R25-009 1 RESOLUTION NO. R25-009
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A SIX-MONTH LIMITED TERM
5 EXTENSION AMENDMENT WITH MCKIM & CREED, INC. AND STAR
6 CONTROLS, INC. FOR SUPERVISORY CONTROL AND DATA (SCADA)
7 SYSTEM PROGRAMMING, PREVENTATIVE MAINTENANCE AND
8 REPAIR SERVICES RFQ NO. 038-2821-19/TP IN THE AMOUNT NOT TO
9 EXCEED $100,000 FOR EACH VENDOR; AND PROVIDING FOR AN
10 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
11
12 WHEREAS, on January 21, 2020, the City Commission approved and authorized the City
13 Manager to execute individual agreements with McKim & Creed, Inc. via Resolution No. R20-006
14 and with Star Controls, Inc. via Request for Qualification 038-2821-19/TP for Supervisory Control
15 and Data Acquisition ("SCADA") System Programming, Preventative Maintenance, and Repair
16 Services; and
17 WHEREAS, the initial agreement with McKim &Creed, Inc. and with Star Controls, Inc.was
18 for a two-year term, with three subsequent one-year renewals, respectively; and
19 WHEREAS, the City's Utility Department seeks approval for an additional six-month
20 extension to allow time for the solicitation process; and
21 WHEREAS, SCADA is essential for monitoring and remotely operating lift stations,
22 wellfields, and treatment plants, with continued support services being crucial to maintaining
23 system operations; and
24 WHEREAS, both vendors have agreed to extend their services for the six-month extension
25 period to ensure the smooth delivery of services to the community while maintaining cost-
26 effectiveness compliance; and
27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
28 best interests of the city's citizens and residents to approve the six-month limited term extension
29 amendments to each contract with McKim & Creed, Inc. and with Star Controls, Inc.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
,I BEACH, FLORIDA, THAT:
12 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption.
34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
35 approve the Limited Term Extension Amendment to the Agreement between the City and McKim
36 & Creed, Inc., in accordance with the criteria set forth in Resolution No. R20-006, with said
37 Amendment attached as Exhibit A.
38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
39 approve the Limited Term Extension Amendment to the Agreement between the City and Star
40 Controls, Inc. in accordance with the criteria set forth in RFQ No. 038-2821-19/TP, with said
41 Amendment attached as Exhibit B.
42 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
43 authorizes the Mayor to execute both Amendments. The Mayor is further authorized to execute
44 any ancillary documents required under the Agreement or necessary to accomplish the purposes
45 of the Amendments and this Resolution.
46 SECTION 5. The City Clerk shall retain the fully executed Amendments as a public record
47 of the City. A copy of the fully executed Agreements shall be provided to Waneya Bryant to
48 forward to the Vendors.
49 SECTION 6. This Resolution shall take effect in accordance with law.
50
51
52
53
54 [SIGNATURES ON FOLLOWING PAGE]
55
56
57 PASSED AND ADOPTED this day of ianita 2025.
58 CITY OF BOYNTON BEACH, FLORIDA
59 YES/ NO
60 Mayor-Ty Penserga ✓
61
62 Vice Mayor-Aimee Kelley
63
64 Commissioner-Angela Cruz
65
66 Commissioner-Woodrow L. Hay
67 ✓
68 Commissioner-Thomas Turkin
69 .---
70 VOTE
71 A !TES
.
72 A14111w . 701-5-
73 Mayle= De Jz us, MPA, C V •e - •a
74 City Cl rk M.
75 A"RO ED AS TO FORM:
76 (Corporate Seal)
77 TON � ap���
cd,
78 �'<t)optATfe•.yC� �� Shawna G. Lamb
79 ; O•'c?.<1 t ► City Attorney
\N 1032
Y
LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE
04._ CITY OF BOYNTON BEACH AND MCKIM & CREED, INC. FOR SUPERVISORY
~rON e�' CONTROL AND DATA (SCADA) SYSTEM PROGRAMMING, PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES
RFQ NO. 038-2821-19/TP
This Limited Term Extension Amendment ("Amendment") is entered into by and between
the City of Boynton Beach, a Florida municipal corporation ("City"), and McKim & Creed, Inc., a
Florida corporation registered to transact business in the State of Florida ("Vendor") (collectively
referred to as the "Parties").
RECITALS
A. On February 27, 2020, the Parties entered into Contract No. RFQ NO. 038-2821-
19/TP (the "Agreement") for Supervisory Control and Data (SCADA) System Programming,
Preventative Maintenance, and Repair Services.
B. The current term of the Agreement expires on February 26, 2025, and all renewal
options for the Agreement between the City and Vendor have been exercised.
C. The City is in the process of procurement and selection of a vendor and desires to
extend the Term of the Agreement on a limited basis to provide time for the issuance of a
competitive solicitation for a new contract.
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 Term of the Agreement is hereby extended on a month-to-month basis for an
additional six (6) months, expiring upon the earlier of August 26, 2025, or upon execution of a
contract under the City's procurement process.
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
Limited Term Extension Amendment—McKim & Creed, Inc. (SCADA Services) Page 1 of 4
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not contained 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 with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Public Entity Crime Act.Vendor represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act,Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Vendor further
represents that there has been no determination that it committed a"public entity crime"
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Vendor has been placed on the convicted vendor list.
(b) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(c) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(d) Entities of Foreign Concern. The provisions of this section apply only if Vendor or
any subcontractor will have access to an individual's personal identifying information
under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the
government of a foreign country of concern; (ii) the government of a foreign country of
concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized
under the laws of and does not have its principal place of business in, a foreign country
of concern. On or before the effective date of this Amendment, Vendor and any
subcontractor that will have access to personal identifying information shall submit to
City executed affidavit(s) under penalty of perjury, in a form approved by City attesting
Limited Term Extension Amendment—McKim &Creed, Inc. (SCADA Services) Page 2 of 4
that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes.
Compliance with the requirements of this section is included in the requirements of a
proper invoice for payment purposes. Terms used in this section that are not otherwise
defined in this Agreement shall have the meanings ascribed to such terms in Section
287.138, Florida Statutes.
(e) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. The effective date of this Amendment shall be the date of complete execution by the
Parties.
8. 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.)
Limited Term Extension Amendment—McKim & Creed, Inc. (SCADA Services) Page 3 of 4
CITY
CITY OF BOYNTON BEACH
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Approvis
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By: GV/n!/
VENDOR
MCKIM & CREED, INC.
By
� �Authorize�d Signer
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Print Name and title
( ' day of C r r, 202 L4
SRW
10.24.24
Template Limited Term Extension
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