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HomeMy WebLinkAboutResolution_03-00/01_11/16/2000• • RESOLUTION NO. 3-00/O1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM BLUESTAR COMMUNICATIONS, INC., OF BOLA RATON, FLORIDA, FOR EQUIPMENT AND FIRST YEAR OPERATION OF A REAL PRIVATE NETWORK, PROVIDING CONNECTIVITY AMONG FOUR SITES HOUSING VILLAGE GOVERNMENTAL OFFICES, PROVIDING INTERNET ACCESS, PROVIDING EMAIL SERVICE, AND PROVIDING WEB HOSTING FOR THE AMOUNT OF $11,290.00 WITH FUNDS BEING APPROPRIATED FROM THE GENERAL FUND UNDESIGNATED FUND BALANCE, HAVING A FY 2000/2001 BALANCE OF $1,586,071 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Real Private Network proposal from Bluestar Communications, of Boca Raton, Florida, in the amount of $11,290.00, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS Genco who motion was seconded Walker an the vote was as follows: OFFERED BY Council member moved its adoption. The by Council member d upon being put to vote, FOR ADOPTION JoseEh N. Capretta Elizabeth A. Schauer Basil E. Dalack AGAINST ADOPTION • fl Geraldine A. Genco • Sharon D. Walker The Mayor thereupon declared the Resolution duly passed and adopted this 16th day of November, A.D., 2000. YOR OF TEQUESTA ~~~ G /~ ( J Jo~'eph N. Capret~a • T'1'EST Jo"ann Manganie7.(~~0 Village Clerk C] OCT. ~% 20~, i2: ib`Pv" ~~UE STAh COMMG~ICaT Nu 3b~ r. 1 • ~~ a tC ~A~ company EXHIBIT "A" Chief Allison, Thank you for your interest in BlueStar.Net / Covad Communications, Inc. As wv discussed, BiueStar / Covad is the largest provider of DSL services in the country with over 200,000 customers benefiting from our high-sp~sed data transfer products. BiueStar/ Covad offers businesses the ability to connect to the Intemet via DSL & UNE T1 at speeds up to 1.5 Mbps. This makes our service one of the fastest data media available. The SDSL & T1 product that we off®r has the ability to work with or without a server, and can be used to faalitate Intemet access and 1Neb Hosting should you decide to host your own web site. Our product is also scalable with speeds from 128K to 6.OMbps. BiueStar/ Covad also offers other products that enable your business to increase productivity, decrease operating expenses, and help you gain a competitive edge in your marketplace. One of these products is called Real Private Network or (RPN}. BlueStar's RPN product can give your company the ability to network 2 or more offices together without using Frame Relay or the Intemet. This product can connect offices securely and at a fraction of the cost of any other service with exceptional reliability. Our RPN product can also connect your home to your office server, giving you the ability to share information and Intemet access all at very high speeds. Our Bandwidth on all products is 100% guaranteed. Please call me at 5fi1-999-2123 if you have any questions. Again, thank you for your interest in BtueStar/ Covad. Gregg 6lanchard Account Exec~.itive 591- 999-2123 gregg.blanchard~ bluestar.net • J _ R i ~ ~ ~~' ! GNU. ) ~ ~ Itil ti_M s~1/r~ i, 2' ~ ~ ; ? ? : ~ ~ = ~a9 ~:; ~ S ~` F: u ~M i~: A Tay - .r~i.il~'.. ~ui~i r Service Order ~ . , ~~ . Date' 10-Z7-04 TBS G~rd~r Numbez~ _ Covad drder Number: _ _ _ Comparry Nasxee and Physical Address: ;Billing Address: `r'iliase of Tequesta __ _ __ SAME ~ 357 Tequesta Drive Tcquesw, Fl. 33460 Fax Number: Mair. Telephones No.: I Email: CLLI: Mileage to C0: I 567.-575.4210 561.575-6218 ~ JPTF~`LM.A. Z • (~~ One) Domain +~ ~ lateiaetrroeC~ole Web Site ~ D N T Connectives LTSaYC a sAA..•eees er Email A.;co¢ntc ~Varnes rt 5 [; FiraLine t281Cbps IDSL Unlimited S P0P3 or Mailba~rirt? tt t)I _ _ ^ FtreLine 192 tcbps SDSL Unlimited 10 F0P3 or Maiitiaggitig OI IO :1B i FireLine 384 Kbps SDSL Unlimited 15 POPS or Mailbaggttg 01 10 \1113 FireLine i6B lZbps 5D3L Unlimited 15 P0P3 :sr Mailbagging Ol 3Z ZO MB j Q FireLina 1.1 Mops SDSL UnlilnlL".it 20 P0P3 or Mailbaggtcs8 01 ZO M3 SDSL FirrLine 1.5 JV1bps Unlimited 20 POPS oz MailbByging Ol 20'41$ XnstalIation Fee (one rime): $ o ~ Customer ~~~ BIueSG~r andlur i~ agents to order Senriees, including, Mott+,lxly Fee: S 269.00 mo Without 1?~mitadoa, changes to and malatrLaace on, rer~aovsng, adding to, or Add'1 Bmail Accts: $ ~, ~ m~[;m8 snth 5ervicrs. BlueStar andfer it; agents may deal directly w;th _ ' $ :~~ local telephone company on all matters pertaining w snob Services. 1 Domain Names: _~ Add ~. including accessing Custamea's customer ser~'ice record (CSRj. This ~ Add'1 F4'eb Span:: ~„. l!d9 ~ ~- authorization will remain in effect for the terra of the Service Order and any j CPE Equipment (ot::e time): $ 410.00 extensions. ~ Firewall Installation Cone time?: S _ C.hs~msrtni~iils Firewall Fee: ~ "t0• Cnstomea's initials below indicate customer leas refs mai?bagginP and earail FirewaU Equipment tone tiznrr): S hosting service ircm BlueStar. t';ttstomer adapts sole responsibility for al'a email ~ Front Pagc 8xt. Fee: S mo. accou~ sad reletises 91ueStar from any liability for 3rorug and forwarding Total Additional-Products AddCndum: $ ~. emai]s in case of ser<~ce interruption. t~Cm~rtmtirl; Total Due at Installation: $ 679~W! ln;~P,atan Frr, Egaipmaar, do First Monrk MRC Monthly Rccnrring Charges: $ 26soa ,M~f. Add applicable taxes. Comments: • Customer agrees to pay the ehargas for B1ueStar's Services ~za monthly tcrnts for a period of ~. year(s? from date or serice acnvanon. • BlueStar accepts responsibility Lp to the Erhemet port oa ;he router when provided by Blues`'`mr. Custoaoer's LAN is the responsibiIty of tlu custx~et•. B1ueStar will supply information fx the configuration sath as ~ addresses. server nan:as, us;xrtames, anal passwords. • Custoter agrees to cet~aply with BlueStar's "~-scceptablo I.tso Policy" 1o~ted C~ krttp = / /~ • ~~u~gtar. net/about us!aus . htm • Customer agrees to tn.: "'Y'arms aed Conditions" of this Se:Vicc Ordar arached hereto. • Cuatorser a~ees LG the requirements of the "9teps to .a,.rsttre a Timely Instsllsdoa - L.tercet". B1~1t/Siar Communications, Inc, By: Bye $IueBtar Representative (signature Customer Name (si,~tatttre) GREGG BLANCF~ Blue5tar Rcprescntative (printed) Customer Name (prsate~ A!E Title Title 10-27.00 Date Datc Teltphoac NtuabeJBxtension Approved: • B1ueStar Management (signature) Far BtusStae Use Only- approval C:Qde •This quote is valid for 30 days from receipt and is contingent upor. a tochaical profile completed to the satisfaction of B1ueStar and approval of BlueStar Management. Irt the urilikely event, that a DSL-ready circuit is noc made available fmtn your .coal telcphene compa.*ty, Blue Star shall pro=rida Custotmer with an alurnative solution, if available, along with a new quote. DS'iS0-083004r'ti'ersion 1.I7 Page 1 of 2 n n // 5 ~ •. ,', ~ a RPN Service Order I~ Direct Sale ^ Indirect Ssle Date: 10-.".7-00 Company Name and Physical Address: Tequesta, F7.33469 bzasn Telephone NO.: ; lax No-: Total Ntunbet er t~xcuits Customer Name (printed) RYN Addendum ,~ $1,64 Q SUZvIIViARY ,^~ Interlata Charges (If Applicable) Additional Products Addendum Suo~nsy Totals uses TBS Order Nutaber: Coved Order Ntimbea: Billing Address: same Email: ~,I,I; Mileage to CO• dPTRFLMA. Z To•al ~gt~ Total l2ecurtin¢ t~Irieht Cost lns:allation Ee~ Monthly Charge $1650 4 ----- S50! SSOl Comments: Customer appoin[s BhuStar and/or its agents tv otcier Services, ltacludiag, without liasitation, changes w and maiat~ance on, removing, addin; to ~ or rearranging such Services. B1neStar aadfor its a,~eats pxsy deal direetl~ vrit~ your local te;oae Y ~ all znarters pataiaiag to such Setvioes, including accessing Cr=stomer's eusto~aaex service record (C5R)- Tlds audwrizarion will :emaia in effect for ~G tam of the Service Order and nay extensions. K Gbttomer rddels + Customer a~ees to pay the chores for B1aeStar's Servioei via tnoath;y terms for a pesiad of a year(n) from date o??savice activation. • B1vaStar shall invoice Ctatomer attd Customs shall pay HI.L'lr57'.atttor each rircait of the 1=treLine RPIV ardes+ed by Customer as each circuit is installed. • Blues tar acceE[s responsibiry up to the Ethernet pOr' on the router whey provided by B1ncStar. Cusarmer's I.AN is the responsibility of the austomet. BIucS~r vrill simply ittfotmatioa for the configturation such as !P addtessea, saver names, useraamw, wad passwords. • Chrstomer agrees to corxrply with B1ueStar's "Acoeptnble Use Policy" located ~ -,rr~- //wwur bluESZa~r -net/aboue_us/aas.hkrt- . Customs ap+as to ~ `°I1e-ms and Cooditiams" of the S~c+See thds attached bertto. • CastotnEer ogees co the regniszraeats of the "Steps :o Banr~re a ~e11' ~srsllatjon = RYAUFIZO". BiueStar Communications, Inc. B B: B1neStar Raprescntative (sienature) Customer Name (signatau'e} _ Greer Blaaehard BlneScar Representative (printed Accuwat ~~-ec~tive Tula iaz~-oo Title ~~ •~M Date Alliance Farmer NamelCompaay Nalu-e Approved: _ B1ueStar,~+lanagantent (Sig:latwe) Telephotto NumberlExtension ForBlue3tarUseOnlyr A~'~'n1~.--~- 'f'his grate is valid for 30 days frooaa reeapc and is cvntitxgrazt upon a cechnitat profile compteted to the satisfaraan of HlneStar sad approve! of H1treSarc Maaagement• [u ~~ nt.'ilely event, that a flSLrready CetCLLit iS unmade available from, yore local celephoae comys,:y. HlueStar shall prgvide Customer with an alttrCanv6 solufloa. if availably along vr~ s n~ a quota 1ZPNS0-083000/~%ersion 1.i2 Pave I of I. BLUESTAR Service: Customer agrees to purchase the BLUESTAR Communications, Inc. {"BLUESTAR") Services ("Services") outlined in the Service Order on the terms and conditions described herein and reflected in the tariff on file at the govemmental regulatory authority in the state in which this Agreement was signed. ConFlicts between this Agreement and the tariff shall be resolved in favor of the tariff. Customer agrees to remain a subscriber of the service for a minimum period of one (1) year from the date of service activation. This Agreement shall automatically renew for successive one (I) year periods on the same terms and conditions contained herein until terminated by either party by providing written notice no less than 30 day prior to the end of the then current term. Not withstanding the previous sentence, Customer may mmate the Service within the initial 30 days following activation in the event Customer, in its good faith judgment, is not satisfied with the Service. Notice of motion should be made in writing to the BLUESTAR Customer Service Department at 401 Church Street, Floor 24, Nashville, TN 37219. fights and Obligations of Customer: BLUESTAR's Services are to be used only for lawful purposes and in accordance with BLUESTAR's Acceptable Use Policy. . allure to comply with these obligations and the obligation in the Acceptable Use Policy shall constitute a violation of these terms and conditions and possible termi- nation of this Agreement at BLUESTAR's discretion. If Customer operates hardware or software that BLUESTAR determines in its sole discretion may cause hazard, interference, or service interruption to BLUESTAR provided equipment or Services or BLUESTAR's network, Customer shall immediately remove the offending hardware or software upon notice. Customer agrees that BLUESTAR, in its discretion, may access Customer's network in order to deliver an Internet Control Message Protocol (ICMP) ping in order to determine the number of IP addresses being utilized by Customer. 3. Proprietary Rights: BLUESTAR grants Customer anon-exclusive, non-transferable license to use the Services provided hereunder. Title, property rights, software licenses and hardware licenses and agreements, including all intellectual property rights to such Services, are and shall remain with BLUESTAR or BLUESTAR's licensor, whether or not they are embedded in any Service. Customer shall not attempt in any way to alter, re-engineer, tamper with, or otherwise misuse such Services. In all cases, the IP addresses assigned for Customer use remain the property of BLUESTAR and shall revert back to same upon termination. 4. Installation: Installation and one-time charges set forth on the Service Order(s) are due upon installation. Installation charges are nonrefundable. Customer shall provide BLUESTAR and its agents reasonable access to Customer's premises including the point at which any interconnected telco services are provided to Customer. Customer also is responsible for any and all additional telex charges arising as a result of necessity to schedule or reschedule telco suppliers, as well as all telco maintenance and diagnostics charges that may be needed. Once BLUESTAR Services have been activated, Customer shall be responsible for any fees associated with relocation of equipment if requested by Customer or Customer's landlord. If Customer desires to downgrade bandwidth within the initial three months following activation of the Services or following any upgrade, Customer agrees to pay cone-time downgrade fee of $750 and any applicable telco fees. If Customer desires to downgrade bandwidth after the initial three months after activation of the Services or any upgrade, Customer agrees to pay gone-time installation fee of $100. Customer may increase its bandwidth at no additional installation cost other than any equipment upgrades that may be necessary to accommodate the increased bandwidth. 5. Customer Premise Equipment: BLUESTAR shall provide the initial equipment configuration and verify operability with its network. The configuration and type of equipment to be used shall be detemined solely by BLUESTAR. Customer is responsible for operating the equipment within the parameters of the manufacturer's specifications. BLUESTAR may choose, at its sole discretion, to provide software upgrades for hardware. Additional personnel support required due to Customer intervention shall be chargeable to Customer at BLUESTAR's then-current rates. 6. Service of Equipment Provided by BLUESTAR: In the event a failure of the hardware sold by BLUESTAR to Customer occurs during the manufacturer warranty period covering the equipment, BLUESTAR shall replace the faulty equipment with like equipment as reasonably as possible after notice provided the failure is covered by manufacturer warranty. In the event of failure of equipment sold by BLUESTAR after the expiration of the wamdrrty covering the equipment, BLUESTAR shall service the equipment for Customer at its then-current maintenance rates. 7. Invoicing and Payment of Service: initial rates for the Services are set forth in the Service Order(s) and shall be in effect for the duration of the initial service commitment. BLUESTAR shall invoice Customer monthly, in advance. The price of the Service describedin the Service Order(s) does not include sales, usage, excise, ad valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any govemmental authority or agency with respect to the Services. Customer s to pay such taxes directly or reimburse BLUESTAR for any such taxes. This bill is due and payable in full on the date shown on the bill. Customer may prepay for rvices for the term of this Agreement. on-Payment/Customer Termination: A late charge equal tothe lesser of I-1/2% per month or the maximum rate permitted by law may be applied to each of Cust- mer's service bills not paid by the due date. This late charge is applicable to the unpaid balances as of the due date. Customer shall pay BLUESTAR all costs including, without limitation, reasonably attorney fees, the fees of any collection agency, and any other costs incurred by BLUESTAR in exercising any of its rights under this Agreement. If Customer terminates the Agreement, or if the Customer isterninated by BLUESTAR for a violation(s) of the Acceptable Use Policy, Customer shall immediately pay a lump sum equal to the charges for the remainder of the then-current term of the Agreement. 9. Limitation of Liability: BLUESTAR exercises no control whatsoever over the content of any information passing through its network. Customer agrees that BLUESTAR makes no representation that it can provide uninterrupted service. BLUESTAR is not responsible for any damages Customer may suffer for any reason, including, but not limited to content passing through its network, loss or degradation of data resulting from delays, non-deliveries, wrong deliveries, or for any and all service interruptions whether caused by the acts or omissions of BLUESTAR and its employees, of Customer, or of any other party other than the credits outlined herein. BLUESTAR shall not be liable for acts or omissions of other cariers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond its reasonable control. Customer further agrees to indemnify and hold harmless BLUESTAR from any and all claims resulting from Customer's use of the equipment or Services, or violation of the Acceptable Use Policy. BLUESTAR MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS SPE- CIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PUR• POSE ARE HEREBY DISCLAIMED AND EXCLUDED. BLUESTAR SHALL NOT BE LIABLE TO CfS CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Irt no event may Customer recover damages in excess of the total amount paid by Customer to BLUESTAR over the twelve (12) months preceding the event giving rise to a claim for damages. All disputes between Customer and BLUESTAR shall be resolved by means of an arbitration conducted under the auspices and rules of the American Arbitration Association. Any dispute not raised within one (1) year is waived. 10. BLUESTAR Service Level Guarantee: Subject to the limitations set forth in this Agreement and the Service Order, in the event Customer is unable to access the BLUESTAR network at least 99% of the time (based on a seven hundred thirty (730) hour month and excluding any and all Maintenance Windows or any telco facility outages), Customer will receive a credit equal to the cost of 3-days of Service against its next monthly invoice, subject to the following conditions: (i) Customer must contact BLUESTAR immediately upon failure to access the BLUESTAR network; (ii) failure of Customer to access the BLUESTAR network must have been caused by the fault of BLUESTAR (as determined by BLUESTAR in its sole and reasonable commercial judgment); and (iii~ustomer must allow BLUESTAR access to the Customer premise at all necessary times. Any unauthorized configuration changes to the customer premise equipment or any power outages, acts of God or acts beyond the control of BLUESTAR void the responsibility to issue credit. These credits provide the sole and exclusive remedy for Customer in the event of a service outage. 11. Right to Cure: In the event BLUESTAR fails to provide connectivity from the customer premise equipment to the local BLUESTAR central office at the speed set forth in the Service Order, Customer shall give BLUESTAR written notice of said default and BLUESTAR shall have thirty (30) days from such notice to cure said default. If BLUESTAR is unable to cure said default within the thirty (30) days, customer may terminate this Agreement, as provided herein, without further liability by er party to the other. ransfer and Assi nment: Customer may not sell, assign or transfer this Agreement without the prior written consent of BLUESTAR. BLUESTAR may assign this ement upon written notice to Customer. 13. Governing Law: This Agreement is governed by the laws of the State of Tennessee without regazd to its choice of law provisions. 14. Acceptance: This Agreement, Service Order(s), and Acceptable Use Policy together supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. LJNESO-083000Nersion 1.18 Page 2 of 2 OCi, ~I. 21, 11~~ '~:':6FPV~ FLUE ~iNR CGfVIM~N'CAT A _~ ~4~ ~y V 1 ~s zz ~~ U tiC. 361 ~. 4 V1 N tnv~.5 ~1'f ~~~"1 V! 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