HomeMy WebLinkAbout2/7/2001 - STAFF REPORTS (10) Date: February 7, 2001
To: City Council
From: Information Systems Specialist via Director of Information Technology
WIRELESS INTERNET SERVICE PROVIDER
RECOMMENDATION:
That City Council approve a master services agreement with Digital Internet Services
Corporation (DISC) of Indian Wells, California, for an eighteen-month period (through FY
2001-2002) to provide high-speed wireless internet access for a one-time set-up cost of
$3,463 and monthly service cost of $1,730, not to exceed $34,603.
SUMMARY:
Change Internet service providers from Genuity using a Verizon T1 data circuit, to
wireless service with DISC. This will provide an approximately three-fold increase in
bandwidth to the City's website, for an increase of $217 per month. The City's domain
names and e-mail addresses will remain the same.
BACKGROUND:
The City's Internet access is presently provided by Genuity, formerly GTE
Internetworking, via a Verizon T1 data circuit, with a monthly cost of approximately
$1513 for the data circuit and Internet access.
Public and employee access to the City's website is growing and expected to increase in
the future as the City prepares more information to be accessed from it's website. This
creates a need for additional bandwidth. In allowing DISC to provide wireless Internet
access, visitors will realize an approximately three-fold increase in bandwidth to the
City's website. A comparable increase in Internet bandwidth via Genuity/Verizon would
require a monthly cost increase of $510 per month.
At this point in time DISC and Verizon are the only companies capable of providing high-
speed Internet access in the Coachella Valley. Other providers of Internet services do
not have the capability of providing direct high-speed connections to the City.
Staff recommends an eighteen-month agreement with DISC, to provide the City's high-
speed wireless Internet access.
Funds have been budgeted for this purpose, and are available using account 001-1120-
42015 Information Services Communications.
APPROVED:
Randy C bb , ames W. Runge
Information Systems Specialist Director of Information Technology
APPROVED:
City Manager Harold E. Good
Procurement Manager
REVIEWED BY DEn OF FINANCE
[DISC master services agreernenf
This Agreement Is made this day of , 19 between DIGITAL INTERNETSERMICES CORP,("dlso"J and the (`Customer').
WHEREAS,disc provides Internet access seMces which the Customer desires to purchase; and WHEREAS, disc desires to provide such services to the Customer.
Now therefore If Is agreed as follows:
I. SERVICES-Outing the term of this Agreement,disc will clavicle the Customer wllh the IS. SERVICE INTERRUPTION - disc wlll grant credit allowance for service Interruption
speclku services as Identified on the Service Creeds)attached hereto and made a part calculated and credtiad In 15-minute Increments, Asefvlce Interruption will be deemed to
hereof. disc shall proves the Customer With capacity on a 'Yoke of pay basis, I.e. have occurred only If service becomes unusable to the Customer as a result of the(allure
legoxaless of use by the Customer. Networks assigned them a disc net-block are non- of dlsdr;faculty,equipment or personnel used to provide the service in question,and only
Portable. Neiwa'k space allocated by disc must be returned to disc In the event Customer where the Interruption Is not the result of(1)the negligent or Intentional acts at the Customer
arsconilnues seMce, or the Customer's agents;(II)the felfure or malfunction of non disc equipment or systems;(Ili
service malntenance requested by the Customer. Such credits W911 be granted only If:(a)
2. TERM-The term of this Agreement shall begin as of the date first set forth above and the Customer affords disc lull and free access to the Customer's premises to make
shall terminate upon the termination of i ie latest Service Order Issued under the appropriate recalls,maintenance,testing,etc.;and(b)the Customer does not continue to
Agreement. However disc may terminate this Agreement or suspend services hereunder at use the service on an Impaired basis. The foregoing stales the Customer's sale remedy for
any lime upon; (a)any failure of the Customer to pay any amounts as provided In this service Interruption under the Agreement and In no event shall also be liable for any direct,
Agreement,(b)any breach by the Customer of any material provision of this Agreement of Indirect,Inotderidd.consequential,punitive or special damages.
any law,rule or regulation governing the services provided hereunder,(c)any Insolvency,
bankruptcy, assignment for the benefit of creditors,appolfirdi tit of hustee of receiver of 14. TERMINATION - If the Customer terminates the service before the term of the
similar event with respect to the customer; (d) any governmental prohibition or required Agreement Is complete, and for reasons other than disc's nonperformance, then the
alteration of the services to be provided hereunder. Any fermlnafton shall not relieve the Customer is responsible tar the remaining balance of the contract.
Customer of obligation of pay any charges Incurred hereunder prior to such termination.
1S. ACCESS-The Customer shall allow disc comireaus access and right-oHway to the
3. PAYMENTS-Payment Is due 30 days after date of Invoice. Accounts are In default If Customer premises to the extent reasonably determined by disc to be appropriate to the
payment is not fecerved wthin 30 days after dote of Invoice. If payment Is[chimed to disc provision and maintenance c(seNIces,equipment,facllPoes and systems hereunder, The
anpold Customer Is Immediately In default and subject to a returned check charge of$25 Customershall Nmish disc,at no charge,such equipment space and elecfrcol power as Is
from disc. Accounts unpaid 60 days after date of Invoice may have service Interrupted, reasonably determined by disc to be required and suitable to render senmces hereunder.
Such Interruption does not refeVe Customer of the obligation to pay the monthly charge.
Only a written request io terminate Customer's service relieves Customer of the obligation to 16. DISCONNECTION OF EXISTING SERVICE-It appropriate,the Customer must arrange
Pay the monthly account charge. Accounts In di are subject to on Interest charge of the disconnection of any existing Internet access seMce,If applicable, The requested dote
the lesser of 1.5%per month,or the maximum rate permitted by law,on the outstanding of disconnection wN be determined by the new service Installation date. The Customer wet
balance. Customer agrees to pay disc It reasonable expenses,Including attorney and receive a him order commitment date from disc. R Is recommended that the
collection agency tees,Incurred In enforcing Its rights under these Terms and Contortions, disconnection date be scheduled three(3)days or more after the firm esdar commrhnenr
date.
4. LOCAL EXCHANGE CARRIER("LEC")-disc shall coordinate with the LED to arrange the
connection to the Cuslomef location. The Customer agrees to be furry responsible for LEC 17. THE CUSTOMER EQUIPMENT PREPARATION-To ensure a timely and error-free Indolln-
charges in cool Ion to all other obligations owed to disc hereunder. lion,disc will perform a slle-survey io usually leddecl the physical IoccLon where disc wrl
Interconnect the Customers equipment. disc is responsible of the Customer's expense for
5. CREDIT POLICY-disc may conduct a credit verification of the Customer. G disc Is wing to a mutually agreed Network Interface.
unable to obtain imormatlon establishing the Customer creditworthiness,disc may request
a financial statement or a service deposit from the Customer prier to processing the older. 18. EQUIPMENT DAMAGE - The Customer shall be liable for any aomage to disc
equipment.focllrty,and system which is caused by(a)negligent or wilful act of omodons
6. BILLING-disc generates Invoices every month fhat reflect the charge for service In of the Customer,or(b)malfunction or failure of any equipment or tbclllly provided by the
advance. All invoices are Issued on or about the first day of the month. SIIIIng for also Cusfomeror Its agents,employees or suppliers.
service w1l commence when a also hub and a functioning telephone circuit are prepared
5 routes IF packets to Customers Ule, The hot involce shows the monthly charges prorated 19. WARRANTY- Other Phan as expressed In this Agreement, there are no warrai
m the f hid month of service. The pro-rated Invoice Is sent approximately one week from representations or agreements,expressed or Implied either in fad or by operation of low.
Insruuation date. It will also show the applicable Installation charge(s) and fees. If the statutory or oth wne. Including worranfles of merchantability of (fines fora particular
Customer cancels the order prior to Installation, there will be, an aominlstiollve charge purpose.
resealing the cash already Incurred by dlse to process The Customers order. After
rnstallafon,the monthly service fee shell be Invoiced monthly in advance. disc reserves the 20. ASSIGNMENT-Nelfher party may assign this Agreement wthout the widen consent or
night to change the service by raffling Customer 60 days in advance of the effective date the chef party,except that also or the Customer may assign Its right and/or obligations
of the change. hereunder;(a)pursuant to any sale or transfer of substantially all the business of also or the
Customer: of (c) pursuant to any financing, merger or reorgonlzafan of disc or the
7. INSTALLATION DAY-disc terminal tests the quality of every service before U Is made Customer.
available far use. On Installatfan cry,the Customer's agent responsible for the equipment
and/or transmission links must be available. The Customers agent should ratify disc upon 21. LICENSE - No licenses, express or Implied, Is granted by disc pursuant to this
advai and remain al the location until necessary hook-ups and terminal tests ate Agreement.
completed, The Customers representative musrvenN completion of this work,
22, CHOICE OF LAW-This Agreement shall be governed by the laws of the State of
8.. ACCEPTIBLE USE POLICY-All Ise of the disc Network and the service must comply Catifomlp.
with the then-current version of the disc Acceptable Use Policy(-Policy')available at the
following URL: www.dii disc reserves the right to amend the Pallcy from time to time, 23. PROPRIETARY INFORMATION-Each party agrees to maintain In shirt confidence all
eftective upon posing of the revised Policy atthe URi disc reserves the right to suspend the plans,designs,drawings,trade secrets,and other pfopfietary,Intornei of the other Party
service or terminafe this Agreement effective upon notice for a Violation of the Policy. Which Is disclosed pursuant to this Agreement.
customer agrees to Indemnity and hold harmless disc from any losses,damages,costs or
expenses resulting ham any third Early claim or allegaAan("Claim")arising out of of relating 24. MULTIPLE CUSTOMERS-If this Agreement is entered Into by more than one Customer,
to use of the service,Including any Claim which,if true,would constitute a macron of the each Is jointly,and severally liable for all agreements,covenants,and abllgations herein.
Policy.
25. ENTIRE AGREEMENT-This Agreement,together with the attached Service Order and
9. SERVICE CALL CHARGES -disc may charge the Customer'for service wits(except any and all public tariffs appllcabte sets faith the full agreement of the parties wllh respect
where disc is responsible for the service Interrupted)at the hates generally charged by disc to the subject mailer hereof,and supersedes any prior agreements of understandings. If
to Its customers. However,Within 3D days of the ind service date,disc vdll provide up to two any provision hereof Is held by a court to be Invalid,vold,or unenforceable,the remainder
(2)hours per service agreement of free cansullahon and on site troubleshooting service to of this Agreement shall remain In effecl. If q conflict between any provision of this Agree-
the Customer tar services between 1.51vbps and 45Mbps. For services greater than mend and the attached Service Order,the provision of this Agreement shall control.
45Mbps,disc will provide up to four(4)hours of free consunaifon.Addlional consuliatlon
services are❑vallable at dlsc's prevalling rates.
10, EQUIPMENT CHANGES-disc may substitute,change,or rearrange any equipment,
facility or system used In providing services at any time and from time to time but shall not Customer
thereby alter the speed of the service provided hereunder.
11. WRITTEN CONSENT FOR EQUIPMENT CHANGES-The Customer shall not cause or allow
any foclllN or equipment of disc to be rearranged, moved, disconnected,or applied Signature
.YIbtyi dries prior wrlllen consent. The Customer shall not creole or allow any liens of other
ncumtn lance to be placed on my disc equipment,faculty,of system arlsing dam any act, _
nsarachOn or cllcumslances relating to The Customer, Thle
12. SERVICE RELOCATION-If The Customer elect to clocpte or otherwise change the
Place of new location.
after Installation,the Cushomeh shall pay all additional Inslallailon charges Dole
for the❑ewrvideso f t --"'---'-""-'-
N4Tith-Adnlinis'natidnn canul;l+-Cusrrnner 1042
MINUTE ORDER NO.
APPROVING A MASTER SERVICES AGREEMENT WITH
DIGITAL INTERNET SERVICES CORPORATION (DISC)
OF INDIAN WELLS, CALIFORNIA, FOR AN EIGHTEEN-
MONTH PERIOD (THROUGH FY 2001-2002) TO
PROVIDE HIGH-SPEED WIRELESS INTERNET ACCESS
FOR A ONE-TIME SET-UP COST OF $3,463 AND
MONTHLY SERVICE COST OF $1,730, NOT TO
EXCEED $34,603.
---------------
I HEREBY CERTIFY that this Minute Order approving a master services agreement with
Digital Internet Services Corporation (DISC) of Indian Wells, California, for an eighteen-
month period (through FY 2001-2002) to provide high-speed wireless internet access for
a one-time set-up cost of $3,463 and monthly service cost of $1,730, not to exceed
$34,603, was adopted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 7th day of February, 2001.
PATRICIA SANDERS
City Clerk
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