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Home My WebLink AboutR26-176 RESOLUTION NO. R26-176 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 3 AGREEMENT FOR TRUCK REPAIR AND MAINTENANCE BETWEEN THE 4 CITY AND PETERBILT STORE SOUTH FLORIDA, LLC, INCREASING THE 5 ANNUAL NOT-TO-EXCEED EXPENDITURE TO $150,000; AND FOR ALL 6 OTHER PURPOSES. 7 8 WHEREAS, on October 15, 2024, the City Commission approved Resolution No. R24-233 9 approving the Agreement for Truck Repair and Maintenance between the City and Peterbilt Store 10 South Florida, LLC ("Vendor"), with an annual amount not to exceed 100,000; and 11 WHEREAS, the Parties desire to amend the Agreement to increase the annual not to 12 exceed expenditure from $100,000 to $150,000; and 13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the City's citizens and residents to approve the First Amendment to the 15 Agreement for Truck Repair and Maintenance between the City and Peterbilt Store South Florida, 16 LLC, increasing the annual not-to-exceed expenditure to $150,000. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve the First Amendment to the Agreement for Truck Repair and Maintenance between the 24 City and Peterbilt Store South Florida, LLC, increasing the annual not-to-exceed expenditure to 25 $150,000 (the "Amendment"), in form and substance similar to that attached as Exhibit A. 26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 28 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 29 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 30 of the City. A copy of the fully executed Amendment shall be provided to Maria Rozwadowski to 31 forward to the Vendor. RESOLUTION NO. R26-176 32 SECTION 5. This Resolution shall take effect in accordance with the law. 33 [SIGNATURES ON THE FOLLOWING PAGE] 34 RESOLUTION NO. R26-176 35 PASSED AND ADOPTED this \(p day of 90 nk--P � V10 r-2026. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 Mayor- Rebecca Shelton ✓ 39 40 Vice-Mayor-Thomas Turkin ✓ 41 42 Commissioner-Angela Cruz _AL 43 44 Commissioner- Mack McCray JZ 45 46 Commissioner-Aimee Kelley 47 48 VOTE 5-0 49 ATTEST: 50 51 /rithrl C".ZZ 52 Tammy Stanzio/e, CMC Rebecca Shelton 53 CityClerk OF 803,‘‘� Mayor 54 . �� •....... CORpO,y� ,�� 55 ; S y�2 i APPROVED AS TO FORM: 56 (Corporate Seal) "'co Jj 57I Ae,(14 ViCJ 58 �`'•. . 59 �� '�/pA"•• Shawna G. Lamb 60 City Attorney r- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON M `' y BEACH AND THE PETERBILT STORE SOUTH FLORIDA, LLC FOR REPAIR AND -"rare 1," MAINTENANCE OF PETERBILT TRUCKS This First Amendment("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and The Peterbilt Store South Florida, LLC, a corporation registered to transact business in the State of Florida ("Vendor") (collectively referred to as the "Parties"). RECITALS A. On October 1, 2024, the Parties entered into a Sole Service Agreement (the "Agreement") for the Vendor to provide replacement parts and perform warranty work on City's Peterbilt Trucks (the Services) on an as-needed basis. B. The Parties desire to amend the Agreement to increase the annual not-to-exceed expenditure from $100,000.00 to $150,000.00. 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: Annual Amount Threshold Increase.The maximum amount to be paid by City pursuant to this Agreement is hereby increased from $100,00.00 to $150,000. 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.25-10055 Page 1 of 3 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.25-10055 Page 2 of 3 CITY CITY OF BOYNTO BEACH By Rebecca Shelton, Mayor Ile day of Sp ny,r&gr2021 Attest• ,iiii/.Al LII4 441 City Clerk OFB ` ..........pO •�O CITY ATTORNEY'S OFFICE /4/ �y� 1 • Approved as to form and legality oo ` m 6 f : 9 'qT n• By: Ali)74 • VENDOR THE PET RBILT)TORE SOUTH FLORIDA LLC • By A'' gf Authorized Signer //- Print Name and Title A ■. r . LQ ea.-- Email Address 24 day of a.4."4“-/-9— , 202 0 1 Amendment to Contract No.25-10055 Page 3 of 3