R2021-58 Third Amendment to Golf Course Maintenance ContractRESOLUTION 2021-58
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE GOLF
COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF
MAINTENANCE, INC. TO IMPLEMENT AN ENHANCED FOLIAR PROGRAM
FOR THE FAIRWAYS AND ROUGHS FOR THE DURATION OF THE CONTRACT
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
THIRD 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, on January 14, 2021, the Village and Brightview executed a Second Amendment to the
Contract to provide for an Enhanced Foliar Program for the fairways for an additional one year; and
WHEREAS, in accordance with Article 19 of the Contract, the Village requested BrightView to
implement an Enhanced Foliar Program for both the fairways and the roughs for the duration of the
Contract; and
WHEREAS, the Village Council determines that the approval of a Third Amendment to the Contract 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 Third 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 Third
Amendment on behalf of the Village. The total cost for the additional work set forth in the Third
Amendment shall not exceed $106,000.00 annually, 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed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 8TH DAY OF JULY, 2021.
(Village Seal)
AYOR
ATTEST:
N,
��
VILLA CLERK
THIRD AMENDMENT TO CONTRACT
This Third Amendment is made as of the,�'+A—day of 2021, 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 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, on January 14, 2021, the VILLAGE and CONTRACTOR executed a Second
Amendment to the Contract ("Second Amendment") to implement an enhanced foliar program for
the fairways for an additional year; and
WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested
CONTRACTOR to implement an Enhanced Foliar Program for both the fairways and the roughs
for the duration of the Contract, and CONTRACTOR has agreed to implement this Program; 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 ("Additional Work") for the
duration of the Contract, as set forth in its Proposal entitled "NPBCC Enhancements," 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 $106,000.00 annually for the Additional
Work as outlined in the CONTRACTOR's Proposal.
Page 1 of 2
4. Conflicts
The terms of this Third Amendment supersede and replace the terms of the Second Amendment.
In the event of a conflict between this Third Amendment and the Contract, as amended, the terms
of this Third 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 T9,1
BRIGHT E
By:
Print Name:
Title:
VILLAGE OF NORTH PALM BEACH
i
BY:
DARRYL AU ,
MAYOR
ATTEST:
BY:
J SSI GREP✓N,
VTI�.IE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:, .
BY:.-= -_
LEONARD G. RUBIN,
VILLAGE ATTORNEY
C.
ft
Page 2 of 2
N PC ENHANCEMENTS riti
liotf Maintenance
1, Enhanced Foliar Program for Tees. Fairways ($47.845/yearly)— in addition to the biweekly
foliar sprays (Nitrogen, Potassium, Magnesium, iron, and Manganese), BVGM would propose to
include on enhancement program including the following enhanced inputs:
a. Wetting Agent— improve water infiltration ,and retention during months when natural
rainfall is less abundant, Wetting agent applications will also help with management of
soil salinity (salts).
b. Pigments liquid pigments provide additional calor and definition of bermudagrass
during fall and winter months when natural bermudagrass green color is lacking.
c. Plant Protectants— during fall and winter months, bermudagrass is susceptible to
various plant diseases due to its reduced growth and vigor. Preventative foliar
fungicides will be applied as needed based upon environmental conditions which favor
the development of these plant pathogens..
2. Enhanced Fertilizer Program for Rough ($58,155/yearly} -- The current rough fertility program is
6,61 Ibs. N; .59 lbs. P205; 1.92 lbs. K applied per year. The current program is applied over 5
applications per year. BVGM would propose an enhanced fertiliser program that will increase
thefertility rates per year to the rough areas to: 11.8 lbs. N; 1.19 lbs'. P205; 6.63 lbs. K. The
proposed program would be applied over 9 applications which provides a more consistent
fertilizer availability throughout the growing season: This program would also include an
additional 10 acres of additional organic fertilizers/plant protectants targeted to areas in the
rough where the current soil structure is majority sand. This program will improve the overall
turf health of the rough and help maintain better turf density during the golfing season.
North Palm Beach Golf Club BrightView Golf Maintenance, Inc.
By:
Title:
By:
Title:
Date- Date: