R25-191 1 RESOLUTION NO. R25-191
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO PIGGYBACK
5 AGREEMENT WITH W.W. GRAINGER, INC., TO INCREASE THE ANNUAL
6 EXPENDITURE FROM $120,000.00 TO $190,000.00; PROVIDING AN
7 EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, on November 20, 2024, the City and W.W. Grainger, Inc. ("Vendor"), entered
10 into Contract No. 240078-01 (the "Agreement") for Maintenance Repair and Operations (MRO)
11 Supplies, Parts, Equipment, Materials, and Related Services; and
12 WHEREAS,the Parties desire to amend the Agreement to increase the annual expenditure
13 from an amount not to exceed $120,000.00 to an amount not to exceed $190,000.00; and
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
15 the best interests of the citizens and residents of the City of Boynton to approve Amendment No.
16 1 to Piggyback Agreement with W.W. Grainger, Inc. to increase the annual expenditure from an
17 amount not to exceed $120,000.00 to an amount not to exceed $190,000.00.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
19 BEACH, FLORIDA, THAT:
20
21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 SECTION 2. The City Commission hereby approves Amendment No. 1 to Piggyback
25 Agreement with W.W. Grainger, Inc. to increase the annual expenditure from an amount not to
26 exceed $120,000.00 to an amount not to exceed $190,000.00., in form and substance similar to
27 that attached as "Exhibit A" and authorizes the City Manager to execute the Amendment.
28 SECTION 3. The fully executed Amendment shall be retained by the City Clerk as a
29 public record of the City, and a copy shall be provided to Taralyn Pratt to forward to the Vendor.
30 SECTION 4. This Resolution shall take effect as provided by law.
31
32
-44
33 PASSED AND ADOPTED this /S day of )t-1 1u 2025.
J
34 CITY OF BOYNTON BEACH, FLORIDA
35 Y NO
36 Mayor— Rebecca Shelton
37
38 Vice Mayor— Woodrow L. Hay
39
40 Commissioner— Angela Cruz
41
i.
42 Commissioner—Aimee Kelley
43
44 Commissioner— Thomas Turkin
45
46 VOTE 7-0
47 ATTEST:
48 /`
49
50 1 o? in-
51 Maylee e,/ esus, MPA,)/1/MC Rebecca Shelton
52 City CI rk Mayor
_
53 �..---,s(NTON 1
54 % pF 00poRAte�4. It APPROVED AS TO FORM:
55 fi �. SEAL y '•
56 (Corporate Seal; "..
57 id, :"INCORPORATED!1 , Ali446
Q/h
58 1�` • Shawna G. Lamb
,`‘ FLOR\OP=
59 ... City Attorney
G,YY oa
( P
AMENDMENT NO. I TO PIGGYBACK AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND W.W. GRAINGER,INC.
�
~"rot, cL
This first Amendment("Amendment")is entered into by and between the City of Boynton
Beach,a Florida municipal corporation("City"), and W.W. Grainger, Inc., an Illinois corporation
registered to transact business in the State of Florida ("Vendor") (collectively referred to as the
"Parties").
RECITALS
A. On November 20, 2024, the Parties entered into Contract No. 240078-01 for
Maintenance Repair and Operations (MRO) Supplies, Parts, Equipment, Materials, and Related
Services.
B. The Parties desire to amend the Agreement to increase the annual expenditure from
an amount not to exceed$120,000.00 to an amount not to exceed$190,000.00.
Now,therefore, in consideration of the mutual terms and conditions, promises,covenants,
and payments hereinafter set forth,City and Vendor agree as follows:
I. 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 3. CONTRACT TERMS: The last sentence of Section 3 is hereby
deleted and replaced with the following language:
"The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement
for the Services in an amount not to exceed One Hundred Ninety Thousand Dollars
($190,000.00)per year."
3. 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 included 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 Contract No. 240078-01 Page 1 of 3
4. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City concerning any of the matters covered by the
Agreement.
5. The following new sections are added to the Agreement as follows:
(a) Public Entity Crime Act.Vendor represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133,Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Vendor further
represents that there has been no determination that it committed a"public entity crime"as
defined by Section 287.1 33,Florida Statutes,and that it has not been formally charged with
committing an act defined as a "public entity crime" regardless of the amount of money
involved or whether Vendor has been placed on the convicted vendor list.
(b) Prohibited Telecommunications Eauinment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential component
of any system,or as critical technology as part of any system,as such terms are used in 48
CFR §§ 52.204-24 through 52.204-26.Vendor represents and certifies that Vendor and all
subcontractors shall not provide or use such covered telecommunications equipment,
system,or services during the duration of the term of 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)
First Amendment to Contract No.240078-01 Page 2 of 3
CITY
CITY OF BOYNTON BEACH
By
/Daniel Dugger,iCity_fteg/Slayyof , • .oF�oYNr(>11�
Attes . ; �, S'E :°',
City Clerk i : NCR ._
L i RATED:
CITY ATTORNE OFFICE
1111 1,.., 920.�
Approved to form an 11011.tY k`�� FORION
By: au`f • amh
w.W. GRAINGER INC.
By
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Authorized Signer nn i
Ftt r�
t61.6•)0.4(1. Niski Sint;
Print Name aid Title
110 day of iZi t, ,202
First Amendment to Contract No.240078-01 Page 3 of 3