2013-21 Mowing & Landscape Maintenance Services ContractRESOLUTION 2013 -21
\ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A SECOND
AMENDMENT TO THE CONTRACT FOR MOWING AND LANDSCAPE
MAINTENANCE SERVICES WITH TOTAL MAINTENANCE BUILDING
SERVICES, INC. TO EXTEND THE TERM OF THE CONTRACT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based on the proposals submitted in response to the Village's Request for Proposals, on
December 13, 2007, the Village entered into a Contract for Mowing and Landscape Maintenance
Services with Total Building Maintenance Services, Inc. ( "Contract "); and
WHEREAS, on June 11, 2009, the Village entered into an Amendment to the Contract to modify the
scope of work and adjust the annual compensation paid by the Village; and
WHEREAS, the Contract, as amended, has expired, and the Village and Total Maintenance have
agreed to execute a Second Amendment to the Contract to extend the term through September 30,
2014, retroactive to the date of expiration, at the same rate of compensation; and
WHEREAS, the Village Council determines that the adoption of this Resolution 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 the Second Amendment to Contract for
Mowing and Landscape Maintenance Services with Total Maintenance Building Services, Inc., a
copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village
Clerk to execute the Second Amendment on behalf of the Village.
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repealed to the extent of such conflict.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 be effective immediately upon adoption.
PASSED AND ADOPTED THIS 11th DAY OF APRIL, 2013.
(Village Seal)
ATTEST:
VILLAGE CLERK
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SECOND AMENDMENT TO CONTRACT FOR MOWING AND
LANDSCAPE MAINTENANCE SERVICES
THIS SECOND AMENDMENT is made as of the �'' day of April, 2013, 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 TOTAL
MAINTENANCE BUILDING SERVICES, INC., a Florida corporation, hereinafter referred to
as the CONTRACTOR.
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Mowing and
Landscape Maintenance Services dated December 13, 2007 ( "Contract ") to provide all goods
and services necessary for the mowing and landscape maintenance of VILLAGE properties as
required under the Request for Proposal issued by the VILLAGE; and
WHEREAS, the VILLAGE and CONTRACTOR subsequently executed an Amendment to the
Contract dated June 11, 2009 ( "First Amendment ") whereby the parties agreed to expand the
scope of work to include additional properties and adjusted the annual compensation
accordingly; and
WHEREAS, the Contract, as modified by the First Amendment, expired on December 13, 2012,
and the parties wish to extend the term of the Contract through September 30, 2014, retroactive
to the date of expiration.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained,
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. The VILLAGE and CONTRACTOR hereby modify Section 2 of the Contract to extend
the term through September 30, 2014, retroactive to December 13, 2012. CONTRACTOR shall
continue to perform the services specified in the Contract, as expanded by the First Amendment,
during this extended term.
3. The total annual compensation paid by the VILLAGE to CONTRACTOR shall remain at
the same rate set forth in the Contract, as modified by the First Amendment (not to exceed
$119,248.12). CONTRACTOR shall not be entitled to any increase in compensation during the
extended term.
4. All other provisions of the Contract and First Amendment, to the extent not expressly
modified herein, shall remain in full force and effect. In the event of a conflict between the
terms of the Contract, as modified by the First Amendment, and this Second Amendment, the
terms of this Second Amendment shall control.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Second Amendment as of the day and year first above written.
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CONTRACTOR:
TOTAL MMNTENANCJZ"BUILDING SERVICES, INC.
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Print Name:
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VILLAGE:
VILLAGE OF NORTH PALM BEACH, FLORIDA
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ATTEST:
BY:
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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