R2020-34 Amendment to Golf Course Maintenance AgreementRESOLUTION 2020-34
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO
THE GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW
GOLF MAINTENANCE, INC. TO INCLUDE BUNKER REPAIR AND POND
REMEDIATION WORK, PROVIDE FOR A PAYMENT SCHEDULE FOR
THE ADDITIONAL WORK AND EXTEND THE CONTRACT TERM BY
ONE YEAR; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 23, 2019, the Village entered into a Contract for Golf Course Maintenance
Services with BrightView Golf Maintenance, Inc. ("BrightView"); and
WHEREAS, in accordance with Article 19 of the Contract, the Village requested BrightView to
perform additional bunker repair and pond remediation work at the Golf Course; and
WHEREAS, BrightView has agreed to perform the additional work, and the parties wish to amend
the Contract to incorporate the additional work, provide payment terms for the additional work, and
extend the Contract for an additional one-year period subject to an adjustment in compensation based
on changes to indexes published by the United States Bureau of Labor Statistics; and
WHEREAS, the Village Council determines that the approval of the Amendment to the Contract,
including any waiver the Village's 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 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
BrightView Golf Maintenance, Inc. for the Golf Course Maintenance Services, a copy of which
is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to
execute the Amendment on behalf of the Village. The total cost for the additional work set forth
in the Amendment shall not exceed $300,000 (including $4,125.20 in contingency), with funds
expended from Account No. L8045-33491 (Golf Course Maintenance — Contractual Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
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Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 23' DAY OF APRIL, 2020.
(Village Seal)
ATTEST:
*..
A -1s
MAYOR
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AMENDMENT TO CONTRACT
r
This Amendment is made as of the r�'�day of , 2020, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal c oration organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and BRIGHTVIEW
GOLF MAINTENANCE, INC., a California corporation authorized to do business in the State of
Florida, hereinafter referred to as CONTRACTOR, whose Federal I.D. is 95-2999239.
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Golf Course
Maintenance Services dated May 23, 2019 ("Contract"); and
WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested
CONTRACTOR to perform additional bunker repair and pond remediation work at the North Palm
Beach Country Club Golf Course ("Additional Work"); and
WHEREAS, CONTRACTOR has agreed to perform the Additional Work at a total cost of
$295,894.80, as outlined in its Proposal dated December 10, 2019; and
WHEREAS, the parties have agreed to amend the Contract to: (1) incorporate the Additional
Work into the Contract; (2) provide payment terms for the Additional Work; and (3) extend the
Contract for an additional one-year period, subject to an adjustment in compensation based on
changes to the Employment Cost Index and the Consumer Price Index published by the United
States Bureau of Labor Statistics.
NOW, THEREFORE, in consideration of the mutual obligations set forth herein and the Contract,
as amended, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree to amend the Contract as follows:
1. Recitals
The foregoing recitals are ratified as true and correct and are incorporated herein.
2. Additional Work
CONTRACTOR shall perform all of the bunker repair work and the pond remediation work for
Holes 9 and 18 ("Additional Work") as set forth in its Proposal dated December 10, 2019, a copy
of which is attached hereto and incorporated herein by reference. CONTRACTOR shall perform
the Additional Work to that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its vocation practicing in the same or similar locality at
the time such services are performed
3. Cost of Additional Work
The VILLAGE shall pay CONTRACTOR the sum of $295,894.80 for the Additional Work,
payable as follows:
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A. $30,000 payable upon CONTRACTOR's commencement of the Additional Work;
B. $30,000 payable on October 10, 2020; and
C. An increase in the monthly Golf Course maintenance payment by $6,666.66 from October
1, 2020 through September 30, 2023 (provided that the last payment on September 1, 2023
shall be adjusted to reflect the actual amount that remains outstanding).
4. Extension of Contract Term
A. The parties hereby agree to amend Article 2.A of the Contract to extend the term by one
year, from October 1, 2022 through September 30, 2023 ("Fiscal Year 2023"), subject to
the two additional one-year renewals upon mutual agreement of both parties at the same
rate of compensation for Fiscal Year 2023, unless earlier terminated in accordance with
Article 8.
B. The total annual compensation for Fiscal Year 2023 shall be adjusted by the weighted
average of the changes to the following indexes published by the United States Bureau of
Labor Statistics:
(1) The percentage change in the Consumer Price Index for all Urban Consumers (CPI-
(); U.S. City Average (all items, not seasonally adjusted) from August 2021 to
August 2022 (25%); and
(2) The percentage change in the Employment Cost Index for Total Compensation (not
seasonally adjusted) for private industry workers in service providing industries
from August 2021 to August 2022 (75%).
Notwithstanding the foregoing, the maximum adjustment for Fiscal Year 2023 shall not
exceed five percent (5%). In the event that either the Consumer Price Index or the
Employment Cost Index is not available, a reliable governmental or other nonpartisan
publication, evaluating the information for use in determining the Consumer Price Index
and/or Employment Cost Index, shall be used.
C. If the VILLAGE terminates the Contract prior to the expiration date, the VILLAGE shall
pay CONTRACTOR all remaining monies owed for the Additional Work that has been
completed by CONTRACTOR to the VILLAGE's satisfaction.
5. Conflicts
In the event of a conflict between this Amendment and the Contract, the terms of this Amendment
shall control. To the extent not expressly modified herein, all other provisions of the Contract
shall remain in full force and effect.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
CONTRA TOR:
BRIGHT GOLF A NANCE, INC.
By:
Print Name:��
Title: J -L
VILLAGE OF NORTH PALM BEACH
BY:
S SAN BICKEL,
MAYOR
ATTEST:
JES '' A GREEN,
VI L GE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
LEONARD G. RUBIN,
VILLAGE ATTORNEY
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