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R25-153 1 RESOLUTION NO. R25-153 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE 5 AGREEMENT WITH SUNBELT EQUIPMENT, LLC, TO INCREASE THE 6 ANNUAL EXPENDITURE FROM AN AMOUNT NOT TO EXCEED $100,000 7 TO AN AMOUNT NOT TO EXCEED $200,000; PROVIDING AN EFFECTIVE 8 DATE; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, on October 1, 2024, City and Sunbelt Waste Equipment, LLC, entered into an 11 "Agreement Between the City of Boynton Beach and Sunbelt Waste Equipment, LLC, for Repair, 12 Service, and Maintenance of Heil Refuse Trucks" (the "Agreement"), approved by Resolution 24- 13 234 on October 1, 2024; and 14 WHEREAS, the Parties desire to amend the Agreement to increase the annual expenditure 15 from an amount not to exceed $100,000 to an amount not to exceed $200,000; and 16 WHEREAS,the additional funds are required for the acquisition of parts and repairs critical 17 to maintaining the operational readiness of the City's sanitation fleet; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 19 the best interests of the citizens and residents of the City of Boynton Beach to approve 20 Amendment No. 1 to the Agreement. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 SECTION 2. The City Commission hereby approves Amendment No. 1 to Agreement 28 Between the City of Boynton Beach and Sunbelt Waste Equipment, LLC, for Repair, Service, and 29 Maintenance of Heil Refuse Trucks (the "Amendment"), in form and substance similar to that 30 attached as "Exhibit A" and authorizes the Mayor to execute the Amendment. 31 SECTION 3. The fully executed Amendment shall be retained by the City Clerk as a 32 public record of the City, and a copy shall be provided to Ydelsi Rodriguez to forward to the 1 33 Assignor and Assignee. 34 SECTION 4. This Resolution shall take effect as provided by law. 35 36 PASSED AND ADOPTED thi "3 4,3 day of c INC 2025. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor— Rebecca Shelton t/ 40 41 Vice Mayor— Woodrow L. Hay 42 43 Commissioner—Angela Cruz 44 45 Commissioner—Aimee Kelley 4‘( /7'- 46 47 Commissioner— Thomas Turkin 1/ 48 49 VOTE 44`9 50 A P T: 51 54 Mayl:e 0 - esus, MP' , MMC Rebecca Shelton 55 City I• Mayor 56 .,...,,. 57 „=0F 80... 4,�N APPROVED AS TO FORM: 58 59 (Corporate Seal) ; :SEA •;=Y ' 60 i� NCORpoRATfD GZA074 x.4911 61 t$• •% '••1920.•' Shawna G. Lamb 62 `OORIDP_r City Attorney k v 0 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SUNBELT WASTE EQUIPMENT, LLC, FOR REPAIR,SERVICE,AND MAINTENANCE OF HEIL REFUSE TRUCKS This First Amendment("Amendment")is entered into by and between the City of Boynton Beach, a Florida municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435 ("City"), and Sunbelt Waste Equipment, LLC, a Florida Limited Liability Company, with a principal address of 2202 NW 22nd Street, Pompano Beach, FL 33069("Vendor") (collectively referred to as the "Parties"). RECITALS A. On October 1, 2024, the Parties entered into "AGREEMENT BEWTEEEN THE CITY OF BOYNTON BEACH AND SUNBELT WASTE EQUIPMENT, LLC, FOR REPAIR, SERVICE, AND MAINTENANCE OF HEIL REFUSE TRUCKS" (the"Agreement"). B. The Parties desire to amend the Agreement to increase the annual expenditure from an amount not to exceed $100,000.00 to an amount not to exceed $200,000.00. 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: Amendment to Section 4. FEE: Section 4 of the Agreement is hereby amended to increase the annual expenditure from an amount not to exceed "One Hundred Thousand Dollars ($100,000)"to "Two Hundred Thousand Dollars ($200,000)." 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. First Amendment to Agreement—Sunbelt Waste Equipment, LLC Page 1 of 3 IIMik IN WITNESS OF THE FOREGOING,the parties have set their hands and sealed the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA SUNBELT WASTE EQUIPMENT, LLC "4111111111K Rebecca Shelton, Mayor ignatur- ,Company J ( JeL Print Name of Authorized Official se Approved as to Form: Title )1//azda Shawna G. Lamb, City Attorney r :r."N•-.. RICHARD C.HINDES MY COMMISSION#t HH 529518 ., ;F R;1).‘" EXPIRES:June 23,2028 A t/Authenticated: Attes • • uthenticated: (Signature), Witness I 1 .4."'S% RICHARD C.HINDES Maylee rsus,'rty Cler Print Name A 18 ,�����` %'Eo;l;o,• EXPIRES:June 23,2028 �OF �YNTO ••�ORP4Z!�tll • N 1 . C�RppRATED�_ 1, :• 19 t 1� jr It • 1 Z S -- First Amendment to Agreement—Sunbelt Waste Equipment, LLC Page 3 of 3