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R20-0011 2 3 4 5 6 7 8 9 0 1 2 3 4 Ei E 7 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 ✓ 7 Mayor — Steven B. Grant 8 9 Vice Mayor — Justin Katz ,✓ 0 1 Commissioner — Mack McCray 2 3 Commissioner — Christina L. Romelus ✓ 4 5 Commissioner — Ty Penserga 6 7 8 VOTE 9 AT EST: 0 2 C stal Gibson, MMC 1 3 City Clerk 4 _E- t;.. V t t920 �5 (Corporate Seal) r S:\CA\RESO\Agreements\Piggy-Back GSA (Ai L t .4e Ikes�Vpc5c' _ 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. / By12/141 Ae. By: irb ...- Print 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 APPROV1/14 f= TOFF ' CITY ATTORNEY 100/46701 1 306-00011211 .2. ,,,, It' @ Pa CU an cu V g d 2 a rt4■ttiYtiIixIIxI ® i1 Rt\�YG=)! Z.>. n 5.. h �tta�saerpsXa .ae11 �� = 3 0 'o m t71"71jtal Dt rn ,� ��11111111, ill 11ii11i_r,;1J: 111111 E 1JJ � t ; iS lag c ,AmAlilt!pD11ttt � j Iii 11111/ �' o �� ,lii�iilt)11111!)li,t: 1.Jae a m {�4 i III���t,ililrEax �t1= 11� ; `~ ` t 11.1 1'�lt:: By 0, 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