R19-163 1
2 RESOLUTION R19-163
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 MAYOR TO SIGN THE INTERLOCAL AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND PALM
8 BEACH COUNTY FOR FIBER OPTIC NETWORK
9 CONNECTION;AND PROVIDING AN EFFECTIVE DATE.
0
1
2 WHEREAS, the I.T.S.Department contacted Palm Beach County Information Systems
3 Services (ISS) Department requesting to change the Interlocal Agreement to include network
4 connectivity to the Palm Beach County network in the Northwest Regional Datacenter
5 (NWRDC).; and
6 WHEREAS, the agreement will continue to provide the City of Boynton Beach with a
7 high-speed optical fiber link between our network and the Palm Beach County ISS Department's
8 network,which in turn provides the City of Boynton Beach with fast,cost-effective connectivity
9 to the Internet; and
0 WHEREAS, the agreement will provide the City of Boynton Beach with a high-speed
1 connection for the City's disaster recovery site at the NWRDC; and
2 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
3 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
4 Beach to approve and authorize the Mayor to sign the Interlocal Agreement between the City of
5 Boynton Beach and Palm Beach County for fiber optic network connection in the annual amount
6 of$4,750.00.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
S:\CA\RESO\Agreements\ILA With PBC For Fiber Optic Network Connection-Reso.Docx
9 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
0 being true and correct and are hereby made a specific part of this Resolution upon adoption
1 hereof.
2 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the
3 Mayor to sign the Interlocal Agreement between the City of Boynton Beach and Palm Beach
4 County for fiber optic network connection in the annual amount of$4,750.00, a copy of said
5 Interlocal Agreement is attached hereto and made a part here as Exhibit"A".
6 Section 3. That this Resolution shall become effective immediately upon passage.
7 PASSED AND ADOPTED this / (Lllday of December, 2019.
8 CITY OF BOYNTON BEACH, FLORIDA
9
•0 YES NO
•1
•2 City Mayor-Steven B. Grant 1Z•3
4 Vice Mayor-Justin Katz nk-
,5
-•5
•6 Commissioner-Mack McCray
7
8 Commissioner-Christina L. Romelus 1/
.9
•0 Commissioner-Ty Penserga ✓
'1
•2
3 VOTE `/-0
4 ATTEST:
5
04/
•7 A 4at-Ot t--
8 C stal Gibson, MMC
9 City Clerk ,r
..1'
1 (Corporate Seal) v �(,0- ,r• '
f.
ytr. 1920 t---:� Y
i
nom'
T'.
f4 T 2
S:\CA\RESO\Agreements\ILA With PBOFpr Fiber Optic Network Connection-Reso.Docx
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Servicesf' "�yFbF-A H
OICE
Interlocal Agreement
0 n
This Interlocal Agreement ("Agreement t�"J wr`hiQrmaFiori 1o1oY ("IT") services is entered
into this day of FFR 1 1 2020 , 2020 by and between the City of Boynton Beach
("LOCAL GOVERNMENT") and Palm Beach County ("COUNTY") a political subdivision of
the State of Florida. This Agreement rescinds existing Agreement for IT Services 82013-0308.1,
dated March 12,2013.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into
Agreements with each other to jointly exercise any power, privilege, or authority which such
agencies share in common and which each might exercise separately; and
WHEREAS, the LOCAL GOVERNMENT and the COUNTY have recognized the need for the
LOCAL GOVERNMENT to obtain IT services ("IT') for the purpose of gaining access to IT
resources at a cost savings due to the ability of COUNTY to leverage its resources for the greater
good of citizens of COUNTY, the State of Florida, and any public sector organization that can
benefit from these services; and
WHEREAS, in recognizing these facts, the LOCAL GOVERNMENT and the COUNTY desire
to enter into such an agreement which provides for the joint use of such IT assets and establishes
policies for its use by each organization.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other
good and valuable consideration, the parties do mutually agree as follows:
Section 1 Purpose
The purpose of this Agreement is to provide IT services to the LOCAL GOVERNMENT for the
purposes described in the attached Exhibit A.
Page 1 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 2 Approval
The COUNTY approves of the LOCAL GOVERNMENT's participation in the use of the
COUNTY's IT resources and any other services as specified in the attached Exhibit A.
Section 3 Exhibits
The attached Exhibit A made a part hereof, delineates the services to be provided to the LOCAL
GOVERNMENT by the COUNTY through its Information Systems Services (ISS) Department,
identifies the roles and responsibilities of the COUNTY and the LOCAL GOVERNMENT in this
regard, and sets forth an issue, communication, escalation and resolution process, as well as
methodologies for billing and paying the quarterly service charges for IT services.
Section 4 Term
The term of this Agreement including Exhibit A,unless terminated as provided in Section 6 herein,
is for a period of one(1) year with four(4)automatic one year renewals. The effective date is the
date of approval by the Board of County Commissioners.
Section 5 Resale of IT Services
The LOCAL GOVERNMENT shall not share or resell any portion of the COUNTY's IT
Infrastructure or Services in any manner not approved of in this Agreement or without explicit
written consent from Palm Beach County, which consent shall not be unreasonably withheld.
Section 6 Termination
COUNTY reserves the right to terminate this Agreement, at any time, for lack of funding, cause
or convenience upon thirty (30) days' notice to LOCAL GOVERNMENT. LOCAL
GOVERNMENT may terminate this Agreement for lack of funding, cause or convenience upon
thirty (30) days' notice to COUNTY. The parties acknowledge that LOCAL GOVERNMENT
shall sustain no damages,of any kind or character, as a result of the termination of this Agreement.
Page 2 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 7 Indemnification and Hold Harmless
The LOCAL GOVERNMENT shall indemnify, defend and hold harmless COUNTY, its agents,
employees and elected officers against all claims, liability, expense, loss, cost, damages or causes
of action of every kind or character,whether at trial or appellate levels or otherwise, arising out of
the acts or omissions of the LOCAL GOVERNMENT. Such liability is subject to the provisions
of law,including the limits included in Section 768.28,Florida Statutes,which sets forth the partial
waiver of sovereign immunity to which governmental entities are subject. It is expressly
understood that this provision shall not be construed as a waiver of any right or defense that the
parties have under Section 768.28 or any other statute.
The parties to this Agreement acknowledge the potential of unlawful hacking to gain surreptitious
access into confidential systems. The COUNTY has deployed reasonable steps and safeguards as
part of a Network security program, but these systems may not be able to defeat every attempt to
gain unlawful access to applications or data. Each party is responsible for protecting its own
applications, databases, and servers. Each party, however, shall review each other's security
procedures and notify each other with reasonable promptness of concerns or issues regarding the
same.
Section 8 Damage Caused by Disasters
Should the COUNTY's IT infrastructure be damaged or destroyed by a natural or man-made event
to the extent that the cost to repair or replace these services becomes economically unfeasible,this
Agreement is automatically terminated at the sole discretion of the COUNTY, unless the
governing bodies of both the LOCAL GOVERNMENT and COUNTY authorize its continuation
and associated funding to repair or restore the affected area(s).
Section 9 Notice
Any notice, request, instruction, demand, consent, or other communication required or permitted
to be given under this Agreement shall be in writing and shall be delivered either by hand or by
certified mail,postage prepaid, and certified return receipt requested to the following addresses or
such other addresses as the parties may provide to each other in writing:
Page 3 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
To: City of Boynton Beach
Lori LaVerreire, City Manager
3301 Quantum Boulevard, Suite 101
Boynton Beach, FL 33425-0310
(Telephone: 561-742-6010)
With a copy to: City of Boynton Beach
James A. Cherof, City Attorney
3301 Quantum Boulevard, Suite 101
Boynton Beach, FL 33425-0310
(Telephone: 561-742-6010)
To: COUNTY: Verdenia C. Baker, County Administrator
c/o Archie Satchell, Information Systems Services CIO
Palm Beach County Board of County Commissioners
301 N. Olive Avenue, 8th floor
West Palm Beach, FL 33401
(Telephone: 561-355-2823)
With a copy to: County Attorney's Office
Palm Beach County Board of County Commissioners
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
(Telephone: 561-355-2225)
Section 10 Entire Agreement
This Agreement sets forth the entire agreement between the parties. There are no promises or
understandings other than those stated herein.
Section 11 Choice of Law and Venue
This Agreement shall be governed by the laws of the State of Florida. Unless otherwise agreed to
in writing by the parties, any and all legal action necessary to enforce the Agreement shall be held
in a court of competent jurisdiction located in Palm Beach County, Florida.
Page 4 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 12 Binding Agreement
This Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
Section 13 Subject to Funding
Each party's performance and obligations for subsequent fiscal years are contingent upon annual
appropriations for its purpose.
Section 14 Nondiscrimination
Both parties warrant and represent that all of its employees are treated equally during employment
without regard to race,color,religion,disability, sex,age, national origin, ancestry, marital status,
familial status, sexual orientation, gender identity and expression, or genetic information. The
parties further warrant and agree that no person shall be excluded from the benefits of or be
subjected to any form of discrimination under any activity carried out in the performance of this
Agreement.
Section 15 Audits and Public Records
LOCAL GOVERNMENT acknowledges that its records relating to this Agreement are public
records for the purposes of Chapter 119, F.S., and that it will comply and maintain such records in
accordance with Florida's public records laws. LOCAL GOVERNMENT shall maintain records,
documents and other evidence to sufficiently establish its performance under this Agreement.
Such records shall be maintained in Palm Beach County for at least three (3) years after the
termination of this Agreement. If any inquiry, investigation, audit or litigation is underway at any
time during the three (3) year period, LOCAL GOVERNMENT shall continue to maintain and
preserve the records until the resolution of the inquiry, investigation, audit or litigation. The
COUNTY has the right, upon reasonable request and during normal business hours, to inspect,
examine or copy said records.
Page 5 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 16 Inspector General
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2-421 —2-440, as may be amended. The Inspector General's authority includes but
is not limited to the power to review past, present and proposed COUNTY contracts/agreements,
transactions, accounts and records, to require the production of such records, and to audit,
investigate, monitor, and inspect the activities of the LOCAL GOVERNMENT, its officers,
agents, employees, and lobbyists in order to ensure compliance with contract/agreement
requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interference or impeding any investigation shall
be in violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to
Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
Section 17 Regulations,Licensing Requirements
The LOCAL GOVERNMENT shall comply with all laws, ordinances and regulations applicable
to the services contemplated herein,to include those applicable to conflict of interest and collusion.
The LOCAL GOVERNMENT is presumed to be familiar with all federal, state and local laws,
ordinances, codes and regulations that may in any way affect the services offered.
Section 18 No Third Party Beneficiary
No provision of this Agreement is intended to, or shall be construed to create any third party
beneficiary or to provide any rights to any person or entity not a party to this Agreement,including
but not limited to any citizen or recipient, or official, employee, or volunteer of either party.
Section 19 No Agency
Nothing contained herein is intended to nor shall create an agency relationship between the
COUNTY and LOCAL GOVERNMENT.
Page 6 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 20 No Assignability
Neither this Agreement nor any obligation hereunder shall be assigned, subcontracted,transferred
or otherwise encumbered by LOCAL GOVERNMENT, without the prior written consent of the
COUNTY.
Section 21 Amendments
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
Section 22 Waiver
If the COUNTY shall waive any provisions of the Agreement or fail to enforce any of the
conditions or provisions of this Agreement, such waiver shall not be deemed a continuing waiver
and shall never be construed as such; and the COUNTY shall thereafter have the right to insist
upon the enforcement of such conditions or provisions.
Section 24 Continuing Obligations
Duties or obligations that are of a continuing nature extending beyond the Agreement's
expiration or termination, including but not limited to those set forth in Section 7, shall survive
the Agreement's termination or expiration.
Section 25 Joint Preparation
The preparation of this Agreement has been a joint effort of the parties, and the resulting document
shall not be construed more severely against one of the parties than the other.
Page 7 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
Section 26 Severability
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
Balance of page left intentionally blank
Page 8 of 9 .
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County ISS Services
IN WITNESS WHEREOF,the COUNTY and LOCAL GOVERNMENT have each caused this
Agreement to be executed by its duly authorized official as of the date first set forth above.
R2020 0172
ATTEST:
„,,,,,,,,NAS„ Palm Beach County, By Its LEB 1 1 2020
Sharon R. Bock, Clerk vt4, r, Board of County Commissioners
.
4
r,
By: L.i.,:u.`. ( 14, 0' By: _, —_-
Deputy C •,db..
• �.� Mayor Dave Kerner
rrryri,hQ� +s
(SEAL) `��......:k•��
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
,,- .Z..---.----'
By: By: 4f--
County Attorney Archie Satchell, CIO,ISS
City of Boynton Beach
.4 , r X--
By: c By:
C tal Gibson, City Clerk Steven B. Grant, Mayor
t,
t \ 4,
APPROVED AS TO/F9RM AND \ �'4-----
LEGAL SUFFICI • Y
f
it j)` ��,/
. ,1'1-.--�r c'•'V
� Cy i\
By: dii4A,
James A. C 1 r, City Attorney
Page 9 of 9
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Exhibit A
The purpose of this Exhibit is to delineate the network services to be provided to the LOCAL
GOVERNMENT by the COUNTY to identify the roles and responsibilities of the COUNTY and
the LOCAL GOVERNMENT in this regard,to establish a problem resolution and issue escalation
procedure, and to specify associated costs and payment requirements.
These network services originally commenced on January 12, 2010.
Section A: General Requirements for Network Services
Network services must be approved by both the COUNTY and the LOCAL GOVERNMENT if
said connection affects the entire network. However, all network services must meet the agreed-
upon technical specifications.
The COUNTY shall provide the LOCAL GOVERNMENT with access to the COUNTY's network
on a best-effort basis and as otherwise provided for herein.
Section B: Responsibilities for Network Management
The COUNTY shall be responsible for the routine, day-to-day management of the COUNTY
network. Each party shall be responsible for day-to-day administration of the network routers
which they individually own.
The COUNTY shall be responsible for maintaining the primary network and all auxiliary
components of the network which exclusively serve COUNTY facilities. The COUNTY shall also
maintain auxiliary portions of the network which service both COUNTY and LOCAL
GOVERNMENT owned facilities. The LOCAL GOVERNMENT shall maintain that portion of
its own network which exclusively serves its facilities.
The COUNTY shall monitor bandwidth utilization on any network link between the COUNTY
and the LOCAL GOVERNMENT.
Page 1 of 10
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Should the COUNTY perform repair and maintenance functions on behalf of the LOCAL
GOVERNMENT, it is with the understanding that the COUNTY's responsibility extends only to
the LOCAL GOVERNMENT"demarcation point." The demarcation point is the location which
defines where issues of maintenance responsibilities begin and end, considered to be COUNTY-
owned network equipment inside each of the LOCAL GOVERNMENT's buildings or facilities
connected to the COUNTY network. The COUNTY will be responsible for maintaining all
network infrastructures to the point of the network equipment connection to the LOCAL
GOVERNMENT demarcation point(s). Entrance facilities at LOCAL GOVERNMENT owned
locations from the road to demarcation point belong to the LOCAL GOVERNMENT,whereas the
fiber within may belong to the COUNTY.
Maintenance and restoration work provided by the COUNTY shall be limited to the fiber optic
cable and service drops, the individual fibers within the cable and service drops, all 802.16 radio
equipment, and the COUNTY routers installed at the LOCAL GOVERNMENT. The COUNTY
shall have no obligation or right to perform maintenance or restoration on any electronics or other
equipment owned by the LOCAL GOVERNMENT or any third party. Notwithstanding the
foregoing, should the need arise for maintenance or restoration, the parties hereto may agree to an
amendment to this Agreement permitting the COUNTY to perform maintenance or restoration on
LOCAL GOVERNMENT owned electronics or other equipment.
The COUNTY shall provide maintenance to COUNTY owned and operated equipment on a 7-
day/24-hour basis and may contract for repair services when deemed necessary. The COUNTY
shall abide by agreed upon security requirements of the LOCAL GOVERNMENT. In the event
that an outside contractor is needed,the COUNTY shall select, supervise, and coordinate with the
contractor to complete the repair.
Section C: Network Equipment Ownership
The COUNTY, as represented by the COUNTY, shall own all of its network equipment and assets.
The LOCAL GOVERNMENT shall continue to maintain ownership of its current network assets.
Only the COUNTY is permitted to connect, expand, or otherwise routinely modify its network
components. Furthermore, any and all technological changes relative to the network will be
implemented at the discretion of the COUNTY. Notwithstanding the foregoing, the COUNTY
agrees to use its best efforts to keep pace with technological changes.
Page 2 of 10
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Should the LOCAL GOVERNMENT receive grant funds to assist with the construction or
maintenance of the network, any provisions,limitations,or restrictions associated with the grant(s)
shall not affect or apply to the COUNTY. •
Section D: Network Connection
The LOCAL GOVERNMENT will be provided with a connection to the COUNTY fiber network
to meet the network service requirements as specified in this Exhibit. The LOCAL
GOVERNMENT shall pay the installation charges and monthly charges as set forth in this Exhibit.
Section E: Modifications to Network
If the LOCAL GOVERNMENT proposes a modification or connection of a new building to the
network,it shall notify and submit any applicable construction documents to the COUNTY at least
thirty(30)calendar days prior to the date construction activities are expected to commence. Should
the planned activities of the LOCAL GOVERNMENT require the network to be upgraded, the
LOCAL GOVERNMENT shall be solely responsible for payment of all costs associated with such
modifications, unless there is prior agreement with the COUNTY to participate in a cost-sharing
arrangement for the modification.
The COUNTY shall review the modification proposals as soon as practicable and will render
recommendations with regard to the proposed modification. Any modifications or connections to
the network that may cause disruption or interference of service to any network users shall be
coordinated with the appropriate technical staff of both the LOCAL GOVERNMENT and the
COUNTY. The COUNTY agrees to perform such work at a time and in a manner to minimize
disruption and interference to the network users.
When either the LOCAL GOVERNMENT or the COUNTY enters into a contract with an outside
contractor for network-related services which benefit only that party, the contracting party shall
be individually responsible for remitting payment to the contractor performing work on the
network, and the non-contracting party shall not be responsible or held liable for such payment.
However,proposed changes to the network must be communicated in writing to the COUNTY for
review and approval. The parties however agree to comply with network security provisions.
Page 3 of 10
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Section F: Network Interferences
The COUNTY shall have no requirement to purchase, install, operate, or maintain any equipment
on the premises of the LOCAL GOVERNMENT. However, should any equipment owned by the
LOCAL GOVERNMENT render any harmful interference to the COUNTY's network equipment,
the COUNTY may disconnect any or all LOCAL GOVERNMENT owned network connections
after informing the LOCAL GOVERNMENT's designated technical Point of Contact (POC) of
the underlying reasons for the planned action to disconnect network facilities. Immediate efforts
will focus on attempting to resolve or remove the threat conditions. The COUNTY shall be the
sole party to determine if harmful interference has impacted the COUNTY network. The
COUNTY will utilize its best efforts to prevent any unanticipated network outages should
interferences be noted.
Section G: Damage Caused by Disasters
Should the network sustain damage to an Auxiliary Route used only by either the LOCAL
GOVERNMENT or the COUNTY, the owning party shall determine if the cable will be repaired
or replaced.
Section H: Network Security
The parties to this Exhibit acknowledge the potential of unlawful hacking to gain surreptitious
access into confidential systems. The COUNTY has implemented reasonable steps and safeguards
as part of a network security program, but these systems may not be able to defeat every attempt
to gain unlawful access to applications or data. Each party is responsible for protecting its own
applications, databases, and servers. Each party, however, shall review each other's security
procedures and notify each other with reasonable promptness of concerns or issues regarding the
same.
Section I: Description of Services
A. Baseline services from the COUNTY through the COUNTY will include:
1. ongoing maintenance of connectivity to the demarcation point(s);
2. central network security at the COUNTY router port that feeds the LOCAL
GOVERNMENT network router connection;
Page 4 of io
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
If necessary, security may shut down the LOCAL GOVERNMENT's entire
building feed to protect the networked systems from computer worms and viruses.
3. network design;
4. acquisition and management of network assets;
5. installation or relocation of network connections, wiring upgrades, installation of
bandwidth upgrades, or other specialized services;
6. network equipment installation and maintenance;
7. network security on COUNTY side of the demarcation point;
8. monitoring of network performance;
9. trouble reporting and tracking;
lo. maintenance of the environmental factors in the COUNTY's facilities and closets
housing equipment crucial to the health and stability of the Network, including air
conditioning,power conditioning, and UPS equipment; and
ii. disaster recovery protection, system reliability, and stability during power outages.
B. LOCAL GOVERNMENT Responsibilities will include:
i. all intra-building Network maintenance and security;
2. ensuring that back-door connectivity behind the building router is prohibited;
3. provisioning of its Dynamic Host Configuration Protocol (DHCP) services;
4. building infrastructure connectivity;
5. all grid (jack), wiring identification, and tracking for LOCAL GOVERNMENT
owned facilities;
6. providing, where possible, network engineers or technicians to assist with all
portions of network equipment attachments, from provisioning to troubleshooting;
Initial diagnostic actions will ideally be performed by the LOCAL
GOVERNMENT technical staff to evaluate whether the cause of any system
problem is associated with factors under the control of the LOCAL
GOVERNMENT.
7. ensuring that network security hardware and software is installed in order to
minimize the risk of a virus and surreptitious or otherwise inappropriate network
entry;
Page 5 of 10
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
The LOCAL GOVERNMENT will ensure that security procedures, hardware, and
software are in place to prevent unauthorized access to the COUNTY network from
LOCAL GOVERNMENT owned network property.
8. requesting changes in network equipment attachments services;
Requests for changes shall be submitted to ISS CIO, or designee, for action. The
LOCAL GOVERNMENT shall be advised of the disposition of the request within
thirty (30) calendar days of submission. Such request shall include extension of
network services to additional sites identified by the LOCAL GOVERNMENT.
The LOCAL GOVERNMENT shall be responsible for all reasonable costs
associated with requested changes to network services approved by the COUNTY,
which approval shall not be unreasonably withheld.
9. providing, at its expense, the following equipment and facilities at each LOCAL
GOVERNMENT owned building(if required):
❑ an environmentally stable and secure area large enough to accommodate a
1 9"-wide rack with a height up to 7 feet; and
This area shall contain two (2) dedicated electrical circuits for providing
power to the switching equipment.
❑ air conditioning units which deliver a capacity of BTUs to the equipment
room as specified by the manufacturer of equipment installed at the LOCAL
GOVERNMENT's site.
The LOCAL GOVERNMENT shall periodically monitor the air
conditioning units to ensure temperatures are within acceptable limits.
10. adhering to a documented plan of security strategies deployed to prevent
unauthorized access into the physical location(s) where network access could be
gained, and ensuring that it has robust and efficient security software and
procedures in place to prevent unauthorized access to the network; and
ii. promptly paying for the COUNTY's charges, such charges being set out in Section
N of this Exhibit, which charges will be invoiced quarterly.
Page 6 of io
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Section J: Availability of COUNTY Network Services
The COUNTY will provide the LOCAL GOVERNMENT with access to the COUNTY network
on a best-effort basis. The COUNTY's goal will be to provide 99.9%availability. The COUNTY
reserves the right to prioritize its maintenance and recovery efforts, while at the same time
providing availability to the LOCAL GOVERNMENT.
In the event that Network availability is documented by the COUNTY and declared by the LOCAL
GOVERNMENT to be less than 99.9% for two (2) consecutive months, the LOCAL
GOVERNMENT shall not be liable for service charges beyond the date of said declaration of non-
performance until service is satisfactorily restored. The reduction of previously paid or dismissal
of unpaid service fees will be calculated on a pro-rata basis.
Section K: Protocol for Reporting Network Service Problems
All service issues should first be reported to the LOCAL GOVERNMENT's IT support staff. If
the LOCAL GOVERNMENT's initial diagnosis of the reported problem indicates that it is related
to network connectivity (e.g., connection lost, slow response time) rather than a problem at the
application, server, or desktop computer level, the IT technician should immediately report the
service problem to the County Network Operations Center at 561-355-HELP (4357). All service
problems reported by the LOCAL GOVERNMENT will be recorded and tracked in the
COUNTY's Automated Help Desk System until problem resolution and service restoration.
Response time service levels are established at the time the call is reported based on the severity
of the issue. The service level target for problem diagnosis and response to the LOCAL
GOVERNMENT is within one(1)hour of the reported problem. The COUNTY also employs an
escalation process for problems which are not resolved according to the established standards.
Section L: Access for Network Service and Maintenance
The COUNTY shall coordinate with and obtain prior written approval from the LOCAL
GOVERNMENT designee as to the time of any planned maintenance, repair, or installation work.
However, the LOCAL GOVERNMENT shall provide the COUNTY with access to its equipment
on a 24-hour/7-day per week basis. During normal business hours,the COUNTY shall ensure that
all the COUNTY personnel or contractors representing the COUNTY sign in prior to commencing
any work, and sign out prior to leaving the facility. On weekends, holidays, or after normal
Page 7 of 10
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
business hours, the COUNTY's representative shall call the LOCAL GOVERNMENT to report
any emergency that requires access to any LOCAL GOVERNMENT owned facility. The LOCAL
GOVERNMENT shall make reasonable efforts to arrange for access of the COUNTY's personnel
as quickly as possible. The COUNTY shall supply the LOCAL GOVERNMENT with a list of
authorized COUNTY employees who will carry in their possession badges for identification
purposes.
The COUNTY represents that it has verified that neither the COUNTY nor the COUNTY's
contractors, nor any of their respective employees, agents, or representatives who have been
convicted or who are currently under investigation for a crime delineated in Florida Statutes
§435.04 shall have access to LOCAL GOVERNMENT owned buildings under the Agreement.
Section M: Issue Escalation Contacts
Palm Beach County ISS
Palm Beach County 24x7 Network Services Help Desk: 561-355-HELP (4357)
Jenise Link, Senior Manager
561-355-6119 (office)
772-766-1309(cell)
ilinkApbcgov.org
Michael Butler, Director of ISS Network Services
561-355-4601 (office)
561-722-0850 (cell)
mbutler 2iipbcgov.org
Archie Satchell, Chief Information Officer of ISS
561-355-3275 (office)
772-979-6607 (cell)
asatchellApbcgov.org
LOCAL GOVERNMENT Information Services
Charles Stevens, Jr., IT Network Manager
561-742-6079 (office)
561-644-4214 (cell)
stevensc@bbfl.us
Page 8 of io
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
Section N: Fees and Charges for Network Connectivity and Related Services
The COUNTY will serve as project manager and incur all costs associated with the installation
and connection of the network and network equipment at the LOCAL GOVERNMENT's building.
The LOCAL GOVERNMENT will be responsible for reimbursement to the COUNTY of said
costs, as listed and described in the Table below under"Installation Charges".
Service charges, as listed and described in the Table below, will be assessed on a monthly basis,
and the COUNTY will invoice the LOCAL GOVERNMENT quarterly.
LOCAL GOVERNMENT Network Service and Billing Matrix
Monthly Monthly FL Yearly
Service Band- Installation County LambdaRail Charges
Location Start Date width Charges Charges Charges (excl.Install) _
100 East Boynton
Beach Boulevard,
Boynton Beach,FL 1/12/2010 100 Mb $o $300 $50 $4,200
33425-0310
Network Hand-off 2/1/2020 $250 $25 $o $300
TOTALS $250 $325 $50 $4,500
Explanation of Charges:
Installation Charges—This is a one-time fee for setup and installation.
Monthly COUNTY Charges—The monthly charge paid by the LOCAL GOVERNMENT based on the
COUNTY Rate Sheet for Network Services.
Monthly Florida LambdaRail(FLR)Charges—FLR charges the COUNTY this fee to connect the
LOCAL GOVERNMENT to the FLR via PBCnet. This fee is set by the agreement between the COUNTY
and the FLR and is subject to change. This fee is a direct pass through cost to the LOCAL
GOVERNMENT(see Sub-section Ni. -Cost Components below).
Yearly Charges—The total annual recurring charges,excluding installation charges,paid by the
LOCAL GOVERNMENT.
The COUNTY has received approvals from the FLR for the LOCAL GOVERNMENT to be
connected to the COUNTY fiber network and gain access to the FLR for either interne or transport
purposes.
Page 9 of 10
Agreement with Palm Beach County and City of Boynton Beach
Re: Palm Beach County Network Services
NI. Cost Components
The monthly FLR fee identified above includes direct costs incurred by the COUNTY to connect
to the FLR. In the event the Board of Directors of the FLR implement a pricing change and the
County receives notice of that change, the COUNTY agrees to review the financial impact and
make appropriate rate adjustments.
N2. Billing and Payment
The COUNTY shall submit quarterly invoices to the LOCAL GOVERNMENT which shall
include a reference to this Agreement and identify the amount due and payable to the COUNTY.
Section 0: Additional IT Services
Upon request for assistance, the ISS CIO may, at the CIO's discretion, permit staff resources to
assist the LOCAL GOVERNMENT in the execution of certain information technology
responsibilities. These additional services can be requested by submitting a Task Order(Appendix
1). These services will be charged at the rate of$125/hour with a not-to-exceed cost of$50,000
per Task Order. These services may also require the purchase of additional resources, including
but not limited to hardware and software. The LOCAL GOVERNMENT is responsible for all
associated costs for these additional resources. An estimate for each Task Order will be available
upon request by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT agrees to fully
reimburse the COUNTY for all costs associated with the rendering of the COUNTY staff
assistance and/or information technology resources. If the cost of services exceeds $50,000, the
Task Order shall be approved by the Board of County Commissioners.
Section P: Annual Review of Fees and Charges
The COUNTY reserves the right to review the fees and charges included in this Exhibit on a yearly
basis and make appropriate rate adjustments. Should an adjustment be warranted, sixty(60)days
notice will be provided.
Page 10 of 10
$'6-cli co Appendix 1
} 6.4
: Z f.,A
Palm Beach County
kid .4,kiby s.4
Information Systems Services
�i
oRt�4' Task Order < $50,000
Task Order#:
Original Agreement#:
Organization requesting services: City of Boynton Beach
Type of Service:
Location of Service:
Contact Name:
Contact Phone:
Contact eMail:
Requested Date for Completion:
Description of Service/Deliverables+/-
Estimated Amount:
ISS Project Manager/Director: Date:
ISS Fiscal Manager: Date:
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
By: Archie Satchell, CIO, ISS
APPROVED AS TO FORM CITY OF BOYNTON BEACH
AND LEGAL SUFFICIENCY
COUNTY ATTORNEY Name/Title