R02-078A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A JOINT APPLICATION
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND GOVERNMENT
TECHNOLOGY RESOURCES (GTR) FOR THE
DEVELOPMENT OF A HUMAN RESOURCES
APPLICANT TRACKING SYSTEM IN THE AMOUNT
OF 96,000; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, due to the fact that the original vendor, HTE, was
~nable to furnish the City with an automated applicant HR system, staff
investigated other options; and
WHEREAS, two separate RFP's were prepared to seek a possible
to the HR application needs with no success; and
WHEREAS, staff has recommended that we enter into this
reement with Government Technology Resources (GTR) to develop an
:ed applicant tracking system for the Human Resource
WHEREAS, the City Commission, upon recommendation of staff
determined that it is in the best interests of the citizens and
'ees of the City to enter into an Agreement with Government
gy Resources, for the development of a human resources
tracking system in the amount of 96,000 as a "Sole Source"
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 a Joint Participation Development Agreement between the City
of Boynton Beach, Florida and Government TechnologY Resources (GTR)
a copy of said
for the development of a applicant tracking system,
Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution will become effective
upon passage.
PASSED AND ADOPTED this / y of May, 2002.
I City Clerk - ~/~'TL~
(Corporate Seal)
S:ca/reso/ag reements/GTR
immediately
CITY OF BOYNTON B..EACH, FLORIDA
r~ice Ma~or
Commissioner
Governmenf Technology
RESOURCES
Joint Application Development Agreement
CUSTOMER NAME AND ADDRESS:
Agreement Number: 1010
Date: 05/'15102
City of Boynton Beach
'100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
(Customer named above is hereinafter referred to as "Customer")
THIS GOVERNMENT TECHNOLOGY RESOURCES, INC. JOINT APPLICATION DEVELOPMENT AGREEMENT (the
"Agreement"), is made and entered into this 15th day of May, 2002, by and between GOVERNMENT TECHNOLOGY RESOURCES,
NC. ("GTR") of 13501 Ingenuity Dr. Orlando FI. and Customer.
GTR and Customer agree that all services to be provided by GTR to Customer hereunder shall be fumished only under the
terms and conditions of this Agreement and its "Schedule (s)".
WHEREAS, GTR is a technology product and service firm specializing ~n government sector providing certain technology software
products and services that GTR has developed and owns, and
WHEREAS, Customer has special knowledge of the govemment software solution requirements and desires to participate in a Joint
Application Development Project (JAD) with GTR and
WHEREAS, GTR desires to participate with Customer in the JAD Project pursuant to the terms and conditions contained herein:
NOW THEREFORE, in consideration 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 Customer has requested and paid
therefor according to the terms and conditions as listed on attached "Schedule(s)", including, but not limited to,
license(s) to use the software component(s) programs and related documentation, 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 incorporated herein by this reference.
1.4 "Customer" means a participant and end-user of the software applications developed through the "JAD Project".
1.5 "Schedule(s)" means an attachment(s) to this Agreement, which is a part of this Agreement for all purposes.
1.6 "Components" means the base software Application(s) developed to which Customer has requested and paid therefor
according to the terms and conditions as listed on attached "Schedule(s)".
~. Application Development. GTR shall develop and provide to Customer those software Application ("Components") described
on the attached "Schedule(s)". The Application Components shall be for Customer's sole use and not for any third party.
2.1 Completion Date: GTR shall provide the Components to Customer by the date specified on the attached
"Schedule(s)".
2.2 "Needs Analysis" and "Specifications": GTR shall complete with Customer a thorough needs analysis and
specifications identification to fully comprehend the business process and software functionality necessary for the
development of the new software component(s).
2.3 Optional Services Assistance. GTR shall, if requested by Customer and a written Amendment to this Agreement is
executed by both Parties, provide optional services and customization deschbed on the attached "Schedule(s)".
3. Term of Agreement. This Agreement shall be effective upon execution by both parties and shall continue in force through
completion of services described in the "Schedule(s)" unless earlier terminated in accordance with the terms set forth herein.
4. Charges for Services. Customer shall compensate GTR for their services in accordance with those specifications set forth in
the attached "Schedule(s) ". GTR shall bill no costs or services to Customer which are not specifically set forth in this Agreement
or its attached schedule(s).
4.1 The Customer shall pay any applicable sales, use, excise, value-added, or other tax or governmental charges
~mposed on the licensing or use of the software Application component(s).
Government Technology
R E $ 0 U ~' C E S
5. GTR's Obligations. To assist Customer by developing the required applications as defined in the attached "schedule(s)" GTR
will:
5.1 provide all base software component(s) Applications, including changes, updates, and modifications thereto, and
services necessary for operation of said software developed by GTR during the JAD Project as defined on the
attached "Schedule(s)":
5.2 perform Needs Analysis and Specifications identification to fully determine the required functionality and processes
5.3 perform document Needs Analysis and Specifications and present to Customer for mutual acceptance
5.4 provide efficient communication, testing, and training accessibility during the JAD Project
5.5 provide project management services throughout the JAD Project
5.6 provide Application support and system support throughout the JAD Project.
5.7 either provide Customer with all source code produced pursuant to this Agreement or ensure that such source code is
placed in escrow and is provided to Customer in the event that GTR either dissolves, ceases to exist, goes out of
business, or for any other reason is unable to properly support the completed application(s).
6. Customer's Obligations. In order to enable GTR to perform its obtigations hereunder, and as a ,condition precedent to GTR's
obligations to perform hereunder, Customer shall:
6.1 within ten (10) days following the execution of this Agreement designate a pdmary and a secondary contact, including
telephone numbers and e-mail addresses;
6.2 exercise all due diligence in the performance of its obligations hereunder in connection with the execution of this
agreement.
6.3 provide the committed resources to ensure the accuracy and timely completion of all required Needs Analysis and
Specifications,
6.4 thoroughly review all Needs Analysis and Spedfications documentation and acknowledge and note mutual acceptance
thereof.
6.5 participate in all required testing and training as deemed necessary to ensure the compliance and adherence to all
required functionality and processes as defined and documented throughout the Needs Analysis and Specifications
process.
6.6 upon completion of software development project(s), a Software License and Service Agreement will be initiated
between the Customer and GTR for any software components developed under this Agreement or and attached
Schedules. Object code will be provided to the Customer and source code shall be held in escrow according to the
terms and conditions of the Software License and Service Agreement°
7. Representations, Warranties and Limitation of Liability.
7.1 GTR represents that it is the owner of all Applications developed by GTR and is authorized to license the right to the
use of such software component(s).
7.2 GTR warrants that the Application(s) will perform in substantial compliance with the requirements of the customer as
defined in the Needs Analysis and Specifications. GTR warrants that in the provision of services hereunder, GTR will
use employees, agents or contractors who are adequately trained and who possess the requisite skills and professional
knowledge to provide the development and support assistance in the development and utilization of the Applications,
7.3 In the event an Application is found to not substantially conform to its then-current documentation, Customer shall so
advise GTR and GTR shall diligently pursue resolution of the discrepancy between the Application and its
documentation.
7.4 IN NO EVENT SHALL GTR BE LIABLE TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING UNDER THIS AGREEMENT. In no event shall GTR be liable to Customer for other damages arising under
this Agreement unless such damages result from intentional misconduct or gross negligence on the part of GTR's
officers or employees, in which event GTR's aggregate liability under the Agreement will be limited to the lesser of
either (a) actual damages resulting directly from such conduct, or (b) the amount of Fees actually paid to GTR by
Customer hereunder this Agreement.
7.5 The Application component(s) software and documentation constitute an unpublished work and contain valuable trade
secrets and proprietary information belonging to GTR. THE PROVISIONS HEREOF ARE IN LIEU OF ALL
WARRANTIES, EXPRESS OR IMPLIED AND WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE.
8. Confidentiality of Customer's Information.
8.1 GTR acknowledges that Customer regards as confidential and as a proprietary asset any information or materials that
come to the attention of GTR by reason of (a) the presence of GTR's agents, employees, or representatives at
Customer's site, or (b) GTR furnishing services to Customer in connection with this Agreement (such information,
materials, and records collectively being referred to as "Customer's Confidential or Proprietary Information").
8.2 GTR agrees to safeguard Customer's Confidential or Proprietary Information by holding it in strict confidence, disclosing
it only to those employees, agents or contractors who have a need to know in order to provide services as agreed
upon. in the event that a subpoena or other legal process that in any way concerns Customer's Confidential and
Proprietary Information is served upon GTR then GTR agrees to notify Customer in the most exped tious lash on
possible following receipt of such subpoena or other legal process, and GTR wilt reasonably cooperate with Customer,
as requested by Customer, to contest the legal validity of such subpoena or other legal process (provided that
Customer agrees to pay any expense GTR incurs in so doing).
8.3 GTR agrees to take all reasonable steps to prevent the disclosure, publication or dissemination of Customer's
Confidential or Proprietary ~nformation to any other person or entity, except where and to the extent specifically
required by law.
Government Technology
F~ E S 0 U R. C ~- S
8.4 The provisions of this Section 8 shall survive termination of this Agreement.
9. Intellectual Property.
9.1 All computer programs, including the Applications, related documentation, written procedures, copies of transcripts,
aha similar items are proprietary to and shall be considered trade secrets and confidential information remaining the
property of GTR. Customer agrees that. other than those disclosures and records required to be made or maintained
pursuant to Florida's Sunshine Law, it will not disclose to any third party at any time (either dudng or after termination of
this Agreement) any trade secrets or any other secrets or confidential information learned by Customer in connection
with this Agreement. All documentation shall be returned to GTR upon termination of this Agreement. All odginal input
data items remain the property of Customer and will be retumed pursuant to Customer's instructions, so long as
Customer is not in breach of this Agreement. Customer shall retain or destroy all odginal input documentation and
other documentation in accordance with its own procedures.
9.2 The provisions of this Se~on 9 shall survive termination of this Agreement.
10. Termination.
10.1 This Agreement may be terminated by either party within the first 30 days after execution and thereafter upon 60
days written notice. Customer will pay all amounts due and payable under this Agreement to the effective date of
termination. Customer may retain the deliverables completed as of the date of termination.
10.2 In the event of a breach of this Agreement by either party that is not remedied within 10 days after delivery of written
notice of such breach, the aggrieved party may terminate this Agreement by written notice to the other.
10.3 Upon termination of this Agreement for any reason, the parties shall use their best efforts tc retum to the other party, in
an ordedy and expeditious manner, such information documents, and other tangible and intellectual property that
belongs to that party
10.4 Customer's obligation to pay any and all fees or other monies hereunder shall survive termination of this Agreement.
11. Notices. Any notice, request, demand, or other cemmunicaUon required or permitted hereunder will be given in wdUng,
communication charges prepaid, to the party to be notified. All communications will be deemed given when received. The addresses
for the parties for the purposes of such communicaUon are:
If to Customer
If to GTR:
To the address shown on Page 1 of this Agreement.
Govemment Technology Resources, Inc.
13501 Ingenuity Ddve, Suite 100
Odando, Flodda
A'CrENTION: Contracts/Legal Counsel
A party may change its address only upon wdtten notice to the other party in which case this Agreement will be deemed to have been
so modified.
12.Governing Law/Dispute Resolution. This agreement shall be govemed by, cons'~'ued, and enforced under and in accordance
with the Laws of the State of Flodda. In the event of any litigation arising under or construing this Agreement, venue shall lie only
in Palm Beach County, Florida. Pdor to either party commencing any legal action under this Agreement, the parties agree to try
in good faith, to settle any dispute amicably between them. If any dispute arises between the parties either relating to this
agreement or in any way arising out of this agreement then the complaining party shall provide a notice of such dispute, in wdting,
to the other party. Such notice shall include both a specific description of the disputed issues and suggested action(s) to remedy
such dispute. The Parties shall thereafter attempt, in good faith, to settle such dispute. If no resolution of the dispute is reached
within forty-five (45) days of the notice of dispute, then either party may pursue any legal remedy it may have available including
instituting suit in a court of competent jurisdiction.
13. Assignment. Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to
the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and
the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto.
14. No Third Party Beneficiaries. This Agreement gives no rights 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 performance of this Agreement if such failure
adses out of causes beyond its reasonable control. 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, weather, epidemics, quarantine restrictions, stdkes, 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 control. The party so affected will resume performance as soon as practicable after the force majeure event terminates.
16. Contractual Documents. This Agreement, along with i.ts attached "Schedule(s), contains the complete agreement between the
parties with respect to the subject matter hereof. No additional representations, agreements or modifications or amendments to this
Agreement hereafter made by a party shall be binding upon either party unless a wdtten Amendment to this Agreement is entered
into by the parties.
govern inoJogy
R E E S
17. Entire Agreement. This Agreement and attached "schedule(s) contain the entire understanding of the parties with respect
to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties
relative to its subject matter.
18. Signature AuthOrity. Each party represents and warrants to the other that the signatory of that party is authorized to
enter into this Agreement for and on behalf of that party.
Accepted by:
By:
,/Authorized S gnature
Type or Print Name and Titl'e
Government Technology Resources, Inc.
or Print Name and Title
Date
Government TechnoJogy
r E S 0 U ~ C E S
SCHEDULE "A"
Scope of Services/Task
Task/Services:
1. JAD Project Participation for the following software Application component(s).
· Applicant Tracking System
· Needs Analysis and Specification identification
· Component Implementation and Training
Description of work: Develop and Implement an Applicant Tracking system (base compone~nt)
Duration: The duration has been estimated at 8-12 weeks elapsed time.
Deliverables: Applicant Tracking System
Product Definition:
Internet Browser-based Applicant Tracking System (preliminary)
· Ability for an applicant to see the current open job posting from the Intemet and be able to attach resumes to the job
application.
· Applicant would create a profile then be allowed to submit applications for as many job postings, as they want. The
profile or questionnaire will include such items as age, sex, race, date opened, date closed, resumes, etc. They should
be able to go back and see the status of their application and to review any test scores. They should also be able to
change their profile at any time. Status changes will need to be recorded.
· The applicant can also view or down load the extended job description of any job. They will also be able to up load
things such as resumes,
· The human resource department will have the ability, from the applicant, to view all jobs that they have ever applied for.
· View all applicants that have applied.
· HR department will have the ability to select one or all applicants and create a document merge with Word, to send
letters and will have a notes area that can be attached to applicant.
· Be able to attach documents and images to an applicant, job posting or to a job description.
· Enter the cost and description of where the job was advertised.
· Questions on the application so the HR department can compare the effectiveness of different advertisements.
· User-friendly system that can be accessed under proper security levels for viewing and modifications to data.
· Provide data stream for statistical reporting and interfaces to forms, letters, searches, etc.
· HR department will be able to assign dates and times to a job applicant to schedule interviews and tests.
· Results of the test will be stored on the applicant's record and can be view by them over the Intemet.
· A software manual describing functionality is to be provided.
· Pdnt a listing by date and department showing the daily schedule of interviews.
· Department heads will have the ability to view the applicant data for the job postings.
· Upon completion of this software development project, a Software License and Service Agreement will be completed
between the Client and GTR for the Applicant Tracking System. Object code will be provided to the Client and source
code shall be held in escrow according to the terms and conditions of the Software License and Service Agreement.
Resources: GTR resources and Customer resources. Customer provides the application and database servers and related
operating systems, and report writer software product and license, if applicable.
Cost: $5,000 (Software Development Cost for base product component)
75% paid at time of contract signing ($3,750)
25% paid upon completion and customer signoff of project completion ($1,250)
Customer shall pay to GTR, for JAD Project Participation and development and delivery of all Base Components
specified in Paragraph I of this Section, a total amount of five thousand dollars ($5,000). The parties
understand and agree that such amount represents the total amount of compensation payable by Customer to
GTR for any and all services rendered, costs incurred, and materials provided pursuant to this Agreement unless the
parties agree to and enter into a written Amendment to this Agreement.
Government Technology
R m' S 0 U I~ C ~ ,5
Cost:
$15,000
(Software Cost for base product component)
100% due and payable upon delivery and acceptance of the Web Content Management System (Portal) to
the City of Boynton Beach.
Timing: The product is available for delivery upon execution of this Exhibit.
Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a period of one year from date of base component
product delivery to the City. Should City not be satisfied with the base corn ponent product(s) dudng the one-year period, GTF~ w~t
return to the City the dollar amount paid for such base component product(s) that do not meet the City's satisfaction.
Accepted by:
City of
(Title)
,2002
Accepted by:
Government Technology Resources,
(Signature)
(Title)
(Month, Day) (Month, Day)
,2002
Ai~pRO~ED AS 1'0 FORM:
Government Technology
r e S 0 U R C E $
SCHEDULE"D"
Services:
Scope of Service/Task
1. JAD Project Participation for the following software Application component(s).
Compensation:
1.
· Code Enforcement
· Building Permits
· Business Licenses
· Planning & Zoning
Needs Analysis and Specification identification
Component Implementation and Training
Interface support
Costs for JAD Project Participation and Base Component Development and Delivery
· Code Enforcement Base Component $6,250
· Building Permits Base Component $6,250
· Business Licenses Base Component $6,250
· Planning & Zoning Base Component $6,250
Total $25,000
Needs Analysis and Specification identification
Component Implementation and Training
Included in JAD Project Participation Fee
Included in JAD Project Participation Fee
Customer shall pay to GTR, for JAD Project Participation and development and delivery of all Base Components
specified in Paragraph 1 of this Section, a total amount of twenty-five thousand dollars ($25,000). The parties
understand and agree that such amount represents the total amount of compensation payable by Customer to
GTR for any and all services rendered, costs incurrect, and materials provided pursuant to this Agreement
unless the parties agree to and enter into a wdtten Amendment to this Agreement.
5. Customer shall pay to GTR eighteen thousand, seven hundred, and fifty dollars ($18,750) at the time of
execution of this Agreement, such amount representing seventy five percent (75%) of the total amount of
compensation payable by Customer to GTR for JAD Project Participation and development and delivery of all
Base Components specified in Paragraph 1 of this Section. Customer shall also pay GTR six thousand, two
hundred, fifty dollars ($6,250) at the time of such delivery and acceptance of all Base Components specified
in Paragraph 1 of this Section, such amounts constituting the remaining twenty five percent (25%) of the total
amount of compensation payable by Customer to GTR for JAD Project Participation and development and
delivery of all Base Components specified in Paragraph I of this Section.
6. GTR provides the customer a Satisfaction Guarantee for a pedod of one year from date of base component
product delivery to customer for each base component product delivered. Should customer not be satisfied
with the base component product(s) dudng the one-year period, GTR will return to the customer the dollar
amount paid for such base component product(s) that dc not meet the customer's satisfaction.
7. Customer may request, through written Amendment to this Agreement, that GTR provide annual
maintenance services for the base components delivered through this Agreement. If Customer requests
such services, then GTR agrees that the annual amount charged by GTR to Customer for such services shall
not exceed 20% of the original software component purchase price,
Timing: The product is to be delivered upon an agreed upon delivery date between the City and GTR.
Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a pedod of one year from date of base component
product delivery to the City. Should City not be satisfied with the base component product(s) during the one-year period, GTR will
return to the City the dollar amount paid for such base component product(s) that do not meet the City's satisfaction.
Accepted by:
/~o'~zed Sjg~atur~/~' ' ~ ~
Type or Pdnt Name and Title -..J ) ' ;J
gate
By:
Government Technology Resources, Inc,
Authorized Signature
Type or Pdnt Name and Title
Date
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