R19-147 1 RESOLUTION NO. R19-147
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO SIGN A ONE-YEAR CONTRACT WITH
7 AUTOMATIC RENEWALS WITH NORTHWEST REGIONAL
8 DATA CENTER FOR THE PURCHASE OF EQUIPMENT AND
9 COLOCATION SERVICES IN THE AMOUNT OF $16,729.75; AND
0 PROVIDING AN EFFECTIVE DATE.
1
2
3 WHEREAS,the ITS Department is requesting approval to relocate the City's disaster
4 recovery datacenter that is currently hosted at 365 Datacenters in Boca Raton, Florida to the
5 Northwest Regional Data Center in Tallahassee, Florida; and
6 WHEREAS, this move is needed to establish geographic separation between the
7 City's primary datacenter and the disaster recovery data center; and
8 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the
9 recommendation of staff, deems it to be in the best interests of the City residents to approve
'0 and authorize the City Manager to sign a one-year contract with automatic one-year renewals
•1 with Northwest Regional Data Center for the purchase of equipment and colocation services
'2 in the amount of$16,729.75.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
'4 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
'5 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
'6 being true and correct and are hereby made a specific part of this Resolution upon adoption
'7 hereof.
'8 Section 2. The City Commission hereby approves and authorizes the City
'9 Manager to sign a one-year contract with automatic one-year renewals with Northwest
;0 Regional Data Center for the purchase of equipment and colocation services in the amount of
;1 $16,729.75, a copy of the Contract is attached hereto as Exhibit"A."
S:\CA\RESO\Agreements\Contract with Northwest Regional Data Center-Reso.docx
2 Section 3. This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this day of December, 2019.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6 YES NO
7 Mayor—Steven B. Grant
8
9 Vice Mayor—Justin Katz t/
0
1 Commissioner—Mack McCray t/
•2
3 Commissioner—Christina L. Romelus
4
5 Commissioner—Ty Penserga t
•6
7 ATTEST: VOTE S'O
•8
•9
0 C stal Gibson, MMC
1 City Clerk
2 (Corporate Seal)
• CITy
t :
.
•
S:\CA\RESO\Agreements\Contract with Northwest Regional Data Center-Reso.docx
= NwRpc
Contract
By and Between
Northwest Regional Data Center
and
City of Boynton Beach
Contract # NWRM0263
PROJECT: Coloration Contract # NWRM0263
PM: Matt Stolk V.1.0 CREATED 10.30.2019
Agreement Template 11152018
•=NWRDC
PROJECT:City of Boynton Beach Colocation
INTRODUCTION
1.1 Preamble
Northwest Regional Data Center, an auxiliary department of Florida State University governed per
Section 1004.649 Florida Statutes, (hereinafter referred to as NWRDC) was established in 1972 to
provide centralized computing support to public entities in a utility mode operation. NWRDC is self-
funded through customer charges based on each Customer's actual use of NWRDC resources.
Routine charges are calculated and invoiced to the appropriate account on the basis of full recovery
of operating expenses for each fiscal year. NWRDC is governed by a Policy Board comprised of
representatives of the customer community. In accordance with Section 1001.72, Florida Statutes,
the Florida State University Board of Trustees, a public body corporate of the State of Florida, is the
contracting authority that acts for and on behalf of the Florida State University and its auxiliary
department NWRDC for this Agreement.
City of Boynton Beach (hereinafter referred to as Customer) is a city municipality with offices at 3301
Quantum Blvd., Suite 101 Boynton Beach, FL 33426
NWRDC will provide Colocation services further specified in the Statement of Work(SOW). The SOW
(Attachment A)and Billing (Attachment B) are all incorporated herein by reference.
The purpose of this contract (also referred to as Agreement) is to describe and define the
responsibilities of NWRDC and Customer. This Agreement acts as a Service Level Agreement(SLA)
and specifies service levels acceptable to NWRDC and Customer. No services beyond those
specifically listed in this Agreement should be inferred (including disaster recovery, business
continuity, etc.)
NWRDC has a robust catalog of services available to Customer that may be added during the
contract term via Change Order. NWRDC's Service Catalog can be viewed on our website at
www.nwrdc.fsu.edu/servicecataloq.
1.2 Data Ownership
NWRDC is the caretaker and protector of Customer's data and in no instance does NWRDC assume
ownership responsibilities over any of Customer's data. Customer is responsible for their own
application software and the continuing support of that software, data and their customers.
1.3 Term and Termination
The services outlined in this Agreement will be provided to Customer for one (1) year with automatic
one-year renewals, unless either party notifies the other in writing that they wish to discontinue the
Agreement a minimum of 180 days before the termination date.
If NWRDC, as part of its necessary performance and service to Customer, has been required to
purchase equipment, licenses and/or certificates as documented in either the Statement of Work
(Attachment A) or an approved Change Order, Customer agrees to continue to be financially liable
and responsible for the outstanding amount due for the equipment, the duration of the licenses and/or
certificates, even though Customer has terminated the services of NWRDC.
Unless otherwise noted within this Agreement, all equipment, software, or other resources purchased
by NWRDC in execution of this Agreement will remain the property of NWRDC upon the termination
of the Agreement. Likewise, unless otherwise noted in this Agreement, all equipment, software, or
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 1
•=NWRDC
PROJECT:City of Boynton Beach Colocation
other resources purchased by Customer in execution of this Agreement will remain the property of the
Customer upon the termination of the Agreement.
1.4 Billing Methodology
Customer understands and agrees that the NWRDC Policy Board annually approves all rates to
ensure NWRDC's cost recovery. All costs for the included SOW (Attachment A) are subject to the
approved prevailing rate at the time the agreement becomes effective. During the term of the
Agreement, Customer will be notified in writing of any approved rate changes affecting its services.
Unless otherwise specified, by the NWRDC Policy Board, all rate changes shall become effective on
July 1st of the year when they were approved. Customer's receipt of services after the effective date
of any approved rate changes shall be deemed to be acceptance by the Customer of those rate
changes without any further action by NWRDC or Customer.
NWRDC will send monthly invoices to Customer for the services detailed in Attachment B - Billing.
Non-recurring charges will be billed on the first invoice after which they occur. Customer will be
liable for any applicable taxes or tariffs associated with this Agreement, and hereby agrees to
provide a certificate of tax exemption upon request. NWRDC and Florida State University, as a
public entity of the State of Florida, is entitled to the benefits of sovereign immunity, including
immunities from taxation.
In accordance with Section 215.422, Florida Statutes, and per Northwest Regional Data Center
Collection Policy, as issued by the Northwest Regional Data Center Policy Board, all invoices are
considered past due on the 40th day following the invoice date. All past due invoices shall bear
interest at the rate provided pursuant to Section 55.03, Florida Statutes. Invoices that have to be
returned to NWRDC because of NWRDC's preparation errors or disputes will result in a delay in the
payment. The invoice payment requirements shall not start until a properly completed invoice is
provided to Customer. Undisputed amounts are subject to NWRDC Collections Policy as previously
stated in Section 1.4.
2. SERVICE LEVEL UNDERSTANDING
2.1 Availability
NWRDC services will be available to Customer an average uptime of 99.9% 24x7, 365 days a year,
excluding scheduled maintenance. NWRDC has a standing maintenance window from 2:00AM. —
6:00AM every Monday morning. No scheduled maintenance will be performed during this window
without prior customer notification. Scheduled maintenance will be posted on the NWRDC website
(http://www.nwrdc.fsu.edu)as well as communicated to customers two weeks in advance. Emergency
changes will be noticed as soon as possible.
NWRDC will not be responsible for any external service outages outside its control. In a situation
where a Customer event restricts service delivery to other NWRDC customers, NWRDC reserves the
right to isolate the Customer's service in any way NWRDC deems necessary to lessen the impact on
others.
2.2 Hours of Operation & Support
Hours of operation and support availability vary depending on the service. General support hours of -
operation are from 7:00 A.M. to 11:59 P.M. EST/EDT, Monday through Friday, excluding holidays.
Emergency services are available by calling the main Computer Operations Office number, 850-645-
3500, which is available on a 24 x 7 basis. Customer staff will be allowed physical access with
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 2
PROJECT:City of Boynton Beach Colocation
NWRDC
NWRDC staff companion escort to their equipment located at NWRDC with 24 hour advance notice
and in accordance with NWRDC's prevailing security protocols.
Service Requests are assigned priority using the following criteria:
Response Times—By Severity
1—Critical 2—High 3—Medium 4-Low
The majority of Customers A Customer is A Customer is experiencing A Customer has a
are experiencing a work experiencing a partial a reduced level of unctional(how-to)
stoppage of a mission allure of a supported efficiency and performance question they cannot
Group pf a supported function, answer through the PDC
critical function,application, function,application, application,platform, Services Desk or wants to
platform,connection or platform,connection or connection or environment submit a request for
environment that is environment that is .hat is impacting the nstallation or change of
nterrupting the Customers' disrupting the Customer's business service in their technical or
business. Customer's business.
productivity. physical environment.
Platform Support 30 Minutes 1 Hour 8 Business Hours 3 Business Days
Group
Automatic
Escalation to 30 Minutes 1 Hour 2 Business Hours 4 Business Hours
Platform
Management
Automatic
Escalation to 30 Minutes 1 Hour 2 Business Hours N/A
Second Level
Management
Automatic
Escalation to Upper
Level Management
and notification sent 30 Minutes 1 Hour 4 Business Hours N/A
to the PDC
Executive
Management
Total Escalation 2 Hours 4 Hours 2 Business Days 3.5 Business Days
Time
Issues of a critical or high severity as defined above should be reported by calling the main Computer
Operations Office number, 850-645-3500.
All other issues should be submitted via email to supporta.nwrdc.fsu.edu, by submitting a request via
the NWRDC web page at http://www.nwrdc.fsu.edu/, or by calling the main Computer Operations
Office number, 850-645-3500.
2.3 Change Control
All changes to NWRDC facilities and shared services are governed by NWRDC's Change Control
Policy(see http://www.nwrdc.fsu.edu/policies)
2.4 Security
NWRDC will provide physical security for systems housed in its facility. NWRDC will not be held
responsible for any unauthorized access to Customer data incurred from the result of Customer
security management.
Customer agrees to disclose(email to NWRDC Project Manager is acceptable)the existence of all
sensitive data and data that may fall under any state or federal guidelines(such as, but not limited to
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 3
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PROJECT:City of Boynton Beach Colocation NWR®
FERPA, HIPAA, PCI, etc.), which would require NWRDC to provide additional security measures. If
the Customer does not disclose the existence of such data to NWRDC prior to execution of this
Agreement, NWRDC will execute a Change Order with the Customer, as per section 3.1 of this
Agreement, detailing the additional requirements and the costs thereof for the service to be provided
per this Agreement to come into compliance with the governing regulatory act(s).
2.5 Insurance Coverage
Customer is responsible for insurance coverage for all equipment and software owned by the
Customer. NWRDC provides insurance coverage only for those items owned by NWRDC.
3. CHANGES AND MODIFICATIONS
3.1 Modifications to Agreement
If Customer requires resources or services in excess of those provided by NWRDC as of the date of
this Agreement (the effective date), Customer will notify NWRDC of the specific equipment or
services required to support the project. These changes will be documented through Change Orders,
to be mutually agreed and approved in writing by NWRDC and Customer.
NWRDC will provide any changes to the terms of service of this Agreement as documentation to the
NWRDC Policy Board or its Management Committee for review and approval, as needed per
NWRDC Policy. Any changes to the terms of service to this Agreement must be through Amendment
or Change Order that will include specific details, associated charges, and mutually agreed and
approved in writing by NWRDC, Policy Board and Customer. If approved the requested services will
be provided and adjustments will be made to the SOW(Attachment A) and Billing (Attachment B).
4. GOVERNANCE
4.1 Applicable Law and Severability
This agreement is construed according to the laws of the State of Florida. If any provision of this
Agreement is held invalid or unenforceable the remainder of this Agreement remains effective to
the maximum extent permitted by law, and the application of such provisions in any other
circumstances shall not be affected by such holding. In the event of a dispute or litigation each party
agrees to be liable and responsible for its own legal fees, expenses, and costs including its
attorney's fee and expenses.
In the event of a dispute or disagreement between the parties to this Agreement, the parties agree to
use their best efforts to resolve any dispute prior to filing litigation, including participating in mediation
by a mediator mutually agreed upon by the parties. The parties agree to share equally in the costs of
the mediation and it will be administered in a location mutually agreeble to the parties.
4.2 Confidentiality
Any information relating to the products, business, marketing plans and policies of Customer or its
affiliates, supplied to NWRDC by or at the direction of Customer, acquired by NWRDC in the course
of providing services to Customer or developed by NWRDC in carrying out NWRDC's duties under
this Agreement, shall be deemed to be confidential and proprietary information of Customer and the
exclusive property of Customer. Such information shall not be disclosed to any third persons without
the prior written consent of Customer or as provided by Chapter 119 Florida Statutes (Public
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PROJECT:City of Boynton Beach Colocation O N W RDC
Records). NWRDC agrees to take all reasonable necessary precautions to protect the confidentiality
of information.
All documents, papers, letters or other materials relating to the Agreement that are made or received
by either party in conjunction with the Agreement, except those matters which, under the Agreement,
Florida law or a party's rules are confidential, are required to be available for public access as
specified by Chapter 119, Florida Statutes. Such records shall be maintained in accordance with
General Records Schedule GS1-SL for State and Local Government Agencies and may not be
destroyed before the guidelines contained within. Both parties may unilaterally cancel the Agreement
for the other's refusal to allow access to public records.
4.3 Liability
Customer and NWRDC are each liable and responsible for its actions and omissions, and the actions
and omissions of its employees, agents and representatives when acting in the scope of their
employment or agency.
4.4 Use of name, logo, trade names and marks
Neither Customer nor NWRDC will use the name, logo, trade names and/or marks of the other
without prior written consent. By signing this Agreement, Customer grants NWRDC permission to add
its name to its customer list on website and written documentation.
4.5 Nonassignability
Neither Customer nor NWRDC will assign or transfer this Agreement without the prior written consent
of the other party.
4.6 Independent Contractor
Customer and NWRDC represent that they are acting in their individual capacities and not as agents,
employees, partners, or associates of one another.
4.7 Unauthorized Aliens
The employment of unauthorized aliens by any contractor is considered a violation of the Immigration
and Nationality Act, 8 U.S.0 Sec. 1324A. If either party knowingly employs unauthorized aliens, such
violation shall be cause for unilateral cancellation of the Agreement.
4.8 Waiver
Waiver of a breach of any provision hereof does not constitute a waiver of any subsequent breach of
such provision or of any other provision in the Agreement.
4.9 Equal Opportunity
This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), (or
for construction contractors, 41 CFR § 60-4.3(a)), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their status as
protected veterans or individuals with disabilities, and prohibit discrimination against all
individuals based on their race, color, religion, sex, or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 5
PROJECT:City of Boynton Beach Colocatlon
=NWRDC
to employ and advance in employment individuals without regard to race, color, religion, sex,
national origin, protected veteran status or disability.
5. CONTACT INFORMATION
Northwest Regional Data Center
2048 East Paul Dirac Drive
Tallahassee, FL, 32310
850-645-3500
850-645-3555(fax)
www.nwrdc.fsu.edu
Project Manager Contact:
Matt Stolk 850-645-3562 Matt Stolk@nwrdc.fsu.edu
Invoice Contact:
Julia Cunningham, 850-644-1124, Julia Cunningham@nwrdc.fsu.edu
Business Contact:
Don Wilde, 850-645-3554, Don Wilde@nwrdc.fsu.edu
Technical Contact:
Matt Stolk, 850-645-3562, Matt Stolk@nwrdc.fsu.edu
Customer
Mailing address(Invoice)
City of Boynton Beach
3301 Quantum Blvd., Suite 101
Boynton Beach, FL 33426
Invoice/Business Contact:
Aaron Bun-i,561-742-6075, burriabbfl.us
Technical/Security Contact:
Charles Stevens,561-742-6079, stevensc(a.bbfl.us
The Customer has the right to contact NWRDC staff for adding personnel to NWRDC customer
distribution list in order to receive notifications/announcements from NWRDC, or discuss issues
concerning the Customer's equipment.
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 6
DocuSign Envelope ID:E3F15C38-6A2E-4123-A3B1-BCAOCCF2A305
PROJECT:City of Boynton Beach Colophon
*I NWRDC
AGREEMENT
The date of final signature will be the execution date for the Agreement. Billing details in Attachment B
are subject to change if Customer's signature is not retained within 30 days after NWRDC's signature.
Northwest Regional Data Center Policy Board
)4ekreasBeairietmand, Chairman, Northwest Regional Data Center Policy Board
h.fJ ritt&. 6aStr'a atn d, 12/20/2019 1 11:09 AM PST
Signature Date
Northwest Regional Data Center(NWRDC)
Tja:1-Baistap,.avecutive Director, Northwest Regional Data Center
Tim fxowta 12/20/2019 I 9:54 AM EST
�-3 A5275DE8D7423...
SignatureDate
The Florida State University Board of Trustees, public body corporate of the State of Florida,
acting for and on behalf of the Florida State University and Northwest Regional Data Center.
Jane Livingston,Associate Vice President, Chief Information Officer, Florida State University
I3DocuSigned by: "l1
3A�IA.t, (A Out, stota 12/20/2019 1 12:23 PM EST
2CD197102F704A9...
Signature Date
City of Boynton Beach,,//
e..0-1 ,�'! arte..5
Title
XLA - fr% • Date
Signature APPROV AS • OR.
CITY ATTORNEY
Use of the services detailed in this agreement or payment according to the terms listed in Attachment B
constitutes acceptance of this SLA, regardless of signature or the lack thereof.
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 7
013.NWRDC
PROJECT:City of Boynton Beach Colocation
ATTACHMENT A: STATEMENT OF WORK
Description of services to be provided:
NWRDC will:
• Sixteen (16)square feet of environmentally controlled raised floor space in the computer room
with up to two(2)single phase 30 amp electrical circuits, two(2)three phase 30 amp circuits or
one(1)three phase 60 amp circuit per standard 19" rack.
• Two(2)L21-30 electrical circuits
• Four(4) hours per month of Colocation Support and Monitoring that includes physical security,
receiving equipment, inventory control, afterhours access, system monitoring(visual), smart
hands, and phone support. NWRDC has 24x7 on-site coverage.
• One(1)APC AR3200 rack for use while at NWRDC.
• Two(2)APC AP8858NA3 in-rack PDUs.
• Services to be provided 365 days per year for each year of the contract in accordance with
Section 2.2.
• Other services described in NWRDC's catalog, incorporated in Section 1.1, may be added during
the contract term via Change Order or Amendment.
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT#NWRM0263 8
PROJECT:City of Boynton Beach Colocation •l.N W RDC
ATTACHMENT B: BILLING
NWRDC will send monthly invoices of$1,066.88 to Customer for the services detailed in Attachment A,
as detailed in estimate 2503. A one-time charge of $3,927.19 will be added to the first invoice for
equipment and services detailed in Attachment A, as detailed in estimate 2502. Invoices will itemize
charges as agreed to in Attachment B.
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT# NWRM0263 9
Northwest Regional Data Center(FSU)
Florida State University
zNwRpc
2048 East Paul Dirac Drive Northwest Regional Data Center
Tallahassee, FL 32310
850-645-3500
billing@nwrdc.fsu.edu
www.nwrdc.fsu.edu
Estimate
ADDRESS ESTIMATE# 2502
Charles Stevens DATE 10/18/2019
City of Boynton Beach EXPIRATION DATE 11/17/2019
PO Box 310
Boynton Beach, FL 33425
ACTIVITY QTY RATE AMOUNT
2020 Hardware SH OT 1 1,977.49 1,977.49
Rack (Note:AR3200 2X20U Enclosure)
2020 Hardware SH OT 2 460.71 921.42
PDU (Note: AP8858NA3)
2020 One-time charge 1 1,028.28 1,028.28
Electrical parts and installation
This estimate is for one-time costs for rack,PDUs,and power TOTAL $3,927.19
installation.
Accepted By Accepted Date
Northwest Regional Data Center(FSU)
Florida State University ezNwRpc
2048 East Paul Dirac Drive -Northwest Regional Data Center
Tallahassee, FL 32310
850-645-3500
billing@nwrdc.fsu.edu
www.nwrdc.fsu.edu
Estimate
ADDRESS ESTIMATE# 2503
Charles Stevens DATE 10/18/2019
City of Boynton Beach EXPIRATION DATE 12/17/2019
PO Box 310
Boynton Beach, FL 33425
ACTIVITY QTY RATE AMOUNT
2020 Raised Floor Space 16 41.68 666.88
Per square foot per month
2020 Collocation Support and Monitoring 4 100.00 400.00
Per hour per month
This is a monthly estimate. Annual charges will
be$12,802.56. Remaining charges for FY 19/20
are$8.535.04
This estimate is for the period of November 1,2019 through June 30, TOTAL $1 ,066.88
2020 and is based on FY 19/20 rates. These rates,approved by the Y�
Policy Board,will be effective on July 1,2019.
Accepted By Accepted Date