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Home My WebLink AboutR-2002-058 RESOLUTION NO. 2002-058 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AN ADDENDUM TO THE AGREEMENT EXECUTED NOVEMBER 26, 2001, WITH SANDS RIVER WIRELESS, LLC., FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND THREE HUNDRED AND FIFTY DOLLARS ($12,350.00) WITH THE SOLE PROVIDER, SANDS RIVER WIRELESS LLC; AUTHORIZING THE RENEWAL AND EXTENSION OF THE WIRELESS NETWORK SERVICES CONTRACT 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 (J), authorizes the City Manager to purchase supplies, services, equipment and materials for any department of the City in an amount up to and including seven thousand five hundred dollars ($7,500.00) whenever he deems it necessary and proper to do so. All purchases of supplies, services, materials and equipment for the city government in excess of seven thousand five hundred dollars ($7,500.00) and in an amount up to and including fifteen thousand dollars ($15,000.00) may be made by the City Manager without competitve bidding and without advertisement for bids, if he is authorized to do so in advance, by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase wireless network services to provide internet access for the City's computer systems; and WHEREAS, the City Manager has determined that the City can obtain a substantial reduction in its monthly cost for internet access from Sands River Wireless LLC., by renewing the current contract in an amount not to exceed twelve thousand three hundred and fifty dollars ($12,350.00), at the monthly fee of six hundred and fifty dollars ($650.00); 1 RESOLUTION NO. 2002-058 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 extend the agreement entered into by the City of Dania Beach and Sands River Wireless, LLC., on November 26th, 2001, until December 1st 2003, attached as Exhibit "A". Section 2. That the City Manager is authorized to pay an amount not to exceed twelve thousand three hundred and fifty dollars ($12,350.00) from the Information Services Budget to Sands River Wireless LLC., 10800 Biscayne Boulevard, Suite 650, Miami, Florida 33161, for the purchase of wireless 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. Section 4. That this resolution shall be in force and take effect immediately upon • its passage and adoption. PASSED and ADOPTED this 14th day of May, 2002. O'�2 A RO RT . CHUNN, JR. MAY R — COMMISSIONER ATTEST- ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JO ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO N\r AND CORRECTNESS: BY: � " T OM 81 J. ANSBRO • CITY ATTORNEY 2 RESOLUTION NO. 2002-058 FLORIDA a May 21, 2002 4 Dean C. Lovett CEO/Sands River Wireless, LLC 10800 Biscayne Boulevard, Suite #650 Miami, Florida 33161 RE: Dania Beach Contract Addendum Dear Mr. Lovett: On May 14, 2002, the Dania Beach City Commission adopted Resolution No. 2002-058 approving the above contract addendum. We are enclosing a copy of the resolution and two signed originals of the contract. Once you have executed both originals, please retain one original and return the other for our records. • If you have any questions regarding this contract, please contact Vern 9 9 Johnson, Information Systems Manager, at (954) 924-3636. Sincerely, harlene J nson City Clerk CJ/mn Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us Revised 4/19/02 TERM ADDENDUM TO SERVICES CONTRACT This Term Addendum ("Addendum"), dated as of the date first set forth below, is entered into by the City of Dania Beach ("Customer") and Sands River Wireless, L.LC (the "Company"), and supplements and modifies the "Sands River . Wireless Services And Equipment Contract Term Commitment" (the "Agreement") entered into by Customer and Company on November 26 ,2001. WHEREAS, the Agreement provides that Customer will pay one thousand dollars ($1,000) monthly (its "Monthly Fee")for 2 Mbps Internet access service(the"Services")through December 1s`,2002. WHEREAS, Customer desires to receive a Monthly Fee discount and Company desires an extension to Customer's agreed upon Services term(the"New Term"). NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to modify and supplement the Agreement as follows: 1.Customer To Receive Substantial Service Discount. Company agrees to reduce Customer's Monthly Fee to six hundred,fifty dollars($650), beginning May 1',2002 for its provision of Services. 2. New Term. Customer agrees to pay the Monthly Fee for Services, referenced in Section 1 above, until December 1',2003. 3. Additional Term Renewals. At the end of the New Term, referenced in Section 2 above, this Addendum shall automatically renew for successive one(1)year periods unless Company receives written notice of termination from Customer at least thirty(30)days prior to the end of the New Term or any renewal term.Notice shall be made in writing to Sands River, 10800 Biscayne Blvd, Suite 650,N. Miami,FL 33161,Attention: Customer Service. Company reserves the right to terminate the Agreement pursuant to its terms at any time in the event that Customer fails to pay Company's charges when due or Customer otherwise gives Company just cause to terminate. 4. Termination Provisions. In the event that Customer terminates the Agreement prior to the expiration of the New Term, or in the event that Company terminates the Agreement pursuant to Section 3 above,Customer agrees to pay to Company the following amount(the"Services Termination Payment"): five hundred dollars($500)prorated according to the time remaining between May 1 ,2002 and the expiration of the New Term. In addition to the Services Termination Payment, Customer will remain responsible for payment of all charges applicable to the period during which Services were provided to Customer by Company and pursuant to the Agreement. Customer agrees to pay all reasonable collection or attorney fees in the event that Company finds it necessary to enforce,collect,or preserve and protect its rights under this Addendum and/or the Agreement. 5. Severability. If any provision of this Addendum or the Agreement is invalid or unenforceable, the remainder of the Addendum and the Agreement shall not be affected,and an equitable provision shall be substituted for the invalid or unenforceable provision in order to carry out, as far as may enforceable, the intent and purpose of such invalid or unenforceable provision. 6. Entire Agreement. Except as expressly modified hereby, the terms and conditions of the Agreement shall remain in full force and effect, and any reference in the "Sands River Wireless Services And Equipment Contract Term Commitment"to the"Agreement"shall refer such Agreement,as modified and supplemented by this Addendum. COMPANY: CUSTOMER: Sand Wireless,LL City of Dania Beach By — S/ /d By SEE ATTACHED STrNATURF pgrF 'gnn re " 1 e Date Signature Title Date Print Name of Signatory Print Name of Signatory CITY OF DANIA BEACH SIGNATURE PAGE FOR AGREEMENT WITH SANDS RIVER WIRELESS LLC, APPROVED BY RESOLUTION NO. 2002- ON MAY 141H, 2002. Cl �� oLe F ANIA BEACH Chunn, Jr., Mayo Attest: B Y. Charlene Johnson(j— an-Pa City Clerk `61ty Manager (SEAL) :�l% Signed_day of , 2002. Approved As To F rm And Correctness: By Thomas sbro, City Attorney • Rpr 22 02 10: 12a Sands River Wrls 305-981 -9237 p. 2 FROhI PHONE N0. Puy. 04 001 03*4GPN P2 � TERM ADDE Revised 4/19V i�tpUM TO SERVICES CONTRACT This Term Addendum ("Addendum"), fisted as of the date first set forth below, is entered into by the City of Dania Beach("Customer')and Swids River Wireless, 1 -C (the "Company"),and supplements and modifies the "Sands River Wireless Services And Eluipment Contract Term Commitment" (the "Agreement") entered into by Customer and Company on November 26 ',200i. WHUR1EAS, the Agreement provides that Customer will pay one thousand dollars ($1,000) moruhly (its "Monthly Fec")for 2 Mbps Internet aicccss.service(the"Services")through Decernber 1",2002. WHEREAS, Customer desires to receive a Monthly Fee;disoount and Company desires ar, extension co Customer's agreed upon Services term(the"New Tenn")- NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to modify and supplement the Agreement as follows: I.Customer To Receive Substantial Service Diaeount. Company agrees to reduce Customer's Monthly Fee to six hundred,fife dollars($650),beginning May 1'.2002 for its provisionn of Services. 2. New Terra. Customer agrees to pay the Monthly Fee for Services, referenced in Section 1 above, until December 1",2003. 3. Additional "Perm Renewals. At the end of the New Term, referenced in Section ? above, this Addendum shall automatically renew for succes4ve one(1)year periods unless Company receives written notice of termination from Customer at least thirty(30)days prior to the end of the New Term or an),renewal term.Notice shall be.coadc in writing to Sands River, 10800 Biscayne Blvd; Suite 650,N.Miami, Ff.33161,Attention:Customer Service. Company reserves the right to terminate the Agmement pursuant to its terns at any time in the event that Customer fails to pay Company's charges when due:or Customer otherwise gives Company just cause to terminate. • 4. Termination Provisions. In the event that Customer terminates the Agreement prior to the expiaition of the New Term,or in the event that Company terminates the Agreement pursuant to Section 3 above, Customer agrees to pay to Company the following amount(the"Services Tennination Payinent")_ five hundred dollars($500)prorated according to the time remaining between May I",2002 and the expiration of the New Term. In addition to iihe'Servi ervces Termination Payment, Customer will remain responsible for payment of all charges applicable to the period durin(; which Sices were provided to Customer by Company and pursuant to the Agreement. Customer agrees to pay all rvayonable collection or attorney fees in the event that Company finds it necessary to enforce,collect,or preserve and,pn)tect its rights,under this Addendum and/or the Agreement. 5.Severability. If any provision of this Addendum or the Agreement is invalid or unenforceable,the remainder ofthe Addendum and the Agrocntent snail not be affected,and an c:c)uitable provision sliail be substituted fbr the,invalid or unenforceable provision in order to carry out, &i Far as may enforceable, the intent and purpose of such invalid or unenforceable provision. 6. Entire A rtx:ment. Except as expressly modified hereby, the terms and conditions of the, Agre&rnent shall remain in full force and effect, and any reference in the"Sands River Wireless Services And I:;gtripm,erat CEMMIct Term Commitment"to the"Agreement"shall refer such Agreement,as modified and supplemented by dtis Addendum. CO ANY: CiUSTOME]R: Sand Rive Wireless,L City of Dania Beach gay 8y SEE ATTACHED SIGNATURE_.P�GE_____ r Title Date Signature Title Date Print Name of Signatory Print Name of?SngrtaLt:or�' a