R25-234 RESOLUTION NO. R25-234
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE
3 AGREEMENT BETWEEN THE CITY AND BARNEY'S PUMPS, INC. TO
4 INCREASE THE ANNUAL EXPENDITURE BY $100,000; PROVIDING AN
5 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
6
7
8 WHEREAS, on March 21, 2025, the City and Barney's Pumps, Inc. ("Vendor") entered into
9 a Sole Source Agreement for HOMA Products, OEM Parts, Services, Repairs, and Warranty for
to HOMA Pump Technologies, Inc. Pumps ("the Agreement"), approved by Resolution No. R25-102
l on April 15, 2025; and
12 WHEREAS, the Parties desire to amend the Agreement to increase the annual expenditure
13 from an amount not to exceed $400,000 to an amount not to exceed $500,000; and
14 WHEREAS, the proposed increase in the annual expenditure will allow the Utility pumping
15 stations to continue to operate efficiently, providing better service to customers; and
16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
17 best interests of the City's citizens and residents to approve Amendment No. 1 to the Agreement
18 between the City and Barney's Pumps, Inc. to increase the annual expenditure by $100,000 ("the
19 Amendment").
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve the Amendment, in form and substance similar to that attached as Exhibit A.
27 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
28 authorizes the Mayor to execute the Amendment and such other related documents as may be
29 necessary to accomplish the purpose of the Amendment and this Resolution.
30 SECTION 4. This Resolution shall take effect in accordance with the law.
31
RESOLUTION NO. R25-234
32 PASSED AND ADOPTED this c2914 day of SPc 2025.
33 CITY OF BOYNTON BEACH, FLORIDA
34 YES NO
35 Mayor- Rebecca SheltonOS2+/l --
36 /'
37 Vice Mayor-Woodrow L. Hay ✓
38 ,t/
39 Commissioner-Angela Cruz
40 .7-
41 Commissioner-Thomas Turkin
42 4 .
43 Commissioner-Aimee Kelley
44 ' I
45 VOTE Li•-t)
46 A .
4 i 48 � 4111)--'
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4)0- .....--- _/ _4' ""
49 Maylee IIe lite"5, MPA, C Rebecca Shelton
50 City Clerk Mayor
51 ,,....
52 —s3OYNTp�‘�1 APPROVED AS TO FORM:
F
53 (Corporate Seal) l� .GORP0R4; .•��l,,
54 % SEAL •7 '10
55 $ i INCORPORATED' i
,A, ge.„6
56 �'t 1920 s Shawna G. Lamb
57 ''t City Attorney
N, FCORIOP -
COBB Contract No. UTL25-023
0 V O .
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON
ttc.. r.� • u BEACH AND BARNEY'S PUMPS, INC. FOR HOMA SUBMERSIBLE PUMPS,
J.
-- PARTS AND ACCESSORIES
tir0N 0
This First Amendment("Amendment") is entered into by and between the City of Boynton
Beach, a Florida municipal corporation ("City"), and Barney's Pump, Inc., a Florida corporation
registered to transact business in the State of Florida ("Vendor") (collectively referred to as the
"Parties").
RECITALS
Whereas, the City and Barney's Pump, Inc. ("Vendor") entered into a Sole Source
Agreement for HOMA Products, OEM Parts, Services, Repairs, and Warranty for HOMA Pump
Technologies, Inc. Pumps, approved by Resolution No. R25-102 on April 15, 2025; and
Whereas, the Parties desire to amend the Sole Source Agreement, increasing the not-to-
exceed amount per year from $400,000 to $500,000; and
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:
Award Amount Threshold Increase. The maximum amount to be paid by the City pursuant to
this Agreement. The Agreement is hereby increased from $400,000.00 to $500,000.00 per
year.
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 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.
1 Amendment to Contract No. UTL25-023 Page 1 of 3
COBB Contract No. UTL25-023
5. 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.
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.)
1 Amendment to Contract No. UTL25-023 Page 2 of 3
COBB Contract No. UTL25-023
CITY
CITY OF BOYNTON BEACH
By � ,.
Rebecca Shelton, Mayo
day of ' ' L P,ic 202 ' -----0 BOY/►;'
0.1 ; •F.
i&N. .• CORPR..k
2 I1
Atte . iI9 1111 —; . �� 9'�
i,
4
/YCO4L . ,
City Clerk 1Rpo :o i
1,1 2s9
CITY ATTORNEY'S OFFICE it x>...•••••••' 1.
Approvedas to form and legality
�� R/DA
By: (L/
VENDOR
Barn: •ump, Inc.
4. i
: _ 4_ -___44......._ _____
Au .rized Signer SeoU,
4t#'-
PrintWame and Title
t day of at.,/„ k 202S
I
1 Amendment to Contract No. UTL25-023 Page 3 of 3