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
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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)
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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.
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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
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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
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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.
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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
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Attest/Authenticated: Gilad Preger, CEO & President
Title
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Judy,Pyle, Cit Clerk / 0
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Approved as o Form: Attest/Authenticated:
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Benny Shalev, Secretary
James A. Cherof, Cit, Attor. - Secretary