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HomeMy WebLinkAbout2/21/2001 - STAFF REPORTS (11) 9 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. AP/PROVED:: 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 HIM master service(, agreement This Agreemenl Is made ihls day of ,19 between DIGITAL INTERNET SERVICES CORP.("disc")and the (`Customer'). WHEREAS,disc provides Internet access services which the Customer desires to purchase; and WHEREAS, disc desires to provide such services to the Customer. Now therefore It Is agreed as follows: 1. SERVICES-During the term of this Agreement,disc will provide[he Customer wllh the 13. SERVICE INTERRUPTION - disc will giant credit allowance for service Interruption speclhc services as Identified an the Service Order(s)attached hereto and made a pad calculated and credited In 15-minule Increments. A service Interruption will be deemed to hereof. disc shall provide the Customer will) capaclly on a "lake or pay'basis, Le. have occurred only It service becomes unusable to the Customer as a result of file fallure tegavoless of use by the Customer. Networks assigned item a disc net-block ore non. of disc's facility,equipment Or personnel used to provide the service In question,and only portable. Network space allocated by disc must be returned to disc In the event Customer where the Interruption Is not the result of(I)the negligent or Intentional acts of the Customer aiscardmies service, Or the Customer's agents:(II)the failure or malfunction of non disc equipment or systems;(IIN service maintenance requested by the Customer. Such credits will be granted only If:(al 2. TERM-The term of this Agreement shall begin as of the date first Set forth above end the Customer affords disc full and tree access to the Customer's premises to make shall terminate upon the termination of the latest Service Order Issued under the approtelate repalb,maintenance,testing,etc.;and(b)the Customer does not continue to Agreement. However disc maylerminate this Agreement of suspend services hereunder at use the service on an Impaired basis. The foregoing states the Customer's sole remedy for any lime Upon; (a)any failure of the Customer to pay any amounts as provided In this service Interaction underthe Agreement and In no event shall dho be liable for any direct, Agreement,(b)any breach by the Customer of any material provision of this Agreement of Indirect,Incidental,consequential,punitive or special damages. any law,rule or regulation governing The services provided hereunder,(a)any Insolvency, bankruptcy, assignment for the benefit of creditors,appointment of trustee or receiver of 14, TERMINATION - If the Customer ierminaies the seMce before file term of the similar event with respect to the customer; (d) any governmental pfohiblhon or required Agreement Is complete, and for reasons other than disc's nonperformance, then the alienation of the services to be provided hereunder, Any terminatian shall not relieve the Customer is responsible for the remaining balance of the contract. Customer of obligation of pay any charges Incurred hereunder prior to such terminofion. 15. ACCESS-The Customer shall allow disc continuous access and right-of-way,to the 3. PAYMENTS-Payment Is due 30 days after date of Invoice. Accounts ore In default If Customer's premises to the extent reasonably determined by disc to be appropriate to the payment Is not received Whin 30 days after dote of Invoice. If payment Is returned to disc provision and maintenance of services,equipment,faclllhes and systems hereunder. The unpaid Customer Is MmedateN In default and subject to a returned check charge of$25 Cusiomersholl furnish disc,at an charge,such equipment space and electrical power as Is Iram disc. Accounts unpaid 60 days after date of Invoice may have service Interrupted, reasonably determined by disc to be required and suitable to render services hereunder. Such Interruption does not relieve Customer of the Obligation to pay the monthy charge. Only a written request to terminate Customers service relieves Customer of the obllgotion to 16. DISCONNECTION OF EXISTING SERVICE-If appropriate,the Customer must arrange pay the monthly account charge. Accounts In default are subject to on Interest charge of the disconnection of any eklsting Internet access service,If applicable. The requested date the lesser of 1.5%per month,or the maximum rate permitted by law,on the outstanding of dbconne.h.n will be determined by the new seMce Installation date. The Customer will balance. Customer agrees to pay disc to reasonable erpenees,Including attorney and receive a firm order ocnini merit data from disc. It Is recommended that the collection agency fees,Incurred In enforcing It rights under these Terms and Conditions. disconnection date be scheduled three(3)days or more after the firm order commilmenr date. 4. LOCAL EXCHANGE CARRIER(11EC-)-disc shall coordinate with the LED to arrange the connection to the Customer location. The Customer agrees to be fully responsible for LEC 17. THE CUSTOMER EQUIPMENT PREPARATION-To ensure a timely and error-tree Indalla- charges in addlHon to all other obligations owed to disc hereunder, lion,disc will perform a slie-survey to vocally Inspect the physical location where disc will Interconnect the Customer's equipment. disc is responsible al the Customers expense for S. CREDIT POLICY-disc may conduct a credit verlflcatian of the Customer. f disc Is Wring to a mutually agreed Network Interface. unable to obtain Information establishing the Customers creditworthiness,disc may request o financial statement or a service deport from the Customer prior to processing the order. 18. EQUIPMENT DAMAGE - The Customer shall be liable for any damage to disc equlpmed,facllAy,and system which is caused by(al negligent or wri oats or omissions 6. BILLING-disc generates Invoices every month that reflect the charge for service In of are Customer,or(b)malfunction or failure of any equipment or facility provided by the advance. All invoices are Issued an or about the first day of the month. Billing fa disc Customer or Ih agents,employees or suppliers. seMce will commence when a disc hub and a functioning telephone circuit ate prepared E route'IP packers to Customers site. The first invoice shows the monthly charges prorated 19. WARRANTY- Other Than as expressed in this Agreement, there are no wanall w the+first month of service. The pro-fated Invoice Is sent approrlmately,one week from representations of agreements,expressed or Implied either in fact or by operation of low, instalatlion date, it will also show the applicable Installation charge(s) and fees. It the slot sory or otherwise, Including warranties of mefchontabllfty,of rttness fora particular Customer cancels the order prior to Installation, there will be an adminlshalve charge pi renechng the cosh already Incurred by disc to process The Customer's order. After rnsarrahon,the monthly service fee shall✓>e invoiced monthly rn advance. disc feserves the 20. ASSIGNMENT-Neither party may assign this Agreement without lhewhien consent of fight to change the seMce by❑ehfyfng Customer 60 days in advance of the effective date the other port),except to a yse or the Customer may assign Its fights and/or discobligationsthe of the change. hereunder,(a)pursuant to any sale of transfer of substantially all the business of disc or the Customer: or (c) pursuant to any financing, merger or reorganlzcdon of Ilse or the 7. INSTALLK50N DAY-disc terminal tests the quality of every seMce before It Is made Customer. ovollable for use. On installation day,the Customers agent responsible for the equipment and/or transmission links must be ovaiable. The Customers agent should nahty disc upon 21. LICENSE - No licenses, express of Implied, Is granted by disc pursuant to this afdvd and remain of the location undil necessary hook-ups and terminal tests are Agreement. completed. The Customers representative must vent/completion of this work. 22. CHOICE OF LAW-This Agreement shall be governed by the laws of the Store or 8.. ACCEPTIBLE USE POLICY-All use of the disc Network and the seMce must comply Calli with the Ihen-current version of the disc Acceptable Use Policy('Palley')ovaihble Oil the following U1i wwwr.di disc reserves the right to amend the Policy from time to time, 23. PROPRIETARY INFORMATION-Each party agrees to maintain In shier confidence all er ectfve upon earring of the revised Policy art-eve URL.disc reserves the dghl to suspend the plans,designs,drawings,trade secrets,and other proprietary Information at the other pat/ service or terminate this Agreement ettecit o upon notice for a vloiafion of the Policy. Which is disclosed pursuant to this Agreement. Customer agrees to Indemnify and hold harmless disc from any losses,damages,costs Or expenses resulting from any third party claim or alleg rkm CClalmn)arising our of at 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 hue,would constilule a Moli of the each Isjolnryi and severally table for all agreements,covenants,and obllgations herald. Policy. 25, ENTIRE AGREEMENT-This Agreement,together with the afinched Service Order and 9. SERVICE CALL CHARGES -disc may charge the Customei for seMce calls(except any and all public tariffs applicable sets forth the lull agreemenl of the padres whin respect where disc Is responsible forthe service Interruption)at the roles generally charged by disc to the subject matter hereof,and supersedes any prior agreements or underslandings, If to Its customers. However,within 30 days of the first service date,disc will provide up to two any provision hereof Is held by a court to be,Invalid,veld,or urtenforcisgde,the rempinder (2)hours per service ggreemeni of free consullation and on site troubleshooting service to of this Agreemenl shall remain In effect. If a conflict between any provision of this Agree- the Customer lot services between 1.5Mbps 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 consultation.Addillonal consultation seMces are available of disa's prevalling rates. 10. EQUIPMENT CHANGES-disc may substilure,change,or rearrange any equipment, facility or system used In providing services at any time and from time to time loud shall not Customer thereby alter the speed of the service provided hereunder. 11. WRM-N CONSENT FOR EQUIPMENT CHANGES-The Customer shall not cause of allow any faclllly or equipmenl of disc to be rearranged, moved disconnected,or nepadred Signature .?9W.ul disek prior wrlllen consent. The Customer shall not creole or allow any liens or other ncumunbrance to be placed on any disc equipment,faclll y,or system arising from any act •uses-ration of clicumsiances Saluting to The Customer. ilite 12. SERVICE RELOCATION-if The Customer elects to relocate or otherwise change the Place of services after Indallallon,the Customer shall pay dl additional Installallon charges Date for the new location. -' -----'—'—'— `—_. . V�7Tite—Administration Cmtary-Cunruner fi2. MINUTE ORDER NO. 6804 APPROVING A MASTER SERVICES AGREEMENT WITH DIGITAL INTERNET SERVICES CORPORATION (DISC), OF INDIAN WELLS, CA, FOR AN EIGHTEEN (18) MONTH PERIOD (THRU 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, CA, for an eighteen (18) month period (thru 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 21s` day of February, 2001. PATRICIA A. SANDERS City Clerk