R2022-82 Third Amendment to Janitorial Services ContractRESOLUTION 2022-82
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE
CONTRACT WITH AK BUILDING SERVICES, INC. FOR JANITORIAL
SERVICES TO EXTEND THE TERM THROUGH FISCAL YEAR 2023 AND
INCREASE THE COMPENSATION; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT ON BEHALF OF
THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2018-06 on January 25, 2018, the Village
Council awarded a Contract for municipal facilities janitorial services to AK Building Services, Inc.; and
WHEREAS, through the adoption of Resolution No. 2019-22 on March 14, 2019, the Village Council
executed an Amendment to the Contract to include additional space within the Community
Development Department and modify the compensation; and
WHEREAS, through the adoption of Resolution No. 2020-70 on November 12, 2020, the Village
Council executed a Second Amendment to the Contract to include additional space within the North
Palm Beach Country Club Clubhouse facility and modify the compensation; and
WHEREAS, the parties have agreed to extend the term for an additional one-year period through
Fiscal Year 2023 and modify the compensation to reflect increases in the minimum wage and the cost
of supplies; and
WHEREAS, the Village Council determines that the approval of a Third Amendment to the Contract
is in the best interests of the Village and its residents.
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 for
Municipal Janitorial Services with AK Building Services, Inc., 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 shall not exceed $184,145.44, with funds expended from Account
No. A5522-33491 (Public Works/Facilities — Contractual Services) and Account No. L8059-33491
(Country Club — Contractual Services). In approving the Third Amendment, the Village Council
waives any conflicting purchasing policies and procedures.
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repealed to the extent of such conflict.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 take effect immediately upon adoption.
PASSED AND ADOPTED THIS 22ND DAY OF SEPTEMBER, 2022.
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THIRD AMENDMENT TO CONTRACT
THIS THIRD AMENDMENT is made and entered into this 22nd day of September, 2022, 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 AK
BUILDING SERVICES, INC., a Florida corporation, hereinafter referred to as CONTRACTOR,
whose Federal I.D. is 26-3509119.
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract dated January 25, 2018
Contract”) to provide all services necessary for municipal facility janitorial services as required
under the Request for Proposals issued by the VILLAGE; and
WHEREAS, the VILLAGE and CONTRACTOR executed an Amendment to the Contract dated
March 14, 2019 to include additional space within the Community Development Department and
adjust the compensation accordingly; and
WHEREAS, the VILLAGE and CONTRACTOR executed a Second Amendment to the Contract
dated November 12, 2020 to include the North Palm Beach Country Club and adjust the
compensation accordingly; and
WHEREAS, the parties wish to again amend the Contract to extend the term for an additional one
1) year period and increase the compensation during the extended term due to an increase in the
minimum wage and the cost of supplies.
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 hereby acknowledged, the VILLAGE and CONTRACTOR agree as follows:
1. The foregoing recitals are ratified and incorporated herein.
2. Article 2 of the Contract is hereby amended to extend the term for an additional one (1)
year period through September 30, 2023.
3. The base compensation to be paid by the VILLAGE to CONTRACTOR shall increase by
eight percent (8%) from $140,693.00 to $151,984.44 and the compensation for additional services
shall increase as set forth in the pricing sheet for Additional Services effective October 1, 2022.
The total cost for the services provided by CONTRACTOR during the extended term shall not
exceed $184,145.44.
4. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are
in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
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Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
4. All other provisions of the Contract, as previously amended, shall remain in full force to
the extent not expressly modified herein.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Second Amendment as of the day and year first above written.
CONTRACTOR:
AK BUILDING SERVICES, INC.
BY:
MARK CEDAR, PRESIDENT
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY, MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
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