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R09-122 n- ,_",~+~_"~,",^",,,,,,,,,,---"___'_"''''~'_',"~..,",,.to"'<.,,-,,_.~,....,. ._~ 1 RESOLUTION R09- J)...~ 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHOIUZING 5 THE CITY MANAGER AND CITY CLERK TO EXECUTE 6 AN INTERLOCAL AGREEMENT BETWEEN PALM 7 BEACH COUNTY AND THE CITY OF BOYNTON 8 BEACH FOR INTERCONNECTION TO THE PALM 9 BEACH NETWORK FOR THE PURPOSE OF UTILIZING 10 THE COUNTY AS THE CITY'S INTERNET SERVICE 11 PROVIDER; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Palm Beach County formed the Palm Beach Broadband Coalition in 2006 14 with the mission to deliver broadband internet access to underserved residents and establish a 15 local fiber loop that will provide substantial benefits to numerous governmental, educational, 16 and health care organizations and will support important economic initiatives in the Glades 17 region; and 18 WHEREAS, as the County continues to expand their fiber loop west, the City of 19 Boynton Beach was afforded the opportunity to participate by "linking into" the network at 20 Gateway and 1-95; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 22 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 23 Beach to authorize execution of the Interlocal Agreement with Palm Beach County for 24 interconnection to the Palm Beach County Network for the purpose of utilizing the County as 25 the City's Internet Service Provider and to gain access to the Florida LambaRail network 26 resources. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption S:\CA\RESO\Agreements\lnterlocals\lLA with P8C for Interconnectivity.doc H ' ,...~,~_,~.,*.~..._,.,.....,,,.,,.,",',>_'" .' h~."""~~~""""""'''''' 'C~~', I I i 1 i hereof. 2 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 3 the City Manager and City Clerk to execute an Interloca1 Agreement between the City of 4 Boynton Beach and Palm Beach County for interconnection to the Palm Beach County 5 Network for the purpose of utilizing the County as the City's Internet Service Provider and to 6 gain access to the Florida LambaRail network resources, a copy of said Agreement is attached 7 hereto and made a part here as Exhibit" A". 8 Section 3. That this Resolution shall become effective immediately upon passage. 9 PASSED AND ADOPTED this ~ day of August, 2009. 10 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ 26 27 28 29 ATTEST: ~.,. . 30 31 Commissioner - Marlene Ross 32 .P~ 33 34 'to, CMC 35 36 37 38 5: Is\lLA with P8C for Interconnectivlty.doc Agreement Between Palm Beach County and the City of Boynton Beach RO't-/~~ Re: Interconnectioftote6ar ~e:h (rrtylN6twork Received Interlocal Agreement 1.1.5. Department This Interlocal Agreement ("Agreement") for the Shared1Use ~f~e Palm Beach Cou:f~~b 2010 Network is entered into this day of JAN 2 0 , 2009, by and between The City of Boynton Beach, Florida,(the "City"), and Palm Beach County (the "County"). WITNESSES THAT: WHEREAS, the City and the County have recognized the need for the City to connect to the County's Network ("Network") for the purpose of utilizing the Network as the City's Internet Service Provider and to gain access to the Florida LambdaRail network resources. Specific services to be provided and responsibilities of the parties are set forth in Exhibit "A"; and WHEREAS, the County and City have demonstrated needs for Network connectivity, and both parties are supported by local tax dollars, are stewards of public funds, and are therefore responsible for taking steps to control costs and maximize the potential use of technology in their respective organizations; and WHEREAS, the parties believe that more effective, efficient, and reliable public services will result from the County and the City utilizing a common network infrastructure rather than duplicating facilities and increasing the cost burden borne by both the County and Municipal taxpayers; and WHEREAS, Section 163.01, Florida Statutes, permits municipalities and counties to enter into Interlocal Agreements to make the most efficient use of their powers for the mutual advantage of all entities; and WHEREAS, the parties believe that additional advanced networking initiatives will come to fruition through the synergies of the County government and the City working in unison; and WHEREAS, in recognizing these facts, the City and the County desire to enter into such an agreement which provides for the joint use of such Network and establishes policies for its use by each organization. Page 1 of 17 ...~.",,,~.,..._.,~ ........."~-.-........-""..,."~._.."""... ~~.,""__~'"""""'_.,.._''''''''''~.A'. ,,-... "-_,^_".,..",,,~......,,_",. _,., M ,.,~-~.~'.."'~"........"..~~ -....q....-..-..,.".""~,._-~"".'"~-, Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network NOW, TIlEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the parties do mutually agree as follows: AGREEMENT Section 1 Pm1Jose The purpose of this Agreement is to interconnect the City to the County's Network for the purposes described in Exhibit" A". The Network is defined as the cable, associated fibers, and splice enclosures (including hubs, routers, and switches) comprising the Primary Route and Auxiliary Routes throughout Palm Beach County used by County government, the City of Boynton Beach and other third parties who enter into appropriate licensing agreements with the County. Section 2 Apllroval The County approves of the City's participation in the use of the County's wide area network and such services as specified in Exhibit "A". This Agreement shall become effective upon its execution by both parties. Section 3 Term The term of this Agreement, unless terminated as provided herein, is a period of one year. This Agreement shall automatically be renewed annually unless either party gives written notice of termination of this Agreement as provided for in Section 11 herein. Section 4 Network Connection The City will be provided with a fiber connection and sufficient bandwidth capacity to meet the City's network service requirements specified in the attached Service Level Agreement (Exhibit "A"). The City shall pay all related connection costs, including the drop from the Network to the facility, all equipment necessary to utilize the Network for the intended purposes of the City, and all associated labor costs to connect to the City's facility. Additionally, the City shall pay for its calculated share of the operating costs associated with the County's network services delivered in accordance with Exhibit" A". Page 2 oil7 .' _......,.-~._----"-,"""+~~,,-''"--._-_.,.. ..,._.'..........._---~_._,."'..,.,......,..-'~.....~.."",.,,.""~_.~--,..,,.~._.'."".-"""- -,...,.....,--.'_._.~-'<_.,.........-....,""'~.........,--~."'~....-..-.-'.''"''.'' Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network Section 5 llesale of Network Services The City shall not share or resell any portion of the County's network 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 County's Resgonsibilities for Network Manqement 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 routes 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 City facilities. The City shall maintain that portion of its own network which exclusively serves its facilities. The Palm Beach County ISS Network Services Division (ISS) shall monitor bandwidth utilization on any link between the County and the City. The County shall provide the City with aCGess to the County's Network on a best-effort basis and as otherwise provided for herein. The County agrees to share its network monitoring tools to provide the City's technical staff with the capability to monitor its portions of the Network, and perform local trouble shooting routines prior to escalating any service issue to ISS. Should the County perform repair and maintenance functions on behalf of the City, it is with the understanding that the County's responsibility extends only to the demarcation point. The demarcation point is the location which defines where issues of maintenance responsibilities begin and end, considered to be the County-owned network equipment inside each of the City's buildings or facilities connected to the Palm Beach County Network (hereinafter referred to as "Demarcation Point"). Palm Beach County ISS will be responsible for maintaining all network infrastructures to the point of the network equipment connection to the City's facilities. Entrance facilities at the City's locations from road to Demarcation Point belong to the City whereas the fiber within may belong to the County. Maintenance and r~storation 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, and the County routers installed at each City site. The County shall have no obligation or right to perform Page 3 oil7 ~""-","<"~_"''''''_'''_''''~~'---'''''M^ --"..._-_.._._""..,..................'..,......".......--'~...., .- Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network maintenance or restoration on any electronics or other equipment owned by the City. 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 the City's electronics or other equipment. The County shall provide maintenance on a 7-daY/24-hour basis and may contract for the repair services when deemed necessary. The County shall abide by agreed upon security requirements of the City. In the event that an outside contractor is needed, the County shall select, supervise, and coordinate with the contractor to complete the repair. Section 7 Service Level A8reement Roles and responsibilities of the County and City are described in the Service Level Agreement (SLA) attached hereto as Exhibit "A", and made a part hereof. The SLA also sets forth an issue communication and escalation process, as well as methodologies for billing and paying the quarterly fee for network connectivity. Section 8 Network Ownership The County shall own the Network. The City shall continue to maintain ownership of its current network assets. Only the County is permitted to connect, expand, or otherwise routinely modify the 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. Should the City 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, and vice versa. Section 9 Modifications to Network If the City proposes a modification or connection ofa new facility 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 City require the Network to be upgraded, the City shall be solely responsible for payment of all costs associated with such modifications, unless there is prior agreement by the County to participate in a cost-sharing arrangement for the modification. Page 4 of 17 "-""~-''''''''~<---~~'-~''+'''''''''---"",-, ____,._~~",""_,..,.._..,_.."F,...","'~'...."..,~,.,....'..._._."_"',....,....,.....__........_1_~_ Agreement Between Palm Beach County and the City qfBoynton Beach Re: Interconnection to the Palm Beach County Network 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 City 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 City 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. Section 10 Network Interferences The County shall have no requirement to purchase, install, operate, or maintain any equipment on the premises of the City. However, should any equipment owned by the City render any harmful interference to the County Network, ISS may disconnect any or all City connections after informing the City's designated Point of Contact (POC) of the underlying reasons for the planned action to disconnect the City 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. ISS will utilize its best efforts to prevent any unanticipated network outages should interferences be noted. Section 11 Termination for Convenience Either party may terminate its participation in this Agreement upon ninety (90) days written notice to the other party. Notwithstanding the foregoing, each party shall endeavor to provide the other party with as much advance notice as practicable if it contemplates that it might desire to terminate this Agreement, so as to allow the non-terminating party the maximum amount of time to make alternative plans to replace the lost services/revenue. In such event, the terminating party shall pay all sums due through the effective date of the termination. Termination of this Agreement by either party may also be contingent upon the annual appropriation for these services by the party's governing body. Page 5 of 17 ~'."~--"'-"" ____i<'.._,-,....,,_..,~_.....""~_,._.......__.,__...__..............______..,.,....~ Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network Section 12 Indemnification and Hold Harmless The City and the County recognize their respective liability for certain tortuous acts of its agents, officers, employees, and invitees, and agree to be responsible, respectively, for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees. 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. Each party agrees to maintain sufficient professional, general liability, and workers' compensation coverage, unless self-insured, regarding its respective liability throughout the term of this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege, except the provisions hereof involving indemnification or limitation of liability of the City and the County. The parties to this Agreement acknowledge the potential of unlawful hacking to gain surreptitious access into confidential systems. ISS 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, data bases, 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 13 Damaae Caused by Disasters Should the Network be damaged or destroyed by a natural or man-made event to the extent that the cost to repair or replace the line, including utility pole replacement, exceeds 50% of the original installation costs, this Interlocal Agreement is automatically terminated unless the governing bodies of both the City and County authorize its continuation and associated funding to repair or restore the affected area(s). Should the Network sustain damage to an Auxiliary Route used only by either the City or the County, the owning party shall determine if the line will be repaired or replaced. Page 6 of 17 <<'......, '~""~-'~-'--" -- ----''''''''''--'-''',''''-,.~-------...., Agreement Between Palm Beach County and the City of Boynton Beach , Re: Interconnection to the Palm Beach County Network Section 14 Miscellaneous No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim, or cause of action, or create any third-party beneficiary rights against either party. In the event that anyone or more of the provisions in this Agreement shall for any reason be held to have no force and effect,. this Agreement shall, if possible, be interpreted in a manner so as to effectuate the intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. All disputes related to this Agreement shall in the first instance be referred to the appropriate executives of each party for resolution. This Agreement is the subject of negotiation between the parties and should not be interpreted more favorably toward one party over the other. Section 15 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 7 oil7 ~""-""'"~-""'".""'''~'''''''''''''.. j. "'. , .....---..., ... -.--.--..........---.. Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network To: Municipality: City of Boynton Beach Attention: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 With a copy to: City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 With a copy to: Director, Information Systems City of Boynton Beach toO E. Boynton Beach Blvd. Boynton Beach, Florida 33425 To: COUN1Y: Robert Weisman, County Administrator Palm Beach County Board of County Commissioners 301 N. Olive Avenue, 11th FL West Palm Beach, FL 33401 Telephone: 561-355-2712 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 16 Entire .Agreement This Agreement represents the entire agreement between the City and the County and supersedes all prior agreements or representations, whether written or oral, with respect to the subject matter hereof. No provision of this Agreement may be changed or amended except by written agreement signed by both Agencies. This Agreement shall be binding upon the City and the County and their respective successors and assigns. Page 8 oil7 . ..,._,_ n..',__~_",,,,,,,,,,,,,,,,,. .,.._----~..--..........,.._- """ ~. . ..-. Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network Section 17 Filing This Agreement will become effective upon filing a copy of the signed Agreement with the Palm Beach County Clerk & Comptroller's Office. Section 18 Participation This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in drafting the same. Section 19 Venue for Dispute Resolution This Agreement shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Agreement, venue shall lie in Palm Beach County, Florida. Section 20 Binding A&reement This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. Section 21 Subject to Funding This Agreement is subject to fiscal funding out. Page 9 oil7 Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network Section 22 Signatories to the AgreemeBt ') 0 1 n n 110 JAN 1 2 2010 1\ L J ~ ~ ,~ ArrEST: ...... ,'" ',\ , Palm Beach County, Florida, By Its _::,:..< -"~; \: r !" . Board of County Commissioners Sharon R. Bock, Clerk ~:e~mptrolle.r'/" . ;" "-',' ',:: By. ';'I.~,~'~S:~~:"" "~k' ...~~~;, BY~ - Burt: Aar. son, Chair , 1\\\\\\\\,~"",,,'-0-"" (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By:J~~~ By: ~ Ik-t~{~.~ County Atto Director, ISS ATTEST: The City of Boynton Beach r By: Page 10 of 17 _ .'~m..,,_,.,____,..,-.-_ ~ - -.._._____0_"_'___ . ----,--~,----- Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Pabn Beach County Network EXHIBIT A PALM BEACH COUNTY INFORMATION SYSTEMS SERVICES SERVICE LEVEL AGREEMENT The purpose of this Service Level Agreement is to identify the roles and responsibilities of ISS and the City in carrying out the terms of the Interlocal Agreement re: Interconnection to the Palm Beach County Network. This Service Level Agreement delineates the services to be provided by ISS, sets forth network availability standards, establishes an escalation protocol, and describes the associated costs and payment requirements. I. Annual Planning and Service Level Aareement Review There will be an annual review of this Service Level Agreement (SLA). The SLA will document the types of network services to be provided under the Agreement, as well as the annual cost of these services, and the roles and responsibilities of each Agency. Connection to the Network must be approved by both the County and the City if said connection affects the entire Network. However, all connections must meet the agreed-upon technical specifications. II. Description of Services A. Baseline services from ISS will include: 1. Ongoing maintenance of connectivity to the demarcation point(s); 2. Central network security will be maintained by ISS at the ISS router port that feeds the City's network (router) connection. If necessary, security may shut down the 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 maintenance; Page 11 oh 7 m~_'.-~....,."....., ......,---._---------~'--""'."'''.",---- Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network 7. Network security on ISS side of demarcation point; 8. Monitoring of Network performance; 9. Trouble reporting and tracking; 10. Maintenance of the environmental factors in the facilities and closets housing equipment crucial to the health and stability of the Network, including air conditioning, power conditioning, and UPS equipment; and 11. Disaster recovery protection, system reliability, and stability during power outages. B. City Responsibilities 1. All intra-building network maintenance and security of the facility; 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 City-owned facilities; 6. The City agrees to provide, where possible, network engineers or technicians to assist with all portions of network operations, from provisioning to troubleshooting. Initial diagnostic actions will ideally be performed by City staff to evaluate whether the cause of any system problem is associated with factors under the control of the City; and 7. The City shall install network security hardware and software as specified by the County to minimize the risk of a virus and surreptitious or otherwise inappropriate network entry. The City will modify and enhance security procedures, hardware, and software as required by the County or to the satisfaction of the County ISS Department to prevent unauthorized access to the County Network. 8. The City may request changes in network services. Requests for changes shall he submitted to the County ISS Director, or designee, for action. The City shall be advised of the disposition of the request within thirty (30) calendar Page 12 oil7 ...'w",...._......-,.,...... _,,__ ._..___ --""....._..,,~...,',. Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Netwark days of submission. Such request shall include extension of Network services to additional sites indentified by the City. The City shall be responsible for all reasonable costs associated with requested changes to the Network services approved by the County, which approval shall not be unreasonably withheld. 9. The City will provide, at its expense, the following equipment and facilities at each City location (if required): . An environmentally stable and secure area large enough to accommodate a 19" -wide rack with a height up to 7 feet. 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 City's site; and the Municipality shall periodically monitor to ensure temperatures are within acceptable limits. 10. The City shall adhere to a documented plan of security strategies deployed to prevent unauthorized access into the physicallocation(s) where Network access could be gained. Further, the City shall ensure that it has robust and efficient security software and procedures in place to prevent unauthorized access to the Network. 11. The City shall promptly pay for the County's reasonable charges which will be invoiced quarterly. Page 13 oil7 ,.. '~-'~~"---_.""~-" .......--._~ , Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network III. Avallability of the County Network Services The County will provide the City with access to the County's 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 City. In the event that network availability is documented by the County and declared by the City to be less than 99.9% for two (2) consecutive months, the City shall not be liable for service fees 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. The County will monitor the City's utilization of the Network to ensure sufficient capacity. Should the usage exceed 60% for a period of thirty (30) days or more, the County will initiate a bandwidth upgrade. Estimated upgrade completion time is within sixty (60) days. IV. Protocol for Reportina Network Service Problems All service issues should be reported to the City's IT support staff. If the City'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 level, the technician should immediately report the service problem to the ISS Network Operations Center at 355-HELP (355-4357). All service problems reported by the City 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 City is within four (4) hours of the reported problem. The County also employs an escalation process for problems which are not resolved according to the established standards. Page 14 of 17 ~.~- - ",._..,.,."'..,....".,~~.....~,-,----- ----- ...""'.._......t ....-..- ......" Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network v. Facllity Access for Network Service and Maintenance The County shall coordinate with and obtain prior written approval from the City's designee as to the time of any planned maintenance, repair, or installation work. However, the City 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 ISS 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 business hours, the County's representative shall call the City to report any emergency that requires access to any City facility. The City shall make reasonable efforts to arrange for access of County's personnel as quickly as possible. The County shall supply the City with a list of authorized ISS employees who will carry in their possession badges for identification purposes. All individuals permitted access to the City must be fingerprinted and shall be subjected to a '~ackground check". All of the County's contractors' employees, agents, contractors, and subcontractors must undergo a background check and fingerprinting in accordance with FBI CJIS security policies. The County represents that it has verified, prior to entering into this Agreement, that neither the. County or 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 the City facilities under the Agreement. VI. Problem Escalation Contacts: Palm Beach County ISS Palm Beach County 24X7 Help Desk: 561-355-4357 Mike Butler, Director of ISS Network Services: 561-355-4601 (office) 561-722-0850 (cell) Phil Davidson, Deputy Director of ISS Operations: 561-355-3956 (office) 561-722-3349 (cell) Page 15 of 17 -~., .--.--..,- .'" , ..,--~'" Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network Steve Bordelon, Director ofISS: 561-355-2394 (office) 561-355-2394 (cell) City of Boynton Beach Information Systems VII. Fees and Charges for Network Connectivity and Related Services One of the goals of this Agreement is to establish the lowest competitive pricing for the County Network Services provided to the City. The usage fees for connection to the County's Network and Internet provisioning shall be a flat monthly fee of $700 for the initial point of connection and $500 per month for each additional point of connection with the first month fee pro-rated from the agreed cut-over date. Charges shall be assessed on a monthly basis, and the County will invoice the City quarterly. . A. Cost Components A portion of the flat monthly fee identified above includes direct costs incurred by Palm Beach County to connect to the Florida LambdaRaU. In the event the Board of Directors of the Florida LambdaRail institute a pricing change, Palm Beach County agrees to review the financial impact and make appropriate rate adjustments on an annual basis. The charges for connection to the Network and the Network Services shall be based upon the County's ISS Cost Allocation Plan. The County will provide information relative to the methodologies, including detailed costs and other inputs, from which the plan allocations are derived. The City agrees that the County's cost allocation plan shall be annually reviewed and updated by the County. Notice of changes shall be provided to the City as part of the annual budget preparation process. The City agrees to pay an access charge for rights to connect to the County's Network. Costs applicable to Internet Service and LambaRail interconnection shall be delineated in the ISS Cost Allocation Plan and shall include such components as staff salaries, data lines, software, annual maintenance agreements, contractors, and administrative overhead. B. Billi1l8 and Payment Page 16 of 17 ---.....- .. ~---_., ,......_.~..,,"~'" I...'''" -_..~ Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network The ISS Director may, at his/her discretion, permit staff resources to assist the City in the execution of certain Information Technology responsibilities, assuming that the City agrees to fully reimburse the County for all reasonable costs associated with the rendering of ISS staff assistance. Reasonable costs include the staffs hourly salary rate, fringe benefits, overtime (if applicable), travel, and administrative overhead. These components have all been factored into the standard hourly billing rates as part of the ISS Cost Allocation Plan and will be subject to modification on an annual basis. The County shall submit quarterly invoices to the City which shall include a reference to the Agreement and identify the amounts due and payable to the County. The City will pay such invoices within 30 days of presentation by the County. If the City in good faith disputes any portion of a charge, the County shall be provided with written notice of the billing dispute within 30 days thereafter. Dispute resolution between the County and the City shall be in accordance with Florida law. Page 17 oil7 ~------_.'~-~ -"-'"'-~'-~"''''''''''-'''''''''--'-~'''''"''-''~'''~'- From: Michael Butler (majlto:m~@Dbc9ov.org] Sent: Tuesday, July 28,2009 3:22 PM To: Koch, PhYllis Cc: AIken, Carlos; McNally, John; McOeavitt, Cathy; Lejeune, Carisse; Philip Davidson M.; LaVen1ere, Lori SUItject: Re: One-time and ongoing costs? Phyllis, Monthly recurring charges would be $700 per month and would include access to the County's 450Mbps of Internet access via two providers, Internet 2 access for your library (if you connect them), and access to Northwest Resional Data Center and NAP of the Americas. It would also give you "internal" access to County hosted resources including WebEOC & GeoNAV among others. We provide a very basic level of screening behind our firewalls but that could be expanded depending on your needs. We can also offer spam protection, mail routing, etc. I have gotten the capital cost down to just over $10,000. Because they have the resources deployed right now I have given the go-ahead to complete the construction. We would be interested in 1 network rack and 1 server rack in your facility if possible. I'll contact you on Thursday with the exact fiber quote ( I have to separate it out from our work). If you have any questions please let me know. Thanks, Michael Butler Director, Network Services Palm Beach County 155 301 North Olive Avenue, #401.34 West Palm Beach, FL 33401 (561) 355-4601 Fax (561) 242-6907 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org August 26, 2009 Mr. Robert Weisman, County Administrator Palm Beach County Board of County Commissioners 301 N. Olive Avenue, 11th Floor West Palm Beach, FL 33401 Re: Resolution # R09-122 Agreement Between Palm Beach County and the City of Boynton Beach Re: Interconnection to the Palm Beach County Network Dear Mr. Weisman: Attached for your handling are two (2) partially executed agreements and a copy of the Resolution mentioned above. Once the agreements have been signed, please return one original to the City Clerk's Office for Central File. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~Vn.P~ net M. Prainito, CMC City Clerk Attach ment tis S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2009\R09-122 lLA Utilizining the County's Network.doc America's Gateway to the Gulf'stream