R19-135 1 RESOLUTION NO. R19-135
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING UTILIZING THE STATE OF FLORIDA COMPUTER
5 EQUIPMENT, PERIPHERALS & SERVICES CONTRACT NO.
6 43211500-WSCA-15-ACS AND ADDENDUM NO. 1 THERETO IN
7 THE AMOUNT OF $35,430.30; AUTHORIZING THE CITY
8 MANAGER TO SIGN AN AGREEMENT WITH TRANSOURCE
9 SERVICES CORPORATION; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS,the I.T.S. Department has budgeted funds in the 2019/2020 fiscal budget
14 to purchase Datrium ControlShift SaaS software to automate the controlled fail-over and fail-
15 back of servers to the City disaster recovery data center from the City's Fire Station #5 data
16 center and the Utilities data center; and
17 WHEREAS,this Agreement allows the City to use the State of Florida Contract prices
18 to purchase computer related software; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon the
20 recommendation of staff, deems it in the best interest of the citizens and residents of the City
21 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with
22 Transource Services Corporation for the purchase of Datrium Controlshift Saas software in the
23 amount of$35,430.30 at prices based on State of Florida Computer Equipment, Peripherals&
24 Services Contract No. 43211500-WSCA-15-ACS and Addendum No 1 thereto.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as being
28 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby approves
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30 and authorizes the City Manager to sign an Agreement with Transource Services Corporation
31 for the purchase of Datrium Controlshift SaaS software in the amount of$35,430,30 at prices
32 based on State of Florida Computer Equipment, Peripherals & Services Contract No.
33 43211500-WSCA-15-ACS and Addendum No 1 thereto,a copy of which is attached hereto as
34 Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this Sday of November, 2019.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor— Steven B. Grant ✓
42
43 Vice Mayor—Justin Katz ✓
44
45 Commissioner—Mack McCray ✓
46
47 Commissioner—Christina L. Romelus
48
49 Commissioner—Ty Penserga
50
51 VOTE S—O
52 ATTEST:
53
54
554
56 C stal Gibson, MMC
57 City Clerk
58
59
60 (Corporate Seal)
61
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COMPUTER EQUIPMENT AGREEMENT
This Agreement is made as of this l5 "day of Noutogoer. 2019 by and between
TRANSOURCE SERVICE CORPORATION.. 2405 W. Utopia Road. Phoenix. AZ 85027
("TSC" or "Contractor"). and THE CITY OF BOYNTON BEACH. a Florida municipal
corporation. with a mailing address of Post Office Box 310. Boynton Beach. FL 33425 (the
"City').
RECITALS
WHEREAS, the City purchased Dtrium DVX systems for Fire Station #5 data center.
Utilities data center and the disaster recovery data center in 2017: and
WHEREAS, the addition of the Datrium ControlShift SaaS software with the existing
Datrium DVX system will allow the City to automate the fail-over and fail-back of server to/from
the disaster recovery data center. Currently. the City can manage these moves manually. But in a
disaster situation the manual method would take much longer to complete with more chances of
error.
WHEREAS, TSC. has agreed to allow the City to piggy-back the State of Florida
Computer Equipment Master Services Agreement and Addendum No I.Alternate Contract Source
No. 43211500-WSCA-1 S-ACS for the purchase of Datrium ControlShift SaaS software from
Transource Services Corp through March 31. 2020 in the amount of S35.430.30 at prices based on
State of Florida contract: and
NOW THEREFORE, in consideration of the mutual covenants contained herein,and for
other valuable consideration received, the receipt and sufficiency of which arc hereby
acknowledged.the parties agree as follows:
AGREEMENT
Section I. The foregoing recitals arc true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and TSC agree that TSC shall provide Datrium Contm1Shift SaaS
software from Transource Services Corp through March 31. 2020 in the amount of S35,430.30 at
prices based on State of Florida Computer Equipment Master Services Agreement and Addendum
No 1.Alternate Contract Source No.43211500-WSCA-15-ACS.a copy of which is attached hereto
as Exhibit"A". except as hereinafter provided:
A. All references to State of Florida. shall be deemed as references to the City of Boynton Beach.
Venue for any litigation arising under this Agreement must be in a court of competent
jurisdiction in Palm Beach County. Florida.
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B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof,Doody&Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that
Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law,the City will not contract for the provision of goods or services with
any scrutinized company referred to above.Submitting a false certification shall be deemed
a material breach of contract.The City shall provide notice,in writing,to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active Agreement term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. Records shall be deleted in it's entirety and replaced with the following:
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
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1) Keep and maintain public records required by the CITY to perform the service;
2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise
provided by law;
3) Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration
of the Agreement term and, following completion of the contract, Contractor shall destroy all
copies of such confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY; and
4) Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,
all public records in Contractor's possession All records stored electronically by Contractor
must be provided to the CITY,upon request from the CITY's custodian of public records,in a
format that is compatible with the information technology systems of the CITY.
5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK
3301 QUANTUM BLVD.
BOYNTON BEACH, FL, 33435.
561-742-6061.
CITYCLERK@BBFL.US
Section 3. In the event that the State of Florida Contract is amended, or terminated, TSC
shall notify the City within ten(10) days. In the event the State of Florida Agreement is amended
or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not
be deemed amended or terminated,until specifically amended or terminated by the parties hereto.
Section 4.TSC agrees that in the event it enters into a Contract for the same(or substantially
similar) scope of services with another local government in Florida which contains a term or
condition, including fees, charges or costs, which the City determines to be more favorable than
the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the
City.
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Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the State of Florida Contract arc
hereby ratified and shall remain in full force and effect under this Contract, as provided by their
terms.
IN WITNESS OF THE FOREGOING,the parties have set their hands and seats the day
and year first written above.
CITY OF BOYNTON MACH. FLORIDA
ATTEST:
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Lori LaVerriere, City Manager
Ci Clerk
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APPROV' AS I FORM: Q
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Jam . Cherof. WrAttorney
TRANSOURCE SERVICE CORPORATION
WITNESSES:
, � i BY: rh
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Pnnt Name: CLAI'4S WeSt*ctt
f41111 _ _, Title: Nd 9 Crn6-acis 1410414
ATTEST:
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EXHIBIT A
CONTRACT BETWEEN STATE OF FLORIDA
AND TRANSOURCE SERVICE CORPORATION
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