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R25-211 RESOLUTION NO. R25-211 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO AN 3 AGREEMENT BETWEEN THE CITY AND ABM INDUSTRY GROUPS, LLC, 4 FOR TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES, 5 REMOVING LANDSCAPING MAINTENANCE SERVICES AND 6 RENEWING THE AGREEMENT THROUGH AUGUST 10, 2030; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS, the City and ABM Building Solutions LLC entered into Contract No. 009-2511- 10 20/RW for Town Square/City Facilities Maintenance Services (the "Agreement") approved by 11 Resolution No. R20-074 on August 4, 2020; and 12 WHEREAS, the City, ABM Building Solutions LLC, and ABM Industry Groups LLC entered 13 into a First Amendment and Consent to Assignment, approved by Resolution No. R24-085 on 14 April 16, 2024; and 15 WHEREAS, the City and ABM Industry Groups, LLC desire to amend the Agreement to 10 remove Landscape Maintenance Services for $14,810.00 per month from the Scope of Services 17 and renew the Agreement through August 10, 2030; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the City's citizens and residents to approve Amendment No. 2 to an Agreement 20 between the City and ABM Industry Groups, LLC, for Town Square/City Facilities Maintenance 21 Services, removing landscaping maintenance services and renewing the Agreement through 22 August 10, 2030. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve Amendment No. 2 to an Agreement between the City and ABM Industry Groups, LLC, for 30 Town Square/City Facilities Maintenance Services, removing landscaping maintenance services 31 and renewing the Agreement through August 10, 2020 (the "Amendment"), in form and substance RESOLUTION NO. R25-211 32 similar to that attached as Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the City Manager to execute the Amendment. The City Manager is further authorized 35 to execute any ancillary documents as may be necessary to accomplish the purpose of this 36 Resolution. 37 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 38 of the City. A copy of the fully executed Amendment shall be provided to Annalie Holmes and 39 Maria Rozwadowski to forward to ABM Industry Groups, LLC. 40 SECTION 5. This Resolution shall take effect in accordance with the law. 41 42 43 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 RESOLUTION NO. R25-211 46 PASSED AND ADOPTED this day of Jrr 2025. 47 CITY OF BOYNTON BEACH, FLORIDA 48 Yip"- NO 49 Mayor- Rebecca Shelton 50 51 Vice Mayor-Woodrow L. Hay 52 53 Commissioner-Angela Cruz / 54 ✓ 55 Commissioner-Thomas Turkin 56 57 Commissioner-Aimee Kelley 58 59 VOTE —.-70 60 ATT T: 61 ,I OA 62 63 Maylee me - is, MPA, C R ecca Shelton 64 City Clerk Mayor 65 66 itBOYNt„% APPROVED AS TO FORM: or ox 67 (Corporate Se ,h4.- J,g6 a:,`-•,;' ,0"°RgT,. 68 s � SEAL 69 i . 1N% C0 '_ 70 �I44 :• 1920TH•. Shawna G. Lamb • 71 h\ F.......• •• City Attorney N� 1. Rl,�" 4(� AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF ),, BOYNTON BEACH AND ABM INDUSTRY GROUPS,LLC, FOR A -� K TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES This Second Amendment ("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and ABM Industry Groups, LLC, a Delaware Limited Liability Company registered to transact business in the State of Florida ("Vendor")(collectively referred to as the"Parties"). RECITALS A. On August 11, 2020, the Parties entered into "Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services" (the "Agreement") for Town Square/City Facilities Maintenance Services. B. On April 16, 2024, the Parties entered into "Amendment No. 1 and Consent to Assignment of Agreement Between the City of Boynton and ABM Building Solutions, LLC, for Town Square/City Facilities Maintenance Services." C. The Parties desire to further amend the Agreement to remove Landscape Maintenance Services for $14,810.00 per month from the Scope of Services and renew the Agreement through August 10, 2030. 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: Term Extension: Pursuant to Article 2 of the Agreement, the Parties hereby exercise the first five-year renewal option. The Agreement is therefore renewed from August 11, 2025,through August 10, 2030. Removed Services: Landscape Maintenance Services of City Hall/Library, Cultural Center, Amphitheater, School House Museum, and Kapok Park& Fire Station#1 for$14,810.00 per month are hereby removed from the Agreement, effective on July 31, 2025. Amendment to Attachment"A"Scope of Services: Section 2.1.8"Landscape Maintenance"of the Scope of Services is hereby deleted in its entirety. Second Amendment to Contract No. 009-2511-20/RW Page 1 of 3 Increase in Monthly Price: The monthly price for Janitorial Services is hereby increased from $28,498.50 to $29,923.42. This price increase represents a 5% increase to comply with the state minimum and shall be effective for services provided on or after August 11,2025. 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. 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 Contract No. 009-2511-20/RW 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 ABM INDUSTRY GROUPS, LLC Daniel Dug{er,C 'Prager (Signature) M Industry Groups, LLC Print Name of Authorized Official aeat)C t MAN68 Approved as to Form: Title 42/6,4 ,2"Vt(4 Shawna G. Lamb,City Attorney (Corporate Seal) „:„-7.7,- /AZ'�•GORPOR•.� 11 o gTF'�Cn,�l E ' 0s $ i iNco :z $ %, :�• 19�OTE0: Attested/Aethenticated: . • ' r ``���ORIDA t 4 i Maylee De.1-. • 1 ity Clerk Second Amendment to Contract No. 009-2511-20/RW Page 3 of 3