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Home My WebLink AboutR26-175 RESOLUTION NO. R26-175 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE 3 AGREEMENT FOR RFQ NO. 009-2511/20RW FOR TOWN SQUARE/CITY 4 FACILITIES MAINTENANCE SERVICES BETWEEN THE CITY AND ABM 5 INDUSTRY GROUP LLC, INCREASING THE ANNUAL EXPENDITURE TO 6 $374,081.04;AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, on August 4, 2020, the City Commission approved Resolution No. R20-074 9 awarding Request for Proposal ("RFP") No. 009-2511/20RW for Town Square/City Facilities to Maintenance Services to ABM Building Solutions, LLC, and approving an Agreement between the 11 City and ABM Building Solutions, LLC; and 12 WHEREAS, on April 16, 2024, the City Commission approved Resolution No. R24-085 13 approving the First Amendment and Consent to Assignment of the Agreement, to which ABM 14 Building Solutions, LLC assigned its rights, interests, and obligations under the Agreement to ABM 15 Industry Groups, LLC ("Vendor"), and amended the Agreement removing the Scope of Work in 16 regards to HVAC maintenance and electrical systems maintenance from the Agreement, and 17 increased the monthly service fee for landscape maintenance and janitorial services; and 18 WHEREAS, on August 5, 2025, the City Commission approved Resolution No. R25-211 19 approving the Second Amendment to the Agreement, removing landscaping maintenance 20 services and renewing the Agreement through August 10, 2030; and 21 WHEREAS, the Parties desire to amend the Agreement to increase the annual expenditure 22 from $359,081.04 to $374,081.04; and 23 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 24 best interests of the City's citizens and residents to approve the Third Amendment to the 25 Agreement for RFQ No. 009-2511/20RW for Town Square/City Facilities Maintenance Services 26 between the City and ABM Industry Group LLC, increasing the annual expenditure to $374,081.04. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. RESOLUTION NO. R26-175 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve the Third Amendment to the Agreement for RFQ No. 009-2511/20RW for Town 34 Square/City Facilities Maintenance Services between the City and ABM Industry Group LLC, 35 increasing the annual expenditure to $374,081.04 (the "Amendment"), in form and substance 36 similar to that attached as Exhibit A. 37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 38 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 39 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 40 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 41 of the City. A copy of the fully executed Amendment shall be provided to Maria Rozwadowski to 42 forward to the Vendor. 43 SECTION 5. This Resolution shall take effect in accordance with the law. 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 RESOLUTION NO. R26-175 46 PASSED AND ADOPTED this 1 ( -) day of S e_'er' \C10 7-- 2026. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 Mayor— Rebecca Shelton ✓ 50 51 Vice-Mayor—Thomas Turkin ✓ 52 53 Commissioner—Angela Cruz ✓ 54 55 Commissioner— Mack McCray _i/ 56 57 Commissioner—Aimee Kelley ✓ 58 5o 59 VOTE 60 ATTEST: 61if-' 62 - _ � :3 63 Tammy Stanzio e, CMC Rebecca Shelton 64 City Clerk ��.�� Mayor 65 yoF•BOYNTv`� ��C.)e• coRpo�.•O�. APPROVED AS TO FORM: 66 67 (Corporate Seal) ; �N�� y�`�'•rrl 0 68 .jt : 19 u'i%ire •1 i 69 �� ,c%.. � : : ithA "W/26 70 tt�;(:),,•.......•��_ ' Shawna G. Lamb 71 �` City Attorney 1Y OA. G\ AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF BOYNTON o`�� BEACH AND ABM INDUSTRY GROUPS, LLC FOR TOWN SQUARE/CITY :oN"e� FACILITIES MAINTENANCE SERVICES This Third 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"), approved by Resolution No. R20-074. B. On April 16, 2024, the Parties entered into "Amendment No. 1 and Consent to Assignment of Agreement between the City of Boynton Beach and ABM Building Solutions, LLC to ABM Industry Groups, LLC for Town Square/City Facilities Maintenance Services" approved by Resolution No. R24-085. C. On August 5, 2025, the Parties entered into Amendment No. 2, approved by Resolution No. R25-211, and removed Landscape Maintenance Services from the Scope of Services and renewed the Agreement through August 10, 2030. D. The Parties desire to amend the Agreement to increase the annual expenditure from $359,081.04 to $374,081.04. 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: Annual Amount Threshold Increase. The maximum amount to be paid by the City pursuant to this Agreement is hereby increased from $359,081.04 to $374,081.04 per year, which includes $15,000.00 per year for additional services on an as-needed basis. Amendment No. 3 to Contract No. 009-2511-20/RW—ABM Industry Groups, LLC Page 1 of 3 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 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.) Amendment No. 3 to Contract No. 009-2511-20/RW—ABM Industry Groups, LLC Page 2 of 3 all of which,taken together,shall constitute one and the same agreement. (The remainder t f this page is blank)"? CITY OF BOYNTON BEACH,FLORIDA ABM INDUSTRY GROUPS,LLC (Signature)A Industry Groups,LLC t�ebe�c a She 1 A or,) r e1J Q S Pwq Print Name of Authorized Official 3 J c�. KA40Aje1— Approved as to Form: Title 1F46 Shawna G.Lamb,City Attorney (Corporate Seal) Attested/Authenticated: `1 Tammy Stanzion, City Cerk c.) BOYNT ��.•'GORP .• j, $ rS I g 1)." 4 0• / ,`��ORIDA