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R13-0091 2 3 4 5 6 r 8 9 1C 11 12 13. 14 1S 16: 17 18 19, 2C- 21 22 23 24 25 26 27 28 29 30 RESOLUTION R13 -009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR INTERCONNECTION TO THE PALM BEACH NETWORK FOR THE PURPOSE OF UTILIZING THE COUNTY AS THE CITY'S INTERNET SERVICE PROVIDER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 18, 2009, the City Commission approved an Interlocal Agreement with Palm Beach County for interconnection to the Palm Beach County Network for the purpose of utilizing the County as the City's Internet Service Provider; and WHEREAS, during a recent audit review of the Agreement, the County has determined that the existing Agreement contained some inconsistent language as it relates to establishing connection charges; and WHEREAS, as a result, the County has modified the format of the original agreement, however the basic terms of the Agreement remain the same; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize execution by the Mayor and City Clerk of the Interlocal Agreement with Palm Beach County for interconnection to the Palm Beach County Network for the purpose of utilizing the County as the City's Internet Service Provider. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Document in Windows Internet Explorer Section 2. The City Commission of the City of Boynton Beach hereby approves and 2 3 4 i h -a 1� 11 12 13 1�t 1 5' 1 1 1 1!) 21) 2' I 22 2:3 24 25 263 2' 213 29 31) 3' 3:? 3� 3 3�i 3E> authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County for interconnection to the Palm Beach County Network for the purpose of utilizing the County as the City's Internet Service Provider, a copy of said Agreement is attached hereto and made a part hereof as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 5 day of February, 2013 CITY OF BOYNTON BEACH, FLORIDA Mayor – Woodrow L. Hay Vice Mayor – Mack McCra5 Z 'or – Je aylor 1 io er – eve olzman ATTEST: Commis ' er - -W - Wayn ega J et M. Prainito, MMC i rk a rate Document in Windows Internet Explorer Clt Agreement u4th Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services I . prll1 Klmliqwsaw This Interlocal Agreement ("Agreement") for information technology ("IT") services is entered into this -----�day of MAR I P 2013 201 3, by and between the City of Boynton Beach ("Municipality") and Palm Beach County ("Count-y") a political subdivision of the State of Florida.. This Agreement rescinds existing Interlocal Agreement R2o10-o11o, dated 1/12/2010. EE T: 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 as defined herein 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 Municipality and the County have recognized the need for the Municipality to obtain IT services ("IT") for the purpose of gaining access to IT resources at a cost savings due to the ability of Palm Beach County to leverage its resources for the greater good of citizen's of Palm Beach County, the State of Florida, and any public sector organization that can benefit from these services; and WHEREAS, in recognizing these facts, the Municipality 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 i PurDose Page 1 of 8 Agreement with Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services The purpose of this Agreement is to provide IT services to the Municipality for the purposes described in the attached Exhibit A. The County approves of the Municipality'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, delineate the services to be provided to the Municipality by the County through its Information Systems Services (ISS) Department, identify the roles and responsibilities of ISS and the Municipality in this regard, and set forth an issue communication, escalation and resolution process, as well as methodologies for billing and paying the quarterly service charges for IT services. The term of this Agreement including Exhibit A, unless terminated as provided herein, is for a period of one (1) year. This Agreement and Exhibit A shall automatically be renewed annually unless either party gives written notice of termination as provided for in Section 6 herein. The effective date is the date of approval by the Board of County Commissioners. The Municipality 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. Either party may terminate its participation in this Agreement upon sixty (6o) 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 Page 2 of 8 Agreement with Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services 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. Section 7 Indenmi The Municipality and the County recognize their respective liability for certain tortious 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 + . + ac ts +,. +� Ih 1 i +„ +t, GiiaiSSion due 0 u e aci.s o its a gents, sen7ants, or emp Su dl iaviiity IS Su jeCt w vie 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. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Municipality_acknowledges to be self - insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains third -party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self - insurance under Section 768.28, Florida Statutes, the Municipality shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage The Municipality agrees to maintain or to be self - insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, the Municipality shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self - insurance and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above mentioned coverage. Page 3 of 8 Agreement with Palau Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services Compliance with the foregoing requirements shall not relieve the Municipality of its liability and obligations under this Agreement. I 1 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 Municipality and County authorize its continuation and associated funding to repair or restore the affected area(s). 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 -parry beneficiary rights against either party. In the event that any one 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 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: To: Municipality: City of Boynton Beach Attention: Lori LaVerriere, Interim City Manager ioo E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 - 0310 (Telephone: 561 - 742 -6 010) Page 4 of 8 Agreement with Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services With a copy to: James A. Cherof, City Attorney City of Boynton Beach loo E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 -0310 (Telephone: 561 - 742 -6o 1o) To: CO Robert Weisman, County Administrator c/o Steve Bordelon, Information Systems Services Director Palm Beach County Board of County Commissioners 3o1 N. Olive Avenue, 8 th floor West Palm Beach, FL 334 (Telephone: 5 -2 394) With a copy to: County Attorney's Office Palm Beach County Board of County Commissioners 3o1 N. Olive Avenue, Suite 6o1 West Palm Beach, FL 3340 (Telephone: 5 - 355 Q 12 Entire Aareement This Agreement represents the entire agreement between the Municipality 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 parties. This Agreement shall be binding upon the Municipality and the County and their respective successors and assigns. Section 13 Filing This Agreement shall be filed with the Palm Beach County Clerk & Comptroller's Office. 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. Page 5 of 8 Agreement urfth Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services 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. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. Each party's performance and obligations for subsequent fiscal years are contingent upon annual appropriations for its purpose. 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. Section 19 Access + Audits The Municipality shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing any work under this Agreement for at least three (3) years after completion or termination of this Agreement. The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Municipality's place of business. + + + 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 Page 6 of 8 Agreement with Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services 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 Municipality, 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— 2-44o, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. •. , • Page 7 of 8 Agreement with Palm Beach County and the City of Boynton Beach Re: Palm Beach County ISS Services Sha ron oc� , Clerk & Comptro vi t Y. r /b epu l er k� , , B y: C Lamy Aoe I:Vwvb� 1 { 14 A ".-A't { MAR 1 2 2013 Palm Beach County B C t B 161 910111 ! By: Aw- /14'&'C'o' Steve Bor delon , D irector, 1 t W oodrow May By: t James A Page 8 of 8 Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services 1 *13 so 18 NETWORKSERVICES The purpose of this Exhibit is to delineate the network services to be provided to the City of Boynton Beach ("Municipality") by the County through its Information Systems Services (ISS) Department, to identify the roles and responsibilities of ISS and the Municipality in this regard, to establish a problem resolution and issue escalation procedure, and to specify associated costs and payment requirements. Network services must be approved by both ISS and the Municipality if said connection affects the entire network. However, all network services must meet the agreed-upon technical specifications. ISS shall provide the Municipality with access to the County's network on a best-effort basis and as otherwise provided for herein. ISS 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. ISS shall be responsible for maintaining the primary network and all auxiliary components of the network which exclusively serve County facilities. ISS shall also maintain auxiliary portions of the network which service both County and Municipality owned facilities. The Municipality shall maintain that portion of its own network which exclusively serves its facilities. ISS shall monitor bandwidth utilization on any network link between the County and the Municipality. Page 1 of io Agreement urith Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services Should ISS perform repair and maintenance functions on behalf of the Municipality, it is with the understanding that ISS's responsibility extends only to the Municipality "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 Municipality's buildings or facilities connected to the County network. ISS will be responsible for maintaining all network infrastructures to the point of the network equipment connection to the Municipality demarcation point(s). Entrance facilities at Municipality owned locations from the road to demarcation point belong to the Municipality, whereas the fiber within may belong to the County. Maintenance and restoration work provided by ISS 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 ISS routers installed at the Municipality. ISS shall have no obligation or right to perform maintenance or restoration on any electronics or other equipment owned by the Municipality 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 ISS to perform maintenance or restoration on Municipality owned electronics or other equipment. ISS 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. ISS shall abide by agreed upon security requirements of the Municipality. In the event that an outside contractor is needed, ISS shall select, supervise, and coordinate with the contractor to complete the repair. s The County, as represented by ISS, shall own all of its network equipment and assets. The Municipality shall continue to maintain ownership of its current network assets. Only ISS 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 ISS. Notwithstanding the foregoing, ISS agrees to use its best efforts to keep pace with technological changes. Page 2 of 10 Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services Should the Municipality 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 ISS, and vice versa. 1 Ir The Municipality will be provided with a connection to the Palm Beach County fiber network to meet the network service requirements as specified in this Exhibit. The Municipality shall pay the installation charges and monthly charges as set forth in this Exhibit. If the Municipality proposes a modification or connection of a new building to the network, it shall notify and submit any applicable construction documents to ISS at least thirty (30) calendar days prior to the date construction activities are expected to commence. Should the planned activities of the Municipality require the network to be upgraded, the Municipality 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. ISS 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 Municipality and ISS. ISS agrees to perform such work at a time and in a manner to minimize disruption and interference to the network users. When either the Municipality or ISS enters into a contract with an outside contractor for network - related services which benefit only that party, the contracting parry 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 ISS for review and approval. The parties however agree to comply with network security provisions. Page 3 of 10 Agreement urith Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services ISS shall have no requirement to purchase, install, operate, or maintain any equipment on the premises of the Municipality. However, should any equipment owned by the Municipality render any harmful interference to the County's network equipment, ISS may disconnect any or all Municipality owned network connections after informing the Municipality'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. ISS 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. Should the network sustain damage to an Auxiliary Route used only by either the Municipality or the County, the owning party shall determine if the cable will be repaired or replaced. Section The parties to this Exhibit acknowledge the potential of unlawful hacking to gain surreptitious access into confidential systems. ISS 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 1: DescriDtion A. Baseline services from the County through ISS will include: 1. ongoing maintenance of connectivity to the demarcation point(s); 2. central network security at the ISS router port that feeds the Municipality network router connection; If necessary, security may shut down the Municipality's entire building feed to protect the networked systems from computer worms and viruses. Page 4 of 10 Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services 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; 10. maintenance of the environmental factors in ISS's 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. Municipality Responsibilities will include: 1. 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 Municipality 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 Municipality technical staff to evaluate whether the cause of any system problem is associated with factors under the control of the Municipality. T 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; The Municipality will ensure that security procedures, hardware, and software are in place to prevent unauthorized access to the County network from Municipality owned network property. Page 5 Of 10 Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services 8. requesting changes in network equipment attachments services; Requests for changes shall be submitted to ISS Director, or designee, for action. The Municipality 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 indentified by the Municipality. The Municipality shall be responsible for all reasonable costs associated with requested changes to network services approved by ISS, which approval shall not be unreasonably withheld. 9. providing, at its expense, the following equipment and facilities at each Municipality owned building (if required): • an environmentally stable and secure area large enough to accommodate a 19"-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 Municipality's site. The Municipality 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 11. promptly paying for ISS's charges, such charges being set out in Section N of this Exhibit, which charges will be invoiced quarterly. ISS will provide the Municipality with access to the County network on a best-effort basis. ISS's goal will be to provide 99.9% availability. ISS reserves the right to prioritize its maintenance and recovery efforts, while at the same time providing availability to the Municipality. Page 6 of lo Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services In the event that Network availability is documented by ISS and declared by the Municipality to be less than 99.9% for two (2) consecutive months, the Municipality 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. 11� lip ir;1111111!111;11��11�11� 1 11 3V no I =1 IT All service issues should first be reported to the Municipality's IT support staff. If the Municipality'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 ISS Network Operations Center at 561 -365 -HELP (4357). All service problems reported by the Municipality will be recorded and tracked in ISS'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 Municipality is within one (1) hour of the reported problem. ISS also employs an escalation process for problems which are not resolved according to the established standards. ISS shall coordinate with and obtain prior written approval from the Municipality designee as to the time of any planned maintenance, repair, or installation work. However, the Municipality shall provide ISS with access to its equipment on a 24- hour /7 -day per week basis. During normal business hours, ISS shall ensure that all ISS personnel or contractors representing ISS sign in prior to commencing any work, and sign out prior to leaving the facility. On weekends, holidays, or after normal business hours, ISS's representative shall call the Municipality to report any emergency that requires access to any Municipality owned facility. The Municipality shall make reasonable efforts to arrange for access of ISS's personnel as quickly as possible. ISS shall supply the Municipality with a list of authorized ISS employees who will carry in their possession badges for identification purposes. All individuals permitted access to the Municipality by ISS must be fingerprinted and shall be subjected to a `background check ". All Page 7 of 10 Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services of ISS's contractors' employees, agents, contractors, and subcontractors must undergo a background check and fingerprinting in accordance with FBI CRS security policies. ISS represents that it has verified that neither ISS 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 Municipality owned buildings under the Agreement. Palm Beach County ISS Palm Beach County 207 Network Services Help Desk: 561 355 - HELP (4357) Michael Butler, Director of ISS Network Services 56i 46o1(office) 561 - 722 -0850 (cell) Phil Davidson, Deputy Director of ISS 561 355 - 3956 (office) 561 - 722 (cell) Steve Bordelon, Director of ISS 561 355 - 2394 (office) 561 -386 -6239 (cell) Municipality Information Services John McNally, Manager of Services 561 - 742 -6070 (office) �. " . One of the goals of this Agreement is to establish the lowest competitive pricing for the County's network services provided to the Municipality. Palm Beach County ISS will serve as project manager and incur all costs associated with the installation and connection of the network and network equipment at the Municipality's building. The Municipality will be responsible for reimbursement to ISS of said costs, as listed and described in the Table below under "Installation Charges ". Page 8 of io Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services Service charges, as listed and described in the Table below, will be assessed on a monthly basis, and ISS will invoice the Municipality quarterly. Municipality Network Service and Billing Matrix Monthly Monthly FL Yearly Service Band- Installation County LambdaRail Charges Location Start Date width Charges Charges Charges (excl. Install) loo E. Boynton Beach Blvd. 1/12/2010 Usage $0 $600 $100 $8,400 Boynton Beach, FL TOTALS $0 $600 $100 $8,400 Explanation of Charges: Installation Charges — This is an estimated cost. The actual final cost for this installation will be billed to the Municipality as a one -time invoice based on (1) the billing statement from the vendor for this work and (2) the actual cost to PBC ISS of the equipment installed. Monthly County Charges — This monthly charge consists of a flat monthly fee. Monthly Florida LambdaR.ail (FLR) Charges — FLR charges the County this fee to connect the Municipality 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 Municipality (see Sub - section Ni. - Cost Components below). Yearly Charges — The total annual recurring charges, excluding installation charges, paid by the Municipality. ISS has received approvals from the FLR for the Municipality to be connected to the Palm Beach County fiber network and gain access to the FLR for either internet or transport purposes. The monthly FLR fee identified above includes direct costs incurred by ISS to connect to the FLR. In the event the Board of Directors of the FLR implement a pricing change, ISS agrees to review the financial impact and make appropriate rate adjustments. Page 9 of 10 Agreement with Palm Beach County and the Boynton Beach Re: Palm Beach County Network Services The County shall submit quarterly invoices to the Municipality which shall include a reference to this Agreement and identify the amount due and payable to the County. Payment will be made in accordance with the Florida Local Government Prompt Payment Act, as amended, which also establishes a process and remedies for non - compliance. Upon request for assistance, the ISS Director may, at the Director's discretion, permit staff resources to assist the Municipality in the execution of certain information technology responsibilities. These additional services can be requested by submitting a Task Order (Attachment 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 Municipality is responsible for all associated costs for these additional resources. An estimate for each Task Order will be available upon request by the Municipality. The Municipality agrees to fully reimburse ISS for all costs associated with the rendering of ISS 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. ISS 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. Any such rate adjustments shall be reduced to writing via an Amendment to be executed by all parties. . ., . w Task Order #: Original Agreement #R: Organization requesting services: 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: Project Office: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS By: Steve Bordelon, Director, ISS APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: Date: CKIJ �I �' /��■ i ■T:T�I'1