R02-112 RESOLUTION R 02- i I~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH
GOVERNMENT TECHNOLOGY RESOURCES, FOR
THE DEVELOPMENT OF CODE COMPLIANCE,
BUILDING PERMITS, BUSINESS LICENSES,
COMMUNITY INSPECTION AND PLANNING AND
ZONING SOFTWARE APPLICATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Department of Development is currently evaluating
several automation enhancements designed to tmprove the level of
:ustomer service provided by our divisions; and
WHEREAS, through enhanced automation, the department
~nticipates reproved services, communication and information
Jissemination through WEB enabled services; and
WHEREAS. the City Commission, upon recommendation of staff has
determined that it is in the best interests of the citizens and employees of
lhe City to enter into an Agreement with Government Technology
Resources for a sole source purchase for the development of Code
Compliance, Building Permits, Business Licenses, Community Inspection
and Planning and Zoning software applications in the amount of $25,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
.~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
:lorida does hereby authorize and direct the Mayor and City Clerk to
~xecute an Agreement between the City of Boynton Beach, Florida and
3ovemment Technology Resources. A copy of that Agreement is attached
!
. hereto and made a part hereof.
' Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this o~. day of July, 2002.
&TTEST:
~_.~-Gof~m iss~"~ n er
.Commissioner
~ioner
2
SCHEDULE"D"
Scope of Service/Task
JAD Project Particnation for the following software App ication component(s).
Code Enforcement
Building Permits
Business Licenses
Planning & Zoning
2. Nescls Analysis and Specification identification
3. Comaonent Imnlemen~ation and Training
4. nter~ca Supped
Compensation:
Ces[s for JAD Project Partisipation and Base Component Development and Delivery
Code Enforcement Base Component $6.250
Building Permits Base Component $6.250
BusineSs Licenses Base Component $6.250
P[ansing & Zoning Base Component $6,250
Total $25,000
2. Need~ Analysis and Specification identtiication nc[uded in JAD Project Participation Fee
3 Component implementation and Training ]nc uded n JAD Project Pa~icipation Fee
4 Customer shsil pay to GTR, for JAD Project Padic~patJon and devsiopmbnt and dsiivery of all Base Components
specified n Paragraph 1 of ths Section atota amouht of twenty-fiv~ thousand de am($25000,). The p~raes
understand and agree that such amount represents the tstsl amount of compensation payable by Customer to
GTR ~or anyand ali services rendered costs incurred and mater a s provid~l pursuant to this Agreement
unless the padies agree to and enter, id'~ a'writtsn Amendment to this Agreement.
5. Customer shall pay to GTR eignteen mousana, seven hundred, andflf~J dollars ($1~,750) at the time of
executier of th!s Agreement, suco amount representing seventy five percent (75%).of the total amount of
compensation payable by Customer to GTR for JAD Project Participation and deve opment and de Very of al
Base Comp°n~nt's spe~ed in Paragraph I of this Sec§~n. Customer shall also pay GTR six thousand, two
hundred f :~/do ars ($6 250) at the time of such de very and acceptance of a B~se Corn onents sec fled
in Paragraph I of th~s SecUon, such amounts conshtst[ng the remaining t~enty~ve percent ('25%) of the tota
amOUrqt of compensation payable by Customer to GTR for JAD ProJect Participation and development and
de veryofa BassComponentsspecfed n Paragraph 1 ofths$~:,'ton. ~
6. GTR provides the customer a Sat sfac[ on Guarantee fora per od of one year from date of base component
p oduct dehvery to customer for each base component product dehv~red. Shou d customer not be satisfied
with the base c~mponent preduct(s) during the one-year:period GTF~ ~ll'retdrn tothe custome~ the do ar
amouht paid for such b~se component product(s) that do n~ meet th;' customer's satisfaction.
7. Customer m~y red,est, through written Amendment to th'is Agreemer~t, that G~'R provide annua
maintenanca s~rvideS for the base components delivere~ through fh ~ Agreement. if Customer requests
such services, tl~e~ GTR agrees that the annual amount charg~ by G~R;t0 Custome~ for such services shsil
not exceed 20% of the edgina] software component purchase pdca.
Timing: The product is t(~ be delivered upon an agreed upon delivery aate between the City and GTR.
Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a period of one year,from date of base component
product delivery to the Cit~. Should Cit~' not be satisfied with the base component pro(Ju~t{s) dudng the ;one-year period. GTR will
return to the City the della~' amount patti for such base component product(s) that do not meet the ~ity's satisfaction.
Accepted by;
A~'~odzed S~gnatur~-
Authorized Si~hature ~
Type or Print Nafae and Tifie J ' ~ Type or Print Nar~e and Tifie ~
'RECEIVED
PROCUREMENT SERVICES
Joint Application Development Agreement
CUSTOMER NAME AND ADDRESS:
Agrsement Number:
Date: 05/15/02
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
(Customer named above ia hereinafter referred to as "Customer")
THIS GOVERNMENT TECHNOLOGY RESOURCES, INC. JOINT APPLICATION DEVELOPMENT A6REEMENT me
~Agree~ed?,, is made and entered into this 15th day of May, 2002, b~ and between GOVERNMENT TECHNOLOGY RESOURCES.
INC. (' GTR ) of 13501 ingenuity Dr. Odando FI. and Customer.
GTR and Customer agree that all services to be provided by GTR to Customer hereunder shati be fumished only unaer me
terms and conditions of tflis Agreement and its "SChedute (sT.
WHEREAS, GTR is a technology product and service firm speciatizing in government sector providing certain technctogy software
oroducts and services that GTR has developed and owns. and
WHEREAS, Customer has speciat knowledge of the govemmem software solution resuiremente and deeiree to pattts~pate in a Joinl
Application Developmen{ project (JAD) wi~ GTR and,
WHEREAS GTR desires ~o carflcioate with Customer in the JAD Projec~ pursuant to me terms and conditions contained neraln:
NOW THEREFORE ~n censiderat]on of the mutual promises contained herein, it is agreed to as follows:
1. Definition of Terms. As used herein:
1.1 "Application(s)" means the base software component(s) developed to which Cus~'ner nas requested and parc
therefor according to the terms and conditions as listed on attached "Schedule(s)", including, but not timited to.
license(s) to use the software cemponest(s) programs ana relatee eecumentation, and any modifications thereto.
1.2 "Agreement" means this JAD Agreement including all schedules attached hereto
1.3 "JAD Project" means the development of specific software applications as defined in the 'Schedule(s)" attached
hereto and incoreerated herein by this reference.
"Customer" means a par~ccoant and end-user of the software apphcations deve~opee mrough the 'JAD Project'.
1.5 "Schedule{s)" mean~, an asechment(s) to this Agreement, which is a part of this Agreement for ail purposes.
1.6 "ComponeAts" means the base software Application(s) developed to which Customer has reeuested and paid therefor
according to t~e terms and conditions as listed on attached "Schedule(s)".
2. Application Development. GTR shall deveiee an~ prowde to Customer those software Application ¢Comeenentsq aescnsea
on the attached "Schedu[e(s)". 'f"ne Application Components shall be for Customer's sole use and not for any third party.
2.1 Completion Date: G,TR shall orovide the Comeenents to Customer by the date specified on the attached
"Schedule(s)".
2.2 "Needs Analysis" and "Specifications": GTR shall coral: eta with Customer a thorough needs analysis ane
specifications identifice§on to fu y comprehend the business crecess and software f~nctionality necessary for the
development of the new software cemeenent(s).
2.3 Optional Services Assistance. GTR shall, if requested by Customer and a written Amendment to this Agreement ~s
executed by both Pa~es, provfde optional serv~cas and customization described on the attached ~Schedule(s)".
3. Term of Agreement. This Agreement shall be effective upon execution Dy both Dar[les and shall continue in force through
completion of services dlesedbed n the "Schedule(s)" unless eanler ~ermtnated in accordance with the terms set forth herein.
4. Charges for Se~icee. Customer shalJ compensate GTR for their services in accordance with those spedificetions set for~n m
the attached 'Schedule(s) ". GTR-shall bill no costs or services to Castemer which are not spedflcetiy set forth in ti' s Agreement
or its attached schedule(s).
4.1 The Customer shall pay an~ applicable sales, use, excise, value-added, or other tax or govemmenral charges
imposee on me Hcensmg or use o[ the software App[icabon component(s).
5. GTR's Obligations. To assist Customer by developing the required applications as defined in the attschecl "scheduJetsl" GTR
provide all base software component(s) ApplicatJons, including changes, updates, and medificatJons thereto, and
servic~ s necessary for operation of said software develeeed by GTR dudng the JAD Project as defined on the
attached "Schedule(s)":
5.2 per~orm ',leeds Analysis and Specifications identification to fully determine the required functJonalit~ and processes
5.3 per~orm document Needs Analysis and Specifications and present to Customer for mutual acceptance
5.4 provide efficient communication, testing, and training accessibili~ du,fing the JAD Project
provide project management services throughout the JAD Project
5.6 provide Application support aha symern suppa~ mroughout the JAD Project.
5.7 ei~qer pro,~de Customer with all source code produced pursuant to this Agreement or ensure t/~at such source code is
placed n escrow and is provided to Custome~ in the event that GTR eider dissolves ceases to exist gcas out of
business, or for any other reason is unable to propedy support the completed application(s).
6. Cust0mer's Ob igatim3.~ Iq order to e~ab~ GTR to perform its obligations hereunder, and as a condition precedent to GTR's
obligations to pedorm her~uncier, Customer shall:
6.1 within tsn ('i0) days following the execution of this Agreement designate a pdmary and a seconda~ contact, including
teleph(~ne dumbera and e-mail addrassas;
6,2 exercise ail due diligence in the ,performance of its obliga§ons hereunder in connection wffh the execution of this
agreement
6.3 prowcLe the'commtited resources [o ensure me accuracy end timely completion of all required Needs Analysis and
Specificet~ns.
6.4 thorou~.qhly review all Needs Anatysis and Spedfications documentation and acknowledge and note mutual accaptsnca
thereof.
6.5 particiPate In all required testing and l~aining as deemed necessary to ensure the compliance and adherence to ail
reqpired ~Jac~onatity and processes as defined and'douumented throughout the Needs Analysis and Specifications
prodasS
6.6 ~pon co,m, ~letion of software development project(e), a Software License and Service Agreement witt be initiated
~e~ib~ Customer Sod GTR for a~3y sof~ar~ components developed under this Agreement or and attached
Sch~Jglas~Object code w~]l be provided to the C~ustomer and source code shall be held in escrow according to the
[en~s and conditions of the Software License and Service Agreement.
Limitation of Liability,
GTR and is authorized to license the nght to the
use
7.1
7.2
7.3
7.4
7.5
Soecificefions. GTR warrants that in the provision of services hereunder, GTR will
~re adequately tsained and who possess the requisite skills and arofassienal
to not substantially cenfurm to its then-ourTent documentation, Customer shall so
pursue rasdution of the discrepancy between the Application and its
under
negligence on the par~ of GTR's
event GTR's aggregate liabiJity under the Agreement will be limited to the lesser of
from such conduct, or (b) the amount of Fees actually paid to GTR by
to GTR. THE PROVISIONS
FITNESS OR OTHERWISE.
8.1
8.2
8.3
confidential and as a propdetar~ asee~ any information or mafadals that
Jresenca of GTR's agents, employees, or representatives at
kgreement (such informatton.
, Information").
~onfidential or Proprietary Information by holding it in sa'icl confidence, disclosing
Jr contractors who have a need to know in order to pro.cie ssrwcas as agreed
concams Customer's Con~dential and
then G'iR agrees to nedf'/Customer in the mast excediJJous fashion
nd GTR will reasonably cooperate with Customer,
of such subpoena or other legal process (provided that
, ~ublication or dissemination of Customer's
pad~ally
8.4 The srovisions of this Section 8 shall survive termination of this Agreement.
9. totellectual Property.
9.1 Ail comouter programs, including ~e ADDliCations related documentation, wdtten procedures, copies of ttanscdp~
and simiiar items are propne~ery CO and shall be considered ttade secrets and confiden§a[ information remaining the
oroDer[y of GTR. Costorner agrees that. other than those disdeeures and records reoulred to be made or maintained
pursuant to Florida's Sunshine Law, ~t will not disclose to any third party at any time (either during or after termination of
this Agreement) any t~de secrets or any other secrets or confidential information learned by Customer in connection
~m th~s Agreement. All documentation shall be retumeq to GTR upon terminatton of this Agreement Ail original input
data ~tems remain the proper~ of Customer and will be returned pursuant to Customer's instrections, so tong as
Customer is not in breach of this Agreement. Customer shall retain or destroy all original input documentation and
other documentation in aCCOrdance with its owr DreCe~ures
9.2 The provisions of this Section 9 shall survive termination of this Agreement.
10, Termination.
10.1 This Agreen3ent may be terminated by either part'y within the first 30 days after execution and thereafter ucon 60
days wdtten notice, Custo~ner will pay all amounts due and payable under this Agreement to the effective date of
ter~nination, Customer may retain the deiivembiee completed as of the date of termination.
10.2 fa the event of a breach of this Agree,,mant by either party that is not remedied within 10 days after delivery of written
not(ca of s,lch breach, the aggrieved party may terminate this Agreement by written notice to the other.
10.3 Up0n termination of this Agreement for any reason, the partes shall use their best efforts to retum to the ofher party, in
an ordedy and expeditious manner, such information, deeumanta, and other tangible and intellectual property that
belongs to that Paw
10.4 Customer's~)bligatton to pay any and all fees or other monies hereunder shall survive termination of this Agreement.
11. Notices. Any eetice, request, demand, or other communication required or permifted hereunder wilt be given in writing,
communication charges propa[d, to the party to be notified All =:~mmunications will be deemed given when received. The addresses
for the partes for the purposes of such communication are:
f to Customer
If to GTR:
To the address shown on Page ' of this Acjmemen[
Government Technology IRssour~ee, Inc.
13501 ingenuity Ddve. Suite 100
Odando, =lorida
ATTENTION: Contracts/Legal Counsel
A party may change its address only upon written notice to the other part~ in which case this Agreement will be deemed to have osen
so modified.
12.Governing Law/Disp~Jte Resolution. This agreement shall be governed by, const]-ued, and enforced under and in accordance
with the Laws of the State of Ftodda. In the event of any litigation adsing under or construing this Agreement, venue sha e on y
in Palm Beach County, Ftedda. Pdor to either party commencing any legal action under this Agreement. the parties agree to by
in good faith, to settle an[y dispute amicably between them. If any dispute ansee De[ween the parties either relating to this
agreement or in any way arising out of this agreement then the complaining party shati provide a notice of such dispute, in writing,
to the ~ther party. Such notice shall include both a specific descdetion of the disauted issues and suggested action(s) to remedy
such (3~sputo. The Partes shall thereafter attempt, in geed fa[th, to se~e such dispute, if no resclution of the dispute is reached
within forty-five (45) days of the notice of dieeure then either party may pursue any legal remedy it may have availabte including
3stJtuting suit in a court of competent jurisdiction.
13. Assignment. Neither party shall have the power to assign any of the duties or dghte or any claim arising out of or related to
the Agreement, whether acs]rig in tort, contract, or otherv,~se v4thout the wntten consent of the other part~,. These conditions and
the entire Agreement are binding on the heirs, successors, an(] assigns of the pa~es hereto.
14. No Third Party Beneficiaries. This Agreement gives no dghts or benefits to anyone other than GTR and Customer.
15. Force Majeure. Neither party shall be in default by reason of any failure in the parformanos of this Agreement f such fa ure
adees out of ceusee beyond its reasonable contact. Such causes may include, but are not limited to, acts of God, acts of the public
enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be
excused, fires, flood, wea~er, epidemics, quarantine restrictions, sthkes, freight embargoes, failure of transmission or power supply,
mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its
sole conttol. The party so affected will resume performance as seen ss precticeble after the force majeure event terminates.
16. Contractual Documents, This Agreement, along with its attached "Schedule(s), contains the c~-nplete agreement betv~en the
paraee with respect to the subject ma~er hereof. NO additional represema~ons, agreements or modifications or amendments to this
Agreement hereafter matte by a pady shall be binding upon either party unless a wdtten Amendment to this Agreement is entered
into by me par~es.
17. Entire Agreement. This Agreement and attached "schedule(s) contain the entire understanding of the Dames wm respec[
to its suDJect matter, and supersedes and e~nguishee all pdor oral and wdtten communications between the parties
relative to its SUDject matter.
18. Signature Authority. Each party repreeen~s ana warrants to the other that the signatory of that party is authorized to
enter into this Agreement for and on behalf of that part~/.
Accepted by:
By:.
Government Technology Resources. Inc.
Type or Print Name and Tire
Type or Print Name and T~tJe
Date i ' Date
Government Technology
R E S 0 U R C E S
TO:
RE:
DATE:
FROM:
City of Boynton Beach
Peter Wallace, Director of information
Sole Source Document
May 9, 2002
Dennis Harward, GTR
13501 Ingenuity Drive
Suite 100
Orlando, FL 32826
Phone: 407.277.0176
GTR has created an Enterprise Content Management system (ECM) that will
allow the City to manage all Web content from a single source. E-government
capabilities such as Utility Payments and Job Applications are an integral part of
this system and do not require the integrated of numerous legacy systems.
GTR is the only vendor that is building totally new Java-based applications that
can utilize existing enterprise data that is stored on the AS/400. The Company is
working with several south Florida municipalities in a process called Joint
Application Development (JAD) that allows agencies to share the cost of
developing new applications, Currently, Delray Beach and Deerfleld Beach are a
part of several JAD projects.
The management of GTR has more than twenty years of experience in
developing and implementing thousands of local government applications,
this reason, GTR offers a money-back guarantee on all projects.
For
In addition, GTR does not require Customers to commit to expensive software
maintenance agreements. The software has a lifetime warranty against defects
and enhancements are provided on an as-needed basis. This wilt significantly
reduce the total cost of ownership on all new software developed by GTR.
Wallace, Peter
From:
Sent:
To:
Cc:
Subject:
Tolces, David [dtolces@cityatty.com]
Wednesday, May 08, 2002 10:12 AM
Wallace, Peter
Lamanna, Rosemarie; Cherof, James
Government Technology Resources
Peter:
I reviewed the proposal from Government Technology Resources ("GTR"}.
Pursuan5 ~o Section 2k56 of the City's Code, you are required to advertise a
request for bids for all purchases of persenal property and services in
excess Df S25,000.00 GTR's proposal as it currently exists is in excess of
S25,000.00. Therefore, unless you can establish that GTR is the "sole
source" for the sevices and products desired, which would resul5 in an
exception from the bidding rec/uiremenEs, you will have no go ouE Lo bid for
the products ~nd services currently proposed no be provided by GTR,
If you have any further requests or ~uestions, please call.
David
David N. Tolces
David N. Tolces, Esq.
3oren, Cherof, Doody & Ezrol, P.A
> Suite 200, 3099 E. Commercial Boulevard
· Fort Lauderdale, FL 33334
> Telephone: {954) 771-4500 Facsimile: {954 771-4923
> email: dtolces@cltyatty.com
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