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HomeMy WebLinkAboutR-2001-211 RESOLUTION NO. 2001-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN AN AMOUNT NOT TO EXCEED $12,000.00 WITH THE SOLE PROVIDER, SANDS RIVER WIRELESS SERVICES AND EQUIPMENT; AUTHORIZING THE PURCHASE OF WIRELESS NETWORK SERVICES 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 deemds it necessary and proper so to do. All purchases of supplies, services, materials and equipment for the city government in excess of seven thousand five hundred ($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 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 such purchases can be made at the least cost to the City from Sands River Wireless Services and Equipment in an amount not to exceed $12,000.00 ($1,000.00 per month); 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 pay an amount not to exceed $12,000.00 from the Information Services Budget to Sands River Wireless 1 RESOLUTION NO. 2001-211 t Services and Equipment, 10800 Biscayne Boulevard, Suite 650, Miami, Florida 33161, for the purchase purchase wireless network services to provide internet access for the city's computer systems;. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 13" day of November, 2001. PATRICIA FLURY MAYOR —COMMISSIONER AT EST: ROLL CALL: COMMISSIONER BERTINO - YES _ COMMISSIONER MCELYEA - YES • CHARLENE , HNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO F RM AND CORRECTNESS: BY: I THO AS I ANS RO CITY ATTORNEY 2 RESOLUTION NO. 2001-211 SANDS RIVER WIRELESS SERVICES AND EQUIPMENT CONTRACT TERM COMMITMENT This Agreement is made and entered into and between the undersigned, Company: City of Dania Beach Sands River Wireless, Inc. Address: 100 West Dania Beach A Florida Corporation. Boulevard City, State, Zip: Dania Beach, FL 33004 and 10800 Biscayne Blvd. Suite 650 County of: Broward Miami, Florida 33161 Effective Date: December 1, 2001 and it sets forth the terms and conditions for the listed connection, as provided by Sands River Wireless. 1. Service — Sands River Wireless shall provide access to its network pursuant to the agreed upon specifications listed on Exhibit A. attached hereto. Maintenance of the local circuit shall be the responsibility of Sands River Wireless. 2. Payment — The Initial Setup Fee of $_0.00 and First Monthly Payment ("Monthly Payment") of $_0.00 shall be due upon execution of this Agreement. Failure of Customer to make such payment up front will result in delay of service connection, as Sands River Wireless will not install any services until such payment is received. Applicable sales and gross receipts taxes may not be included in the initial payment. If not, however, it will be included in Customer's first monthly billing. Sands River Wireless will provide invoices to Customer for monthly services at least two weeks in advance, prior to delivery of such service by Sands River Wireless. Customer's Monthly Payment is due, in full, and without deductions or offset, upon receipt of such Invoice. Failure of Customer to pay • Monthly Payment when due, or within five (5) days thereafter, shall constitute a default by Customer and shall entitle Sands River Wireless to discontinue service without further notice. Sands River Wireless may, in addition to other remedies, impose the maximum rate of interest allowable by law on any overdue payments, partial payments or unpaid balances thereof. Furthermore, charges incurred by Sands River Wireless for returned, or NSF checks, will be billed to the Customer at a rate of$25.00 each occurrence. 3. Installation of Service — Sands River Wireless will contact Customer upon receiving an installation date. At this time, Customer must commit to a date for which Sands River Wireless can connect Customer to complete the Installation of Service(s). Customer agrees to have all necessary equipment and/or personnel ready for the Installation of Service(s) by the agreed-upon Installation Date. If Customer does not have the necessary equipment and/or personnel ready for the Installation of Service(s) by the Installation Date, or if Customer must change the Installation Date for any reason whatsoever, Customer is liable for payment of the circuit, and for any other costs incurred by Sand River Wireless in connection with Customer's Service(s) from the original, agreed-upon Installation Date. This remains true whether Customer is fully installed or not. Sands River Wireless will bill the Customer for the partial loop charge by dividing the monthly loop charge by thirty (30) days, and multiplying the daily amount by the number of days between the Installation Date by the circuit provider, and the Installation Date by Sands River Wireless. This partial billing is due upon receipt, and does not constitute the start of the contract term. The contract term does not begin until Customer is fully connected with the service(s) purchased. Any additional charges incurred by Sands River Wireless on Customer's behalf, above and beyond the normal installation, or monthly access charges, including additional wiring services, or equipment supplied by the circuit provider upon installation, or other service, will be passed on to Customer, and will be due upon receipt. 4. Domain Name Service — Sands River Wireless will provide primary Domain Name Service (DNS)for one • (1) Domain. Additional DNS domains must be purchase by Customer, as well as any additional costs for the added domains. 1 5. Network Connection — Only the directors, officers, and employees of Sands River Wireless shall utilize the Network connection provided by Sands River Wireless. However, customers of Customer may have the ability to utilize and access Servers, Information, and other such types of services contained on the Customer's connection. Except for assigning IP addresses and DNS to customers in the normal course of business, Customer may not sell, lease, license, rent, or assign the connection-or any parts of the connection to any party not named in this Agreement. 6. Equipment — All equipment needed for connection to Sands River Wireless will be purchased and/or provided by Customer. The Customer hereby holds Sands River Wireless harmless for any damage or injury to Customer's equipment or personnel resulting from connection to Sands River Wireless. 7. 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 or State or Local law or regulation. Customer is prohibited from transmitting any communication where its distribution would likely be offensive to the recipient or recipients thereof. Customer shall assure that its use of Sands River Wireless' network services shall not disrupt Sands River Wireless, its associated networks, equipment, or any component part of the Sands River Wireless system. "Bulk Messaging" is expressly prohibited under this Agreement. Use of Sands River Wireless' connection in violation of any of the above mentions manners may result in cancellation of service, at the discretion of Sands River Wireless. 8. Liability of Warranties — Customer acknowledges that Sands River Wireless 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 this Agreement. In matters that lie outside the control of Snads River Wireless, Sands River Wireless 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. • 9. Remedies— A. Customer: Customer's remedy for any failure or nonperformance of Sands River Wireless' connection Service shall consist of full restoration of Service by Sands River Wireless, as soon as possible, and the receipt of each applicable credit as further prescribed in the Addendum to this Agreement (Exhibit"A'�. In the event that any interruption of service should exceed twenty-four (24) consecutive hours, Sands River Wireless shall disburse a pro-rated refund for any Customer prepaid fees for the Service interruption. Sands River Wireless' liability for damages to Customer, or its authorized users, and any other claims, regardless of the form of action, shall 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. B. Sands River Wireless: Sands River Wireless' remedy for any failure or nonperformance of this Agreement by Customer depends onewhether Service(s) have been provided or not. If Service(s) have not been performed by Sands River Wireless at the time of the Breach, then there is no remedy. If Customer cancels this Agreement for its convenience with at least thirty (30) days advance written notice to Sands River Wireless, then Sands River Wireless may elect a remedy consisting of the greater of the following: (1) retention of Customers initial payment, or (2) the sum of $2500.00 due and payable to Sands River Wireless as a liquidated sum for compensation for overhead consumed by Customer for the connected service and efforts associated with the cancellation of the Agreement. 10. Acts of Force Majeure — Sands River Wireless cannot be held responsible for 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). Sands River Wireless may cancel or delay performance, as long as such performance is delayed by the above-mentioned occurrence or occurrences. In such event, Sands River Wireless shall have no liability to Customer. 2 . 11. Termination — After services commence, either party may terminate this Agreement upon thirty (30) days advanced written notice to the other party. Provided, however, that upon such termination by either party, Customer remains obligated under the Agreement to make payments for Services received prior to termination. The obligation to make any such payment shall survive any termination of the Agreement. 12. Automatic Renewal — The parties agree to automatically renew the Agreement for additional one (1) year terms, not to exceed a total of three (3) years, unless written notice is provided by one party to the other at least thirty (30) days prior to an anniversary of the Effective Date of the Agreement. 13. Assignment—This Agreement may not be assigned or transferred by Customer without the prior written consent of Sands River Wireless. 14. Entire Agreement — Sands River Wireless and Customer agree that this Agreement and Exhibit"A" (a copy of which is attached to and incorporated by reference into this Agreement) constitute the entire Agreement between them and it supercedes all prior written communications, oral communications or both between the parties. 15. Arbitration or Resolution of Disputes — If any dispute or controversy arises in connection with this Agreement, and the parties are unable to settle the dispute or controversy between themselves, the parties agree the dispute or controversy may, if the parties mutually agree in writing, be submitted to a panel of arbitrators convened for the purposes of arbitration in Broward County, Florida. In such case, the proceedings will be governed by the Rules of the American Arbitration Association. Alternatively, the parties may proceed to mediate any such dispute or controversy in an effort to resolve any issues. In any event, if a dispute or controversy is litigated, the venue for litigation concerning this Agreement shall be in Broward County, Florida. This Agreement shall be interpreted and construed in accordance with and • governed by the laws of the State of Florida. If either party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including but not limited to, costs and reasonable attorney fees, through and including all appeals. 16. Acceptance — By signing below, you acknowledge your review and acceptance of the terms and conditions contained in this document. This Agreement can only be modified in a written document executed by both parties. Any attempts to make modifications to these terms and conditions are void, and will not be enforceable. • 3 EXHIBIT"A" Sands River Wireless Level Agreement This is an addendum to Section 1 (Service) of Form CTC, Sands River Wireless Services and Equipment Contract: 1. Service — Sands River Wireless shall provide access to its Network pursuant to the agreed upon specifications listed in this contract and in published terms and conditions. Maintenance of wireless circuit shall be the responsibility of Sands River Wireless. However, Sands River Wireless will guarantee the following Service Level Agreement, hereafter referred to as "SLA" to all its clients with term commitments of one or more years. The SLAs offer the following guarantees: Service Level Agreement Schedule • 99% available to the Sands River Wireless Intranet data backbone • Median monthly latency of no more than 75 milliseconds roundtrip with Sands River Wireless'backbone inside the United States • Delivery, or throughput rates of 99% of subscribed bandwidth within the Sands River Wireless Network • Service installation, or provisioning, by the quoted date Compensation Schedule • Client will receive a credit of one day's service on their next month's invoice for each incident of downtime that is longer than 15 minutes, and shorter than 4 hours • Client will receive a credit of three day's service on their next month's invoice for each incident of downtime extending past 4 hours • Client will receive a credit for a day's service fee if Sands River Wireless does not meet the latency guarantee for two consecutive months • Client will receive a credit for 50% of installation service fee if Sands River Wireless does not install necessary equipment and software by the scheduled due date. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be duly executed as of the first day and year written above: Service Provided: 2 Nlbps Internet access Fees: $1,000 per month Terms: One year agreement beginning December 1' 2001. (Effective Date) Customer: City of Dania Beach Sands River Wireless, Inc. a Florida Corporation Name: SEE ATTACHED SIGNATURE PAGE Name: Steven M Alembik Title: Title'` Vice President—Sales & Marketing Date: Date: December 1, 2001 Signature: Signature: t 4 CITY OF DANIA BEACH SIGNATURE PAGE FOR AGREEMENT WITH SANDS RIVER WIRELESS APPROVED BY RESOLUTION NO. 2001-211 ON NOVEMBER 13, 2001. CITY OF DANIA BEACH By: Patricia A. Flu , Mayor Attest: (�k4j'�J, �y: Charlene Johnso van Pato City Clerk City Manager (SEAL) ., Signed 1 day of�, 2001. Approved As To F rm And Correctness: y B ,, Thomas Ansbro, tity Attorney • _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA G A ITEM NO. 1. DATE OF COMMISSION MEETING: NOV. 13, 2000 2. DESCRIPTION OF AGENDA ITEM: SANDS RIVER WIRELESS SERVICES 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution or Ordinance ® Expenditure ® Award Bid/RFP ❑ Presentation ❑ General approval of item ® Continued from meeting ❑ Other(please explain) ❑ 4. SUMMARY EXPLANATION & BACKGROUND: Monthly services for high speed wireless connection to the Internet. Budgeted Item. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Contract—Sands River Wireless, Inc. • 6. FOR PURCHASING REQUESTS ONLY: Dept: Information Services Amount: $12,000. Fund: GENERAL: M WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: TO BE FINANCED Account#:N/A Finance Director Approval: Date: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Vern Johnson, I.S. Manager Date 11/07/2001 Information Services Department City Manager Date