R21-025 1 RESOLUTION NO. R21-.C1'33
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE BOYNTON BEACH
6 COMMUNITY REDEVELOPMENT AGENCY FOR TECHNICAL
7 SUPPORT SERVICES; AND PROVIDING AN EFFECTIVE
8 DATE.
9 WHEREAS, the City of Boynton Beach ITS department has been providing technical
10 support to the CRA since 2006+ under several consecutive Interlocal Agreements (R06-53,
11 R11-06 and R18-029) approved by City Commission; and
12 WHEREAS, the new ILA will be effective February 1, 2021 and continue until
13 terminated by either party to align with the CRA contract and agreement; and
14 WHEREAS, The ILA will allow the City's ITS department to continue to provide
15 services to the CRA in connection with the day-to-day operations of computer and network
16 technology systems; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff, deems it to be in the best interests of the City residents to approve and
19 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community
20 Redevelopment Agency for technical support services.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. Each Whereas clause set forth above is true and correct and incorporated
24 herein by this reference.
25 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
26 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
S:\CA\RESO\Agreements\ILA With CRA For ITS-Reso.Docx
27 Beach and the Boynton Beach Community Redevelopment Agency for technical support
28 services, a copy of said Interlocal Agreement is attached hereto as Exhibit"A".
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED this 16th day of February, 2021.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor— Steven B. Grant /
36
37 Vice Mayor—Ty Penserga _Z_
38
39 Commissioner—Justin Katz /
40
41 Commissioner—Woodrow L. Hay ✓
42 /
43 Commissioner—Christina L. Romelus ✓
44
45 VOTE 5 -0
46 ATTEST:
47
48
49 0 /!//A r_ff- // A _.
50 Tammy Stanzi, e
51 Deputy City lerk
52
53
54 (Corporate Seal)
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S:\CA\RESO\Agreements\ILA With CRA For ITS-Reso.Docx
R. D i - DD5
INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT SERVICES
This Interlocal Agreement for Technical Support("Agreement") is hereby entered into by and
between the Boynton Beach Community Redevelopment Agency(the"CRA") and the City of
Boynton Beach (the"City"), which are individually referred to as a"party"and collectively
referred to as the "parties."
WHEREAS, Part 1 of Chapter 163, Florida Statutes, as amended (the "Florida
Interlocal Cooperation Act"), permits the party, as public agencies under the Interlocal
Cooperation Act, to enter into interlocal agreements with each other to authorize one public
agency to exercise, on behalf of the other public agency,jointly held powers, privileges or
authorities which each such public agency shares in common and which each might exercise
separately, permitting the public agencies to make the most efficient use of their power by
enabling them to cooperate on a basis of mutual advantage and thereby provide services and
facilities in a manner and pursuant to forms of governmental organization that accords best
with geography, economy, population and other factors influencing the needs and
development of such public agencies; and
WHEREAS, the City and CRA have determined that it is mutually beneficial and in
the best interests of its citizens and residents to enter into this Agreement;
WHEREAS, the CRA and the City find that this Agreement serves a municipal and
public purpose and will help further the Community Redevelopment Plan through the
efficient use of resources;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
herein expressed, the party hereby agree:
1) Recitals. The recitals above are true and correct and are hereby incorporated herein as if
fully set forth.
2) Technical Support Services. The City agrees to perform the computer Technical Support
Services(the "Technical Support Services") in connection with the day-to-day
governmental operations of the CRA. The Technical Support Services are more fully
described in the document titled"Technical Support Services Provided," which is attached
hereto as Exhibit A and hereby incorporated herein. The CRA shall provide all materials,
equipment, and supplies necessary for the City to perform the Technical Support Services.
The CRA shall use its best efforts in cooperating with the City in providing the information
and documentation necessary to City in the performance of the Technical Support
Services.
3) Term. This Agreement shall be deemed effective as of February 1, 2018, and continue
until terminated by either party.
00933555-I
4) Payment. CRA shall pay City for the Technical Support Services as follows:
a. CRA shall pay City$25,415 for the first year of this Agreement, which
shall start on February 1, 2018.
b. The annual amount paid to the City for Technical Support Services shall
increase by three percent (3%),rounded to the nearest one cent, every
year after the first year until the Agreement is terminated. This increase
shall be effective starting February 1 each year.
c. Unless otherwise agreed by the parties in writing, invoicing and payment
for the Technical Support shall be made as follows:
i. The City shall invoice the CRA for the Technical Support
Services in in the first week of each quarter. Each invoice
("quarterly invoice") shall be for one quarter of the annual amount
owed to the City. The first quarter shall begin on February 1 each
year.
ii. CRA shall pay the City within 30 days of receipt of the quarterly
invoice. Payment of the quarterly invoice is deemed to be for
Technical Support Services provided the previous quarter.
iii. Regardless of the other terms of this paragraph, the CRA shall
have 30 days after both parties have executed this Agreement to
make the first payment due under this Agreement.
d. The payments described in this section shall be full compensation for all
work performed and services rendered.
e. The parties agree that should the demands on City increase as a result of
additional work stations of the CRA, additional employees of the CRA, or
changes to the CRA hardware or 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) Termination. Either party may terminate this Agreement for any reason or no reason by
providing thirty(30) days written notice to the other party. Termination without cause
shall be without liability to the terminating party. In the event this Agreement is
terminated, the CRA shall pay the City, within 30 days of termination, the pro rata sum for
Technical Support Services performed prior to the Agreement termination.
6) No Discrimination. The City shall not discriminate against any person on the basis of
race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation, or
disability for any reason in its hiring, promotion, firing, or contracting practices associated
with this Agreement.
7) Compliance with Laws. In the performance of the Technical Support Services under this
Agreement,the City shall comply in all material respects with all applicable federal and
state laws and regulations and all applicable Palm Beach County, City, and CRA
ordinances and regulations, including ethics and procurement requirements.
8) Immunity; Indemnification. 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.
Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which
00933555-1
sovereign immunity may be applicable. Nothing herein shall be construed as consent by the
City or CRA to be used by third parties in any matter arising out of this Agreement or any
other contract. This section shall be without prejudice to the rights of any Party to seek a
legal remedy for any breach of the other Party as may be available to it in law or equity.
Notwithstanding the foregoing, to the extent possible without waiving sovereign immunity,
the City shall indemnify, save, and hold harmless the CRA, its agents, and its employees
from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted,
claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any
property damages or personal injury, including death, sustained by any person whomsoever,
which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to
negligent or wrongful conduct or faulty equipment (including equipment installation and
removal) associated with the Technical Support Services. This paragraph shall not be
construed to require the City to indemnify the CRA for its own negligence, or intentional acts
of the CRA, its agents or employees. To the extent permitted by law, each party assumes the
risk of personal injury and property damage attributable to the acts or omissions of that party
and its officers, employees and agents.
9) No Partnership, Etc. The City and the CRA agree nothing contained in this Agreement
shall be deemed or construed as creating a partnership,joint venture, or employee
relationship. It is specifically understood that the City and its employees, subcontractors,
volunteers, and agents are independent contractors and that no employer/employee or
principal/agent is or shall be created nor shall exist by reason of this Agreement or the
performance of Technical Support Services. The City will exercise its own judgment in
matters of safety for itself and its employees, subcontractors, volunteers, and agents.
10)Non-Exclusivity. This Agreement is considered a non-exclusive Agreement between the
parties. During the term of this Agreement, the CRA shall have the right to purchase
services that are the same as or similar to the Technical Support Services provided for in
this Agreement from any other source.
11)No Transfer. The City shall not subcontract, assign, or otherwise transfer this Agreement
or its responsibilities hereunder to any individual, group, agency, government, non-profit
or for-profit corporation, or other entity.
12) 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. Either
party may elect to waive any provision of this Agreement so long as such waiver is permitted
by all applicable laws, statutes, ordinances, rules, and regulations and is made in writing to
the other party.
13)Notice. Whenever either Party desires to give notice to the other, such notice must be in
writing and sent by United States mail, return receipt requested, courier, evidenced by a
delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the Party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the party designate the following as the
respective places for giving of notice.
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CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
CRA: Michael Simon, Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach, Florida 33435
Copies To: James A. Cherof
Goren, Cherof, Doody& Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tara Dully, Esquire
Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
14)Severability. If any part of this Agreement is found invalid or unenforceable by any court,
such invalidity or unenforceability shall not affect the other parts of the Agreement if the
rights and obligations of the parties contained herein are not materially prejudiced and if the
intentions of the parties can continue to be achieved. To that end, this Agreement is declared
severable.
15)Entire Agreement; Amendments. This Agreement represents the entire and sole agreement
and understanding between the party concerning the subject matter expressed herein. No
terms herein may be altered, except in writing and then only if signed by all the parties
hereto. All prior and contemporaneous agreements, understandings, communications,
conditions or representations, of any kind or nature, oral or written, concerning the subject
matter expressed herein, are merged into this Agreement and the terms of this Agreement
supersede all such other agreements. No extraneous information may be used to alter the
terms of this Agreement.
16)Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement
shall be governed by, and construed and enforced in accordance with, the laws of the State of
Florida and the United States of America, without regard to conflict of law principles. Venue
and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the party
expressly agree and submit.
17)Public Records. The City and the CRA each shall maintain their own records and
documents associated with this Agreement in accordance with the requirements set forth in
Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges,
expenses, and costs incurred in accordance with generally accepted accounting principles.
Each Party shall have access to the other Party's books, records and documents as required in
this Agreement for the purpose of inspection or audit during normal business hours during
the term of this Agreement and at least 1 year after the termination of the Agreement.
18)Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section
163.01(11) of the Florida Statutes.
19)No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any
rights in any third parties that are not signatories to this Agreement.
20)Interpretation. This Agreement shall not be construed more strictly against one Party than
against the other merely by virtue of the fact that it may have been prepared by counsel for
one of the party.
(SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws of
the State of Florida
e/ _
By: , / da
Steven rant, or
ATTEST:
oot.yity Clerk
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Approv-. :s to A
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City A orney ili
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a p .lic agency
organized and ex' 'n: .nde the 1404, the State of
Florida
By: /AP' '
Steven Grant, Chair
Approved as to form:
CRA Attorney
00933555-t
EXHIBIT A
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 Resolution Time
Customer
1-Critical Business Halted Updates every 30 Until Fixed
minutes
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
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