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HomeMy WebLinkAboutWORLDCOM/UUNET (3) -1999REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 1999 TITLE: AGREEMENT WITH UUNET/MCI FOR INTERNET SERVICE Edu<azion Asr CLERK OF COUNCIL USE ONLY: RECOMMENDED ACTION 70:• D, CONTINUED TO FILE NUMBER A-1 999- 178 8 Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute an agreement with UUNET/MCI for a one-year period with provision for three one-year renewals for Internet Service in an amount not to exceed $25,000 in the first year. DISCUSSION In fiscal year 1996-97, the City completed the development of a comprehensive management information systems strategic plan that included a significant expansion of the local area network and provided desktop access to the Internet. In 1996, the City Council approved an agreement with Netcom to provide connectivity to the Internet. In February 1999, staff from Information Services evaluated Netcom and two other Internet Service providers to ensure that we were getting the best service at a competitive rate in the rapidly changing environment of Internet web access. The companies were evaluated on their level of service, cost, size of Internet backbone, speed of data transmission, and downtime. UUNET/MCI was rated highest on these criteria, particularly for their one hundred percent network availability service guarantee. Their fee also proved to be the lowest of the three companies evaluated. Page 37 251m As Recommended As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER A-1 999- 178 8 Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute an agreement with UUNET/MCI for a one-year period with provision for three one-year renewals for Internet Service in an amount not to exceed $25,000 in the first year. DISCUSSION In fiscal year 1996-97, the City completed the development of a comprehensive management information systems strategic plan that included a significant expansion of the local area network and provided desktop access to the Internet. In 1996, the City Council approved an agreement with Netcom to provide connectivity to the Internet. In February 1999, staff from Information Services evaluated Netcom and two other Internet Service providers to ensure that we were getting the best service at a competitive rate in the rapidly changing environment of Internet web access. The companies were evaluated on their level of service, cost, size of Internet backbone, speed of data transmission, and downtime. UUNET/MCI was rated highest on these criteria, particularly for their one hundred percent network availability service guarantee. Their fee also proved to be the lowest of the three companies evaluated. Page 37 251m Agreement With UUNET/MCI For Internet Service October 4, 1999 Page 2 FISCAL IMPACT Budgeted funds in the amount of $25,000 are available in the internal service fund, Citywide Information Services Strategic Plan (account no. 79-179-6291 work order 33025.) �r� 1 R bma Executi 'Director Finance and Mgmt. Services Agency 25.Fo 12. MCI WORLDCOM, Inc. or its affiliates or subcontractors may perform some or all of UUNET's duties and/or obligations hereunder; provided that the foregoing shall not relieve UUNET of responsibility forthe performance of such services. 13. UUNET warrants that the UUNET Network and the service provided hereunder shall be in compliance with all applicable laws, rules and regulations. Customers sole and exclusive remedy for any failure to comply with this Section shall be to terminate this Agreement upon lhidy (30) days prior written notice to UUNET. 14. Except as otherwise provided in this Agreement, all notices shall be sent to the following addresses: If to UUNET: UUNET Technologies, Inc. Attn: General Counsel 3060 Williams Drive Fairfax VA 22031 If to Customer: Information Systems Manager Attn: Tom Gergen City of Santa Ana P.O. Box 1988, M-12 20 Civic Center Plaza Santa Ana, CA 92702 15. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstandhg any variance with terms and conditions of any order submitted. Acceptance of this Agreement by UUNET may be subject, In UUNET's absolute discretbn, to satisfactory completion of a credit check. Activation of service shall indicate UUNET's acceptance of this Agreement. Use of the UUNET Network constitutes acceptance of these Terms and Conditions. ATTEST. nice C, Guy Clerk of the Council APPROVED AS TO FORM: Hugh Halford Assistant City Attorney APPROVED AS TO CONTENT: David N. Ream City Manager 11109. Coloma, and Mangy e Director Services Agency CITY OF SANTA ANA, a municipal Corporation of the State of California MigueJ4� Pulido Mayor UU T UUNET TeFFhnologl'es, Ino Name: GG In Title: Pr 11P salt5 Employer ID# 54-1543611 Renewal — 10/19/99 "TME INTERNET AT WORK' Crtv of SANTA ANA T1 11/2/98 1 •0• s, UUNET Technologies, Inc. +1 800 488.6383 (voice) 3060 Williams Drive +1703 206-5800 (voice) r (, �r Fairfax, VA 22031 +1 703 208-3728 (fax) hftp://www,uu.net hs-sales@uu.net Service Type OT1 Burstable Service 0 0 to 128 Kbps ❑ 128 Kbps to 256 Kbps 0 256 Kbps to 384 Kbps 0 384 Kbps to 512 Kbps ❑ Over 512 Kbps QT1 Price-Protecteds ® UUNET is a registered trademark, the UUNET logo design and The Internet At Work are trademarks, and Diverse T and Double T are service marks of UUNET Technologies, Inc. All other trademarks acknowledged. INSURANOZ NOT RGQUIRED/WAIVED WORK MAY PROCEED T1 SERVICE AGREEMENT CLERK OF COUNCIL DATE: Il -IL _795 Monthly Feet Start-up ChargeZ e rs ✓ $5,000 $1,295 $1,895 $2,495 $2,750 $3,000 © Special State & Local Promotional Pricing: if Customer renews its existing Ti Price -Protected service with a 1 - year Term Commitment from 11/1/1999-10/31/2000, the Start- up Charge shall be waived and the Monthly Fee shall be 0 Double TSM3 $4,200 $7,000 $1,048.95. 0 Diverse TSM3 $4,200 $7,000 Prices above do not include telco installation fees, domain name registration fees, monthly telco line charges or equipment costs.' Term Commitments Q 1 -year Term Discounted Equipment Packages (available only with services Price 0 Cisco 2524 router Ti 0 Cisco internal T1 CSUIDSU $ 995 0 OpenROUTE GTX 1000 router with internal T1 CSU/DSU $ 1,450 0 OpenROUTE Internal T1 CSU/DSU $ 470 Installation Installation may be scheduled between the hours of 8AM and 7PM ET Monday through Friday 'excluding holidays). if Customer requires installation outside of these hours, there is a fee of $500. Customer's installation period extends for 30 days after UUNET has passed packets with Customer's router. UUNET's installation engineers are not responsible for configuring or consulting on security equipment. Ask your sales representative about UUNET's security products and consulting services. Payment If Purchase Order Is required, return PO with this form and provide PO#: - Biiiinq lreference 0 Bill my existing UUNET account number:U21603. Please sign this Agreement on the reverse after reading the Terms and Conditions. Burstable service Customers always have the full T1 bandwidth available to them over an unshared, non -fractional 1.5 Mbps digital leased line. The Monthly Fee for Burstable service is based on sustained use level during the month, as determined by traffic samples taken every five minutes. The Customer's Monthly Fee is determined by the use level under which 95% of samples falls. The Monthly Fee also includes UUNET domain name service for one domain per Customer and any sub -domains. Additional domains for internal Customer use are $50 each. 2 To insure proper installation, UUNET will order all telco lines. A $500 surcharge applies to Customer -ordered lines. 3 Minimum 1 -year Term Commitment is required, but Term Commitment discounts do not apply. 4 Domain name registration requires a separate fee that will be billed directly to Customer by Network Solutions. All domain name applications that use UUNET nameservers must be authorized by UUNET or the application may be denied or delayed. UUNET will not, under any circumstances, send payment to Network Solutions on behalf of Customer. Discount applicable only to Monthly Fee. At the conclusion of the Term Commitment, this Agreement shall continue in effect on a month-to-month basis at the same rates in effect during the Term Commitment. s UUNET is acting only as a reseller with respect to the hardware and software offered under this Agreement ("Equipment"), which was manufactured by a third party ("Manufacturer"). UUNET will provide first level support for Equipment, but will not repair or replace Equipment. Customer's use of the Equipment is subject to the terms and conditions of the Manufacturer's end user agreement. Should Customer purchase Equipment from UUNET, UUNET will ship the current UUNET -tested version of the Equipment to the Customer. Renewal - 10/19/99 'THE INTERNET AT WORK" CaY of SANTA ANA T1 11/2198 TERMS AND CONDITIONS 1. UUNET Technologies, Inc. ("UUNET") exercises no control over, and accepts no responsibility for, the content of the information passing through UUNET's host computers, network hubs and points of presence (the "UUNET Network"). EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 BELOW, UUNET (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information obtained via the UUNET Network is at Customer's own risk. UUNET specifically denies any responsibility for the accuracy or quality of Information obtained through its services. UUNET shall not be liable for any delay or failure in perforwance due to Force Majeure, which shall include without limitation acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond UUNET's reasonable control. 2. All use of the UUNET Network and the service must comply with the then-current version of the UUNET Acceptable Use Policy ("Polcy") which is made a part of this Agreement and Is available at the following URL; www.uu.net/usenollcv.html. UUNET reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer. UUNET reserves the right to suspendlhe service or terminate this Agreement effective upon notice for a violation of the Policy. Customer agrees to indemnify and hold harmless UUNET from any losses, damages, costs or expenses resulting from any third party claim or allegation ("Claim") arising out of or relating to use of the service including any Claim which, if true, would constitute a violation of the Policy. 3. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER'S OR CUSTOMER'S USERS' USE OF THE UUNET NETWORK AND THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. Notwithstanding anything to the contrary stated in this Agreement, Customer's sole remedies for any claims relating to this service or the UUNET Network are set forth in Section 7 below. 4. Connectivity is provided to Customer's organization only. Resale to or use by another organization is prohibited. Networks assigned from a UUNET net- block are non -portable. Network space allocated by UUNET must be returned to UUNET in the event Customer discontinues service. UUNET may suspend the service or terminate this Agreement effective upon notice for a violation of the terms of this Section. 5. Payment is due 30 days after date of invoice. Accounts are in default if payment Is not received within 30 days after date of hvoice. If payment is returned to UUNET unpaid Customer is immediately in default and subject to a returned check charge of $25 from UUNET. Accountsunpaid 60 days after date of invoice may have service interrupted or terminated. Such interruption does not relieve Customer of the obligationto pay the Monthly Fee. Only a written request to terminate Customer's service relieves Customer of the obligation to pay the Monthly Fee. Accounts indefault are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agree; to pay UUNET its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemptbn certificate at the same time it submits this Agreement. 6. Billing for UUNET service will commence when a UUNET hub and a functioning telephone circuit are prepared to route IF packets to Customer's site. The Start-up Charge is Invoiced upon acceptance of this Agreement by UUNET. Charges for Equipment shall be invoiced upon shipment. Service is invoiced monthly in advance, and may be canceled only by 30 days' advance written notice; provided that Customer shall pay an additional one (1) month telco line charge. In the event of early cancellation of a Term Commitment, Customer will be required to pay 75% of UUNETS standard Monthly Fee for each month remaining in the Term Commitment. UUNET reserves the right to change the rales by notifying Customer 60 daysin advance of the effective date of the change. 7. The Service Level Agreement ("SLA") for this service, which is made a part of this Agreement, is set forth alwww.uu.netloustomers/sla/terms.html and applies only to customers agreeing to a Term Commitment of at least one year. UUNET reserves the right to amend the SLA from this to time effective upon posting of the revised SLA to the URL or other notice to Customer; provided, that in the event of any amendment resulting In a material reduction of the SLA's service levels or credits, Customer may terminale this Agreement without penalty by providing UUNET written noticeof termination during the 30 days following notice of such amendment. The SLA sets forth Customer's sole remedies for any claim relating to this service or the UUNET Network, including any failure to meet any guarantee set forth in the SLA. UUNET's records and data shall be the basis for all SLA calculations and determinations. Notwithstanding anything to the contrary, the maximum amount of credit in any calendar month under the SLA shal not exceed the Monthly Fee and/or Start-up Charge which, absent the credit, would have been charged for UUNET service that month (collectively the "UUNET Fees"); provided, that the maximum amount of credit for failure to meet the Availability Guarantee shall not exceed the sum of(a) the UUNET Fees, plus (b) the telephone company line charge which, absent the credit, would have been charged for such month. 8. Neither party may use the other party's name, trademarks, tradenames or other proprietary identifying symbols without the priorwritlen approval of the other party. Neither party may assign or transfer any of its rights or obligations under this Agreement without the express, prior written consent of the other party; provided, that either party may assign or transfer this Agreement to any affiliate of such party upon advance writen notice to the other party. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exerciseof any other right or remedy granted hereby or by law. 9. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provison of the Agreement. 10. UUNET agrees to indemnify, defend, and hold harmless Customerfrom claims of personal injury or damage to tangible personal property resulting from the negligent orwillful misconductof UUNET's employees while on Customer's premises; provided that Customer provides UUNET: (a) prompt notice of any such claims; (b) sole control over the defense and/or settlement of such claims; and (c) all assistance reasonably required for the defense of such claims. 11. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the Taws of the Stat: of California without application of conflicts of laws principles. Renewal —10/19/99 "THE INTERNEr AT WORK" Carr of SANTA ANA T1 11/2/98