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R2022-94 Amendment to Contract for Heritage Day Amusement RidesRESOLUTION 2022-94 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT WITH BIG FUN, INC. TO PROVIDE AMUSEMENT RIDES FOR HERITAGE DAY 2023 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2020-15 on February 13, 2020, the Village Council approved a Contract with Big Fun, Inc. to provide amusement rides for Heritage Day 2020 through 2022 based on a proposal submitted in response to the Village's RFP; and WHEREAS, due to COVID-19, the Village canceled Heritage Day in 2020 and 2021, and the parties have agreed to amend the Contract to extend the term for an additional one-year period and increase the compensation paid by the Village; and WHEREAS, the Village Council determines that the approval of the 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 an Amendment to the Contract with Big Fun, Inc. to extend the term for an additional one-year period and increase the compensation to $55,860.00 for Heritage Day 2023, with funds expended from Account No. A8229-35650 (Parks and Recreation — Heritage Weekend Expense). The Village Council further authorizes and directs the Mayor and Village Clerk to execute the Amendment, a copy of which is attached hereto and incorporated herein. Section 3. In approving the Amendment to the Contract, the Village Council waives all conflicting purchasing policies and procedures. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its adoption. 0 OPTED THIS 27"" DAY OF OCTOBER, 2022. � 1 RJA • r VILLAGE CLERK MAYUk_ 1 AMENDMENT TO CONTRACT This Amendment is made as of the 27th day of October, 2022, by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to as the VILLAGE, and BIG FUN, INC., a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal Employer I.D. is 20-1152264. WHEREAS, on February 13, 2020, the VILLAGE and CONTRACTOR executed a Contract whereby CONTRACTOR agreed to provide amusement rides for the VILLAGE’s Heritage Day event for 2020, 2021 and 2022; and WHEREAS, the VILLAGE canceled Heritage Day in 2020 and 2021 because of the COVID-19 pandemic, and due to inflation and supply chain issues, CONTRACTOR has agreed to provide amusement rides for Heritage Day 2023 at an increased cost; and WHEREAS, the parties wish to amend the Contract to provide for these modifications. NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in the Contract and this Amendment, the receipt and sufficiency of which is hereby acknowledged by both parties, the VILLAGE and CONTRACTOR agree as follows: A. CONTRACTOR shall provide amusement rides for Heritage Day 2023, and the parties agree to amend subsections 1 and 2 of Article 1(C) to read as follows: 1. CONTRACTOR shall stage all rides/attractions at the VILLAGE’s designated location so that they are ready for inspection by the State of Florida on Friday, March 31, 2023 (day before the event) and shall provide the required services at the VILLAGE’s designated location on Saturday, April 1, 2023 (day of event). 2. In the event of inclement weather, CONTRACTOR shall provide the required services at the VILLAGE’s designated location on Sunday April 2, 2023 (day after event). B. The parties agree to amend Article 2(D) to extend the term of the Contract for an additional one-year period, unless terminated earlier in accordance with Article 7. C. The parties agree to amend Article 4(A) of the Contract to increase the amount of compensation paid by the VILLAGE to CONTRACTOR to Fifty-Five Thousand Eight Hundred and Sixty Dollars and No Cents ($55,860.00) for Heritage Day 2023. The Village shall pay the fifty percent (50%) deposit on or before February 1, 2023. D. The parties agree to add a new Article 34 to the Contract to read as follows: ARTICLE 34. 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 DocuSign Envelope ID: 07C241CC-9952-487A-B099-32C67D0143B8DocuSign Envelope ID: 79021C36-4D64-41F8-B0A4-582BA44BADD8 2 unauthorized aliens. 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. E. All other terms and conditions of the Contract, to the extent not expressly modified herein, shall remain in full force and effect. In the event of an express conflict between the terms of the Contract and this Amendment, the terms of this Amendment shall control. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment as of the day and year first above written. CONTRACTOR: BY: Print Name: Title: _____________________________ 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: 07C241CC-9952-487A-B099-32C67D0143B8 President Michael Doolan DocuSign Envelope ID: 79021C36-4D64-41F8-B0A4-582BA44BADD8