R06-053
11
1
2
3
4
5
6
7
8
9
10
11
/,'1
RESOLUTION NO. R06.{!"->)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR TECHNICAL SUPPORT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE COMMUNITY REDEVELOPMENT AGENCY
(CRA); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
12
recommendation of staff, hereby deems it to be in the best interests of the citizens and
13
residents of the City of Boynton Beach, to approve an Agreement, providing for technical
14
support in connection with the day-to-day governmental operation of the CRA; and
15
16
17
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19
being true and correct and are hereby made a specific part of this Resolution upon adoption
20
hereof.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby approve, and authorizes the City Manager to execute an Agreement between the City
23 of Boynton Beach and the Community Redevelopment Agency (CRA) of the City of
24 Boynton Beach, providing for technical support in connection with the day-to-day
25 governmental operations of the CRA, a copy of which Agreement is attached hereto and
26 incorporated herein by reference.
27
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\CRA-Technical Support 020806.doc
II
II
1
PASSED AND ADOPTED thisj/.sf day of February, 2006.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 (Corporate Seal)
23
24
25
26
27
CITY OF BOYNTON BEACH, FLORIDA
~
S:\CA\RESO\Agreements\CRA-Technical Support 020806.doc
YJ <-'- ;:::>
/( oft,.-O....:"J ~~
INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
THIS INTERLOCAL AGREEMENT, made and entered into this _ day of
, 2006, by and between:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF BOYNTON BEACH, FLORIDA, a public agency, having the
address, 639 East Ocean Avenue, Suite 107, Boynton Beach,
Florida 33435 (hereinafter referred to as "CRA"),
and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, having the address, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to
as "CITY").
WHEREAS, at its meeting of h:D(2vAa.-,/ Zt, 2006, the City of Boynton Beach approved
entering into this Agreement with the CRA, providing for the provision of technical support
services by CITY to the CRA; and
WHEREAS, at its meeting of February 14, 2006, the CRA approved entering into an
Agreement with CITY; and
NOW, THEREFORE, IN CONSIDERA nON of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
CITY do mutually agree as follows:
1. PROJECT DESIGNATION. CITY is retained by the CRA to perform computer
technical services in connection with the day-to-day governmental operations of the CRA.
2. SCOPE OF SERVICES. CITY agrees to perform the services, identified in the
document, entitled, "Client Agreement and Conditions for CRA Technical Services,"
which is attached hereto and made a part hereof as Exhibit "A" on the "CRA Hardware
and Software Inventory" which is attached hereto and made a part hereof as Exhibit "B".
All materials, equipment, and supplies necessary for CITY to perform said services shall
be the responsibility of CRA. CRA shall use its best efforts in cooperating with CITY in
providing the information and documentation necessary to CITY in the performance of
the Technical Services under this Agreement.
3. TERM. Work under this Agreement shall commence upon the giving of written notice
by the CRA to CITY to proceed (Effective Date shall be 2/1/2006 through 01/3112009).
This Agreement shall be for an initial term of three (3) years and may be renewed by the
parties for two (2) additional three (3) year terms. This Agreement shall terminate upon
mutual agreement of the parties hereto or upon thirty (30) days written notice of intent to
terminate from one party to the other.
4. PAYMENT. CITY shall be paid by the CRA for services rendered under this Agreement
as follows:
a. CITY shall be paid the sum of Eighteen Thousand ($18,000.00) Dollars for the
first year of this Agreement, ($18,540.00) for the second year of this Agreement,
and ($19,096.00) for the third year.
b. CRA shall pay the annual amount owed to CITY, in four equal installments on the
first business day of February, May, August, and November of each year.
c. The annual payment to CITY shall increase by three (3%) percent for each year
during the term of the agreement and any renewal terms. Said increase shall be
effective on each annual anniversary of the effective date of this Agreement.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered.
e. The parties agree that should the demands on CITY increase as a result of
additional work stations, additional employees of the CRA, or changes to the
CRA Hardware and Software Inventory, the CRA and CITY shall renegotiate the
annual fee paid under this Agreement upon receipt of a written request from CITY
to renegotiate.
5. COMPLIANCE WITH LAWS. CITY agrees to perform the services contemplated by
this Agreement, and 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.
6. GOVERNMENTAL IMMUNITY.
a. CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a
public agency created pursuant to Chapter 163, Florida Statutes. To the extent
permitted by law, each party agrees to be fully responsible for acts, omissions, and
negligence of their agents, officers, or employees. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out
of this Agreement or any other contract.
b. Both parties acknowledge that this is an Inter local Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative
authority with regard to its respective governing body. All of the privileges and
2
immunities from liability; exemptions from laws, ordinances, and rules; pensions and
relief, disability, workers' compensation, and other benefits which apply to the activity
of officers, agents or employees of any public agency when performing their
respective functions within the territorial limits for their respective agency shall apply
to the same degree and extent to the performance of such functions and duties of
those officers, agents, or employees extra-territorially under the provisions of any
Inter local Agreement.
7. INDEPENDENT CONTRACTOR STATUS.
a. CITY and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
b. CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
8. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT.
During the performance of the Agreement, CITY shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. CITY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship. CITY
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
9. NON-EXCLUSIVITY. This Agreement is considered a non-exclusive Agreement
between the parties. The CRA shall have the right to purchase the same kind of services
to be provided by CITY hereunder from other sources during the term of this Agreement.
10. ASSIGNMENT. CITY shall not sublet or assign any of the services covered by this
Agreement without the express written consent ofthe CRA.
11. NON-WAIVER. Waiver by the CRA of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provIsIon.
12. TERMINATION. This Agreement may be terminated for convenience or cause by
3
either party by providing thirty (30) days notice to the other party. Should termination be
for convenience, termination shall be without liability to the terminating party. In the
event of any termination, CITY shall be paid the pro rata sum for services performed, or
if prepaid, CITY would return to the CRA the pro rata sum paid in advance.
13. DISPUTES. In the event that a party has a dispute with respect to the other party's
performance hereunder, the party shall notify the other party in writing in accordance with
Article 14, advising of the disputed matter. In the event that the disputed matter is not
resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to a
mediator mutually agreed to by the parties before any litigation is brought.
14. NOTICES. Notices to the CRA shall be in writing and sent via U.S. Mail to the
following address:
CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
639 East Ocean Avenue, Suite 107
Boynton Beach, FL 33435
ATTN:
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Notices to CITY shall be sent to the following address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
A TTN: Peter Wallace, ITS Director
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
15. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
4
Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
16. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between CITY and the CRA 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 CRA.
17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
18. CHOICE OF LAW: WAIVER OF JURY TRIAL. Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs,
and shall be governed by the laws of the State of Florida. In the event any causes of
action arising out of this Agreement are pre-empted by federal law, any such
controversies shall be submitted to the jurisdiction of the United States District Court for
the Southern District of Florida. To encourage prompt and equitable resolution of any
litigation that may arise hereunder, each party hereby waives any rights it may have to a
trial by jury of any such litigation.
19. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this
Agreement. The parties agree that there are no third party beneficiaries to this Agreement
and that no third party shall be entitled to assert a claim against either party based upon
this Agreement. The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
20. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be
construed with their common meaning to effectuate the intent of this Agreement. All
words used in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words in any gender shall
extend to and include all genders.
21. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties
acknowledge and understand that the rules, regulations and statutes regarding public
records are applicable to this Agreement and the services provided thereunder. CRA
understands that public records as defined in Chapter 119, Florida Statutes, created with
CRA computer equipment, software and hardware, including but not limited to e-mail
and internal memoranda, constitute public records under the laws of the State of Florida,
and are subject to disclosure unless otherwise exempt.
5
22. RECORDING. This Agreement shall be recorded in the public records of Palm Beach
County, in accordance with the Florida Inter local Cooperation Act of 1969.
23. MODIFICATION. It is further agreed that no modifications, amendments or alterations
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
14th day of FEBRUARY, 2006.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
By:>2~~
P~ name: , Chairman
JE.~~~E \-\e.#).,.'.)\L\~
Print name:
, Secretary
Ku
Attest:
Yn.
et Prainito, City Clerk
(CITY SEAL)
Df]J7L
4z;61[)~
Approved as to form:
Office of the City Attorney
DNT:dnt
S:\CA\AGMTS\ITS\CRA Technical Services - 2306.doc
6
Exhibit A
Client Agreement and Conditions
For
eRA Technical Services
The City of Boynton Beach Information Technology Services Departments (ITS) and the
Community Redevelopment Agency (CRA) has entered into a technical support agreement to
provide technical support for the CRA Director and seven (7) staff members.
The items and services include unlimited technical support (during normal business hours:
Monday through Friday, 7:30 a.m. to 5:30 p.m.), problem determination and resolution for the
equipment listed on Exhibit B, e-mail accounts, and network services such as access to GIS and
city shared drives. The City of Boynton Beach and the ITS Department will also extend their
Disaster Recovery/Business Recovery plan by offering off site storage and retrieval of backup
media including CD/R W.
Technical support response-resolution parameters are based on problem severity and impact on
business operations.
Severity Code Customer Impact Service Response to Resolution Time
Customer
1 - Critical Business Halted Immediate updates Until Fixed
everY 30 minutes
2 - Urgent Business Imoacted 2 - 4 Hours 4 Hours
3 - Imoortant Non-critical 1 - 3 Davs 1 - 3 Davs
4 - Reauest Normal Business 3 - 5 Davs 30 Davs
The City of Boynton Beach shall not be responsible for any third party software or other
hardware other than the hardware and software listed on Exhibit "8." The City of Boynton Beach
would utilize change management policy to address any configuration changes to the CRA PCs,
printers and network environment. ITS will extend the enterprise Microsoft agreement to the
CRA PCs, printers and network environment as defined in Exhibit "8." ITS will extend the
enterprise Microsoft agreement to the CRA PCs to provide proper coverage of licenses, upgrades
and support. Other services such as firewall protection and anti-virus software with automatic
updates will apply to the CRA network environment. The City of Boynton Beach will also extend
the GIS enterprise software cost savings to the CRA to access to GIS data from the city's
network by installing GISMO on two PCs. The GISMO application has the ability to view and
run inquiries for GIS relates layers
7
eRA Technical Services
Rev. 11-06-02
Item Model Number Serial CRA Monitor Location
Number Number Type
PC's express code
DELL PC Intel@, Pentium@, 4 CPU, 1.80GHz. 1.79GHz, 512 MB RAM 6B63T11 SSCRA 002 Tube Ste. 103 - ShuWanda PeoDles
DELL PC Intel@, Pentium@, 4 CPU. 1.80GHz. 1.79GHz, 512 MB RAM 1 B63T11 SBCRA 003 Flat Panel Ste. 103 - Robert Reardon
DELL PC Ootiplex GX280. Intel @, Pentium @, 4CPU, 2.80 GHz, 2.79 GHz, 504 MB of RAM JDZ5Z51 SBCRA 005 Tube Ste. 103 - Bookkeeper
DELL PC Intel @. Pentium @. 4 CPU, 3.2OGHz, 3.19GHz, .99 GS RAM 1BLP831 BBCRA 007 Flat Panel Sle. 103 - Maraee Adelsperoer
DELL PC Intel @, Pentium @, 4 CPU, 3.2OGHz, 3.19GHz, .99 GB RAM 8MSZG81 SSCRA 008 Flat Panel Ste. 103 - Lisa Bricht
DELL PC Intel@ Pentium@, 4 CPU. 1.80GHz, 1.79GHz, 512 MB RAM BH2PZ11 BBCRA 001 Tube Ste. 107 - Stacey Gallup
DELL PC Intellil). Pentium @, 4 CPU. 3.20GHz, 3.19GHz. .99 GB RAM BMSZG81 BBCRA 009 Flat Panel Ste. 107 - Vivian Brooks
Dell PC Intel@, Pentium@, 4 CPU, 3.20GHz, 3.19GHz, .99 GB RAM JLL2L61 BBCAAOO6 Ste. 103 - Robert's Office
SERVER DELL PE830, Pentium, R4 Dual CPU 3.6 GHz, 2GB RAM 3VZFH81 CRA1 Flat Panel Ste. 103 - Server rack
SCSI Drive RAID 5 (3x Drives)
Windows 2003, MS SOL 2000, Backup Exec 10.0, Incode Central, E-Trust AV
laoe Drive Quantum - L TO 3 sinale loader Ste. 103 - Server Rack
Printers HP LaserJet 1022 CNBC56M04F Ste. 107 - Stacev Gallup's Desk
HP Color InkJet CP1700 SG34Q5112Z Ste. 103 - Maroee Adelsoeraer's Desk
HP LaserJet 4100N 8120-8381 Ste. 103 - Robert Reardon's Desk
HP LaserJet 4250 05401A Ste. 103 - Usa Brfaht's Desk
HP LaserJet 4650N JPBGB17158 8te. 103. ReceDtion
Dymo LabelW riter 330 93037-0002738 Ste. 103. Bookkeeper's Desk
Dvrno LabelWriter 440 Ste. 103 - Robert Reardon's Desk
CODierfPrlnterJ
Scanner tmaQisticslPitnev Bowes ZD65 4100121 Ste. 103 - Back Room
Fax/CoDier/ Ste. 103 - RecElolion
Printer/Scanner Brother MFC-6800 U56580E2J334445
Scanner HP ScanJet Document Feeder CN26N1AORG 8te. 103 - Bv Maroee's Desk
Plotter HP DesianJet 500 - Model C7769B SG4C28107B Ste. 107
EXHIBIT B
eRA Equipment List