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R2022-82 Third Amendment to Janitorial Services ContractRESOLUTION 2022-82 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE CONTRACT WITH AK BUILDING SERVICES, INC. FOR JANITORIAL SERVICES TO EXTEND THE TERM THROUGH FISCAL YEAR 2023 AND INCREASE THE COMPENSATION; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2018-06 on January 25, 2018, the Village Council awarded a Contract for municipal facilities janitorial services to AK Building Services, Inc.; and WHEREAS, through the adoption of Resolution No. 2019-22 on March 14, 2019, the Village Council executed an Amendment to the Contract to include additional space within the Community Development Department and modify the compensation; and WHEREAS, through the adoption of Resolution No. 2020-70 on November 12, 2020, the Village Council executed a Second Amendment to the Contract to include additional space within the North Palm Beach Country Club Clubhouse facility and modify the compensation; and WHEREAS, the parties have agreed to extend the term for an additional one-year period through Fiscal Year 2023 and modify the compensation to reflect increases in the minimum wage and the cost of supplies; and WHEREAS, the Village Council determines that the approval of a Third Amendment to the Contract is in the best interests of the Village and its residents. 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 Third Amendment to the Contract for Municipal Janitorial Services with AK Building Services, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Third Amendment on behalf of the Village. The total cost shall not exceed $184,145.44, with funds expended from Account No. A5522-33491 (Public Works/Facilities — Contractual Services) and Account No. L8059-33491 (Country Club — Contractual Services). In approving the Third Amendment, the Village Council waives any conflicting purchasing policies and procedures. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. C/ Page 1 of 2 Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 22ND DAY OF SEPTEMBER, 2022. SORT!" . (V �,e Seal)gyp: FLURIDA ;�n • f ATT VILLAGE C ERK Page 2 of 2 Page 1 of 3 THIRD AMENDMENT TO CONTRACT THIS THIRD AMENDMENT is made and entered into this 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 VILLAGE and AK BUILDING SERVICES, INC., a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal I.D. is 26-3509119. WHEREAS, the VILLAGE and CONTRACTOR executed a Contract dated January 25, 2018 Contract”) to provide all services necessary for municipal facility janitorial services as required under the Request for Proposals issued by the VILLAGE; and WHEREAS, the VILLAGE and CONTRACTOR executed an Amendment to the Contract dated March 14, 2019 to include additional space within the Community Development Department and adjust the compensation accordingly; and WHEREAS, the VILLAGE and CONTRACTOR executed a Second Amendment to the Contract dated November 12, 2020 to include the North Palm Beach Country Club and adjust the compensation accordingly; and WHEREAS, the parties wish to again amend the Contract to extend the term for an additional one 1) year period and increase the compensation during the extended term due to an increase in the minimum wage and the cost of supplies. 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 hereby acknowledged, the VILLAGE and CONTRACTOR agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Article 2 of the Contract is hereby amended to extend the term for an additional one (1) year period through September 30, 2023. 3. The base compensation to be paid by the VILLAGE to CONTRACTOR shall increase by eight percent (8%) from $140,693.00 to $151,984.44 and the compensation for additional services shall increase as set forth in the pricing sheet for Additional Services effective October 1, 2022. The total cost for the services provided by CONTRACTOR during the extended term shall not exceed $184,145.44. 4. 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 DocuSign Envelope ID: C696DA2C-DE4D-4046-A7F1-3DE8CF8CE364DocuSign Envelope ID: 6BED0F5E-E61B-4B59-BB06-276E9539D0F3 Page 2 of 3 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. All other provisions of the Contract, as previously amended, shall remain in full force to the extent not expressly modified herein. Remainder of page intentionally blank – signatures on next page] DocuSign Envelope ID: C696DA2C-DE4D-4046-A7F1-3DE8CF8CE364DocuSign Envelope ID: 6BED0F5E-E61B-4B59-BB06-276E9539D0F3 Page 3 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: AK BUILDING SERVICES, INC. BY: MARK CEDAR, PRESIDENT VILLAGE OF NORTH PALM BEACH BY: ________________________________ DEBORAH SEARCY, MAYOR ATTEST: BY:________________________________ JESSICA GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY DocuSign Envelope ID: C696DA2C-DE4D-4046-A7F1-3DE8CF8CE364DocuSign Envelope ID: 6BED0F5E-E61B-4B59-BB06-276E9539D0F3