R96-092RESOLUTION R96- ~'.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A DOCUMENT
MANAGEMENT SERVICES AGREEMENT FOR
TEMPORARY LABOR SERVICES FOR THE
INFORMATION TECHNOLOGY SYSTEMS (I.T.S.)
DEPARTMENT BETWEEN THE CITY OF BOYNTON
BEACH AND XEROX BUSINESS SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Information Technology Systems Department (I.T.S.)
has been seriously Short of help for the last several months; and
WHEREAS, Xerox Business Services, offers temporary help to supply
business solutions to the needs of organizations by providing technical labor or a
short term basis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an
Agreement between the City of Boynton Beach and Xerox Business Services, for
temporary labor services for the I.T.S. Department, said Agreement being attached
hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of July, 1996.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Clerk
(Co_-~rporate Seal)
ITS.Temo
6/27t9~'
~,or
missioner
Commissioner
/
XEROX BUSINESS SERVICES
DOCUMENT MANAGEMENT SERVICES AGREEMENT
This Document Management Services Agreement (")4reement") sets forth the terms and conditions upon
which The City of Bo3~uon Beach ("Customer" or '~ou") and Xerox Business Services ("XBS", "We", or
"Us"), a division of Xerox Corporation ("Xerox"), have agreed for X~S to provide document management
services ("Services") for you.
Xq3S will provide Services to you at the following location:
The City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Bo.~rtton Beach, Fl. 33425
.~h'. Dale Sugerman
(407) 375-6010
TERM
The term of this Agreement will be the 6 month period from July !, 1996 through December 31, 1996. ff
you and XBS mutually agree to begin Services partially and/or early, we will bill you on a'pro rata basis,
based on a 30-day billing month and the terms and conditions of this Atp~ement will apply.
PRICING
Pricing for the Services provided under this Agreemen~ is displayed in Exhibit I. Such pricing is based
upon information furnished by both parties that is b~lieved to be accurate and complete. If such
information should prove to be inaccurate or incomplete in an5' ,,m~a__.terial respect, the parties will negotiate
in good hith to make appropriate adjustments to tho provisions, Services, or pri_'cing under this Agreement.
PERFORlVlANCE STANDARDS
XBS will provide Services in accordance with the Pgrformance Standards ("Standards") as mutually
agreed to and set forth in Exhibit II to this Agreernefit. If you believe that we are not performing in
compliance, s~Sth the Standards, you will notify. XBS in x, xiting of the specific non-performance, and
authorized representatives of both parties will meet to discuss these issues. We will then correct any non-
performance within 30 days of notification [rom you, provided, however, if we fail to do so, you may
terminate this Agreement without incurring Early Termiflation Charges.
SERVICES
In performing Services under this Agreement:
a.. Personnel
We will provide sufficient XBS-trained persognel to perform the Services established pursuant to
(i) this Agreement anctJor as set forth in the Performance Standards.
(ii) XBS personnel performing Services under thi~ Agreement will perfoma. ~.n a pro, f, ess,on~...1 ma~. ~r
and ~511 comply with all of your applicable Security and safety regulataons. 'x ou vm~ prowae
copies, and any applicable updates, to us for communication to our personnel.
(iii) If you are dissatisfied with the perlbrmance of any XBS personnel, noti~ XBS of the specific
deficiencies in writing, and we will address these non-performance issues within 5 days. If you
remain dissatisfied with such peribrmance 'after ~e have taken remedial action, we will remove
such personnel and provide a replacement. If, i~,vour judgment, you believe that the actions of
such personnel warrants i~mnediate action, You will contact XBS and pro~4de the grounds for the
request and XBS will act accordingly.
(iv)
X33S shall be deemed an independent contractor and shall not act as, or be your agent or
employee. We will provide for and pay the compensation of XB,S.~ersonnel and be responsible
for pavrnent of ail t~es which an employer is required to pay r,lating to the ~-nnployment of
employees, including worker's compensation. You will not be liable to Xerox, or to any _'KBS
per~qor~el, for our f~ilure to meet our compensation er tax obligations. We will indemnify,
defend and hold you harmless from and agains~ al1 such obligations and will comply with all
associated government regulations, including the tiling of all necessary reports and returns.
b. Equipment/Software
(i)
(ii)
We will provide an(i/or operate the Equipment/S~
Equipment in good working order during the ten
the Agreement, Equipment and Software provide
During the term of this Agreemen~ XBS will ha~
Equipment and software, artless caused by your n
If you are not totally satisfied with anY Xerox
.%~eement, at your request, we will replace iL
comparable machine with similar features and. ca
years from the original Equil~nent delivery, unle:
event it will be effective during the enth'e term
years from the original Equipment delivery. Thi~
been continuously maintained by Xerox or its au
Equipment damaged or destroyed due to an Act
.ftware listed in Exhibit ~ and we will keep the
of this Agreement. Unless otherwise stated in
under this Agreement are the property of XBS.
re the risk of loss or damage to this XBS-owned
;gligence or willful acts.
Equipment installed at your location under this
without charge, with an identical model or a
aabilifies. This Guarantee will be effective for 3
.s this Agreement is for a longer period, in which
of the Agreement., but in no event longer than 5
Guarantee applies only to Equipment which has
thorized representatives, and is not applicable to
ff God.
Supplies/Materials
Standard supplies, (toner, developer, fuser agent, and staples), required to make $ 1/2" x 11"
nnpress,ons for Services prowded by XBS under th, s A?eement are ~ncluded. White, z0. Bond paper
and additional and/er non-standard supplies can be ordered and will be billed according to usage per
then-current X~3S supply prices.
BILLING AND PAYMI~NT
a. Invoices are payable upon receipt. You shall pay to X~S all ~pplicable state and local taxes. These
taxes include, but are not limited to, sales and use, r~mtal, ex¢jse, gross receipts, and occupational or
privilege taxes. Exemptaon from tax payment will l~e allowe~l upon presentaUon of apphcable stat~
and/or local proof of exemption. You ,MI1 not be responsible for any taxes based on Xerox net income.
CONFIDENTIAL INFORMATION
While we are performing Services for you under this Agreement, we will not disclose your confidential
business, information,, _ . which, may become known to ~us' while' performing Services ("Confidential
lxrtbrmatmn ). We will instruct .'KBS personnel providing Services that they shall not remove any of your
documents or your other materials and that they shall not 'disclose any Confidential Information to any
persons other than your personnel, unless you authorize us in writing. Our obligations hereunder do not
apply to any Confidential Information which 0) is in the public domain prior to, at the time of, or
subsequent to the date of disclosure to us through no fault of ours, (ii) was rightfully in our possession free
of any obligation of confidentiality, or (iii) was developed by Xerox employees or agents independently
of and without reference to any of yom Confidential Information.
PURCHASE ORDERS
If you issue a purchase order under this Agreement, the Agreement number identified on the signature page
of this Agreement will be referenced on its face, and the purchase order will be subject solely to the terms
and conditions of this Agreement, notwithstanding ansxhing contained in the purchase order which is at
variance with or additional to this Agreement,
INDEMNIFICATION,~LIMITATION OF LIABILITY
a.
In the event, and to the extent, any negligent act or act of omission of XBS or Customer, or their
respective, employees, agents or representatives causes (i) damage to or destruction opproperty of the
other part3' or third parties, and/or (ii) death or injury to any person, then such party shall indemnify,
defend and hold the other party harmless from and against any and all claims, including reasonable
attorneys' fees and expenses, which are brought as a result, provided that the party to be indemnified
gives the indenmifying party reasonable notice and the opportmqity to defend.
You agree that you wilt not direct us to perform Services under this Agreement which would constitute
an infringement of cop~ight or other intellectual property fights. If a third party brings a claim against
Xerox for copyright infringement or othe~' intellectual property rights infringement arising from our
performance of Services at your direction under this Agreement, you agree to indemnify, defend at
your expense, and hold Xerox harmless, provided we give you timely notice and cooperate with you in
the defense.
Neither part3y will be liable to the other for indirect, special, punitive, consequential or incidental
damages, such as loss of use, revenue or profit, whether arising due to a breach of this Agreement, in
contract or in tort, (including, but not limited to, negligence), or under any other theory.
10. DISPUTE RESOLUTION
a. In the event of any dispute between us regarding perfonnance under this Agreement, and prior to the
commencement of any formal proceedings, the parties will attempt in good faith to reach a negotiated
resolution by designating a representative of appropriate authority to resolve the dispute. If the matter
has not been resolved within 60 days of a party's request for negotiation, either party may initiate
mediation as provided below.
If the dispute has not been resolved by negotiation as provided above, the parties will attempt in good
faith to settle the dispute by mediation under the Center:..for Public Resources CCPR") Model
Procedure for Mediation of Business Disputes. The neutral tli~d party will be selected from the CPR
Panels of Neutrals, with the assistance of CP~ unless the parties agree othervdse.
11. ASSIGNMENT
Neither parry, may assign this Agreement or its obligations hereunder without the prior written consent of
the other party, ~vhich consent shall not be unreasonably' withheld: provided, however, Xerox may assign
any of the XBS-Owned Equipment without notice to or consent of Customer. If Xerox assigns any XBS-
Owned Equipment, Xerox shall remain primarily obligated with respect to it and any claim or defense that
Customer may have regarding it may only be asserted against Xerox, and not agaimt any assignee.
12. GOVERNING LAXV
This Agreem,,-mt will be governed by the laws of the'state in which the Se~'ices are provided.
This Agreement is the complete 'agreemcm between us and supersedes all prior written or oral agreements
regarding the Sen4ces. In the event the parties want to make any changes, the Agreement will be amended in
~riting and signed by both parties.
<Custoltler>
Xerox Business Services
Signalure Signature
Title Title
Data Dare
Exhibit 1 Labor Only:
Position:
Duration:
Hourly Rate:
Monthly Rate: $8000 per mouth for 4 months, $7500 Per month for 6 months commitment
Interim ITS Director
4-6 Months Renewable upon mutual agreement
Position: Network Administrator
.~.
Duration: 3-5 weeks
Hnurly Rate: $23.00 $33.75 OT
Position:
Duration:
Hourly Rate:
Software Support Specialist
3-5 weeks
$37.50 $56.25 OT
The duties of the positions identified above have been previously disclosed and will be included as part of
the Performance Specifications of this XBS Document Management Services Agreement..
RECEIVED
OFFICE
XBS
~OUTH
OPS
05-818-4.60
' ~Ul'.4 05'96" 15:00 N°.OO4-.P.02
of avhicwmcm in dcvvi~mrn~ ~p~n~ion m~fl sup~ of inf~l~ sy~cms. Svp~ior org~l~tlmtal ablltti0s~
Well-develop stmt~gic planned and ~al~l~! skill Pro~ssional, ~ova~, creative, a~8ntive to detail, bottom-
line ori~mod,
SOLID WASTER AUTHORITY OF PALM BEACH COUNTY
W~sl Palm B~aeh, Florida
1995-
· Impi~m~nl~d a re. cords manasemem pra~ in ~plian~ w~ Finds ~amos, wmte provedu~ and
po]i~ie~, and ~oordina~ ~ah~ing.
lde~ti~ al~omat~ informaiion ay~ma i.clodlng c]~oni~ ~a~g, COLD ~d mi~aphi~, a~istcd in thc
~vatumivn ~d selection of ha~wa~ ~d so~a~.
OFFICE DEPOT, pelray, Florida
Manttger, Document Services
Implem~.nte~AH based, optical imaging system for Human ltesoUr~¢s to sorvice corporate and 500 store.
Ongoing evaluation of ~om and ~tomor n~o~, upgr~ing ofh~d~ and so~e.
Suaceagfuily complet~ b~ktog conve~ion of 59,000 ~ployee ~a m el~ronie images in 8 months,
Documen~ ~ fully indexed ~ ~ady for a~ss 24 ho~ after
Adm~istered a dambaae ~f 1.4 million ~a~.
Wrme ~liei~ and pro.dams, ~oordina~d ~g ofu~s.
Workin~ o~ in,ogling E-mail w~h o~i~l imag~g to eliminate orea~o, of paper d~um~ts and
the workflow,
N~tional Council on Compensatlnn Insurance, Boca l~ton, Florida
Manager, lnforltuttton Resources
~' lnformatwn ,~y,~Wm,v
191~3.1994
D~.weloped and implemented pilot projea using E-mail ~o publish and 0istribute form and documems,
lustalled on.li,c eicet~nic publi~g syst~ for v~i~s m~uals and ~blicalions.
Analyzed thc fcasibili~ of using cl~tr~ic imaged to fom'a~ docamema m dam en~ ven~or, r~ulfin~
reduc~ casts ~d expediting ~maround time on ~y~ ~ta.
Developed and administ~ a pilot pmje~ to share doo~enl~ with ii~ld offices using imaging.
Member of aorporate ima$1n$ ~nm l.o ~onv~ war, rs ~pcnsation ~o]ici0s to cloct~ni~ imaging.
Record, Management
R~ponsible for all aspecB of R~ords Management Program, ~n~luding developed mid implemented
~lici~/proe~ures and s~t s~rds to e~um cou~ admbsibil~y iand ~mp]i~ with federal, state and
regulat0~
Coordinmed document discover,, provided litigation support to Legal De~ent and l~fifiM
~mplem~nl~ a fo~s con~ol program
Initiated 1he co~orate Di~atcv Re~v~, Priam. wrote ~olicy a~d Orocodures. m~r
Business Recow~ Team.
SOt TI-I FL _iP~
ID:30~-818-~560
3'UN 05' 96
15:00 No,O04 P.03
NCC1, continu0d
impl0menled stato.0f4hv-arts c~ntral filing operation us~g ~ck movable ~ equipm~t, color
cod~ ~d ~mput~d ~ of r~rd~.
p~gmms.
D~lop~ and ~dministered ref~n~ library ~t ~sistvd of ~c ~fo~nti~ ~basos ~nd CD-
ROM pubtic~fions for comp]~ l~g~ ~d bus~vss ~fv~u,ation S~rches including federal and state
Administrative Management/Contract Adm in~stration
Developed and eDordinated the OSHA saf0ty and hazardousl material program for all offices
Keau College--Union City, New ]era~y
* Implomonled c~pu~d atud~t
8tare ofR~o~e Islan5 - Governor's O~e~ ~vlden~, ~ode Isled
nationally.
Developed and evaluated bid proposals for oquipm~t and services, including computer hardware and
SOftWarO. ;
Managed projects, deveiol:~l budg~ and fe~ibility studies, supervised professional m~d clerical staff.
1982- ! 95 ~
1979-1982
DirectOr, Public Records
· Wrote and seemed passage of~e Rhode Island Public Kecards A&nhfistration Act (Statute 32-3).
· Developed stale-wide public records programs for state, municipal!and local age,ties.
· V/rotc grant proposals and ~ared f~derai funding in ex.ss of $2 ~illion.
Kelly Institute, St, French College, Brooklyn, New York
A~.~istant Dit~etm' and A~Dlst
, Adminislered ~he Brooklyn County Archives dating back to the fi~e original aettlomente.
1978-t979
New Haven Historical College, New Hav~n, Conn~fiout
.4rcltfi,i~
1975-1975
Edueatton
B.A. -- Alberta,, Magnus COllege, New Haven, Conneeticxlt
M,A. -- St. John's University, Jamaica, New York
Ph.D. -- St. ,lohn*s University, Jamaica, New York
Professtonot Affllltttlott$
· C~rtified Records Manager (CRM)
ARMA--Aaaoeiation of Records Managers and Administrators
· AllM--A~oeiation oflmase and Information Management