HomeMy WebLinkAboutR-2003-277 Webunited T-1 line Internet RESOLUTION NO. 2003-277
• A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING A ONE YEAR AGREEMENT WITH WEBUNITED, FOR
THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND
MATERIALS IN AN AMOUNT OF $5,565.00 START UP COSTS AND A
MONTHLY FEE OF $1,099.00 WITH THE SOLE PROVIDER,
WEBUNITED; AUTHORIZING THE AGREEMENT TO PROVIDE POINT
TO POINT NETWORK SERVICES THROUGH A "T-1" LINE TO
PROVIDE INTERNET ACCESS FOR THE CITY'S COMPUTER
SYSTEMS, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), provides that during unusual conditions or emergencies, the City
Commission may, by resolution, authorize the purchase by the City Manager of
designated supplies, services, equipment and materials in amounts in excess of fifteen
thousand dollars ($15,000.00) without competitive bids and without advertisement for
bids; and
® WHEREAS, the City Manager has determined that such services can be
rendered to the City from WebUnited in an amount of $5,565.00 and a monthly fee of
$1,099.00; and
WHEREAS, the City Manager has determined that it is necessary to purchase
point to point network services to provide internet access for the City's computer
systems;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Manager is hereby authorized to execute the agreement
between the City of Dania Beach and WebUnited, attached as Exhibit "A".
Section 2. That the City Manager is authorized to pay $5,565.00 start up fees
and a monthly amount of $1,099.00 over a one year period from the Information
Services Budget to WebUnited, for the purchase of point to point network services to
provide internet access for the City's computer systems.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
1 RESOLUTION NO. 2003-277
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on December 8, 2003.
B A TON
t7�/_
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY - YES
CJAA COMMISSIONER MIKES - YES
CHARLENE J SON VICE-MAYOR MCELYEA-YES
CITY CLERK MAYOR ANTON - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: 1
,_\4 4/1 -
• THOMA J ANV�y
BIRO
CITY ATTORN
2 RESOLUTION NO. 2003-277
Secureer at Solutions
a Division of C Ciberlynx
WEBUNITED SERVICES AND EQUIPMENT
CONTRACT AGREEMENT
This Agreement is made and entered into this date: { N f�� (Contract Initiation Date)between:
City of Dania Beach CiberLynx.Inc. d/b/a WebUnited
«R,U" .
100 W. Dania Beach Boulevard A Florida Corporation,
Dania Beach, FL 33004 And 550 Fairway Drive, Suite 210
Deerfield Beach, FL 33441
and sets forth the terms and conditions entered into by both parties:
Customer Representation: WU Contract Representation:
Chuck Cook (Name) Ross Krisel (Name)
(954)924-3737 (Phone#) (954)246-0112 (Phone#)
ccookc ci.dania-beach.fl.us (E-mail) rocs@webunited.net (E-mail)
Customer FEI#:
1) Service-WU 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
(number of months)and CONTRACT BILLING will begin from the Contract Effective Date.
a)Initial Payment- An Initial Set-Up and License fee of: $4565.00,plus
First Monthly Payment of: $1099.00,plus
Equipment charges of: $1000.00 Refundable Deposit,
resulting in:
A Total Amount of: $6664.00 Initial Pavment amount
is due upon execution of this Agreement. Failure of Customer to make Initial Payment defers the Contract Initiation Date and WILL DELAY
the Contract Effective Date.
b)Installation of Sendce(s)-WU shall contact Customer upon receiving a Firm Order Commitment(FOC)date for installation at the customer
location(s)by the local loop or circuit provider or other third party provider. At this time,Customer shall agree to a firm date for which
installation of service and connection will be made and agrees to have:
I) 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).
Following physical installation of the circuit at customer location(s),full connection of services shall be deemed to occur after final
release by circuit provider and validation by WU signifying completed circuit testing and full connection of services.
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 WU 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,
additional wiring,date change fees,equipment charges,cancellation fees AND the recurring payment of circuit charges,regardless of
whether Customer is fully installed or not. Such charges will be promptly assessed and submitted by WU with payment due by Customer
immediately upon receipt of billin,.
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,WU will originate invoices on the 10"day of each month proceeding the
calendar month billing period for services,with terms Net 20 days. Invoicing shall be made by e-mail and constitute the formal billing submittal.
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 WU to suspend and/or discontinue service without further notice. In addition,the maximum rate of interest allowable bylaw 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 WU 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 tares(e.g.,Communications.Sales and any other applicable tar)for
which Customer is responsible,and to which WU is obligated to assess and collect on behalf of the government(s). Any calculation errors in
1
assessment and/or tax rate changes requiring adjusted tax computations by WU as necessary(potentially to a retroactive tax basis period)to accurately
and properly collect taxes does not relieve Customer of its resnonsibility to remit tax payment(s)fully and timely.
3) Network Connection-The Network connection provided by WU is for utilization by the directors,officers and employees of Customer. Customer
may not sell lease,license,rent or assign the connection or any part of the connection in this Agreement without the expressed written consent of WU.
a) Acceptable Use—Customer is prohibited from transmitting any communication where the intention of the message,or its transmission or
distribution,would violate any U.S Federal State or Local law/regulations.
• Customer is prohibited from transmitting any communication where its distribution would likely be unwanted or offensive to the
recipient thereof. `Bulk Messaging"or"Spamming"or transmission of any unwanted,or unsolicited email,is expressly prohibited under
this Agreement. Customer shall assure that its use of the WU network services shall not disrupt WU its associated networks,equipment(s),
or any component part of the WU system.
Use of the WU connection in violation of any of the above mentioned or other like manners may result in immediate unilateral
cancellation of service by WU Such event will constitute breach of contract by Customer,require immediate Rayment of any past due
payment amounts,and entitle WU to liquidated damages
b) Domain Name Service-WU will provide primary Domain Name Service(DNS)for one(1)Domain. Customer must purchase additional
DNS domains.
c) Software Ownership—No ownership rights are granted to Customer for any and all software provided or furnished to Customer by WU
under this Agreement. No right is granted for Customer to replicate,produce,copy,alter,distribute,rent,lease,lend,supply or market the
software,and/or de-compile,disassemble or reverse-engineer the software.
4) Equipment Usage/Lease/Installment Sale-In the event Customer uses and/or leases(installment sale)equipment(s)from WU,the following
provisions will apply:
a) Title—All equipment provided by WU shall be titled to WU at all times and for all purposes,marked and identified as property of WU
which markings and identification shall not be removed or altered by Customer. In the unlikely event that the Customer(City)defaults on
this contract,Lessor(WU)is authorized to remove any and all leased equipment.
Customer will not cause,create or suffer any claims including but not limited to any liens charges encumbrances or security_
interests in,on or to the equipments)and will indemnify and hold WU harmless from and against any loss,expense,or liability from such
actions.
b) Usage—Customer shall utilize equipments)solely for the purpose as originally intended in the network connection/configuration 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 WU will
result in an immediate payment by Customer for the full Fair Market Value(FMV)of said equipment(s)as determined by WU.
c) Insurance—During the term of such equipment(s)usage,Customer agrees to keep the equipment fully insured against damage and loss.
naming WU as the loss pavee under a general liability insurance policy,to which Customer agrees to provide W U evidence of such
insurance. if Customer does not maintain its own policy,W U 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 WU.
® 5) Indemnification/Limited Liability—
a) Indemnification—Customer shall indemnify and hold WU 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.
b) No Expressed or Implied Warranties-Customer acknowledges that WU 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—WU specifically disclaims anv 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,WU does not warrant against interrupted operations of service.
Notwithstanding the forgoing,WU 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,WU shall have no liability to the Customer
6) Remedies-Customer's remedy for any failure,or nonperformance of WU connection service shall consist of full restoration of Service by VW. In
any event and against any claim and/or circumstance,regardless of the form of action,WU's maximum liability for damages to Customer,or its
authorized users,shall be limited to the amount of charges paid by Customer for use of the Service under this Agreement during the four months period
preceding the date of such breach.
WU'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.
The unauthorized termination or default 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 WU Customer acknowledges that under unauthorized termination or default by
Customer,that WU is rightfully entitled to the full contract value
If Service(s)have not been performed by WU at the time of the unauthorized termination or default(i.e.after Contract Initiation Date
but prior to Contract Effective Date),at a minimum liquidated damages will consist of (1)cancellation fee assessments,and(2)Forfeiture of Customer
Initial Payment.
7) Termination-WU 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.
Customer maintains the right to terminate this agreement and be solely liable for forty five(45)days of additional service upon:
a. any insolvency,bankruptcy,assignment for benefit of creditors,liquidation or proceeding of similar events with respect to
WebUnited;
..I
b. any governmental or other regulation that require significant alterations of the Services provided hereunder,or significant
violation of applicable law,rule or regulations,or:
C. in the event WebUnited:
i. within its'direct management,operating/processing control(s)and sole responsibility,
ii. and outside of any third-party and/or carrier orientation, customer location,and/or customer equipment(s)/processes
circumstances;
d. continuously and consistently delivers interruptible service(s)levels of a systematic,deleterious and numerous event nature over
® any running thirty(30)day running period and without reasonable resolution. Such indications MUST be immediately
identified by customer,formalized and validated through the WebUnited CallTrack system at the"start"time of such
occurrences so as to allow WebUnited timely alert and reasonable notification for resolution.
8) 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:bill in nwebunited.net,or
via U.S.mail and copy the request to their Account Executive. Such communication to WU must occur no later than 45 days after the date which the
error or problem occurred.otherwise Customer relinquishes the right to any credit.
9) 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,WU may choose to:
a) Settle such dispute or controversy by a panel of arbitrators in Ft.Lauderdale,Florida. This is pursuant to the Commercial Arbitration Rules
of the American Arbitration Association. The decision of the arbitrators shall be final,binding,may not be appealed and shall include a
provision for costs and attorney's fees. —or---
b). 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.
10) Term-. This contract will expire one(1)year after the Date of Circuit Installation.
11) Assignment-This Agreement may not be assigned or transferred by Customer without the prior written consent of WU.
12) Entire Agreement—WU 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.
13) Services Section.—
Services to be Provided: MRC NRC Attch
Term #
Full Point to Point T-1 to the Internet, 12 Mo $499.00 $0.00
Local Loop and Port Access Included
Installation Waived for Term
® ($1000.00 Waived)
Fully Managed Firewall $200.00 $600.00 Set Up
Managed Intrusion Detection $250.00
Managed Spam Elimination $50.00 $900.00 License
Managed Content Filtering $50.00 $715.00 License
Managed AntiVirus $50.00 $2350.00 License
Free Use of a Netopia T-1 Router and a Protect $1000.00
Point NSA Firewall with Refundable Deposit Deposit
Incase of an Equipment Malfunction all
WebUnited Equipment will be replaced within a
24 Hour period or less.
TOTAL CHARGES:Excludes all applicable taxes,s&H.. $1099.00 $5565.00
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be duly executed as of the first day and year written above:
Customer: WebUnited:
PLEASE SEE ATTACHED SIGNATURE PAGE
�2 -
f
Duly Authorized Signature Authority Duly Authorized Signature Authority Date
Ross Krisel VP of Indirect Sales
Printed Name Title
3
® CITY OF DANIA BEACH
By: '0�"
Bo An , Mayor
Atte t:
B
Charlene Johnson C ty Clerk an ato, City Manager
(SEAL) �{
Signed this/ day of , 2003.
Approved As To Fo And Correctness:
Y
B /I .
Thonlas J. r , ity Attorney
•
.97
FLORIDA
December 18, 2003
Ross Krisel
Vice President of Indirect Sales
CiberLynx, Inc. d/b/a WebUnited
550 Fairway Drive, Suite 210
Deerfield Beach, FL 33441
RE: AGREEMENT BETWEEN WEBUNITED AND THE CITY OF DANIA
BEACH
Dear Mr. Krisel:
On December 8, 2003, the Dania Beach City Commission adopted
Resolution No. 2003-277 approving the above agreement.
® We enclose a copy of the resolution and two original agreements that
have been executed by the City of Dania Beach. These agreements now require
final execution by your company. Upon execution, please keep one original and
return the other original to me for our records.
If you have any questions regarding this agreement, please contact Chuck
Cook, Information Systems Department, at 954-924-3737.
Sincerely,
Miriam Nasser
Deputy City Clerk
Enclosures
•
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 �v�,«v.ci.dinia-beach.fl.us
Agenda Request Form
City of Dania Beach
Agenda Item: •
4
Date of Commission meeting: 12/8/2003
Description of Agenda Item: Approval of a 12 month contract with WebUnited for a T-1 line
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Please e
.,.. ,..w xp,. ,.,.lain} f
Summary expla atronand background ('
Staff has researched and received three quotes regarding the installation and maintenance of a T-1
line to provide internet access for the City. WebUnited has proven to be the most cost effective and
• provides fully managed firewall, intrusion detection, spam elimination, content filtering and antivirus.
A#tacked exhjbttsrand additional backup materials (Please list)'
Resolution -electronic attachment
WebUnited Contract-electronic attachment
For purchasing requests ONLY
Department: Information Services Amount:
Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Contractual Services Account Number: 001-1201-512.34-10
Submitted by: btemchuk Date: 11/19/2003
Department Director., Bonnie Temchuk Date: 11/19/2003
Admin. Services Director: Date:
Finance Director. pvarney Date: 12/4/2003
City Manager. Ivan Pato Date: 12/4/2003