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
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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
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12 yor — J/ rry Ta
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15 • e ( Mayor e Casello
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21 ommissio — M.c cCra
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24 Commissioner — ichael M. Fitzpatrick
25 ATTEST:
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27
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28 ��_ • •
29 Jane M. Prainito, MMC
30 • Clerk
31
32 Win
33
34
35 (Ct irate ' , eal)
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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
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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
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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
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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
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