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R25-175 1 RESOLUTION NO. R25-175 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO AGREEMENT 5 BETWEEN THE CITY OF BOYNTON BEACH AND SOUTH FLORIDA 6 EMERGENCY VEHICLES, LLC, FOR REPAIR AND MAINTENANCE OF 7 SUTPHEN FIRE TRUCKS; TO INCREASE THE ANNUAL EXPENDITURE 8 FROM AN AMOUNT NOT TO EXCEED $200,000 TO AN AMOUNT NOT TO 9 EXCEED$300,000;PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER 10 PURPOSES. 11 12 WHEREAS, on October 1, 2024, the City and South Florida Emergency Vehicles, LLC 13 entered into "Agreement Between the City of Boynton Beach and South Florida Emergency 14 Vehicles, LLC, for Repair and Maintenance of Sutphen Fire Trucks" (the "Agreement"), approved 15 by Resolution 24-232 on October 1, 2024; and 16 WHEREAS, on March 18, 2025,the Parties entered into "Amendment No. 1 to Agreement 17 between the City of Boynton Beach and South Florida Emergency Vehicles, LLC for Repair and 18 Maintenance of Sutphen Fire Trucks"(the"First Amendment")to increase the annual expenditure 19 from an amount not to exceed $100,000 to an amount not to exceed $200,000, approved by 20 Resolution 25-076 on March 18, 2025; and 21 WHEREAS, the Parties desire to further amend the Agreement to increase the annual 22 expenditure from an amount not to exceed $200,000 to an amount not to exceed $300,000; and 23 WHEREAS, the additional funds are required due to an increase in repair needs for fire 24 trucks and rescue units, as well as rising costs of parts and services; and 25 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 26 the best interests of the citizens and residents of the City of Boynton Beach to approve 27 Amendment No. 2 to the Agreement. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 SECTION 2. The City Commission hereby approves Amendment No. 2 to Agreement 35 Between the City of Boynton Beach and South Florida Emergency Vehicles, LLC, for Repair and 36 Maintenance of Sutphen Fire Trucks (the "Amendment"), in form and substance similar to that 37 attached as "Exhibit A". 38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute 40 any ancillary documents required under the Amendment or necessary to accomplish the 41 purposes of this Resolution. 42 SECTION 4. The fully executed Amendment shall be retained by the City Clerk as a 43 public record of the City, and a copy shall be provided to Ydelsi Rodriguez to forward to the 44 Assignor and Assignee. 45 SECTION 5. This Resolution shall take effect as provided by law. 46 47 48 49 50 [Signatures on following page] 51 52 53 54 55 56 57 58 59 60 61 62 63 PASSED AND ADOPTED this tday of '. LLLu 2025. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 l - 67 Mayor— Rebecca Shelton 68 69 Vice Mayor— Woodrow L. Hay 70 V- 71 71 Commissioner— Angela Cruz 72 V 73 Commissioner— Aimee Kelley 74 V 75 Commissioner— Thomas Turkin 76 77 itTE 78 ATTEST: 7 88L11100.0.10-- 81 l Q -- ----- 82 Maylie OJesUs, M�A, MMC Rebecca Shelton 83 City Cle Mayor 84 -•% 85 pF gOYNT�iI `^ APPROVED AS TO FORM: • pRPOq � -a : G qp . C�; 86 ; ;' F';C 87 (Corporate Seal) J.UNSEAL • _c h�b 88 RATED ` AO gn . 1920 89 4tShawna G. Lamb 90 1‘`e FORIDP r, City Attorney q�qv -5---?---\ t: AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF ? BOYNTON BEACH AND SOUTH FLORIDA EMERGENCY --.: <' VEHICLES,LLC FOR REPAIR AND MAINTENANCE OF SUTPHEN FIRE TRUCKS This Second 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 South Florida Emergency Vehicles, LLC, a Florida Limited Liability Company,with a business address of 4655 Cummins Ct.,Fort Myers,FL 33905 ("Vendor")(collectively referred to as the"Parties"). RECITALS A. On October 1, 2024, the Parties entered into "AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOUTH FLORIDA EMERGENCY VEHICLES,LLC FOR REPAIR AND MAINTENANCE OF SUTPHEN FIRE TRUCKS"(the"Agreement"). B. On March 18, 2025, the Parties entered into "AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOUTH FLORIDA EMERGENCY VEHICLES, LLC FOR REPAIR AND MAINTENANCE OF SUTPHEN FIRE TRUCKS" (the "First Amendment"). C. The Parties desire to further amend the Agreement to increase the annual expenditure from an amount not to exceed $200,000.00 to an amount not to exceed$300,000.00. 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 "Two Hundred Thousand Dollars ($200,000.00)" to "Three Hundred Thousand Dollars ($300,000.00)." 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 Second Amendment to Agreement—South Florida Emergency Vehicles, LLC Page 1 of 3 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. 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.) Second Amendment to Agreement—South Florida Emergency Vehicles, LLC Page 2 of 3 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 SOUTH FLORIDA EMERGENCY VEHICLES, LLC 40110017( Rebecca Shelton, Mayor (Signature), Company Print Name of Authorized Official Approved as to Form: Title Ana k. Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (Signature), Witness If /,l 4111er <-5 -67 IAA. 45Clz\I Maylei esus, City perk Print Name io.4 ;��NFSgE2PYOONL ":6 of 0 C_5 cR � T ORID Second Amendment to Agreement— South Florida Emergency Vehicles, LLC Page 3 of 3