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R25-057 RESOLUTION NO. R25-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ZUCKER MEDIA GROUP, LLC FOR LABOR, EQUIPMENT, MARKETING, AND EVENT 7 MANAGEMENT SERVICES RELATED TO THE 2025 CITY OF BOYNTON 8 BEACH INTERNATIONAL KINETIC ART EVENT; PROVIDING AN 9 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 10 I I WHEREAS, on June 13, 2024, the City and Zucker Media Group, LLC ("Vendor") entered 12 into "Agreement Between the City of Boynton Beach and Zucker Media Group, LLC" ("the 13 Agreement")for labor, equipment, marketing, and event management services related to the 2025 14 City of Boynton Beach International Kinetic Art Event; and 15 WHEREAS, the Parties desire to amend the Agreement to increase the total not-to-exceed 16 amount from $49,999.00 to $50,678.35; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve Amendment No. 1 to the Agreement 19 Between the City and Vendor. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve the Amendment, in form and substance similar to that attached as Exhibit A. 26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 28 ancillary documents required under the Amendment or necessary to accomplish the purposes of 29 this Resolution. 30 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 31 of the City. A copy of the fully executed Amendment shall be provided to Kelly Armstead to 32 forward to the Vendor. 33 SECTION 5. This Resolution shall take effect in accordance with law. 34 •35 PASSED AND ADOPTED this 0441 day of J1101(0.1 2025. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor- Rebecca Shelton f 40 41 Commissioner-Angela Cruz 42 !; cf 43 V -Woodrow L. Hay `/ 44 r. 45 Commissioner-Thomas Turkin 46 17 47 Commissioner-Aimee Kelley 48 c-0 49 VOTE 50 ATT S 51 ,// I/ 52 1 0 __ k-- 53 Maylee ,e ;sus, MPA, ' MC Rebecca Shelton 54 City Cle Mayor 5 - tb ..TOrye,�'4 56 I k . •'?0RA'r re'..NI \ APPROVED AS TO FORM: (L F 1 57 (Corporate Seal;O;.�o cy iii 1-. S AL • 58 • U• o!r-ti i 59 .114C°3-1920 •: AZilig 60 1'i Shawna G. Lamb 61 ,�`% FLOR��P City Attorney 62 • 1 AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ZUCKER MEDIA GROUP, LLC This first Amendment("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation. with an address of 100 East Ocean Asenue, Boynton Beach. FL 33435 ("City"), and Zucker Media Group, LLC, a Florida limited liability company, with a principal address of 17226 Teton River Road, Boca Raton, FL 33496 corporation registered to transact business in the State of Florida("Vendor") (collectively referred to as the "Panics"). RECITALS A. On June 13, 2024.the Parties entered into"AGREEMENT BETWEEN THE CITY OF BOYNTON BEACII AND ZUCKER MEDIA GROUP, LLC" (the "Agreement") for labor, equipment, marketing, and event management services related to the 2025 City of Boynton Beach International Kinetic Art Event (the "Services"). B. The Parties desire to amend the Agreement to increase the total Fee amount to be paid by the City for the Services. 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 arc 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: Amendment to Section 6.A.: Fee, Section 6.A. of the Agreement is hereby amended to increase the maximum amount to be paid by City pursuant to the Agreement from $49,999.00 to $50,678.35. 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 arc 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, sshethcr oral or written. Amendment No. 1 to Agreement Between the City and Zucker Media Group, LLC Page 1 42 5. Vendor acknov.lcdges 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. IN WITNESS OF TILE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ZUCKER MEDIA GROUP, LLC Y____ __ , 1becc, .c. . e , SiNcH'vn , Mayor (Signature) Zucker Media Group, LLC LI,RLi - 2 ) ki— Print Name of Authorized Official O� /1(,A-,)4-l3 pA-ImAlt,�.__ AP oved as to F Title Ma€1/(0 (2_ eanib Shawna G. Lamb, City Attorney /70(NT04 (Corporate Seal) i�� RPORgT ,6)y. SEAL . =' - t INCORPORATED Attest/Authenticated: . Attested/Authenticated: 44 1920 1 '‘‘, �LOR\oP_" r (Signature), Witness 1 . . Mayl,c 'Jesus, City crk Print Name Amendment No. I to Agreement Between the City and Zucker Media Group, LLC Page 2 oft