Reso 2023-3501 - Laserfiche WebLink

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r FIRST AMENDMENT TO THE AGREEMENT BETTY -t : THE CITY OF SUNNY ISLES BEACH AND ACADEMY BUS, LLC ' CONTRACT NO.2021-6189 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and ACADEMY BUS, LLC ("Contractoo executed this �I y of March, 2022, is made a part of the original Agreement between the patties dated May 25, 2021("the Agreement"), between the City and Contractor attached hereto as Attachment "A" whose Federal Identification 1f is 22277038. The City and Contractor hereby agree as follows: 1. EQUITABLE ADJUSTMENT, Section 4 of the original Agreement, entitled "Compensation", Is hereby amended to include subsection (g) as set forth below: (g) Equitable Adjustment. As a result of extreme or unforeseen volatility in fuel prices, the City may, in its sole discretion, permit an equitable adjustment in the compensation paid to the Contractor upon the Contractor's request, provided the following oriterle are satisfied: 1, the volatility is due to causes wholly beyond the Contractor's control, and not due to any acts or omission of Contractor; if. the volatility affects the marketplace or industry, not just the Contractor's source of supply; Ili. the effect on pricing or availability of supply is substantial (effect on pricing must exceed the Contract price by at least 10%); and iv. the volatility so affects the Contractor that continued performance of the Contract would result in substantial loss. Any adjustment shall require irrefutable written documentation submitted to the Purchasing Administrator. The maximum equitable adjustment permitted shall be a five percent (5%) fuel surcharge. The Contractor may not request, and shall not be entitled to, the fuel surcharge described herein In the event that fuel prices fall below the January 2022 diesel average of $3.72 per gallon according to the U.S. Energy information Administration, East Coast (PADD 1) Gasoline and Diesel Retail Price. 2. OMM P1itOVISIONS REMAIN IN EVnC'F, Except as specifically modified herein, all terms and conditions of the original Agreement between the parties shall remain in full force and effect. 3. CONFLICTING PROVISI NS. The terns, statements, requirements, and provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A". IN WITNESS WHEREOF, the patties hereto have executed this, document as of the date mentioned above. J ACADEMY S C BY. Signa a to t i, Vice President Print Name Academy Bus - First Amendment