Reso 2025-3816 - Laserfiche WebLink

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This Phat Amendment to the Agreement between the CITY QF SUNNY ISLES BEACH ("City") and ACADEMY BUS, LLC evoatraotoe) executed this '"day of March, 2022, is made a part ofthe original Apeement between the parties dated May 25, 2021("the Agreement"), between the City and Contractor attached hereto as Attachment "A" whose Federal identification # is 22277038. The City and Contractor hereby agree as follows: 1. Section 4 of the original Agreement, entitled "Compensation", Is hereby amended to include subsection (g) as set forth below. (g) Uitable A&stment. As a result of extreme or unforeseen volatility In fact prices, the City may, in Its We discretion, permit an equitable adjustment in the compensation paid to the Contractor upon the Contractor's request, provided the following odteria are satisfied: i, the volatility is due to causes wholly beyond the Contractor's control, and not due to any acts or omission of Contractor; ii. the volatility affects the marketplace or Industry, not just the Contractor's source ofsupply, iii. the afti, 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 (5a/a) fuel surcharge. The Contractor may not request, and shall not be entitled to, the Biel surcharge doscrlbed herein In the event that fuel prices fall below the himery 2022 diesel average of $3.72 per Balton according to the U.S. Energy information Administration, Bast Coast (PADD 1) Gasoline and Diesel Retail Price. 2. OTHER MQyj(MM REMAIN IN Eli'1lEC L Except as specifically modified herein, all terms and conditions of the original Agreement between the patties shall remain In full force and effect. 3. CONFLiCIiNG PRVVISIONS. The terms, statemonts, 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 WI MOV. the parties hereto have executed thist document as of the date mentioned above. I RM.- -1-V Signa a PrintName Academy Bus . First Amendment