R2021-04 Second Amendment to Golf Course Maintenance ContractRESOLUTION 2021-04
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE
GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF
MAINTENANCE, INC. TO IMPLEMENT AN ENHANCED FOLIAR PROGRAM
FOR AN ADDITIONAL YEAR AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE SECOND 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
implement an Enhanced Foliar Program for an additional year in accordance with a proposal
submitted in response to the Village's initial Request for Proposals; and
WHEREAS, the Village Council determines that the approval of the Second 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 a Second 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
Second Amendment on behalf of the Village. The total cost for the additional work set forth in the
Amendment shall not exceed $47,845.00, 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repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 14TH DAY OF JANUARY, 2021.
(Village; Seal)
ATTEST: c
VI LAGE CLERK
T MAYOR
SECOND AMENDMENT TO CONTRACT
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4
This Second Amendment is made as of the day of 11 Gt "C , 2021, by and between
the VILLAGE OF NORTH PALM BEACH, a municipal corporation nized 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, on April 23, 2020, the VILLAGE and CONTRACTOR executed an Amendment to
the Contract ("Amendment") to incorporate additional work and extend the term of the Contract;
and
WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested
CONTRACTOR to implement an Enhanced Foliar Program for an additional year at the North
Palm Beach Country Club; and
WHEREAS, CONTRACTOR has agreed to implement the Enhanced Foliar Program in
accordance with its Proposal dated May 13, 2019, as outlined in its Scope Enhancements submitted
in response to the Village's initial Request for Proposals; and
WHEREAS, the parties have agreed to amend the Contract to incorporate this additional work.
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 implement an Enhanced Foliar Program for an additional one year
("Additional Work") as set forth in its Proposal dated May 13, 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 $47,845.00 for this Additional Work as
outlined in the CONTRACTOR's Proposal.
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4. Conflicts
In the event of a conflict between this Second Amendment and the Contract, as amended, the terms
of this Second Amendment shall control. To the extent not expressly modified herein, all other
provisions of the Contract, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
CONTRA
BRIGHT
By:
Print Name:
INC.
Title:
VILLAGE 9F NORTH PALM BE CH
BY:
S SAN BIC L,
MAYOR
ATTEST:
t
B .
S CA G
IL AGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:—�-
LEONARD G. RUBIN,
VILLAGE ATTORNEY
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