R20-0011
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RESOLUTION NO. R20-001
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVE PIGGY -BACKING GSA
CONTRACT #GS-35F-114BA AND THE EXPENDITURE
OF $82,413.28 FOR THE PURCHASE OF A
LABORATORY INFORMATION MANAGEMENT
SYSTEM FROM ACCELERATED TECHNOLOGY
LABORATORIES (ATL); AUTHORIZE THE CITY
MANAGER TO SIGN THE PROPOSAL AND
ADDENDUM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Boynton Beach Utilities Department has its own TNI
(The NELAC Institute) certified laboratory that performs over 25,000 water quality tests a
year; and
WHEREAS, the Laboratory Information Management System requested herein is
needed in order to store and efficiently safeguard the results from these tests; and
WHEREAS, the Utility Department is required under the terms of its TNI
certification to maintain the integrity of the laboratory data and will allow staff to analyze
data more efficiently to identify patterns and trend water quality conditions and be able to
proactively take action to maintain good water quality to our customers.
WHEREAS, City staff has confirmed that the procurement process meets or
exceeds that of the City of Boynton Beach's requirements; and
WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back
GSA Contract #GS-35F-114BA and the expenditure of $82,413.28 for the purchase of a
Laboratory Information Management System from Accelerated Technology Laboratories
(ATL) and authorize the City Manager to sign the Proposal and Addendum.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Piggy-Back GSA (ATL Software) - Reso.Docx
1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves to piggy -backing the GSA Contract #GS-35F-114BA, the expenditure of
$82,413.28 for the purchase of a Laboratory Information Management System from
Accelerated Technology Laboratories (ATL) and authorize the City Manager to sign the
Proposal and Addendum, a copy of the Proposal and Addendum are attached hereto as
Exhibit "A" collectively.
0 Section 3. That this Resolution shall become effective immediately.
1 PASSED AND ADOPTED this _day of January, 2020.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
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Mayor — Steven B. Grant
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Vice Mayor — Justin Katz
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Commissioner — Mack McCray
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Commissioner — Christina L. Romelus
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Commissioner — Ty Penserga
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VOTE
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2 C stal Gibson, MMC
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3 City Clerk
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R20-001
ADDENDUM TO ACCELERATED TECHNOLOGY LABORATORIES,INC.
ENTERPRISE AGREEMENT
This ADDENDUM TO ACCELERATED TECHNOLOGY LABORATORIES, INC. ENTERPRISE
AGREEMENT ("this Addendum") amends that certain Contract by and between the City of Boynton
Beach, FL (hereinafter referred as "City") and Accelerated Technology Laboratories, Inc., a North
Carolina corporation (hereinafter referred to as "ATLAB") entered into contemporaneously herewith and
effective thereon,as follows:
For purposes of this Addendum, the Agreement shall mean and include this (I) Addendum, (II) The
Master Software&Services Agreement and all exhibits attached thereto;(III)Any Non-Disclosure Agreement
executed by the Parties;(III)Each Quote(Software and Services Fees)executed by the Parties;and(IV)Each
Statement of Work or SOW executed by the Parties(hereinafter collectively referred to as"Agreement").
The purpose of this Addendum is to incorporate new content into the Agreement between the City and
ATLAB. To the extent that any of the terms or conditions contained in this Addendum may contradict or
conflict with any of the terms or conditions contained in the Agreement, and any other attachments provided
to City, as applicable, it is expressly understood and agreed that the terms of this Addendum shall take
precedence over all of the foregoing.
Effective as of the effective date of the Agreement, the following sections shall be added to the
Agreement:
1. Limitation of Liability. Notwithstanding any provision of the Agreement or this Addendum,
City shall not be liable or responsible to ATLAB beyond the monetary limits and amounts
specified in Ch. 768.28, Fla. Stat., as amended, regardless of whether said liability be based
in tort, contract, indemnity or otherwise; and in no event shall City be liable to ATLAB for
punitive or exemplary damages or for lost profits or consequential damages.
2. Attorneys' Fees. In the event of litigation which arises out of, or pertains to, or relates to the
Agreement or this Addendum, or the breach thereof, or the services provided herein, or the
standard of performance herein required,the prevailing party shall be entitled to a reasonable
attorney's fee. Notwithstanding the foregoing sentence,the maximum attorney's fees which
one party can recover from the other will not exceed $15,000.
3. Compliance with Laws. ATLAB shall comply with all statutes, laws, ordinances, rules,
regulations and lawful orders of the United States of America, State of Florida, City of
Boynton Beach and of any other public authority,which may be applicable to this Agreement.
4. Disputed Payments. The City shall not be charged any costs, fees, charges, or expenses for
payments amounts which have been disputed by the City within thirty(30)day from the date
of invoice until such time as a resolution has occurred between the parties for the disputed
payments or portions thereof.
5. Public Records. The City of Boynton Beach is public agency subject to Chapter 119, Florida
Statutes, notwithstanding any agreement to maintain Confidential Information. ATLAB shall
comply with Florida's Public Records Law. Specifically,ATLAB shall:
X00346708.1306-9001821
Keep and maintain public records required by the City to perform the service;
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;
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
contract term and,following completion of the contract,ATLAB shall destroy all copies of such
confidential and exempt records remaining in its possession after ATLAB transfers the records
in its possession to the City;and
Upon completion of the contract, ATLAB shall transfer to the City, at no cost to the City, all
public records in ATLAB's possession. All records stored electronically by ATLAB 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.
The failure of ATLAB to comply with the provisions set forth in this Article shall constitute a
Default and Breach of this Agreement,for which,the City may terminate the Agreement.
IF ATLAB HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO ATLAB'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC(&,BBFL.US
6. Records and Audit. City reserves the right to audit the records of ATLAB relating to this
Agreement any time during the performance and term of the Agreement and for a period of
three (3) years after termination of the Agreement. If required by City, ATLAB shall agree
to submit to an audit by an independent certified public and review the records of ATLAB at
any and all times during normal business hours during the term of this Agreement.
ATLAB shall preserve and make available for inspection by City personnel, or by personnel
duly authorized by City, computer date and other records related to the services provided
under this Agreement. The records will be made available during normal business, hours
upon twenty-four(24)hours notice by the City.
7. Scrutinized Companies.
ATLAB agrees to:
(00346708.1306-9001821)
a. Comply with Section 287.135, Florida Statutes, which prohibits agencies from
contracting with companies for goods or services of any amount that are on the
Scrutinized Companies that Boycott Israel List or that are participating in a boycott of
Israel; or One million dollars or more if, at the time of bidding, ATLAB is on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List,or has business operations in
Syria. The boycott Israel list is created pursuant to 215.4725, Florida Statutes and the
Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes.
b. As the person authorized to sign on behalf of ATLAB, I hereby certify that ATLAB
is not participating in a boycott of Israel,on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or that it does not have business operations in Syria. I understand
and agree that pursuant to section 287.135, Florida Statutes, the submission of a false
certification; or being placed on the Scrutinized Companies that Boycott Israel List,
or engaging in a boycott of Israel;or being placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; or engaging in business operations in Syria will be
cause for the City to terminate this Agreement at the option of the City. In addition,
ATLAB may be subject to civil penalties, attorney's fees, and/or costs.
8. Choice of Law. This Agreement shall be governed by the laws of the State of Florida and
venue shall be in Palm Beach County without regard to its conflicts of law. The parties hereby
agree that in the event of any litigation between them, such proceeding shall be brought
exclusively in the courts of the State of Florida, County of Palm Beach or the Federal District
Court with subject matter jurisdiction and encompassing the County of Palm Beach, Florida.
Each party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the
aforementioned courts, and further waives any claim that a proceeding brought therein has
been brought in an inconvenient forum.
9. Conflict of Interest. ATLAB covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this agreement has any personal
financial interests, direct or indirect, with city. ATLAB further covenants that, in the
performance of this agreement,no person having such conflicting interest shall be employed,
any such interests, on the part of ATLAB or its employees, must be disclosed in writing to
City. ATLAB is aware of the conflict of interest laws of the State of Florida, Chapter 112,
Florida Statues (2019), as amended, agrees that it will fully comply in all respects with terms
of said laws. ATLAB warrants that it has not employed or retained any person employed by
City to solicit or secure this agreement and that it has not offered to pay, paid, or agreed to
pay, any public official or person employed by city any fee, commission, percentage,
brokerage fee or gift of any kind,contingent upon of resulting from the award of this privilege.
10. Ethics Disclosure. ATLAB warrants that no elected official, officer, agent or employee of
the City has financial interest directly or indirectly in this contract or the compensation to be
paid under it, and further, that no city employee who acts in the City of Boynton Beach as a
"purchasing agent"as defined by§112.312(20),Florida Statutes,nor any elected or appointed
officer of the City of Boynton Beach, nor any spouse or child of such purchasing agent
employee or elected or appointed officer, is a partner, officer director, or proprietor of
ATLAB, and further, that no such city employee purchasing agent, city elected or appointed
(00346708 I 306-9001821
officer, or the spouse or child of any of them, alone or in combination, has a material interest
in ATLAB. Material interest means direct of indirect ownership of more than five(5)percent
of the total assets or capital stock of ATLAB.
11. Indemnity.
ATLAB shall indemnify and hold harmless City, and its elected and appointed officers, the
officers,directors,employees,agents and other consultants of each of them,from and against
any and all claims,fines, fees, liabilities,damages, losses and costs, including,but not limited
to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of ATLAB and other persons employed or utilized by
ATLAB in the performance of this Agreement.
ATLAB agrees to indemnity,defend, save and hold harmless the City, its officers,agents and
employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all
suits and actions of every name and description that may be brought against City, its officers,
agents and employees, on account of any claims, fees, royalties, or costs for any invention or
patent or for the infringement of any and all copyrights or patent rights claimed by any person,
firm, or corporation.
This indemnity includes but is not limited to claims attributable to bodily injury, sickness,
disease or death, or to injury or destruction of tangible property, including the Work itself,
and including the loss of use resulting therefrom.
Payment of any amount due pursuant to the foregoing indemnity shall,after receipt of written
notice by ATLAB from the City that such amount is due, be made by ATLAB prior to the
City being required to pay same,or in the alternative,the City,at the City's option,may make
payment of an amount so due and ATLAB shall promptly reimburse the City for same,
together with interest thereon at the statutory rate from the date of receipt by ATLAB of
written notice from the City that such payment is due. ATLAB agrees,at ATLAB's expense,
after written notice from the City, to defend any action against the City that falls within the
scope of this indemnity, or the City,at the City's option,may elect not to accept such defense
and may elect instead to secure its own attorney to defend any such action and the reasonable
costs and expenses of such attorney incurred in defending such action shall be payable by
ATLAB. Additionally, if ATLAB,after receipt of written notices from the City,fails to make
any payment due hereunder to the City, ATLAB shall pay any reasonable attorney's fees or
costs incurred by the City in securing any such payment from ATLAB.
Nothing contained herein is intended nor shall it be construed to waive the City's rights and
immunities under the common law or Florida Statute §768.28 as amended from time to time.
This obligation shall not be construed to negate, abridge, or otherwise reduce any other right
or obligation of indemnity which would otherwise exist in the City's favor.
12. Termination for Non-Appropriation of Funds. Notwithstanding any other provision of this
Agreement, the City shall not be obligated for ATLAB's performance hereunder or by any
provision of this Agreement during any of the City's future fiscal years unless and until the
City Council appropriates funds for this Agreement in the City's Budget, or any amendment
thereto, for each such future fiscal year. In the event that funds are not appropriated for this
Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for
X00346708.1 306-9001821)
which funds were appropriated.The City shall notify the ATLAB in writing of any such non-
allocation of funds at the earliest possible date.
13.Nondiscrimination and Equal Opportunity Employment. During the performance of this
agreement, ATLAB shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex or national origin.
14. Disciplinary Action. ATLAB agrees to immediately notify the City of any disciplinary action
imposed against ATLAB or any of its employees by any regulatory agency with the charge
of regulating ATLAB.
15. Convicted Vendor List. ATLAB represents to City that it is not a person or affiliate as defined
in §287.133, Florida Statutes,which has been placed on the convicted vendor list maintained
by the Florida Department of Management Services following a conviction for a public entity
crime. ATLAB acknowledges and agrees that it may not submit a bid on a contract to provide
any goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of any public building or public work, may not submit bids on leases
of real property with the City, may not be awarded an opportunity to perform work as a
ATLAB, supplier, subcontractor or ATLAB under a contract with the City, and may not
transact business with the City in an amount set forth in §287.017, Florida Statutes, for
Category Two for a period of THIRTY-SIX (36)months from the date of being placed on the
convicted vendor list.
16.Non-exclusivity. The services provided pursuant to the Agreement shall be non-exclusive.
17. Consideration Adequate. The parties acknowledge that there is adequate consideration to
enforce each and every provision of the Agreement.
18. Modification. Except as specifically amended or modified herein, the terms and provisions
of the Agreement remain unchanged. No future amendment, modification to the Agreement
shall affect the terms and conditions contained in this Addendum without specific reference
to this Addendum and approved by both parties, in writing.
19. Tax Exempt. ATLAB and City agree that City is a tax exempt entity and not subject to the
payment of taxes under the Agreement.
{00346708.1 306-9001821
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of
the effective date of the Agreement.
CITY OF BOYNTON BEACH ACCELERATED TECHNOLOGY
LABORATORIES,INC.
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Print Name: Lori LaVerriere Print Name: Ar. s, a gtszto
Title: City Manager _ Title: gr. Vic . PreS1-Je'4 S'ales.t fi h'j
Date: January 23, 2020 Date: 1. 17 • Za
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' CITY ATTORNEY
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SM2019115-LW-Cit-C Accelerated
Cost Proposal for Technology
N enc City of Boynton Beach LABORATORIES INC.
Sample Master® Pro Workstation - 10 Concurrent User Licenses
Premise Deployment
11/5/2019
Sample Master® Pro Workstation Modules
Description Qty Units Unit Price Total
Sample Tracking 1 each 26,592.00 $ 26,592.00
This module allows users to quickly and efficiently automate functions such as log-in,generate barcode labels,create quotes,convert to orders,and create
invoices that can be electronically exported to numerous accounting packages.
•Generate a series of reports,including Chain of Custody,login report,and sample conditions
•Scan supporting documentation or attach files to an order(PDF,Word,Excel,etc.)
•Create,maintain and email work lists
License SMI-1013-10
Data Entry 1 each 26,592.00 $ 26,592.00
Enter data,create QC Batches and Custom Reports,check the Audit Trail,run a Trend Analysis,run the GIS(Geographic Information System)function,set up
Unit Conversions,and leverage the Master Query function to quickly mine data.Custom Reporting allows you to harness the power of the Master Query by
defining the audit report criteria and creating an unlimited number of user-definable reports.Using historical data,create Trend Analysis charts by test,
department,client,site,or a variety of criteria.Using the LIMS GIS function,users can plot sampling locations and test result values.
license SMI-1013-10
Sample Scheduling 1 each 11,284.00 $ 11,284.00
Automatically logs in samples for routine collection. Samples can be scheduled hourly,daily,weekly,monthly,quarterly,semi-annually,or annually.
License SMI-1013-10
LIMS Maintenance 1 each 0.00 $ 0.00
The UMS Maintenance module is comprised of the entire laboratory's static information that is configured and maintained by the database administrator.
This is where the setup information and default settings are found.Information such as defaults,number format,QC batch ID,employees,permissions,tests,
methods,limits,prices,departments,ID formats,reports,and many other settings are stored and updated.This module allows the administrator to easily
configure the LIMS to conform to the workflows and business rules of the laboratory.
Sample Master°Pro Workstation Modules $ 64,468.00
10 Concurrent User Licenses Discount -0.30 $ -19,340.40
Subtotal Sample Master•Pro Workstation Software Discounts $ -19,340.40
Total Sample Master•Pro Workstation Software $ 45,127.60
Sample Master® Enhancement Tools
License
Description Type Qty Unit Unit Price Total
iMobile•Annual Subscription Concurrent 2 each 1,200.00 $ 2,400.00
Allows direct upload of LIMS data from field collectors in real-time.(iPad,Samsung Galaxy,Nexus,or other device with a rugged case sold separately.)2
Annual Subscription Access licenses assigned.Includes product support and upgrades.
Note:Subscription services require a one-time$2,000 set-up fee
rorg) Accelerated Technology Laboratories,Inc.
4%Holly Grove Rd•West End,NC 27376
800.565.LIM5(5467)or 910.673.8165
SGS www.atlab.com Confidential Page 1 of 3
Barcode Starter Package Package 1 each 2,995.00 $ 2,995.00
1D Barcode Starter Package:Includes 300DPI Printer,2 Hand-Held Scanners,1 Ribbon,1 Roll of Labels(1000),Barcode Software and all required cables,On-
site Installation,Configuration(includes up to 2 hours of custom label report development)and Training when implemented with Sample Master'.
Total Sample Master°Enhancement Tools $ 5,395.00
Professional Services
Service
Description Location Qty Unit Unit Price Total
ATL Advantage Plan Off-Site 1 each 3,000.00 $ 3,000.00
The ATL Advantage Project Management program is the result of over two decades of expertise in the LIMS industry and in compliance with ATL's ISO 9001
Certified Quality Management System.The Project Management Program consists of implementation checklists,a static data template,and a project
dashboard that ensures that ATL's clients successfully deploy their LIMS.The project manager with be the primary point of contact during implementation
and responsible for coordinating all implementation activities.
ATL Per-Diem On Site Consulting Services On-Site 1 day 2,360.87 $ 2,360.87
To provide configuration assistance and guidance for the configuration of the laboratory's work processes into the LIMS.
GSA Item NSM-ON-II
ATL Off Site Consulting Services Off-Site 20 hour 214.80 $ 4,296.00
Telephone and web-conference delivered guidance and assistance for the configuration of the laboratory's workflow into the LIMS.
Assistance with Static Data Migration Estimated at:16 Hours
Assistance with iMobile Configuration Estimated at:4 Hours
Note:Customers are only charged for hours of service rendered.
GSA Item NSM-CU-2
Report Development Off-SIte 20 hour 214.80 $ 4,296.00
Budgetary estimates for two reports:
Chain of Customer estimated at 8 hours
Final Report estimated at 10 hours
GSA Item NSM-CU-2
ATL Off Site Customizations,Testing&Documentation Off-Site 24 hour 214.80 $ 5,155.20
Interface with ERSI GIS estimated at 24 hours.
GSA Item NSM-CU-2
Please Note:ATL Engineers will work with client to create a Requirements Document that will clearly define the specifications of each customization,for
client review and signoff prior to any initiation of work(Includes Requirements Document,Creation,QA/QC,documentation and installation).Upon
completion of the Requirements Document process and client approval an exact cost will be provided.
Total Professional Services $ 19,108.07
Training
Training
Description Location Qty Unit Unit Price Total
System Administrator's Training On Site 1 day 2,360.87 $ 2,360.87
Administrator training is designed to maximize the user's knowledge and understanding of Security and Configuration within the LIMS.Training includes the
information required to configure users and test methods in the LIMS.
GSA Item NSM-ON-TR
End User Training On Site 2 day 2,360.87 $ 4,721.74
End user training is designed to ensure users develop an understanding of LIMS and Sample Master*iMobile functionality relevant to their individual
responsibilities.
GSA Item NSM-ON-TR
Total Training $ 7,082.61
511164/
AcceleratedHolly Technology•W laboratories,Inc.
496 Holly Grove Rd•West End,NC 27376
800.565.LIMS(5467)or 910.673.8165
SGS www.atlab.cons Confidential Page 2 of 3
Travel Expense
Travel Expense is based on 2 trip(s)and 4 day(s)on-site.
Total Travel $ 3,700.00
Annual Maintenance and Support
Support
Description Qty Rate Total
ATL Gold Support 1 year 17.05% $ 7,694.26
Unlimited telephone,e-mail and Web site operational support for up to two(2)customer points-of-contact(POC).Phone support hours are
from 8:00 am to 5:00 PM Eastern Time,Monday through Friday,other than on Federal holidays.Dedicated Account Manager assigned to
your company.Service Pack updates and product upgrades ARE INCLUDED.Access to User Group Meetings and LIMS Solution Newsletter.
Also includes quarterly web training.The purchase of a new LIMS includes one year of All Gold level support.
GSA item 4SU-G0-2
Annual Maintenance and Support $ 7,694.26
Quotation Summary SM2019115-LW-Cit-C
Sample Master*Pro Workstation Modules $ 45,127.60
Sample Master iMobile Subscription Set Up Fee(One time) $ 2,000.00
Total Sample Master Enhancement Tools $ 5,395.00
Total Professional Services $ 19,108.07
Total Training $ 7,082.61
Estimated Travel&Lodging $ 3,700.00
Project Total $ 82,433.28
Ongoing Annual Subscription Fees $ 2,400.00
Annual Maintenance and Support (year 2) $ 7,694.26
Quote valid through 12/5/2019
NOTE:All Items are quoted at list price,in$USD
Prepared by Laura Lee Williford Prepared for Allan Guillen
Accelerated Technology Laboratories Address City of Boynton Beach
Address 496 Holly Grove School Road 5469 W Boynton Beach Blvd
West End,NC 23736 Boynton Beach,FL 33437
Phone 800.565.LIMS(5467) Phone 964 6001068
Fax 910.673.8166 Email guillena@bbfl.us
Email Iwilliford@atlab.com
Accepted By 4,. di))
Approved By Dr.Christine Paszko
VP Sales and Marketing Date
I Accelerated Technology Laboratories,Inc.
496 Holly Grove Rd•West End,NC 27376
800.565.LIM5(54671 or 910.673.8165
SGS www.atlab.com Confidential Page 3 of 3