2017-57 Second Amendment to Planning Services Contract with Calvin Giordano & AssociatesRESOLUTION 2017-57
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A SECOND
AMENDMENT TO THE CONTRACT FOR PLANNING SERVICES WITH
CALVIN GIORDANO AND ASSOCIATES, INC. AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND
AMENDMENT 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
September 25, 2014, the Village entered into a Contract for Planning Services with Calvin, Giordano
and Associates, Inc. ("Contract"); and
WHEREAS, the Contract was for a term of one year, and through the adoption of Resolution No.
2015-73 on October 22, 2015, the Village Council approved an Amendment to the Contract to
extend the term through September 30, 2016; and
WHEREAS, the Village and Calvin, Giordano have agreed to execute a Second Amendment to the
Contract to once again extend the term September 30, 2019; 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 the Contract for
Planning Services with Calvin, Giordano and Associates, 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repealed to the extent of such conflict.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 l OTH DAY OF AUGUST, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERK
1
�i
SECOND AMENDMENT TO CONTRACT
This Second Amendment is made as of the day of ((J5 7L , 2017, 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
CALVIN, GIORDANO & ASSOCIATES, INC., a Florida corporation, hereinafter referred to as
the CONTRACTOR, whose Federal I.D. number is 65-0013869.
WHEREAS, in response to the VILLAGE's issuance of a Request for Proposals for
Planning Services, the VILLAGE and CONTRACTOR entered into a Contract dated September
25, 2014 for the development of an updated unified land development code ("Contract"); and
WHEREAS, Section 23 of the Contract authorizes the parties to modify the terms and
conditions set forth therein by written instrument executed by the parties; and
WHEREAS, the term of the original Contract was for a period of one-year, and on October
22, 2015, the VILLAGE and CONTRACTOR executed an Amendment to the Contract to extend
the term through September 30, 2016; and
WHEREAS, in order to allow sufficient time to complete the project, the parties wish to
extend the Contract through September 30, 2019.
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 acknowledged, the parties agree as follows:
1. The foregoing recitals are ratified as true and correct.
2. The term of the Contract, as set forth in Section 2(A), is hereby extended through
September 30, 2019, retroactive to October 1, 2016.
place:
3. Section 29 of the Contract is hereby stricken and the following substituted in its
SECTION 29. PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK(cr�,VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply
with all relevant provisions of Chapter 119, Florida Statutes. As required by Section
119.0701, Florida Statutes, CONTRACTOR shall:
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A. Keep and maintain public requires required by the VILLAGE to perform
the service.
B. Upon request from the VILLAGE's custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided
by law.
C. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Contract term and following
completion of the Contract if the CONTRACTOR does not transfer the
records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all
public records in possession of CONTRACTOR or keep and maintain
public records required by the VILLAGE to perform the services. If
CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. If CONTRACTOR keeps and maintains
public records upon completion of the Contract, CONTRACTOR shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the VILLAGE, upon request from the
VILLAGE's custodian of public records, in a format that is compatible with
the information technology systems of the VILLAGE.
4. All other provisions of the Contract, as amended, to the extent not expressly
modified herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment of the day and year first above written.
CALVIN, GIORDANO & ASSOCIATES, INC.
Print Name r, (-, �
Position: -SAv« J �C--. TSe& r o'ej
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VILLAGE OF NORTH PALM BEACH
BY: 1�j e a6s
D)4ARYL C. 4BREY, MAYOR
ATTEST:
BY:WYA�A---Z�(
MEI.,ISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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