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HomeMy WebLinkAboutResolution_15-99/00_11/09/1999• RESOLUTION NO. 15-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT WITH TEQUESTA PC, INC. D/B/A ON-SITE OF TEQUESTA, FLORIDA, FOR NETWORK ADMINISTRATOR SERVICES IN THE AMOUNT OF $11,400, WITH FUNDS BEING APPROPRIATED FROM THE GENERAL FUND FINANCE DEPARTMENT BUDGET, HAVING A FY 1999/2000 BUDGET ALLOCATION OF $12,000, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE OF TEQUESTA. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract With Tequesta PC, Inc. D/B/A On-Site of Tequesta, Florida, for Network Administrator Services Attached Hereto and Marked as Exhibit "A" and Incorporated by Reference as Part of This Resolution is Hereby Approved and the Village Manager is Authorized to Execute the Same on Behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer who moved its adoption. The motion was seconded by Councilmember Capretta and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Capretta Dalack Hansen Schauer • The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of November, A.D., 1999. MAYOR OF TEQUESTA 7 l 1~ . Carl C. Hansen • ATTEST: oann Mangani to Village Clerk C • Exhibit A CONTRACTUAL SERVICE AGREEMENT THIS AGREEEMENT, made and entered into this fZ day of November, 1999, by and between the Village of Tequesta, a municipal corporation under the laws of the State of Florida, (hereinafter called "Village") and a contractual network administrator services provider, Tequesta PC, Inc. D/B/A ON-SITE (hereinafter called "ON-SITE). WITNESSETH: WHEREAS, the Village desires to obtain the services of a network administrator on a contractual basis. WHEREAS, ON-SITE is a contractual network administrator. NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. Contract: • The Village does hereby engage ON-SITE as a contractual network administrator. 2. Term: The Village agrees to retain ON-SITE and ON-SITE agrees to be so retained as an independent contractor and not an agent or employee of the Village, on an as needed basis at the discretion of the Village Manager or his designee. The term shall be for a period beginning on the date of acceptance of this contract and terminating September 30, 2000. The contract may be renewed by mutual agreement for additional one (1) year periods. The term will also be limited to and shall not exceed the funds allocated in the fiscal year budget. ON-SITE explicitly recognizes that there is no guarantee of any minimum volume of non-routine work, based upon the agreement of the parties that all work assignments will be at the discretion of the Village Manager or his designee. 3. Termination: This agreement is subject to cancellation with or without cause by either • party to this agreement upon thirty (30) days written notice; such notice shall be forwarded by registered mail to the last known address of the other party. .] 4. Contract Fee: ON-SITE shall be paid a monthly fee of $950.00 per month for network administration maintenance services as outlined in the attached ON-SITE bid for services (Exhibit B). All additional, non-routine services provided shall be paid at the following hourly rates: Configure workstations for local and Internet a-mail $ 85.00/hr Configure printers to work with software $ 70.00/hr Review/install software upgrades $ 50.00/hr Review new software for compatibility $ 50.00/hr The Village has the option to purchase blocks of time at a rate of $75.00 per hour, receiving one hour at no charge for each ten (10) hours purchased. ON-SITE must submit detailed invoices documenting non-routine services performed and the time necessary to perform each task. All invoices will be reviewed and approved by the Village Manager or his designee before payment is made by the Village. Any objections to invoices shall be made within ten (10) days of receipt of the invoice. Payment of non-objected portions of invoices shall be paid within fourteen (14) calendar days of receipt of the invoice. 5. Independent Contractor Relationship: ON-SITE is an independent contractor, which shall be fully responsible for the payment and maintenance of all insurance and applicable taxes as required by the legal obligations of an independent contractor. ON-SITE does not accrue and is not entitled to any Village employee benefits including, but not limited to, workers' compensation, unemployment compensation, retirement, disability leave, and any other leave with pay. ON-SITE's only compensation for services performed under this agreement shall be that specified in Item 4 above. 6. Duties and Responsibilities: (a) ON-SITE agrees and certifies that all work completed under this agreement is the property of the Village. (b) ON-SITE agrees to complete all work as reasonably required by the Village within the allotted schedule provided by the Village Manager or his designee and agreed to by ON-SITE. ON-SITE agrees to be available to perform emergency services twenty-four hours a day, seven days per week (24/7). r~ ~~ (c) All types of information reviewed by ON-SITE in the performance of this agreement are considered to be the property of the Village. ON-SITE shall keep all property of the Village confidential and shall sign nondisclosure agreements if requested by the Village. 7. Insurance and Indemnification: ON-SITE shall procure and maintain a Comprehensive General Liability Insurance policy. The Village shall be listed as an additional insured for work performed under this agreement. ON-SITE agrees to indemnify and hold harmless the Village and its representatives, from any and all claims and liabilities including attorney's fees and court costs, for which the Village can or may be held liable as a result of injury to persons or damage to property by reason of any acts or omissions of ON-SITE arising out of or in connection with this agreement. 8. Authority: (a) ON-SITE is not authorized to obligate the expenditure of Village funds. • (b) ON-SITE shall not subcontract nor hire persons to aid in the contracted work without the prior written consent of the Village Manager or his designee. 9. Interpretation and Binding Effect: Except as herein otherwise provided, this agreement shall inure to the benefit of and shall be binding upon the parties hereto, their personal representatives, successors, heirs and assigns. 10. Invalidity or Unenforceability: Invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of another provisions. 11. Governing Law: This agreement shall be governed and construed in accordance with the laws of the State of Florida. • • 12. Entire Agreement: This agreement contains the entire understanding between the parties and may not be changed or modified except by an agreement in writing and signed by the parties. • :attest: illage Clerk ;~~~~~h~ Witness Village Manager Y~ Tequesta PC, Inc. d/b/a ON-SITE • Exhibit B The following is a detailed quotation for the required services as outlined in the Request for Network Administration Services. We would like to thank the Village and it's star for the opportunity to further our working relationship. We have outlined what we hope will be a clear and concise explanation of fee's and services as specified in your request. If there are any areas that require clarification, we will gladly make ourselves available to discuss these areas with you. In an effort to insure the smoothest possible implementation of this agreement ON-SITE will provide the Village with request for service forms that will be used to document and efficiently schedule repair and service requests. We will on occasion schedule meetings with individual Department Heads and the Technology Committee to review on going projects and discuss shortcomings and wish list items that may arise. We would like to establish protocols for service requests. This should include items such as RFS (request for service); billing; purchase orders etc. This will provide the communications required to handle any and all services. We feel that open communication will insure that we are delivering the type of service and recommendations that will most benefit the Village. After 5 plus years of providing services to various Village departments, we feel we have a unique understanding of the Village's technology systems. We hope that you will consider our existing record of accomplishment with the Village in your decision making process. Our goal is to provide you with the level of service and support you deserve. • As a possible alternative to paying for services on an as needed basis it is possible to for the Village to purchase a block of time up front at a discounted rate. As these hours are used, additional hours maybe purchased for future work. =Hourly =Flat Rate 4~ = No Charge 1 =Scope undefined /cannot estimate time or material Monthly Maintenance of network and individual PC's Assumptions: 1. 40 or less PC's 2. Maintenance not to include: a. repair labor or parts for breakdowns 3. Maintenance to include: Monthly Fee: $950.00 a. performance issues with network /PC's b. scheduled optimization of network servers and /PC's c. adding and removing users as needed. • d. verification of backups on a weekly basis. e. establishment of file sharing and security network wide. • f. Maintain a-mail server (to include adding or deleting users) MS-mail e-mail only Explanation: In the initial stages of this service contract, more man-hours will be required than in the later part. We will implement and provide automated solutions that will help to insure ongoing optimization of all computers Village wide. As is true with the overall contract we will maintain and provide to the Village, detailed hourly logs of man-hours spent on the scope of all work. Nearer the later part of the contract, we will not need to allocate the same number of man hours to insure your network is stable and all systems are functioning at optimal levels. If we find a major discrepancy in the hours to dollars, those dollars will be credited to the Villages account for use at a future time. We are doing this in an effort to insure fair and competitive pricing. It is our understanding, after speaking to members of the Village Technology Committee, that this portion of the service agreement is not to cover unforeseen repairs of hardware due to system failure or various software issues that may arise due to version conflicts or user error. If this is not the implied meaning it is possible that hardware repair for unforeseen failures can be covered under the scope of this agreement. An agreed cap of man-hours can be negotiated. Benefit: • An obvious and real benefit to the Village is the fact that ON-SITE is located blocks from any Village office. We are able to provide prompt and reliable service to problems as they arise. Our staff is very well trained and includes MiCrOSOft° Certified Personnel. We have enjoyed the privilege of working closely with some of your departments over the past Syrs., and feel that we have not only a good rapport, but also a solid understanding of your existing systems. As a locally owned and operated technology company, we feel that we can provide a level of service and support unequaled by any other service company responding. Insure all Village computers and software are Y2K compliant, including installing "fixes" for all MiCroSOft® products One time Fee: $2800.00 or Hourly @ $70.00 per hour, whichever is less. Assumptions: 1. 40 or less PC's and 5 or less NT based servers. 2. Exclusions of Police UNIX server(s) 3. Compliancy not to include: a. additional hardware required to bring system(s) into compliance b. additional fee based software(s) required to bring systems into compliance 4. Compliancy to include: a. all MiCrosoftm product updates as required • b. research and procurement of any non-MiCroSOft° product updates; if available Review equipment for protection from electrical surges and power outages One time fee: $450.00 (note if recommended hardware/service is purchased through ON-SITE there is no charge for analysis) Explanation: A detailed equipment inventory will be done to insure any and all electronic equipment, including copiers, fax machines; computers etc. are adequately protected from electrical surges and brown outs. A detailed recommendation and cost analysis will be provided to the Village upon completion of the review. We will provide the Village with this recommendation approximately 90 days from the inception of this agreement. Benefit: ON-SITE is an authorized APC (American Power Conversion) reseller. We will have received formal training from APC and have passed the prescribed testing to be classified as experts in power protection. Our training and test date is October 26t1i' 1999. Currently we have provided LAN based surge suppression for the Village Police Department. These measures have helped reduce the repair expenditures for component failure due to lightning strikes. Assist with budget preparation by projecting future needs requirements • Per hour fee of $50 per hour 0 Assist as liaison with software vendors as needed • Per hour fee of $50 per hour Assist with reviewing connectivity option between Village sites Per hour fee of $50 or $1200.00 0 which ever is less mote if recommended hardware/service is purchased through ON-SITE there is no charge for analysis) Assist with implementing and maintaining site connectivity Per hour fee of $85 per hour 1 Assist with design and implementation of web site Per hour fee of $70 per hour 1 0 Assist with implementation of Internet access Per hour fee of $70 per hour 1 • c. implementation of 3`d party updates d. documentation of steps taken for Y2K compliancy. Provided in hard copy or digital format. Explanation: All MiCroSOft° patches are free for use. Other 3`d party patches and fixes may be fee based or potentially not available. Some products may require full system upgrades in order to achieve compliance. Certain software vendors do not have full disclosure as to their compliance for Y2K. It may not be 100% feasible to remedy all Y2K issues. However, we will take any and all available steps and resources to implement a Y2K solution for the Village. Benefit: As a company, we are currently aware of all MiCrOSOft® shortcomings in relation to Y2K. We offer Y2K remediation as a standard service to our clients. Our CEO /Senior Systems Engineer has lectured at various Chambers of Commerce and civic organizations on this topic. Our staff is knowledgeable in the implementation of the required Y2K fixes. Maintain E-mail server (to include adding or deleting users) Monthly Fee: Covered under maintenance section Assumptions: 1. All e-mail servers are MS-mail based • Configure all workstations to be com atible for local area network and Internet e- p mail Configure printers to work with software Review and install software upgrades as requested Per hour fee of $85 per hour Per hour fee of $70 per hour Per hour fee of $50 per hour Review software and hardware requests to insure compatibility with network system Per hour fee of $50 per hour • • Prepare user manual of computer standards utilized throughout the Village Per hour fee of $50 per hour 1 Prepare system schematization of existing network Explanation: One Time fee: No Charge 4~7 In order for ON-SITE to properly service and support the Village and it's technology needs, a detailed understanding of your current systems; software's and topology's must be obtained. We will provide the Village with a detailed asset inventory as it relates to your computer technology. We will inventory each system and document the software being used and the type of individual components; model numbers; makes as well as any other pertinent information required to administer your technology. This information may be provided in hard copy or digital form. We will assign reference numbers for each system to help in tracking the system as it moves through the Village. A Third Possible Option Because of the vague nature of the some of the service requests we feel it may bee in the best interest of both parties to consider a block time approach to the maintenance. Any of the items marked as hourly were too undefined for us to give a flat fee for the service. For • example, assisting with the Village web site. There are no clearly defined needs or parameters. If we estimate a flat fee for this service, one of two things will happen. One, either the Village will be grossly over charged for the service, or we will be underpaid for it. In either case it is non-productive and non-conducive to a positive working relationship. In an effort to make this project awin-win for both parties we are suggesting that the Village buy blocks of time at a rate of $75.00 per hour. With every ten purchased hours we will give you one hour at no charge. In doing this, the Village will have complete control over the number of hours used for any one project and can determine priorities on an as needed basis. ON-SITE will provide a full accounting of any and all time spent and will not perform any work unless first approved by the point of contact for the Village. References: Fred Ayer Steve Allison Continental Shelf And Associates Tequesta Police Dept 746-7946 575-6210 • 2 Yrs. 5+ Yrs. r1 U ~• Henry Blakiston Jupiter CPAS 747-7773 3+ Yrs. Katherine Kidder Lodestar Towers, Inc. 743-9800 4+yrs. Richard Gumson Jupiter Law Center 744-4600 5+ Yrs. •