R25-260 RESOLUTION NO. R25-260
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2, A LIMITED-TERM
3 EXTENSION, TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON
4 BEACH AND STAR CONTROLS, INC., FOR SUPERVISORY CONTROL
5 AND DATA (SCADA) IN AN AMOUNT NOT TO EXCEED $150,000;AND
6 FOR ALL OTHER PURPOSES.
7
8
9 WHEREAS, on February 27, 2020, the City and Star Controls, Inc. ("Vendor") entered into
10 Contract No. RFQ NO. 038-2821-19/TP (the "Agreement") for Supervisory Control and Data
11 (SCADA) System Programming, Preventive Maintenance, and Repair Services approved by
12 Resolution No. R20-006 on January 21, 2020; and
13 WHEREAS, the initial expiration date of the Agreement was February 26, 2025, and all
14 renewal options available under the Agreement had been exercised. On January 7, 2025, the City
15 Commission approved a six-month extension of the Agreement, which was set to expire upon the
16 earlier of August 26, 2025, or upon execution of a new contract under the City's procurement
17 process; and
18 WHEREAS, due to the high volume of procurement demands and time required to
19 complete the City's ongoing procurement process, the City has not yet finalized the selection of
20 a new vendor.As a result, the City desires to further extend the term of the Agreement on a limited
21 basis to allow additional time for completion of the competitive solicitation process; and
22 WHEREAS, the Vendor has agreed to continue honoring the same pricing structure
23 established under the original contract, despite market increases in labor and material costs.
24 Maintaining the same rates is in the best interest of the City as it safeguards budget predictability,
25 avoids additional administrative expenses while the City prepares a new Request for Proposal, and
26 secures continuity of services with a proven vendor; 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 Amendment No. 2, a Limited Term
29 Extension, to the Agreement between the City of Boynton Beach and Star Controls, Inc., for
30 Supervisory Control and Data (SCADA) in an amount not to exceed $150,000.
31
RESOLUTION NO. R25-260
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
33 BEACH, FLORIDA, THAT:
34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve Amendment No. 2, a Limited Term Extension, to the Agreement between the City of
38 Boynton Beach and Star Controls, Inc., for Supervisory Control and Data (SCADA) in an amount
39 not to exceed $150,000 (the "Amendment"), in form and substance similar to that attached as
40 Exhibit A.
41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
42 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
43 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
44 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record
45 of the City. A copy of the fully executed Amendment shall be provided to Joshua McDermott to
46 forward to the Vendor.
47 SECTION 5. This Resolution shall take effect in accordance with the law.
48
49
50 [SIGNATURES ON THE FOLLOWING PAGE]
51
RESOLUTION NO. R25-260
52 PASSED AND ADOPTED this Ieday of ,e YY1 r 2025.
53 CITY OF BOYNTON BEACH, FLORIDA
54 YES / NO
55 Mayor- Rebecca Shelton
56 ✓
57 Vice Mayor-Woodrow L. Hay
58 ✓
59 Commissioner-Angela Cruz
60
61 Commissioner-Thomas Turkin ("
62 /
63 Commissioner-Aimee Kelley
64
65 VOTE
66 ATT
iii67
68 AEI I., �
/ A
69 Maylee •e J•.us, MPA, C ',Tecca Shelton
70 City Cle k _ gOYNToN`,71 Mayor
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72 S F ...$) APPROVED AS TO FORM:
73 (Corporate Seal) �, EAI, ?
74 • • NCCRpCR
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76 ‘‘t ZOR" • Shawna G. Lamb
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City Attorney
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LIMITED TERM EXTENSION AMENDMENT NO.2 AGREEMENT BETWEEN THE
¢‘tiCITY OF BOYNTON BEACH AND STAR CONTROLS, INC. FOR SUPERVISORY
TO0P CONTROL AND DATA (SCADA) SYSTEM PROGRAMMING, PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES
RFQ NO. 038-2821-19/TP
This Limited Term Extension Amendment No. 2 ("Amendment") is entered into by and
between the City of Boynton Beach, a Florida municipal corporation ("City"), and Star Controls,
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 initial expiration date of the Agreement was February 26, 2025, and all
renewal options available under the Agreement had been exercised. On January 7, 2025,the City
Commission approved a six-month extension of the Agreement, which was set to expire upon
the earlier of August 26, 2025, or upon execution of a new contract under the City's procurement
process.
C. Due to the high volume of procurement demands and time required to complete
the City's ongoing procurement process, the City has not yet finalized the selection of a new
vendor. As a result, the City desires to further extend the term of the Agreement on a limited
basis to allow additional time for completion of the competitive solicitation process.
The Vendor has agreed to continue honoring the same pricing structure established
under the original contract, despite market increases in labor and material costs.
Maintaining the same rates is in the best interest of the City as it safeguards budget
predictability, avoids additional administrative expenses while the City prepares a new
Request for Proposal, and secures continuity of services with a proven vendor.
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.
Limited Term Extension Amendment No. 2—Star Controls, Inc. (SCADA Services) Page 1 of 4
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 March 1, 2026, 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
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.
Limited Term Extension Amendment No.2—Star Controls, Inc. (SCADA Services) Page 2 of 4
(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
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 No. 2—Star Controls, Inc. (SCADA Services) Page 3 of 4
CITY
CITY OMIOYNTON BEACH
By -7
Rebecca Shelton, Mayor
/May of ,(mYlbe , 2023 _— --
J• • ORP R.
9•
Att �� VS. �.• S ��:a�b
City Clerk $ Eby, (7; $
•
°Ra rEo _
CITY ATTORNEY'S OFFICE to.
1920
Approved as to form and egality �(0 RIDA
By:JW/I4
VENDOR
STAR CONTROLS, INC.
By
Authorized Signer
Tzvi Magril, President
Print Name and Title
25 day of August , 20225
SRW
10.24.24
Template Limited Term Extension
Limited Term Extension Amendment No. 2—Star Controls, Inc. (SCADA Services) Page 4 of 4