Loading...
R18-178 1 RESOLUTION NO. R18 -178 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT FOR 5 THE PURCHASE, INSTALLATION, IMPLEMENTATION, TRAINING 6 AND SUPPORT OF A FIRE-RESCUE RECORDS MANAGEMENT 7 SYSTEM FROM EPR SYSTEMS USA, INC. OF SARASOTA, FLORIDA 8 FOR A FIVE (5)YEAR PERIOD IN THE AMOUNT OF$212,891.60; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, on July 30, 2018, Procurement Services opened three (3) proposals in 13 response to the"Request for Proposals for Fire Rescue Records Management System which 14 was issued to secure a solution to replace the Fire Department's existing stand-alone records 15 management, and mobile data systems with a comprehensive, fully integrated,public safety 16 information management solution; and 17 WHEREAS, on August 10, 2018, the initial ranking meeting was held and after 18 evaluation and scoring the Committee ranked EPR Systems USA as the top ranked firm; 19 and 20 WHEREAS,the City Commission approved the final ranking recommended by the 21 selection committee on October 2, 2018 and authorized City Staff to negotiate an 22 Agreement with EPR Systems USA, Inc., to be brought back to the City Commission for 23 approval; and 24 WHEREAS, staff has recommended that the City Commission approve and 25 authorize the City Manager to sign an Agreement and other documents to be reviewed and 26 approved by the City Attorney for the purchase, installation, implementation, training and 27 support of a Fire Rescue Records Management System from EPR Systems USA, Inc., of 28 Sarasota, FL for a five (5) year period in the amount of$212,891.00. 29 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\EPR_Systems_USA_(Fire- Rescue_Records_Management)_-_Reso.Docx 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes and directs the City Manager to sign an Agreement and other documents to be 36 reviewed and approved by the City Attorney for the purchase, installation, implementation, 37 training and support of a Fire Rescue Records Management System from EPR Systems USA, 38 Inc., of Sarasota, FL for a five (5) year period in the amount of$212,891.00, a copy of which 39 is attached hereto as Exhibit "A". 40 Section 3. This Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this 4th day of December, 2018. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor- Steven B. Grant ✓ 47 48 Vice Mayor-Christina L. Romelus ✓ 49 50 Commissioner-Mack McCray ✓ 51 52 Commissioner-Justin Katz ✓ 53 ✓ 54 Commissioner-Aimee Kelley 55 56 VOTE _j-n 57 ATTEST: •„,, 58 \N0 60 Judith d. Pyle, CMC � :% Q 61 City Clerk 62 V 1920 ice ; 63 {Corporate Seal) CAUsers\Stanzionet\Appdata\Local\Microsoft\WindowsN no?&r�frite net tees\Content.lE5\SATNOEVN\EPR_Systems_USA_(Fire- Rescue_Records_Management)_-_Reno.Docx AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND EPR SYSTEMS USA, INC. THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and EPR SYSTEMS USA, INC., hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to perform professional services in connection with the RFP FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM; RFP No.: 027-2210-18/IT. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified in the City's RFP and all of its addenda and attachment, including Exhibit "A", Vendor's Response to the RFP and Scope of Services. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon full execution by all parties and shall terminate five (5) years from that date. 5. PAYMENT: The City will pay the Vendor, the fees as set forth in Exhibit "B", Fees, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed $212,891.60 for the full five (5) year term. a. 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 Agreement signed by the City Manager or her designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. 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. e. The Vendor's records and accounts pertaining to this agreement 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 Agreement. Copies shall be made available upon request. • 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, 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 agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices. agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general 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 agreement. Professional +ability{E _ . e ante--Professional--Liability Insurance with - - - -- • - - - - e-- --• •- •- - !!. .!! -- -- - - - •- - - - _ . - _- - _ .. e!. .!! --- -._ - - -- - - - - •• not to exceed ten percent (10%) of the limit of liability. Vendor shall notify the City in writing •- . • - -- -- •- --- _ -the City is relying on the competence of the Vendor to design the project to -•-- ' - - •_ . - -• . ' e- - -- --. ._ • _ -2- -_ _ _ - project-that changes must be made due to Consultant's negligent errors and omissions, Consultant shall - e•-_ - • . ---- - _ - - -• . - _ - -- - costs, if any, of the project to the proportional extent caused by si+ch negligent errors or emissions 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. 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, e or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, 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 Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement,or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: EPR SYSTEMS USA, INC. Attn: Kathi Pletzke 5020 Clark Rd., #119 j Sarasota, FL 34233 1 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner. in accordance with Florida Statutes 119.07. 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: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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, 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 D. 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. E. 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: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, 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 contract 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 contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 1 t ' c • C t DATED this 12 day of December , 2018 . CITY OF BOYNTON BEACH C)49A E.P.R. Systems U.S.A. Inc. Lori LaVerrier City Manager Vendor i A Attest/Authenticated: Gilad Preger, CEO & President Title _ S 1 / 7 n z (Corporate Seal) Judy,Pyle, Cit Clerk / 0 Q; oy$ n Approved as o Form: Attest/Authenticated: 1 Benny Shalev, Secretary James A. Cherof, Cit, Attor. - Secretary