HomeMy WebLinkAboutR-2026-127 Second Amendment HZIP LLC - Name Change to Bright Wheeler Group LLCRESOLUTION NO. 2026-127
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICALS TO
EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH
BRIGHT WHEELER GROUP LLC, FORMERLY KNOWN AS HZIP LLC, A
FLORIDA LIMITED LIABILITY COMPANY, TO REFLECT A CORPORATE
NAME CHANGE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City and HZIP LLC entered into an Agreement for Pier Concession
Management Services under Request for Proposals No. 24-011, which was approved by the City
Commission pursuant to Resolution No. 2024-120 (the “Agreement”); and
WHEREAS, on September 14, 2026, the HZIP agreement was amended to authorize
reimbursement for electronic payment service fees; and
WHEREAS, HZIP LLC amended its Articles of Organization to change its legal name to
Bright Wheeler Group LLC, while retaining Florida Document No. L23000413387 and Federal
Employer Identification Number 93-3224546; and
WHEREAS, the parties desire to amend the Agreement solely to reflect the Contractor’s
legal name change, as reflected in the Second Amendment to the underlying Agreement attached
and incorporated by reference into this Resolution as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed, and they
are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the execution of Second
Amendment to the Pier Concession Management Services Agreement, as HZIP LLC amended its
Articles of Organization to change its legal name to Bright Wheeler Group LLC, while retaining
Florida Document No. L23000413387 and Federal Employer Identification Number 93-
3224546, and the parties desire to amend the Agreement solely to reflect the Contractor’s legal
name change.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
RESOLUTION #2026-127
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 14, 2026.
Motion by Commissioner Lewellen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
1
SECOND AMENDMENT TO AGREEMENT
FOR PIER CONCESSION MANAGEMENT SERVICES
THIS SECOND AMENDMENT TO AGREEMENT (the “Amendment”) is made and
entered into as of the___________________, 2026 (the “Effective Date”), by and between the
CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and
BRIGHT WHEELER GROUP LLC, formerly known as HZIP LLC, a Florida limited liability
company (the “Contractor”).
RECITALS
WHEREAS, the City and HZIP LLC entered into an Agreement for Pier Concession
Management Services under Request for Proposals No. 24-011, which was approved by the City
Commission pursuant to Resolution No. 2024-120 (the “Agreement”); and
WHEREAS, HZIP LLC amended its Articles of Organization to change its legal name to
Bright Wheeler Group LLC, while retaining Florida Document No. L23000413387 and Federal
Employer Identification Number 93-3224546; and
WHEREAS, the parties desire to amend the Agreement solely to reflect the Contractor’s
legal name change.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Amendment
and other good and valuable consideration, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
1. Name Change. Effective as of the Effective Date, each reference in the Agreement to
“HZIP LLC,” “HZIP,” or the “Contractor” shall mean Bright Wheeler Group LLC,
formerly known as HZIP LLC. This Amendment reflects a legal name change only and
does not constitute or authorize an assignment, transfer, delegation, or novation of the
Agreement or any right, duty, or obligation arising under it.
2. Contractor Representations. The Contractor represents and warrants that: (a) Bright
Wheeler Group LLC is the same legal entity that entered into the Agreement as HZIP LLC;
(b) the name change did not alter the Contractor’s ownership, organizational structure,
Florida Document Number, Federal Employer Identification Number, assets, liabilities,
rights, duties, or obligations; (c) the Contractor remains authorized to transact business in
Florida and to perform the Agreement; and (d) all obligations, warranties, indemnities,
insurance requirements, and liabilities of HZIP LLC under the Agreement remain binding
upon Bright Wheeler Group LLC without interruption.
2
3. Administrative Records. The Contractor shall promptly provide the City with any updated
insurance certificates, licenses, permits, tax forms, payment records, and other vendor
documentation reasonably required to reflect its new legal name. The City’s use of the
former name in records created before the Effective Date does not affect the enforceability
of the Agreement.
4. Ratification; Conflict. Except as expressly amended by this Amendment, the Agreement
remains unchanged and in full force and effect and is ratified and confirmed by the parties.
If a conflict exists between this Amendment and the Agreement, this Amendment controls
solely with respect to the subject matter of this Amendment.
5. Defined Terms. Capitalized terms not defined in this Amendment have the meanings
assigned to them in the Agreement.
6. Counterparts; Electronic Signatures. This Amendment may be executed in counterparts,
each of which is deemed an original and all of which together constitute one instrument.
Electronic and digitally transmitted signatures shall have the same force and effect as
original signatures.
SIGNATURES ON THE FOLLOWING PAGES
3
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM
CITY MANAGER
4
CONTRACTOR:
WITNESSES: BRIGHT WHEELER GROUP LLC,
(FORMERLY HZIP LLC) a Florida limited
liability company
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on , 2026, by _______________ (name),
_______________________ (title), of Bright Wheeler Group, LLC (formerly known as HZIP
LLC), a Florida limited liability company, who is personally known to me or has produced
as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida