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HomeMy WebLinkAboutR-2005-009 Protect Point Security 2005 RESOLUTION NO. 2005-009 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A ONE YEAR AGREEMENT WITH PROTECT POINT, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR A ONE YEAR SUBSCRIPTION FEE FOR VIRUS PROTECTION OF $2,200.00 AND A MONTHLY FEE OF $600.00 WITH THE SOLE PROVIDER, PROTECT POINT; AUTHORIZING THE AGREEMENT TO PROVIDE NETWORK SECURITY SERVICES TO INCLUDE A MANAGED FIREWALL, MANAGED INTRUSION DETECTION, MANAGED GATEWAY VIRUS PROTECTION, MANAGED GATEWAY SPAM ERADICATION AND MANAGED CONTENT FILTERING FOR THE CITY'S NETWORK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has determined that services provided by Protect Point for the City of Dania Beach are necessary for the protection of the City computer system; and WHEREAS, Protect Point will provide the City of Dania Beach Network Security Services to include a managed firewall, managed intrusion detection, managed gateway virus protection, managed gateway spam eradication and managed content filtering for the city's network; and • WHEREAS, the cost for these services will be $2,200.00 for the one year virus eradication subscription fee and a monthly fee of$600.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to execute the agreement between the City of Dania Beach and Protect Point, a copy of which is attached as Exhibit "A". Section 2. That the City Manager is authorized to pay a yearly virus eradication subscription fee of$2,200.00 and a monthly amount of$600.00 over a one year period from the Information Services Budget to Protect Point, for the purchase of Network Security Services to include a managed firewall, managed intrusion detection, managed gateway virus protection, managed gateway spam eradication and managed content filtering for the city's network Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 11, 2005. C.K. C LYE MAYOR—COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES -LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES —YES MAYOR MCELYEA - YES APPROVED A T FORM AND CORRECTNESS BY: TH6VAs)J,.ANSBRO CITY ATTORNEY RESOLUTION#2005-009 s tvl U kr � xc PROTECTPOINT SECURITY, INC. SERVICES AND EQUIPMENT CONTRACT AGREEMENT ' �( G This Agreement is made and entered into this date: (Contract Initiation Date)between: City of Dania Beach ProtectPoint Security,Inc (ProtectPoint) 100 W. Dania Beach A Florida Corporation Dania Beach,FL 33004 6300 N.E. I"Ave Suite 200 Fort Lauderdale, Florida 33334 and sets forth the terms and conditions entered into by both parties: Customer Representation: ProtectPoint Contract Representation (Name) Chuck Cook (Name) Brian Herman (Phone#) (954)924-3737 (Phone#) (954)315 2569 x 214 (E-mail) ccook(a�ci.dania-beach.fl.us (E-mail) bherman a,protectpoint.com 1) Service— PROTECTPOINT shall provide services as described and specified in the Services Section, The CONTRACT SIGNING DATE shall be defined as the date of execution(signing)of this contract WITH receipt of full initial payment required from customer. The CONTRACT EFFECTIVE DATE shall be dependent upon the date of service(s)installation(s)and DEFINED as the date of full connection of all services. The CONTRACT TERM(12 months) and CONTRACT BILLING will begin from the Contract Effective Date. The Service LevelAgreement attached to this contract is a part of the contract and is incorporated in its entirety into this contract by this reference. a)installation of Service(s)-PROTECTPOINT shall contact Customer to schedule installation date at the customer location(s). At this time, Customer shall agree to a firm date for which installation of service(s)will be made and agrees to have: 1) Customer location/facility in ready state for install, 2) Provide Customer Premise Equipment(CPE)as required, 3) Maintain relevant personnel as necessary for the installation of service(s). In the event,for any reason whatsoever,Customer fails to meet(above)customer obligations at the agreed upon firm date for installation and/or changes installation date,Customer is solely responsible and liable for all costs incurred by PROTECTPOINT in connection with Customer service(s)from the original agreed-upon Installation date. These cost(s)may include,but are not limited to,service charges,administrative fees,cancellation fees AND the recurring payment of the contracted service(s),regardless of whether Customer is fully installed or not. Such charges will be promptly assessed and submitted by PROTECTPOINT with payment due by Customer immediately upon receipt of billing. 2) Payment—Invoicing is to occur on a monthly basis and Customer agrees to make payment whereby all payment is due prior to the first day that services are to be provided(i.e.,the month billing period). Customarily,PROTECTPOINT will originate invoices on the 10"day of each month preceding the calendar month billing period for services,with terms Net 20 days. Failure of Customer to make monthly payment when due and within a five(5)day grace period thereafter,shall constitute a default by Customer and shall entitle PROTECTPOINT to suspend and/or discontinue service without further notice. In addition,the maximum rate of interest allowable by law on any overdue payments,partial payments and/or unpaid balances will be assessed to Customer. Charges for returned and/or Non-sufficient funds(NSF) checks will be made in the amount of$50.00 by PROTECTPOINT to customer,but in any event,shall not limit those remedies available under Florida law for said returned or NSF checks. As applicable and required by statute,invoicing shall include all requisite taxes,and to which PROTECTPOINT is obligated to assess and collect on behalf of the govemment(s). Any calculation errors in assessment and/or tax rate changes requiring adjusted tax computations by PROTECTPOINT as necessary to accurately and properly collect taxes does not relieve Customer of its responsibility to remit tax payment(s)fully and timely. 3) Eguipment Usase/Lease/installment Sale-In the event Customer uses and/or leases(installment sale)equipment(s)from PROTECTPOINT,the following provisions will apply: a) Title—All equipment provided by PROTECTPOINT shall be titled to PROTECTPOINT at all times and for all purposes,marked and identified as property of PROTECTPOINT which markings and identification shall not be removed or altered by Customer. PROTECTPOiNT reserves the right to file UCC-1 statements with appropriate Stale agency naming PROTECTPOINT as lien holder until equipment is returned or paid off respectively. Customer will not cause,create,or suffer any claims,including but not limited to,any liens,charges,encumbrances,or security in terests in,on,or to the equipment(s)and will indemnity and hold PROTECTPOINT harmless from and against any loss,expense,or liability from such actions. Initials, -__�'_ProtectPoint Customer 1 i b) Usage—Customer shall utilize equipment(s)solely for the purpose as originally intended and protect the equipment(s)from any damage or loss of any kind. Failure to return equipment(s)when due and/or upon demand by PROTECTPOINT will result in an immediate payment by Customer for the full Fair Market Value(FMV)of said equipment(s)as determined by PROTECTPOINT. c) Insurance—During the term of such equipment(s)usage,Customer agrees to keep the equipment fully insured against damage and loss,naming PROTECTPOINT as the loss payee under a general liability insurance policy,to which Customer agrees to provide PROTECTPOINT evidence of such insurance. If Customer does not maintain its own policy,PROTECTPOINT has the right to obtain such insurance in which Customer agrees to pay for associated cost. . d) Full Payment—All provisions referenced above shall cease in the event and upon full payment for equipment(s)by Customer and with applicable transfer of title by PROTECTPOINT. 4) Indemnification/Limited Liability— a) Indemnification—Customer shall indemnify and hold PROTECTPOINT harmless from and against all liabilities,claims,damages,causes of actions,losses,expenses and judgments(including attorney's fees)arising out of,or in connection with,the services to be provided under this Agreement. The foregoing provisions shall not apply if PROTECTPOINT is grossly or repeatedly negligent in performing or failing to perform up to the service level agreement attached to this agreement. b) No Expressed or Implied Warranties-Customer acknowledges that PROTECTPOINT has made no expressed or implied warranties(whether oral or written),including those of merchantability or fitness,for any particular purpose with respect to the services contemplated by the Agreement and that all services are provided as is. c) Disclaimer for damages—PROTECTPOINT specifically disclaims any liability for actual,consequential or indirect damages suffered by Customer as a result of the operation,or malfunction of the service,or delay in implementation,reconfiguration,or repair of the service. d) No Warrant against interrupted operations of service—Specifically,PROTECTPOINT does not warrant against interrupted operations of service. However,PROTECTPOINT agrees to use its best efforts to provide uninterrupted services,excluding causes beyond PROTECTPOINT'S control. Notwithstanding the forgoing,PROTECTPOINT cannot be held responsible from performing its obligation when its services are delayed or hindered by war,riots,embargoes strikes,acts of God,or actions or inactions of third parties(including interruption of phone services)and in the event such performance is delayed by such occurrence,PROTECTPOINT shall have no liability to the Customer 5) Remedies-Customer's remedy for any failure or nonperformance of PROTECTPOINT connection service shall consist of full restoration of Service by PROTECTPOINT. In any event and against any claim and/or circumstance,regardless of the form of action,PROTECTPOINT's maximum liability for damages to Customer,or its authorized users,shal!be limited to the amount of charges paid by Customer for use of the Service under this.Agreement during the twelve month period preceding the date of such breach. PROTECTPOINT's remedy for any failure,nonperformance,or breach of this Agreement by Customer shall consist of liquidated damages as defined below: Liquidated damages—Customer acknowledges that the Terms,Conditions and Pricing of this Agreement have been established,based and dependent upon the complete fulfillment of the entire contractual term length(number of months)of the Agreement. Any event,failure,non-performance or breach by Customer that does not allow for,enable or satisfy the complete fulfillment of the entire contractual term length results in liquidated damages sustained by PROTECTPOINT. Customer further acknowledges that under such event,failure,non-performance or breach by Customer,that PROTECTPOINT is rightfully entitled to the full contract value,plus any past amounts due,any waivers of fees,free service months or special pricing discounts,cancellation fees,attorney fees,interest,and penalties. Additionally,if either Customer or PROTECTPOINT breach this Agreement,for any reason whatsoever,and Customer or PROTECTPOINT must pursue a claim,in a court of law or any other legal proceedings,Customer or PROTECTPOINT,as applicable agrees to pay for all costs of pursuing such claim,including,but not limited to all attorney's fees,court costs and • interest at the rate allowable by law.If Service(s)have not been performed by PROTECTPOINT at the time of the Breach(i.e.after Contract Initiation Date but prior to Contract Effective Date),at a minimum liquidated damages will consist of (i)cancellation fee assessments,and(2)Forfeiture of Customer Initial Payment. 6) Termination-PROTECTPOINT may terminate this Agreement,in its sole discretion,in whole or in part,or suspend the Service at any time upon: (a)any failure of Customer to pay any amount as due hereunder,(b)any Customer breach of any material part of this agreement,(c)any insolvency,bankruptcy, assignment for benefit of creditors,reorganization,liquidation,or proceeding or similar events with respect to Customer,or(d)any governmental or other regulation,that require alterations of the Services provided hereunder,or any violation of applicable law,rule or regulation. No such termination shall relieve Customer of its obligation under this Agreement. The rights and obligations of the parties shall survive such termination or other cancellations of this Agreement. 7) Customer Statement Issues—In the event Customer believes there is an error in their billing statement,a credit is due to their account,and/or maintains any other concern,Customer must make a written request to the Accounts Receivables Department via email at:billing@protectpointcom,or via U.S.mail. Such communication to PROTECTPOINT must occur no later than 45 days after the date which the error or problem occurred;otherwise Customer relinquishes the right to any credit. 8) Disputes—If any dispute or controversy arises in connection with this Agreement,whether such dispute arises before,or after the Closing,and the parties hereto are unable to settle the dispute or controversy themselves,PROTECTPOINT may choose to: a) Proceed to litigate its claim in a Court of Law with the parties agreeing that venue and jurisdiction shall be proper in Broward County,Florida. 9) Assignment-This Agreement may not be assigned or transferred by Customer or PROTECTPOINT without the prior written consent of the other party.. 10) Entire Agreement—PROTECTPOINT and Customer hereby agree and stipulate that this contract,along with its attachments and/or addendums,represent the entire agreement between the parties hereto,and it supersedes all prior written and/or oral communications that are applicable to the same service. Initials ProtectPoint Customer 2 v 11) Services Section— Services to be Provided Term QTY MRC NRC Subscription Cost'' Managed Firewall-MFW(1-16 IP's) 1 r 1 $200.00 Managed Intrusion Detection/Prevention- 1yr 1 $250.00 MIDPS (1-16 IP's) Managed Gateway Virus Protection —MGVP 1-50 users 1 yr 1 $50.00 $2,200.00 Managed Gateway Spam Eradication — 1yr 1 $50.00 MGSE (1-16 IP's Managed Content Filtering —MCF (1-16 IP's) 1 r 1 $50.00 Total Charges excludes all applicable taxes and SBH 1 yr 1 $600.00 $2 200.00* *Subscription Cost-- Annuallv recurrine license fee for Kasperskv anti-virus. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be duly executed as of the first day and year written above: City of Dania Beach ProtectPoint Securit Inc.: Duly Authorized Signature Author Date Duly Authorized Signature Authority Date Evan Pato City Manager Printed Name Title ATTEST: { Louise Stilson, City Clerk • �r Initials , �ProtectPoint Customer 3 Service Level Agreement Protectpoint will guarantee the following Service Level Agreement,hereafter referred to as "SLA"to all its Customers with term commitments of one or more years.The SLA offers the following guarantee: Managed Firewall: • 1. 24x7 Firewall Management and Monitoring 2. All email requests/changes will be responded to and/or completed within 30 minutes 3. All requests/changes received via phone will be completed with the client on the phone,unless otherwise instructed by client. 4. Daily updates of firewall software Managed Intrusion Detection: 1. 24x7 Real Time Monitoring and Reaction to all Intrusion Alerts 2. 240 Real Time notifications via email of Intrusion Attempts 3. 99.99%monitoring center uptime 4. Automatic daily updates of IDS signatures 5. In the event of a new high-severity vulnerability signature will be developed or attained and distributed to all ProtectPoint NSA's typically within 4 hours with a maximum of 24 hours 6. All Security Incidents are handled within 10 minutes 7. All attacking IP's will be blocked according to the following classification outline Classification Low Level, Medium Level Attack High Level Attack Duration 1 month 3 months 6 months 8. Detailed online reporting, including Executive report available 240 Managed Virtual Private Networks: 1. 240 VPN management and monitoring 2. 240 phone and email support 3. Daily scheduled as well as instant updates of VPN configurations and software as necessary Managed Web/URL Content Filtering: 1. 240 web/url content filtering service management and monitoring 2. 24x7 access to a secure web interface to review Internet activity reports 3. 240 phone and email support 4. Daily scheduled as well as instant updates of VPN configurations and software as necessary •Managed Spam Eradication: 1. 240 anti-spam service management and monitoring 2. 24x7 access to a secure web interface to review Internet activity reports 3. Daily scheduled as well as instant updates of VPN configurations and software as necessary Managed Gateway Virus Protection: 1. 240 anti-virus service management and monitoring 2. 24x7 access to a secure web interface to review Internet activity reports 3. Twice daily updates of anti-virus signatures 4. Day Zero Virus's will have a signature developed and deployed within 2 hours with a maximum of 24 hours 5. Daily scheduled as well as instant updates of VPN configurations and software as necessary ProtectPoint Equipment: 1. In the event of a hardware failure,ProtectPoint will ship a new ProtectPoint Appliance within 24 hours,Monday through Friday between the hours of 8:00am and 5:00pm EST. Non-Performance Penalty: If ProtectPoint fails to perform any function defined in this SLA according to defined thresholds, ProtectPoint will credit 11301h of the monthly recurring charges per day of the missed SLA for every day affected. Customer Information Confidentiality—All information you provide ProtectPoint will be kept confidential and only used to support the services contained in this contract. Partners,agents, or contractors of ProtectPoint who are allowed access to your personal information are required to keep all information confidential and not use for any reason other than to carry out the services they are performing for ProtectPoint. All personal information(such as name, address,phone number) will not be given or sold to any outside company for its use in marketing or solicitation. Data Privacy—With the exception of information specifically authored by or on behalf of ProtectPoint,ProtectPoint does not develop or publish,nor does ProtectPoint review, censor,or edit the material and information which are assessable through the ProtectPoint network,or the materials and information which are accessible through any other network which may be connected to the ProtectPoint network. • Initial,Sl -� ProtectPoint Customer_, 4 Agenda Request Form City of Dania Beach Agenda Item: e Date of Commission meeting: 1/11/2005 Description of Agenda Item: Approval of a one year agreement with Protect Point Commission action being requested: Adopt Resolution or Ordinance R] Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(Please explain): Summ IZ ary explanation and background: Staff recommends approval of a one year agreement with Protect Point to provide network security services to include a managed firewall, managed intrusion detection, managed gateway virus protection, managed gateway spam eradication and managed content filtering for the City's network. Protect Point • was a division of WebUnited,with which we have a one year agreement with two additional one year extensions__ Protect Point is now an individually owned corporation,honoring the current agreement,including the two-one year extensions. Attached exhibits and additional backu materials Please list P ( ). - ----------------------------- For purchasing requests ONLY Department: Information Services Amount: $9,400.00 Fund: General: © Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by: btemchuk Date: 1/3/2005 Department Director.' btemchuk Date: 1/3/2005 Admin. Services Director.' Date: Finance Director: Patricia Varney Date: 1/4/2005 • City Manager. Ivan Pato Date: 1/4/2005