D-04CF7FB187D0
Terrance D. McGuire
Vice President
Terrance D. McGuire
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
LEONARD G. RUBIN,
VILLAGE ATTORNEY
DocuSign Envelope ID: 081AF57F-F7CC-4ECA-9A7D-04CF7FB187D0DocuSign Envelope ID: CC8C41B5-C96D-4681-9FFB-DB12967C789B