HomeMy WebLinkAboutR-2007-002 Web United Renewal RESOLUTION NO. 2007-002
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE RENEWAL OF A ONE YEAR AGREEMENT WITH WEBUNITED, FOR
THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND
MATERIALS FOR A MONTHLY FEE OF $475.00 WITH THE SOLE
PROVIDER, WEBUNITED; AUTHORIZING THE AGREEMENT TO
PROVIDE WIRELESS NETWORK SERVICES THROUGH A "T-l" LINE TO
PROVIDE INTERNET ACCESS FOR THE CITY'S COMPUTER SYSTEMS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Manager has determined that it is in the best interest of the City to
continue services with WebUnited in the amount of$475.00 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 authorized to execute the agreement between the
City of Dania Beach and WebUnited, a copy of which is attached as Exhibit"A".
Section 2. That the City Manager is authorized to pay $475.00 per month over a one
year period from the Information Services Budget to WebUnited, 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repealed to the extent of such conflict.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 on January 9, 2007.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
A Cf
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
T OM SJ. �, O
CITY TTORNEY
2 RESOLUTION#2007-002
WEBUNITED
550 Fairway Dr,Suite 210
E3W U Deerfield Beach,FL 33441
Phone: (877) 638-5969
W E B U N I T E D . N E T Fax: (954) 418-8635
A Landmark Communications Company Online:www.webunited.net
WU SERVICE ORDER FORM
VVU Contact Information:
Sales Re Matthew Prz b la Phone#: 1 954-246-0116 Em vpgwebunited.net Date: 1/12/07
Partner(if any): Phone#: Email:
Existin❑ New Customer Customer
❑ Upgrade ❑Add-On ❑ Downgrade ® Renewal
Company Contact Information:
Company Name: City of Dania Beach Account#: 7237
Contact Name: Chuck Cook Address: 100 W Dania Beach Blvd Ste.
Email: ccook(a)ci.dania-beach.fl.us City: Dania Beach
Phone Number: 954-924-3600 J Ext. State: FL
Fax Number: 954-922-5619 Zip Code. 33004
DSL#if a licable : Count
'Customer to-Complete: Payment Information
Cash/Check: ❑
Credit Card: ❑ Recurring ❑ One Time Only Address: Ste.
vsa I Lj MasterCard Lj AMEX Discover City: State:
Cardholder Name: Zip Code:
Credit Card#: Exp Date:
nos aces or dashes mm!
Invoice Method: ❑ Email ❑ Postal FEI#:
°Customer to Complete: Billing Information (This person will be responsible for Same as Contact Info:
paymegfs fo the account He orshe will receive all emailed Invoices and related communication)' Same as Paymentlnfo:
BillingContact: Account#:
Contact Name: Address. Ste.
Email: City:
Phone Number: Ext. State.
Cell Number: Zip Code:
Fax Number: Count
®Customer to Complete: Technical Contact Information
Tech Contact:
Email:
Phone Number Ext.
Cell Number:
°-Customer to Com lete: Customer Installation Location
Company Name: 11
Onsite Contact: Address: Ste.
Onsite Phone#: Ext. City: State:
Onsite Cell#: Zip Code: Country:
DMARC Location Circuits Only) Extended Wiring for DMARC Circuits Only) ❑ Yes ❑ No
If there are multiple installation locations,please attach separate installation address sheet.
Confidential Page ] of 3 1/3/2007
WEBUNITED
550 Fairway Dr,Suite 210
e,
Deerfield Beach,FL 33441
W U Phone: (877) 638-5969
W E B U N i 'T` E T Fax: (954) 418-8635
Online: www.webunited.net
Products/Services Ordered & Attachments:The entire Customer Agreement,entered into between Customer and WEBUNITED, is made up of
the documents selected here and attached.All prior agreements,proposals,representations,statements,or understandings,whether written or oral,concerning such
Services,are superseded unless otherwise specified.
® Ded Access I ❑ Co-location I ❑Sec urit ❑ Dedicated Server I ❑ VoIP ❑ DSL ❑ Hosting
❑ IP Reg Form I ❑ RTR Mgt Policy ❑ Addt'I Loc(s) Form I ❑ Addt'I User Form ❑ SLA(s) ® TOC/LOA
Product/Services Information: Term (sty MRC NRC
80.DHZX.530071-PTP T-1 Me alink-Loop and Port 12mo 1 $475.00
TOTAL CHARGES(excludes all applicable taxes and S&H) 12mo 1 1 $475.00
Software/Equipment Charges & Information:
Qt Software/Equipment Price Lease Sale
1 Neto is R5300 $0.00 ® ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
TOTAL CHARGES (excludes all applicable taxes and S&H)
Customer to Complete the following information:
*Does this install/service need to be coordinated with a third party? If yes, please specify
information in the NOTES area. ❑ Yes ❑ No
*Are there phone numbers to be potted (A list must be provided)?(VoIP Only) ❑ Yes ❑ No ❑ Not Applicable
*Are there 800 numbers involved (A list must be provided)? (VoIP Only) ❑ Yes ❑ No ❑ Not Applicable
*Does WU have to provide DID numbers?(VoIP Only) ❑ Yes ❑ No ❑ Not Applicable
*Is their any equipment for the install being provided by the customer? Please select all that apply:
❑ Router Customer Configured) ❑ UPS (only applies to Co-location
❑ Router U to configure for additional fee ❑ Firewall (Customer Configured)
❑ Phones ❑ PBX
*Domain Name(Hosting Only): ❑ No E ui ment Provided
*If WU is providing the Equipment does it require special ❑Yes ❑ No Requested Installation Date(m/d/yy):
hardware/software configurations? If yes, pleasespecify below. (The above date excludes all TELCO products)
Detailed Notes/Comments about install
i
I
Service Term and Total Charges(excludes all applicable taxes and S&H):
12 Months (If
Service Term Other, specify: Billing Monthly Total MRC $475.00 Total NRC I $0.00
I
Initial Payment due upon execution of this Agreement: $0.00
1.Customer is responsible for compliance with all terms of this Agreement, including without limitation, payment obligations(without regard to
Customer's ability to charge for Services used by or purchased from it by its subscribers and end-users), and any solicitation,service requests,
creditworthiness,customer service, billing and collection of its subscribers and end-users, if any. Customer must accurately complete the Order
0 Form. Changes in the Order Form made by or on behalf of Customer may result in delays for which WEBUNITED is not responsible.
2. Customer must cooperate with WEBUNITED in the installation process,including being physically present at the time of installation and must
provide access to the designated building's phone closet(s)on the date(s)agreed to by WEBUNITED's Provisioning Department. Such building
access and escort must also be provided to other necessary personnel to perform the installation of the Service connection. Custo rner's failure to
Confidential Page 2 of 3 1 i22/2007
WEBUNITED
550 Fairway Dr,Suite 210
Deerfield Beach,FL 33441
OW U Phone: (877) 638-5969
W E B U N I T E D . N E T Fax: (954) 418-8635
® A Landmark Communications Company Online:www.webunited.net
provide access shall not suspend the bill start date and Customer agrees to hold WEBUNITED harmless in the event there is a delay in
installation of service(s).
3. Please review and sign the Service Order Form and initial all the attached agreement(s).The Service Order is not effective until the appropriate
agreement(s)has been signed/initialed and-Wccepted by WebUnited.
4. This Service Order is valid for 30 calendar days from issuance unless otherwise noted
Customer: City of Dania Beach WebUnited
Authorized i nature Date Authoriked SignaAure Date I nL2
IVAN PATO CITY MANAGER � � SS 1 QjeGts�
Printed Name Title Printed Name Title
i,
THOMAS BRO,r CITY ATTORNEY
/-� r
LOUISE STILSON, CITY CLERK
Confidential Page 3 of 3 1/3/2007
I
• WebUnited
WEBUNITED DEDICATED ACCESS TERMS AND CONDITIONS
1) Servlce-WU shall provide services as described and specified in the Service Order Form. The CONTRACT SIGNING DATE shall be defined as the date of
execution(signing)of the Service Order Form 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-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.Once a circuit or local loop has been ordered by WU(within seven business(7)days from receipt of signed Service
Order and Agreement),customer is financially and contractually obligated for the full term of service as defined in the WU attached Service Order Form.
Any request to cancel service,once ordered with the circuit or local loop provider,will result in cancellation fees incurred by WU as well as full contract
value to be paid to WU.Upon ordering of services,all payments received by WU are non-refundable.
b) Installation of Service(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:
1) Customer location/facility in ready slate for install,
2) Provide Customer Premise Equipment(CPE)as required,
3) Maintain relevant personnel as necessary for the installation of service(s)
4) Provide any technical or other information reasonably necessary or useful in providing the 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 billing.
2i 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/Postal 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 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 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 taxes (e.g., Communications, Sales and any other applicable tax) 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 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 responsibility 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 payment of any past due payment amounts,and entitle
WU to liquidated damages
b) Domain Name Service - Customer may, from time to time, request that WEBUNITED submit to InterNIC or another Domain Name Registry, on
Customer's behalf, domain name registration applications (each, an "Application'), for domain names selected by the Customer (each a 'Domain
Name').In the event that WU elects,in its sole discretion,to perform such service,the Applications shall name WU as the Internet Service Provider
which will host such domain name.WU is not a domain name registry.WU's charges for this Service do not include the domain name registry's fees.
Customer shall be responsible for, and shall promptly pay, all such domain name registry's fees. Customer represents and warrants that (a) all
statements on the Application are true and correct;(b)none of the requested Domain Names or Customer's use of any Domain Name will interfere with
the rights of any third party, infringe upon any trademark,service mark or other personal moral or property right;and(c)Customer has a legitimate
business purpose for registering each Domain Name,which purpose is related to Customer's purchase of the Services.
a. WU shall not be liable in any way whatsoever for any direct or indirect loss,cost or damage Customer may incur in connection with such
service or WU's providing or failing to provide such service to Customer.Without limiting the foregoing,WU does not make any warranties
regarding the successful registration of any domain name,the time of submission of the application or Customer's right to continued use of a
Domain Name after registration.WU is not required to participate in any disputes relating to the Application of the registration of any Domain
Name.
b. With respect to any Domain Name, WU may elect to terminate or suspend its hosting of or provision of any Domain Name Registration
Services with respect to any or all of Customer's Domain Names immediately upon written notice in the event that(a) an Application is
rejected;(b)the Domain Name Registration is revoked or placed on"hold"or assigned to a third party;or(c)WU receives or becomes aware
of any complaints,conflicting claims,disputes or court orders regarding the Domain Name.
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) Eguloment Usage I Lease I 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. WU reserves the right to file UCC-1 statements with appropriate State agency naming
WU 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 interests in,on,or
to the equipment(s)and will indemnify and hold WU harmless from and against any loss,expense,or liability from such actions.
b) Usage—Customer shall utilize equipment(s) 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 i an immediate
payment by Customer for the full Fair Market Value(FMV)of said equipment(s)as determined by WU.
WEBUNITED:
Confidential Page 1 of 2 Jam/!
CUSTOMER:
T—
WEBUNITED • 550 FAIRWAY DRIVE, SUITE 210 • DEERFIELD BEACH, FLORIDA • 33441 • 954.418.8884
ebUnited
® ''
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 payee 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.
CUSTOMER
5) Indemnification/Limited Liability—
a) Indemnification—Customer shall indemnify and hold WU its affiliates and their respective officers,directors,employees,agents and subcontractors
harmless 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 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,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
8) Remedies-_Customer's remedy for any failure or nonperformance of WU connection service shall consist of full restoration of Service by WU. 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 twelve month 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.
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 WU. Customer further acknowledges that under such event,failure,non-performance or breach
by Customer, that WU 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 Customer does breach this Agreement,for any reason whatsoever,and WU must
pursue a claim,in a court of law or any other legal proceedings, customer 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 WU 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 (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.
B) 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(c webunited.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) Disoutes—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) Automatic Renewal-WU will continue this contract for a period of twelve(12)months unless written notice is provided via Certified Mail to WU at least sixty(60)
days prior to the term ending date(thirty(30)days for month-to-month contracts).It is the Customer's responsibility to ensure that WU has received proper notice.
All monies received prior to notification of non-renewal are non-refundable..
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 the Terms and Conditions, Service Order Form, 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.
® Confidential Page 2 of 2 WEBUN{TED:
CUSTOMER:
WEBUNITED 550 FAIRWAY DRIVE, SUITE 210 • DEERFIELD BEACH, FLORIDA 33441 • 954.419.8884