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R2023-69 Tenth Amendment to Agreement for Grant Services with RMPK Funding, Inc.RESOLUTION 2023-69 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH FLORIDA APPROVING A TENTH AMENDMENT M NDMENT TO THE AGREEMENT FOR GRANT SERVICES WITH RMPK FUNDING, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE TENTH 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 Nos. 2014-25, 2015-22, 2016-52, 201.7-67, 2018-92, 2019-134, 2020-71, 2021-87, and 2022-74, the Village Council extended the term of the Agreement and modified the compensation for additional fiscal years through September 30, 2023; and WHEREAS, the parties wish to enter into a Tenth Amendment to the Agreement to again extend the term for an additional one-year period through September 30, 2024 and add a provision required by Florida law; and WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver of any conflicting 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 NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby approves the Tenth 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 Tenth Amendment on behalf of the Village. The compensation for Fiscal Year 2023 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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 immediately unon adontion_ PTED THIS ,14TH DAY OF S VILLAGE CLERK Page 1 of 3 TENTH AMENDMENT TO AGREEMENT FOR GRANT SERVICES This Tenth Amendment is made as of the 14th day of September, 2023, 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, through the execution of a Fifth Amendment to the Agreement (“Fifth Amendment”) dated October 25, 2018, the parties extended the term through September 30, 2019; and WHEREAS, through the execution of a Sixth Amendment to the Agreement (“Sixth Amendment”) dated December 12, 2019, the parties extended the term through September 30, 2020; and WHEREAS, through the execution of a Seventh Amendment to the Agreement (“Seventh Amendment”) dated November 12, 2020, the parties extended the term through September 30, 2021; and WHEREAS, through the execution of an Eighth Amendment to the Agreement (“Eighth Amendment”) dated October 11, 2021, the parties extended the term through September 30, 2022; and WHEREAS, through the execution of a Ninth Amendment to the Agreement (“Ninth Amendment”) dated September 22, 2022, the parties extended the term through September 30, 2023; and DocuSign Envelope ID: 7F27115E-2A51-40D5-97D6-10D00F574E8DDocuSign Envelope ID: D65E05F1-EEDD-42CA-A04B-8B2669DC63DA Page 2 of 3 WHEREAS, through the execution of a Ninth Amendment to the Agreement (“Ninth Amendment”) dated September 22, 2022, the partis extended the term through September 30, 2023; 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 Tenth 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 through September 30, 2024, 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 2024 (October 1, 2023 through September 30, 2024). The Village shall remit payment to CONSULTANT on a quarterly basis. The first quarterly payment of $5,000 shall be due on October 15, 2023, with remaining quarterly payments due on or before January 15, 2024, April 15, 2024, and July 15, 2024. 3. CONSULTANT warrants and represents that CONSULTANT and all sub- consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. CONSULTANT 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 sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONSULTANT has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but CONSULTANT has otherwise complied, it shall notify CONSULTANT, and CONSULTANT shall immediately terminate its agreement with the sub- consultant. 4. 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 Tenth Amendment and the Agreement, as previously amended by the First through Ninth Amendments, the terms of this Tenth Amendment shall control. IN WITNESS WHEREOF, the parties hereto have made and executed this Tenth Amendment as of the day and year first above written. RMPK FUNDING, INC. BY: Ryan A. Ruskay, President DocuSign Envelope ID: 7F27115E-2A51-40D5-97D6-10D00F574E8DDocuSign Envelope ID: D65E05F1-EEDD-42CA-A04B-8B2669DC63DA Page 3 of 3 VILLAGE OF NORTH PALM BEACH BY: ________________________________ David Norris, Mayor ATTEST: BY: ________________________________ Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ Village Attorney DocuSign Envelope ID: 7F27115E-2A51-40D5-97D6-10D00F574E8DDocuSign Envelope ID: D65E05F1-EEDD-42CA-A04B-8B2669DC63DA