R20-103 1 RESOLUTION NO. R20-103
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AWARD RFP NO. 034-2410-19/EM AND AUTHORIZE
5 THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
6 SAGES NETWORK INC. FOR A CONTRACT AMOUNT
7 OF$571,300.00 OVER A PERIOD OF FIVE (5) YEARS FOR
8 ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP
9 MANAGEMENT SYSTEM WITH MOBILE INSPECTION
10 SOFTWARE; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS,on July 8,2019,Procurement Services opened and tabulated five(5)
13 proposals for RFP No. 034-2410-19/EM for Electronic Plan Review Submittal and
14 Markup Management System with Mobile Inspection Software; and
15 WHEREAS, it was determined by the Evaluation Team that IDT capability to
16 interface with Naviline was questionable,which is essential, and is recommending award
17 of Phase 1 to Sages Network Inc in the amount of$571,300.00 over a period of five (5)
18 years due to their confirmed ability to interface with Naviline; and
19 WHEREAS, the initial term of the contract shall be for one (1) year effective
20 upon date the contract is fully executed by all parties,thereafter the City of Boynton Beach
21 Purchasing Manager in consultation with the Finance Director may extend the agreement
22 at the same terms, and conditions, for four (4) one-year renewals (exercised separately)
23 subject to vendor acceptance, satisfactory performance as determined by the Purchasing
24 Manager, and determination by the Purchasing Manager that renewal will be in the best
25 interest of the City; and
26 WHEREAS, the City Commission of the City of Boynton Beach upon
27 recommendation of staff, deems it to be in the best interest of the citizens and residents to
28 approve the award of RFP No. 034-2410-19/EM and authorize the City Manager to enter
29 into a contract with Sages Network Inc.for a contract amount of$571,300.00 over a period
30 of five (5) years for Electronic Plan Review Submittal and Markup Management System
31 with Mobile Inspection Software.
S:\CA\RESO\Agreements\Award of RFP-Sages-Reso.docx
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
3 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed
4 as being true and correct and are hereby made a specific part of this Resolution upon
5 adoption.
6 Section 2. The City Commission of the City of Boynton Beach, Florida,
7 hereby approves the award of RFP No. 034-2410-19/EM and authorizes the City Manager
8 to enter into a contract with Sages Network Inc.for a contract amount of$571,300.00 over
9 a period of five(5)years for Electronic Plan Review Submittal and Markup Management
10 System with Mobile Inspection Software, a copy of the Contract is attached hereto and
11 incorporated herein as Exhibit"A".
12 Section 3. That this Resolution shall become effective immediately.
13 PASSED AND ADOPTED this 15th day of September, 2020
14 CITY OF BOYNTON BEACH,FLORIDA
15 YES NO
16
17 Mayor-Steven B. Grant
18
19 Vice-Mayor-Ty Penserga
20
21 Commissioner-Justin Katz
22
23 Commissioner-Woodrow L. Hay
24
25 Commissioner-Christina L. Romelus
26
27 VOTE S-0
28 ATTEST:
29
30
31 Cry al Gibson, M C
32 City Clerk z
33
34
35 (Corporate Seal) {"
36 ,
S:\CA\RESO\Agreements\Award of RFP-Sages-Reso.doex
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SAGES NETWORKS INC.
FOR
ELECTRONIC PLAN REVIEW SUBMITTAL MANAGEMENT SYSTEM
CONTRACT NO. 034-2410-19/EM
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and Sages Networks Inc., 50 Hurt Plaza SE, Suite 1446, Atlanta, GA 30303, 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 provide Phase 1 of a
Electronic Plan Review Submittal and Markup Management System with Mobile Inspection
Software as further detailed in Exhibit"A" Sages Networks Best and Final Proposal Submitted
on September 04, 2020; Exhibit "B" Sages Networks Submittal and Exhibit "C" Request for
Proposal (RFP) 034-2410-19/EM.
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit"A"
Sages Networks Best and Final Proposal Submitted on September 04, 2020, attached hereto
and incorporated herein by reference, including the provision of all labor, materials,
equipment and supplies. No modifications will be made to the original scope of work without
the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement 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 pursuant to this Agreement effective upon City Commission
approval on September 15, 2020.
4. TERM. The initial term of the contract shall be for one (1) year effective upon date the
contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in
consultation with the Finance Director may extend the agreement at the same terms, and
conditions, for four (4) one-year renewals (exercised separately) subject to vendor
acceptance, satisfactory performance as determined by the Purchasing Manager, and
determination by the Purchasing Manager that renewal will be in the best interest of the City.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this Agreement as follows:
a. The amount of$154,660 for the initial term of one (1) year and with an option to renew for
four (4) additional one-year terms for an annual amount of $104,160 for a total amount of
$571,300 over the total potential five (5)year term of the agreement, shall be the total amount
of payment to Vendor for services provided under this Agreement for the entire term of the
Agreement accordance with the payment schedule in Exhibit"D"- Fees and Payments.
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 Agreement signed by the City
Manager or designee.
c. The Vendor may submit invoices to the City once per month during the progress of the work
for partial payment. Such invoices will be checked by the City, and upon approval thereof,
payment will be made to the Vendor in the amount approved.
d. 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.
100404531.13064041824
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 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 will be 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 of Florida and City of Boynton
Beach, 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 attorney 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.
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.
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.
100/045313 306-9001821)
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 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)Termination for Cause: The City may terminate this Agreement for cause by sending(30)
days written notice to the Vendor of the default in the performance of any term of this
Agreement.
(b)Termination for Convenience: This Agreement may be terminated for convenience by
either party at any time with (30)days'written notice to the other party. In the event of
termination for convenience,the City will pay the Vendor for services actually performed.
The City will compensate partially completed performance. actually performed,based upon a
signed statement of completion submitted by the contractor,which shall itemize each
element of performance completed, subject to the City's approval.
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:
Harish Krishna
Sa•es Networks Inc..
50 Hurt Plaza SE. Suite 1446
Atlanta,GA 30303
F Tel:404-892-6184 x 101 /678-471-7392
mailto:hkrishnaCtsa•esnetworks.com
18. INTEGRATED AGREEMENT. This agreement,together with attachments or addenda,
{00404531.1 306-9001821
represents the entire and integrated agreement between the City and the Firm 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 Firm.
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:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
20. SCRUTINIZED COMPANIES— 287.135 AND 215.473
(00404531.1 306-9001821)
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.
21. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both
parties. This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties. A facsimile signature shall constitute
an original signature for all purposes.
DATED this 15th day of September, 2020.
CITY OF BOYNTON BEACH SAGES NETWORKS INC.
L LaVe ' re,City Manager ignature of Authorized Official
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Printed Name of Authorized Official
Attest/Authenticated: I (t3/DE T
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Approved as to Form: Attest/Authenticated:
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