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R03-067 II RESOLUTION NO. R03-0f0'1 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 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 an Agreement, providing for technical support in connection with the day-to-day governmental operation of the CRA; and 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 approve, and authorizes the City Manager to execute an Agreement 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, a copy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. .fJ~ nsultant - CRA-Techical Support 0411 03.doc R03-0fo 7 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 up to two 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/RW. Technical support response-resolution parameters are based on problem severity and impact on business operations. Severity Code Customer Impact Service Response to Resolution Customer Time 1 - Critical Business Halted Immediate updates Until Fixed every 30 minutes. 2 - Urgent Business Impacted 2 - 4 Hours 4 Hours 3 - Important Non-critical I - 3 days I - 3 days 4 - Request Normal Business 3 - 5 days 30 days 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 "B". 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 "B". 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 related layers. H:\1998\980465\AGMT\CRA Technical Svcs Att A.doc Exhibit "B" CRA Hardware and Software Inventory HARDWARE Item Manufacturer Model Serial Number CPU (Complete System) Dell Ootiplex GX240 6B63T11 CPU (Complete System) Dell Optiplex GX240 IB63Tll CPU (Complete System) Dell Optiplex GX260 BH2PZll Laser Printer HP 4100N SUSLNF07140 InkJ et Printer HP CP1700 SG252311 QB Scanner HP 5490 CXI C9850A Digital Camera HP PhotoSmart 318SE C8900A Label Writer Dymo Labelwriter 300 S~90791-0015398 Ethernet Hub Nortel 16-Port 00625 IT HUB Sisco Systems 1700 Series IPM3MOODRA SOFTWARE Microsoft Windows XP Microsoft Office XP Professional suite GISmo/GISweb CAS Microsoft Project 2000 1 C:\Docurnents and Settings\vielhauers.OOO\LocaI Settings\Ternporary Internet Files\OLIOC\CRA Technical Svcs Att A.doc RO~-Ob 7 EXHIBIT "e" AGREEMENT TECHNICAL SUPPORT THIS AGREEMENT, made and entered into this ~ day of ~, 2003, 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, on behalf of its Information Technology Services Department, having the address, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to as "ITS"). WHEREAS, at its meeting of -!M;'" i I 15 , 2003, the City of Boynton Beach approved entering into this Agreement wit the CRA, providing for the prOVISIon of technIcal support services by ITS to the CRA; and WHEREAS, at its meeting of March 11,2003, the CRA Board approved entering into an Agreement with ITS; 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 ITS do mutually agree as follows: 1. PROJECT DESIGNATION. ITS is retained by the CRA to perform computer technical services in connection with the day-to-day operations of the CRA. 2. SCOPE OF SERVICES. ITS agrees to perform the services, identified in the "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 ITS to perform said services shall be the responsibility of CRA. CRA shall use its best efforts in cooperating with ITS in providing the information and documentation necessary to ITS in the performance of the Technical Services under this Agreement. 1 C:\Documents and Settings\vielhauers.OOO\Local Settings\Temporary Internet Files\OLK3C\CRA Technical Services-2003I.doc Rev. March 13,2003 3. TERM. Work under this Agreement shall commence upon the giving of written notice by the CRA to ITS to proceed ("effective Bate"). This Agreement shall terminate upon mutual agreement of the parties hereto or upon thirty (30) days notice of intent to terminate from one party to the other. 4. PAYMENT. ITS shall be paid by the CRA for services rendered under this Agreement as follows: a. ITS shall be paid the sum of Twelve Thousand ($12,000.00) Dollars for the first year of this Agreement. b. CRA shall pay the annual amount owed to ITS, in four equal installments at the beginning of each quarter. The first quarter shall begin on the first (1st) day of the month following the month in which the written notice to proceed as provided for in Section 3 is given. c. The annual payment to ITS shall increase by three (3%) percent for each year this Agreement is renewed, said increase to 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 or services rendered. e. The parties agree that should the demands on ITS 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 ITS shall renegotiate the annual fee paid under this Agreement upon receipt of a written request from ITS to renegotiate. 5. COMPLIANCE WITH LAWS. ITS 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. INDEMNIFICATION. Each party agrees to be responsible for its own acts, omissions, and negligence, and the acts, omissions, and negligence of their respective employees, agents, and servants. Nothing in this Agreement is intended to be construed as a waiver of the protections, limitations, and immunities afforded the parties pursuant to Section 768.28, Florida Statutes. 2 C:\Documents and Settings\vielhauers.OOO\Local Settings\Temporary Internet Files\OLK3C\CRA Technical Services-2003l.doc Rev. March 13, 2003 7. INDEPENDENT CONTRACTOR STATUS. a. ITS 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, ITS shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. ITS 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. ITS 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 ITS hereunder from other sources during the term of this Agreement. 10. ASSIGNMENT. ITS 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. 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, ITS shall be paid the pro rata sum for services performed, or if prepaid, ITS would return to the CRA the pro rata sum paid in advance. 3 C:\Documents and Settings\vielhauers.OOO\Local Settings\Temporary Internet Files\OLK3C\CRA Technical Services-20031.doc Rev. March 17,2003 13. DISPUTES. Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated in the courts of Palm Beach County, Florida. Further, this Agreement shall be construed under Florida Law. 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: Douglas Hutchinson Notices to ITS 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 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 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 ITS 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 ITS 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. 4 C:\Documents and Settings\vielhauers.OOO\Local Settings\Temporary Internet Fi]es\OLK3C\CRA Technical Services-20031.doc Rev. March ]3,2003 18. 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. 19. 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. 20. 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. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this 15 dayof~fr\1 ,2003. CITY OF OYNTON BEACH COMMUNITY REDA OPMENT AGENCY ilL- =~CH Ci+1 MAN~ ATTEST/AUTHENTICATED: 5 C:\Documents and Settings\vielhauers.OOO\Local Settings\Temporary Internet Files\OLK3C\CRA Technical Services-2003 I .doc Rev. March 13,2003