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Home My WebLink AboutR26-174 RESOLUTION NO. R26-174 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE 3 PIGGYBACK AGREEMENT FOR ELEVATOR, ESCALATOR, AND 4 WALKWAY MAINTENANCE AND MODERNIZATION SERVICES, 5 INSPECTION, SERVICES, AND RELATED SOLUTIONS BETWEEN THE 6 CITY AND KONE, INC., INCREASING THE ANNUAL NOT-TO-EXCEED 7 AMOUNT TO $200,000;AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, on February 4, 2025, the City Commission approved Resolution No. R25-031 10 approving the Piggyback Agreement for Elevator, Escalator, and Walkway Maintenance and 11 Modernization Services, Inspection, Services, and Related Solutions in an amount not to exceed 12 $100,000 annually ("Agreement") between the City and Kone, Inc., ("Vendor"); and 13 WHEREAS, on July 15, 2025, the City Commission approved Resolution No. R25-193 14 approving the First Amendment to the Agreement approving a one-time expenditure in an 15 amount not to exceed $1,220,000 for the elevator replacement projects at the Schoolhouse 16 Children's Museum, West Water Plant, and Utilities Operations Building; and 17 WHEREAS, the Parties desire to amend the Agreement to increase the annual not-to- 18 exceed amount from $100,000 to $200,000; 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 Second Amendment to the 21 Piggyback Agreement for Elevator, Escalator, and Walkway Maintenance and Modernization 22 Services, Inspection, Services, and Related Solutions between the City and Kone, Inc., increasing 23 the annual not-to-exceed amount to $200,000. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve the Second Amendment to the Piggyback Agreement for Elevator, Escalator, and 31 Walkway Maintenance and Modernization Services, Inspection, Services, and Related Solutions RESOLUTION NO. R26-174 32 between the City and Kone, Inc., increasing the annual not-to-exceed amount to $200,000 (the 33 "Amendment"), in form and substance similar to that attached as Exhibit A. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 36 ancillary documents as may be necessary to accomplish the purpose of this 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 Maria Rozwadowski to 39 forward to the Vendor. 40 SECTION 5. This Resolution shall take effect in accordance with the law. 41 [SIGNATURES ON THE FOLLOWING PAGE] 42 RESOLUTION NO. R26-174 43 PASSED AND ADOPTED this ` (p day of .NM boar 2026. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor- Rebecca Shelton ✓ 47 48 Vice-Mayor-Thomas Turkin 49 50 Commissioner-Angela Cruz 51 52 Commissioner- Mack McCray e/ 53 ✓ 54 Commissioner-Aimee Kelley 55 56 VOTE 6-o 57 ATTEST: 58 � 59 alk dr.4'A /AA. �1.•A Cn,_ 60 Tammy Stanzi• e, CMC ebecca Shelton 61 City Clerk Mayor 62 � •80YNT�y11 63 coRPoRaT,,� APPROVED AS TO FORM: 64 (Corporate Self-'1 t, A• 65 $ :INCO l• .2 iA1104 66 • S j g�TEDM /776 •, 67 •' Shawna G. Lamb l •,(_ ••••.••. i 68 1�`��oRIDA = City Attorney Docusign Envelope ID:95254801-4E62-8260-8278-B1CC5850B1 E2 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON o BEACH AND KONE, INC. FOR ELEVATOR, ESCALATOR, AND WALKWAY 4TN'0MAINTENANCE AND MODERNIZATION SERVICES AND RELATED SOLUTIONS This Second Amendment ("Second Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and Kone, Inc., a State of Missouri corporation registered to transact business in the State of Florida ("Vendor") (collectively referred to as the "Parties"). RECITALS A. On February 4, 2025, the Parties entered into Contract No. 25-066PB (the "Agreement") for Elevator, Escalator, and Walkway Maintenance and Modernization Services, Inspection Services, and Related Solutions; and B. On July 15, 2025, the Parties entered into Amendment No. 1 authorizing a one- time expenditure in an amount not to exceed $1,220,000.00 for the replacement of three elevators; and C. The Parties desire to amend the Agreement to increase the annual not-to-exceed amount for maintenance, inspection, and repair Services from $100,000.00 to $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 Second 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: Annual Not-to-Exceed Amount. Section 3 (Contract Terms) of the Agreement is hereby amended to increase the not-to-exceed amount the City shall pay Vendor for the Services from One Hundred Thousand and 00/100 Dollars ($100,000.00) per year to Two Hundred Thousand and 00/100 Dollars ($200,000.00) per year. 4. In the event of any conflict or ambiguity between this Second Amendment and the Agreement, the Parties agree that this Second Amendment shall control. The Agreement, as amended herein by this Second Amendment, incorporates and includes all prior negotiations, Amendment No.2 to Contract No.25-066PB Page 1 of 3 Docusign Envelope ID:95254801-4E62-8260-8278-B1CC5850B1 E2 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 Second 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 Second 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 Second Amendment shall be the date of complete execution by the Parties. 7. This Second 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.) Amendment No.2 to Contract No.25-066PB Page 2 of 3 Docusign Envelope ID:95254801-4E62-8260-8278-B1 CC5850B1 E2 CITY OF BOYNTON BEACH, FLORIDA KONE, INC. n , —DocuSiyned by: --rr�./ —F(:Fl:1 tf1f7f1RAAd7o Rebecca Shelton, Mayor (Signature) Andy Montross Print Name of Authorized Official KONE inc. Manager, Service Sales Approved as to Form: Title tiln‘ 6 Shawna G. Lamb, City Attorney (Corporate Seal) Attested/Authenticated: n ,!//,V//'' OA Corn 2 Cak A Tammy Stanz'e ne, City Clei k.) ofBOyn i �y • GORP•• 0 (-).• I'• • • ORcm 2 ,1 i /"co , 0 J9 , 7e Z. 1%�R/DA Amendment No.2 to Contract No.25-066PB Page 3 of 3