R25-054 1 RESOLUTION NO. R25-054
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING FIRST AMENDMENT TO CONTRACT
5 NO. CS24-053 TO CHANGE VENDOR NAME FROM MARIO'S PAINTING
6 AND SERVICES, INC. TO MARIO'S PAINTING AND CONSTRUCTION,
INC.; AND FOR ALL OTHER PURPOSES
8
9 WHEREAS, the Commission of the City of Boynton Beach passed Resolution R25-008,
10 which authorized the Mayor to sign agreements with four primary contractors and two alternate
l contractors for the Request for Qualifications ("RFQ") No. CS24-053 for City-wide painting and
12 coating services; and
13 WHEREAS, on January 7, 2025, the City entered into an agreement with Mario's Painting
14 and Services, Inc. pursuant to Resolution R25-008; and
5 WHEREAS, Mario's Painting and Services, Inc. changed its company name to Mario's
16 Painting and Construction, Inc.; and
17 WHEREAS, all remaining terms and conditions of the January 7, 2025, Agreement shall
15 remain in full force and effect; and
19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
20 best interests of the city's citizens and residents to approve the First Amendment to the
21 Agreement in order to update and change the company name from Mario's Painting and Services,
22 Inc. to Mario's Painting and Construction, Inc.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
24 BEACH, FLORIDA, THAT:
2, SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption.
27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
28 approve the First Amendment to the January 7, 2025, Agreement in order to update and change
29 the company name from Mario's Painting and Services, Inc. to Mario's Painting and Construction,
30 Inc., in form and substance similar to that attached as Exhibit A.
31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
32 authorizes the Mayor to execute the First Amendment. The Mayor is further authorized to execute
33 any ancillary documents necessary to accomplish the purposes of this Resolution.
34 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record
35 of the City. A copy of the fully executed Amendment shall be provided to Taralyn Pratt to forward
36 to the Vendor.
37 SECTION 5. This Resolution shall take effect in accordance with law.
38
39 PASSED AND ADOPTED this r day of / / grC-h 2025.
40 CITY OF BOYNTON BEACH, FLORIDA
41 YE- NO
42 Mayor– Rebecca Shelton
43
44 Commissioner–Angela Cruz
45
46 -Eeoodrow L. Hay f
�n W
47
48 Commissioner–Thomas Turkin
49
50 Commissioner–Aimee Kelley
51
52 VOTE S---D
53 ATT'S
1/(
54
55 Is /, '. `
56 Maylee D:•sus, MPA, i C Rebecca Shelton
57 City Clerk Mayor
58 ;= t
�p`lNTON `�
59 i 8%-(1 64'1;•..A,,S APPROVED AS TO FORM:
60 (Corporate Seal) SEAL •.z
/4 v: •
o� ;INCORPORATED
61 #
62 \ 1920 � ��' A 6
63 1% • ' Shawna G. Lamb
64 �`.���FLOW'
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- City Attorney
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AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MARIO'S
PAINTING AND SERVICES, INC. FOR PREQUALIFICATION OF CONTRACTORS FOR CITYWIDE
PAINTING & COATING SERVICES
This 1sT Amendment ("Amendment") is entered into by and between the City of Boynton
Beach, a Florida municipal corporation ("City"), and Mario's Painting and Services, Inc., a
corporation registered to transact business in the State of Florida ("Vendor") (collectively
referred to as the "Parties").
RECITALS
A. On January 7, 2025, the Parties entered into Contract No. CS24-053 (the
"Agreement") for Prequalification of Contractors for Citywide Painting & Coating Services.
B. The Parties desire to amend the Agreement to change the company name for
Mario's Painting and Services, Inc. to Mario's Painting and Construction, Inc.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Agreement is hereby amended as follows:
Company Name Change. From Mario's Painting and Services, Inc. to Mario's Painting and
Construction, Inc.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
1st Amendment to Contract No.CS24-053—Mario's Painting&Construction Page 1 of 3
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The effective date of this Amendment shall be the date of complete execution by the
Parties.
7. This Amendment may be executed in multiple originals and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
151 Amendment to Contract No.CS24-053—Mario's Painting&Construction Page 2 of 3
CITY
CITY OF BOYNTON ACH
By
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City Cler 11, ��� FLOk�e'
CITY ATTORNEY'S OFFICE
Approved as to form and egality
By: 4� 1,11/41 amb
VENDOR
MARIO'S PAINTING AND CONSTRUCTION, INC.
-uthorized Signer
VP
Print Name and Title
lc( day of Fe,b , 202 S
is`Amendment to Contract No.CS24-053—Mario's Painting&Construction Page 3 of 3