R25-154 1 RESOLUTION NO. R25-154
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE PIGGYBACK
5 AGREEMENT WITH EXTREME NETWORKS, INC., TO INCREASE THE
6 ANNUAL EXPENDITURE FROM AN AMOUNT NOT TO EXCEED $200,000
7 TO AN AMOUNT NOT TO EXCEED $600,000; PROVIDING AN EFFECTIVE
8 DATE; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, on October 15, 2024, City and Extreme Networks, Inc., entered into a
11 "Piggyback Agreement Between the City of Boynton Beach and Extreme Networks, Inc." (the
12 "Agreement") for Data Communications Products& Services, approved by Resolution 24-262 on
13 October 15, 2024; and
14 WHEREAS, the Parties desire to amend the Agreement to increase the annual
15 expenditure from an amount not to exceed $200,000 to an amount not to exceed $600,000; and
16 WHEREAS, the additional funds are required to implement a network infrastructure
17 replacement cycle of three (3) years, replacing aging network equipment, licensing, and
18 professional services; and
19 WHEREAS, Extreme Networks, Inc. ("Vendor") utilizes authorized resellers, and STEP CG,
20 LLC ("Reseller") is listed as a value-added partner under the Master Agreement; and
21 WHEREAS, the City desires to obtain Data Communications Products & Services on an
22 as-needed basis from the Reseller; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
24 the best interests of the citizens and residents of the City of Boynton Beach to approve
25 Amendment No. 1 to the Piggyback Agreement between the City of Boynton Beach and Extreme
26 Networks, Inc. and authorize the purchase of Data Communications Products & Services from
27 Reseller on an as-needed basis.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
29 BEACH, FLORIDA, THAT:
30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 SECTION 2. The City Commission hereby approves Amendment No. 1 to Piggyback
34 Agreement Between the City of Boynton Beach and Extreme Networks, Inc. (the "Amendment"),
35 in form and substance similar to that attached as "Exhibit A" and authorizes the Mayor to
36 execute the Amendment.
37 SECTION 3. The fully executed Amendment shall be retained by the City Clerk as a
38 public record of the City, and a copy shall be provided to Charles Stevens to forward to the
39 Assignor and Assignee.
40 SECTION 4. This Resolution shall take effect as provided by law.
41 22
42 PASSED AND ADOPTED thi53 day of Jo 2025.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45
46 Mayor— Rebecca Shelton
47
48 Vice Mayor— Woodrow L. Hay
49
50 Commissioner—Angela Cruz
51
52 Commissioner—Aimee Kelley 'A't''ck--
53
54 Commissioner— Thomas Turkin
55 Tf
56 VOTE ,` —C)
57 ANTES
Vt
60 Maylee D• _sus, MPA, Rebecca Shelton
61 City Cler s 'BOY NTp���, Mayor
62 �• coRPOR�rF• V0
63 f v SEAL :_�, APPROVED AS TO FORM:
64 ORPORATED:
65 (Corporate Seal)
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66 %riIONr'
67 Shawna G. Lamb
68 City Attorney
Docusign Envelope ID:923EF712-C81 B-402C-BCCB-9B5E94B23589
AMENDMENT NO. 1 TO PIGGYBACK AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND EXTREME NETWORKS,
INC.
This First Amendment("Amendment")is entered into by and between the City of Boynton
Beach, a Florida municipal corporation ("City"), and Extreme Networks, Inc., a corporation
registered to transact business in the State of Florida ("Vendor") (collectively referred to as the
"Parties").
RECITALS
A. On October 15, 2024, the Parties entered into "Piggyback Agreement Between the
City of Boynton Beach and Extreme Networks,Inc."(the"Agreement")for Data Communications
Products & Services.
B. The Parties desire to amend the Agreement to increase the annual expenditure from
an amount not to exceed $200,000.00 to an amount not to exceed $600,000.00.
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:
Amendment to Section 3. CONTRACT TERMS: The last sentence of Section 3 is hereby
deleted and replaced with the following language:
"The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement
for the Services in an amount not to exceed $600,000.00 per year."
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 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.
First Amendment to Piggyback Agreement—Extreme Networks, Inc. Page 1 of 3
Docusign Envelope ID:923EF712-C81 B-402C-BCCB-9B5E94B23589
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) 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.
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.)
First Amendment to Piggyback Agreement—Extreme Networks, Inc. Page 2 of 3
Docusign Envelope ID:923EF712-C81 B-402C-BCCB-9B5E94B23589
IN WITNESS OF THE FOREGOING, the parties have set their hands and sealed the
day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA EXTREME NETWORKS, INC.
4------ 3o brasAS
Rebecca Shelton, Mayor (Signature) Extreme Networks, Inc.
John Brams
Print Name of Authorized Official
Senior Vice President of America's Sales
Approved as to Form: Title
GCGImt oiCen6
Shawna G. Lamb, City Attorney (Corporate Seal)
Attest/Authenticated:
Att: - . Authenticated:
1 (Signature), Witness
LAt
Mayle: D •sus, City Cl, k Print Name
oN .•,itPORgp••.•'�%k1
�: SEAL51,
, ; INCORPORATED; f
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First Amendment to Piggyback Agreement—Extreme Networks, Inc. Page 3 of 3