Loading...
R14-067 1 RESOLUTION NO. R14 -067 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REAPPROVING THE CONTRACT FOR 5 "INTERACTIVE VOICE RESPONSE SYSTEM" WITH 6 SELECTRON TECHNOLOGIES, INC., OF PORTLAND, 7 OREGON, FOR HOSTED SERVICES FOR AN INTERACTIVE 8 VOICE RESPONSE SYSTEM WITH WEB INTERFACE FOR AN 9 AMOUNT NOT -TO- EXCEED $300,000.00; AUTHORIZING THE 10 CITY MANAGER TO EXECUTE A CONTRACT AND RELATED 11 DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE 12 13 WHEREAS, on January 7, 2014 the City Commission approved via Resolution 14 R14 -007, an award of a Contract with Selectron Technologies, Inc., for Interactive Voice 15 Response (IVR) System, RFP. #051- 2825- 13 /TWH; and 16 WHEREAS, subsequent to the approval, modifications were made to the Contract 17 which require reapproval by the City Commission; and 18 WHEREAS, the City Commission, upon recommendation of staff, deems it to be 19 in the best interests of the citizens and residents of the City of Boynton Beach to reapprove 20 a contract with Selectron Technologies, Inc., for Interactive Voice Response System in an 21 amount not —to- exceed $300,000.00 and to authorize the City Manager to execute a 22 contract and related documents between the City of Boynton Beach and Selectron 23 Technologies, Inc. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, upon \\Apps3 City Cbb\Auto \Data\217\ Items\ 208\ 3081 \ 4002\ Reso_- _Reapprove Contract _Interactrve_Voice_Response_ - Selectron_Technologies Doc 1 recommendation of staff, hereby reapproves the Contract for Interactive Voice Response 2 System with Selectron Technologies, Inc., of Portland, Oregon in an amount not —to- 3 exceed $300,000.00 and authorizes the City Manager to execute a contract and related 4 documents between the City of Boynton Beach and Selectron Technologies, Inc, a copy of 5 which is attached hereto as Exhibit "A ". 6 Section 3. That this Resolution shall become effective immediately. 7 PASSED AND ADOPTED THIS 5 day of August, 2014. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 - 7 11 . .✓ C 12 yor — J/ rry Ta 13 14 �(•' : I► 15 • e ( Mayor e Casello 16 - �, 17 \ 18 ommi • e - i ;- . :, -- 19 20 21 ommissio — M.c cCra 22 23 _� �. 24 Commissioner — ichael M. Fitzpatrick 25 ATTEST: 26 27 � � 28 ��_ • • 29 Jane M. Prainito, MMC 30 • Clerk 31 32 Win 33 34 35 (Ct irate ' , eal) N Ft \ \Apps3 City Cbb\Auto\Data\217 \ Items \208 \3081 \ 4002\ Reso_- Reapprove_ Contract _InteractiveVoice_Response_ - Selectron_ 'rechnologies Doc R. 11-4-- 067 VENDOR CONTRACT FOR AN "INTERACTIVE VOICE RESPONSE (IVR) SYSTEM" THIS CONTRACT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and SELECTRON TECHNOLOGIES, INC., of Portland, OR hereinafter referred to as "the Vendor ", in consideration of the mutual benefits, terms, and conditions hereinafter specified 1 PROJECT DESIGNATION. The Vendor is retained by the City to provide Hosting /Management and maintenance of an Interactive Voice Response System in connection with the project designated 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified in Exhibits A -C of the Vendor's Master Services and Hosting Agreement attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies and to perform all the services provided hereunder No modifications will be made to the original scope of work except as agreed to by the parties in writing. 3 TIME FOR PERFORMANCE. Work under this Contract shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required in an agreed upon timeframe by the Parties. The Vendor shall furnish the City with a proposed work schedule based on deliverable milestones within 180 days from the project kick -off meeting which shall be scheduled after all of the contracts are signed. 4 TERM This Contract shall be for a period of five (5) years commencing on the date the Contract is executed by the City Renewal of the Agreement shall be upon approval of both parties 5 PAYMENT The Vendor shall be paid by the Provider /City for completed work and for services rendered under this Contract as follows a The total contract price not too exceed $300,000.00, shall be the maximum total amount of payment to vendor for services provided under this Contract for the entire term of the Contract b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Contract signed by the City Manager or his designee c The Vendor will submit invoices to the City in accordance with Exhibit A of the Vendor's Master Services and Hosting Agreement. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved {00024300 DOC 1 e Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work f. The Vendor's records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Contract Copies shall be made available upon request 6. COMPLIANCE WITH LAWS Vendor shall, in performing the services contemplated by this Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract 7 INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract professional liability insurance in the amount of $1,000,000 per occurrence to $2 million aggregate with defense costs in addition to limits Said professional liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Contract 8 COVENANT AGAINST CONTINGENT FEES The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee 12 DISCRIMINATION PROHIBITED The Vendor, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies 13 ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Contract without the express written consent of the City {00024300 DOC } 16 DISPUTES Any disputes that arise between the parties with respect to the performance of this Contract, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Contract shall be construed under Florida Law 17 NOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P O Box 310 Boynton Beach, FL 33425 -0310 Attn: Lori LaVerriere, City Manager Notices to Vendor shall be sent to the following address: Selectron Technologies, Inc 12323 SW 66 Avenue Portland, OR 97223 Attn: Todd Johnston 18. INTEGRATED CONTRACT. This Contract, together with attachments or addenda, (Including Vendor's Master Services and Hosting Agreement and its related Exhibits) represent the entire and integrated Contract between the City and the Vendor and supersedes all prior negotiations, representations, or Contracts written or oral This Contract may be amended only by written instrument signed by both City and Vendor 19 PUBLIC RECORDS The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes The contractor shall comply with Florida's Public Records Law Effective July 1, 2013, Section 119.0701, Fla Stat , the contractor shall: 19.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 19.2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla Stat., or as otherwise provided by law; 19 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law, and 19 4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that {00024300 DOC } are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. DATED this day of , 2 0 CITY OF BOYNTON BEACH SELECTRON TECHNOLOGIES, INC. City Manager Vendor Attest/Authenticated. Title (Corporate Seal) City Clerk Approved as to Form. Attest/Authenticated Office of the City Attorney Secretary {00024300 DOC }