The URL can be used to link to this page

Home My WebLink AboutR26-161 RESOLUTION NO. R26-161 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 3 AGREEMENT BETWEEN THE CITY AND ZABATT ENGINE SERVICES, 4 INC. D/B/A ZABATT POWER SYSTEMS FOR ITB NO. UTL24-041 FOR 5 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE 6 AND REPAIR SERVICES, RENEWING THE AGREEMENT AND 7 INCREASING THE TOTAL AMOUNT PAYABLE TO AN AMOUNT NOT TO 8 EXCEED $200,000; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, on October 15, 2024, the City Commission approved Resolution No. R24-259 11 awarding Invitation to Bid ("ITB") No. UTL24-041 for Diesel/Propane Generator and Bypass Pump 12 Maintenance and Repair Services to Zabatt Engine Services, Inc., d/b/a Zabatt Power Systems 13 ("Vendor"), and approved an Agreement between the City and Vendor for an annual amount not 14 to exceed of $160,000; and 15 WHEREAS, the Parties desire to confirm the automatic renewal of the Agreement for the 16 first one-year renewal term and to increase the annual not-to-exceed amount from the per- 17 department allocations(Utilities Department$130,000.00 and Public Works—Facilities $30,000.00) 18 to a single citywide annual not-to-exceed amount of $200,000.00; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to approve the First Amendment to the 21 Agreement between the City and Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems for ITB 22 No. UTL24-041 for Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services, 23 renewing the Agreement and increasing the total amount payable to an amount not to exceed 24 $200,000. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve the First Amendment to the Agreement between the City and Zabatt Engine Services,Inc. 32 d/b/a Zabatt Power Systems for ITB No. UTL24-041 for Diesel/Propane Generator and Bypass RESOLUTION NO. R26-161 33 Pump Maintenance and Repair Services, renewing the Agreement and increasing the total amount 34 payable to an amount not to exceed $200,000 (the "Amendment"), in form and substance similar 35 to that attached as Exhibit A. 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 38 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 39 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 40 of the City. A copy of the fully executed Amendment shall be provided to Termaine Johnson to 41 forward to the Vendor. 42 SECTION 5. This Resolution shall take effect in accordance with the law. 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 RESOLUTIONIONO. R26-161 45 PASSED AND ADOPTED this C) day of S (2-0-exM Ina t' 2026. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor- Rebecca Shelton ✓ 49 50 Vice-Mayor-Thomas Turkin ✓ 51 52 Commissioner-Angela Cruz 53 54 Commissioner- Mack McCray 55 56 Commissioner-Aimee Kelley ✓ 57 58 VOTE 5-0 59 ATTEST: 60 61a2.0944442, -)R 62 Tammy Stanz ne, CMC Rebecca Shelton 63 City Clerk =pYNT Mayor 64 'O •"p'•ONS GARP Rq p•.•�. :' 65 APPROVED AS TO FORM: = ' �, 66 (Corporate Seal) ; �. SEAL 67 .INCORPORATED 68 '4,� .,•.1920 ! JacroYip/lb 69 `� FCORIOP Shawna G. Lamb 70 City Attorney AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON to c \� J BEACH AND ZABATT ENGINE SERVICES, INC. D/B/A ZABATT POWER `•4 e�P SYSTEMS FOR DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE This First Amendment("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems (FEI/EIN 59-1889271), a corporation registered to transact business in the State of Florida ("Vendor") (collectively referred to as the "Parties"). RECITALS A. On October 15, 2024, pursuant to Resolution R24-259, the Parties entered into Contract No. UTL24-041 (the "Agreement") for Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services. B. The Parties desire to confirm the automatic renewal of the Agreement for the first one-year renewal term and to increase the annual not-to-exceed amount from the per- department allocations (Utilities Department $130,000.00 and Public Works — Facilities $30,000.00) to a single citywide annual not-to-exceed amount of$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: Term Extension. The Parties acknowledge and confirm that, pursuant to Section 4 of the Agreement, the Agreement automatically renews for the first one-year Renewal Term and continues from October 16, 2026, through October 15, 2027. Following this first Renewal Term, two (2) additional one-year automatic Renewal Terms remain available under Section 4 of the Agreement,each of which will renew automatically unless a party gives written notice of non-renewal at least sixty (60) days prior to the applicable renewal date. Award Amount Threshold. Section 5.1 (Maximum Amounts) of the Agreement is hereby amended to delete the $160,000.00 annual not-to-exceed amount and the per-department not-to-exceed allocation table (Utilities Department $130,000.00; Public Works — Facilities 1 Amendment to Contract No.UTL24-041 Zabatt Engine Services,Inc.—Diesel/Propane Generator&Bypass Pump Page 1 of 3 $30,000.00) in their entirety, and to replace them with a single citywide annual not-to-exceed amount of$200,000.00 applicable across all City departments. 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. 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 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 287.133, 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 Equipment. 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. 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. 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.UTL24-041 Zabatt Engine Services,Inc.—Diesel/Propane Generator&Bypass Pump Page 2 of 3 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and year last set forth below. CITY OF BOYNTON BEACH, FLORIDA ZABATT ENGINE SERVICES, INC. D/B/A ZABATT POWER SYSTEMS /1(),L7fee Rebecca Shelton, Mayor (Signature) Zabatt Enkgtrfe Services, Inc. dba Zabatt Power Systems Zi day of. ,,p � r2026 �' J. Michael Sabatier Print Name of Authorized Official President Title 13 day of August , 2026 Approved as to Form: rn4•776 Shawna G. Lamb, City Attorney (Corporate Se?il} Attest/Authenticated: Attested/Authenticated: - 7lf,Li.C., . I (Si turecness /� (J Tammy Stan • ne, City Cl&k.) Print Name pyNTON Off:OPORgT . C<9 e4- SEAL'• 111 INCORPDRO ED; 192 ‘‘y41 •FLORA 1 Amendment to Contract No.UTL24-041 Zabatt Engine Services,Inc.—Diesel/Propane Generator&Bypass Pump Page 3 of 3