R14-045 1 RESOLUTION NO. R14 -045
,2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR
5 INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
6 BETWEEN THE CITY OF BOYNTON BEACH AND THE
7 COMMUNITY REDEVELOPMENT AGENCY (CRA);
8 AUTHORIZING THE CITY MANAGER TO SIGN THE
9 INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE
0 DATE.
11
12 WHEREAS, the City's Information Technology Services Department has been
1 13 providing technical support to the CRA since 2006 under a previous Interlocal Agreement;
1 and
r 15 WHEREAS, that Agreement has expired and the new Agreement is similar to the
h previous Agreement in that it contains an initial three (3) year term, with options to extend
17 the Agreement for two (2) additional three (3) year terms; and
,
1 WHEREAS, the City Commission of the City of Boynton Beach, upon
s recommendation of staff, hereby deems it to be in the best interests of the citizens and
• residents of the City of Boynton Beach, to approve a three (3) year Interlocal Agreement for
, 1 Technical Support, providing for technical support in connection with the day -to -day
governmental operation of the CRA.
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
being true and correct and are hereby made a specific part of this Resolution upon adoption
: hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
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1
hereby approve the Interlocal Agreement for Technical Support between the City of Boynton
Beach and the Community Redevelopment Agency (CRA) of the City of Boynton Beach,
providing for technical support in connection with the day -to -day governmental operations
of the CRA for an initial term of three (3) years.
Section 3. The City Manager is hereby authorized to sign the Interlocal
. Agreement for Technical Support on behalf of the City of Boynton Beach, a copy which is
j • attached hereto as Exhibit "A" and incorporated herein by reference.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 3` day of June, 2014.
VOTE CITY OF BOYNTON CH, FLORIDA
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• Vi•'i ayor - Joe Case lo
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ATTEST: Commissioner — Michael . Fitzpatrick
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Ja , et M. Prainito, MMC
ity Clerk
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ti r o N
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INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
THIS INTERLOCAL AGREEMENT, made and entered into this day of
, 2014, by and between: f
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF BOYNTON BEACH, FLORIDA, a public agency, having the
address, 710 North Federal Highway, 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 June 10, 2014, 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 June 10, 2014, the CRA approved entering into an
Agreement with CITY; and
NOW, THEREFORE, IN CONSIDERATION 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 ". 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. This Agreement shall take effect upon the termination of that certain Interlocal
Agreement for Technical Support dated February 28, 2006, approved by the City in
Resolution R06 -053 and twice since extended by the Parties for two three year
extensions, the second of which is reflected in and approved by CRA resolution No. 11-
06 ( "Effective Date "). 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 Twenty Three Thousand Four Hundred Eighty Six
($23,486.00) Dollars for the first year of this Agreement.
b. CRA shall pay the annual amount owed to CITY, in four equal installments at the
beginning of each quarter. The first quarter shall begin on the first (1 day of the
month following the month in which the written notice to proceed as provided for
in Section 3 is given. The CRA shall pay, and the CITY may invoice payments to
facilitate fiscal year end billing.
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 February 1 each annual anniversary 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 Interlocal 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
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
Interlocal 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 pay or
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 of the 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.
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12. TERMINATION. This Agreement may be terminated for convenience or cause by
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
710 North Federal Highway
Boynton Beach, FL 33435
ATTN: Vivian Brooks, Executive Director
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
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
ATTN: John McNally, ITS Manager
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
4
or provision of the Agreement. Any void provision shall be deemed severed from the
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.
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22. RECORDING. This Agreement shall be recorded in the public records of Palm Beach
County, in accordance with the Florida Interlocal 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
day of ,2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print name: , Chairman
ATTEST:
Print name: , Secretary
Approved as to form:
Kenneth G. Spillias, CRA Attorney
CITY F BOYNTON BEACH
A ho 4 l/t
Lori LaVerriere, City Manager
Attest:
t.,(..,,, t
, - bh qt.T e' y C c PAC T a
es . J t Prainito, City k (CITY ' " '(
Approved as to form: CO 2
G
Office of the City • ttorney
DNT:dnt
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22. RECORDING. This Agreement shall be recorded in the public records of Palm Beach
County, in accordance with the Florida Interlocal 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 WIT SS O THE FOREGOING, the parties have set their hands and seals this
/ day of ,( , 2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: /7V
Print e: Je ' ayl , Chairman
A ST:
/ �.e
Print name:" ji, fit '
Apps, -d as to fo :
i ..
K- f1 - G. Spi lia C Attorney
CI ' OF BOYNTON BEACH
Lori LaVerriere, City Manager
Attest:
Janet Prainito, City Clerk (CITY SEAL)
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
CRA 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 staff members.
Technical support will include support for the CRA's server and storage, firewall, router,
network equipment, personal computers, printers and peripherals, City of Boynton Beach
enterprise software (Active Directory, Exchange email, SunGard /HTE Naviline, etc.) and
CRA specific software.
Support will also include use of the GIS Division's ESRI software and access to GIS staff for
training, education and support of ESRI and other GIS -based software.
Other services such as use of the City's security policies, anti -virus software, Windows
automatic update policies will apply to the CRA computing and network environment.
Technical support services include unlimited technical support during normal business hours
(Monday through Friday, 8:00 AM to 5:00 PM), as well as access to ITS on -call personnel for
emergency issues during non - normal business hours.
The City of Boynton Beach will utilize change management policy to address any
configuration changes to the CRA servers, PCs, peripherals, printers, and network
environment.
Technical support response and resolution parameters are based on problem severity and
impact on business operations. Our service level agreement parameters are listed below and
will be adhered to by our staff for this support engagement.
Severity Code Customer Impact Service Response to Customer Resolution Time
1- Critical Business Halted Updates every 30 minutes Until Fixed
2- Urgent Business Impacted 2 -4 Hours 4 hours
3- Important Non - Critical 1 -3 Days 1 -3 Days
4- Request Normal Business 3 -5 Days 30 Days
RESOLUTION NO. 14 -04
A RESOLUTION OF THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY,
AUTHORIZING THE EXECUTION OF AN AGREEMENT
FOR TECHNICAL SUPPORT E ETWEEN THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY
AND THE CITY OF BOYNTON BEACH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) and
the City of Boynton Beach (City) entered into an Interlocal Agreement for Technical
Support on February 28, 2006 for an initial term from February 1, 2006 through January
31, 2009 and two three -year extensions, both of which have been exercised with an end
date of January 31, 2015; and
WHEREAS, the Board of the CRA, upon recommendation of staff, desires to
enter into a new agreement for Technical Support with the City
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2. The CRA Board does hereby approve the Agreement between the
CRA and the City, providing for technical support in connection with the day -to -day
governmental operations of the CRA.
SECTION 3. The new Agreement will begin February 1, 2015 for an initial three
(3) year term from February 1, 2015 through January 31, 2018. CRA payments to the
City for technical support during the initial three (3) year term shall be as follows:
Year 1 2/1/15 — 1/31/16 $23,486
Year 2 2/1/16 — 1/31/17 $24,190
Year 3 2/1/17 — 1/31/18 $24,916
SECTION 4. A copy of this Resolution shall be affixed to the original
Agreement on file and incorporated herein by reference.
SECTION 5. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY BOARD, THIS 10TH DAY OF JUNE 2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: r—�
G erry T lor, C it
Approved as to form:
��.. .e/f1
K • n I eth G. s illi ,
C ' Attorney