HomeMy WebLinkAboutResolution 10-13RECORD OF RESOLUTIONS
Resolution No
Ino.. Fonn No 30045
10-13
Passed , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A BROADBAND SERVICES AGREEMENT
WITH METRO DATA CENTER, LLC.
WHEREAS, the City of Dublin has adopted certain telecommunication - related goals,
including compliance with the Telecommunications Act of 1996, facilitating the rapid
deployment of bandwidth and associated services /technologies and enhancing
economic development; and
WHEREAS, the City of Dublin has determined that available bandwidth is a critical
infrastructure necessary to meet these goals; and
WHEREAS, the City of Dublin owns and manages its own underground optical fiber
system, which enables the City to bulk purchase certain broadband services and
backhaul them over its own fiber optics to its designated points of presence; and
WHEREAS, the City of Dublin bulk purchased certain incremental quantities of
broadband service for its own use; and
WHEREAS, the City of Dublin possesses excess capacity broadband services only
within the Metro Data Center; and
WHEREAS, the City of Dublin desires to make certain of its own excess broadband
service available for leasing; and
WHEREAS, leasing excess capacity broadband service to Metro Data Center, LLC will
result in creating non -tax revenues for the City of Dublin and further minimize the
City's overall cost for broadband services; and
WHEREAS, the City of Dublin desires to lease a portion of its excess capacity of
broadband services to Metro Data Center, LLC., in accordance with the terms and
conditions set forth in a Broadband Services Agreement.
NOW, THORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring:
Section 1. That the City Manager is hereby authorized to lease said excess capacity
broadband services in accordance with the covenants and agreements set forth in the
Broadband Services Agreement.
Section 2 . That this Resolution shall take effect and be in force on the earliest date
permitted by law.
Passed this � day of ✓l Ct� ' 2013
Mayor resi ing Officer
ATTEST:
Clerk of Council
Office of the City Manager
7, 5200 Emerald Parkway • Dublin, OH 43017 -1090
a of Dublin Phone: 614 - 410 -4400 < Fax: 614 -410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: March 8, 2013
Memo
Initiated By: Dana L. McDaniel, Deputy City Manager /Director of Economic Development
Bob Schaber, Network Operations Manager
Re: Resolution 10 -13 — Broadband Services Agreement
Background
Resolution No. 10 -13 authorizes the City Manager to enter into a Broadband Services Agreement
with Metro Data Center, LLC for the purpose of leasing excess capacity broadband services. This
excess capacity will be leased to Metro Data Center, LLC for $1,750 per month.
Council may recall that the City relocated its computer servers and established a new point of
presence for its fiber optics system at Metro Data Center, located at 565 Metro Place South. As a
result of this relocation, the City of Dublin's fiber optic system is now interconnected to multiple
data centers. This interconnection has positioned the City to bulk purchase, in large quantities
and increments, broadband services capacity at extremely low cost compared to previous
purchases.
Every three years, the City makes a significant increase in broadband services purchasing due to
the changing requirements of its own hosted solutions and the bandwidth heavy applications the
City deploys on an ongoing basis. Due to a combination of having to purchase in incremental
allotments and the need to carry some additional capacity, the City has extra capacity that it will
not be using in the immediate future. Since Metro Data Center, LLC houses the City's servers and
needs additional broadband, they are willing to lease a portion of the City's extra capacity. It is
not feasible, at this time, for the City to lease the same broadband to others, as it can only be
delivered within the Metro Data Center's facility.
Recommendation
Staff recommends approval of Resolution No. 10 -13. Leasing excess capacity bandwidth while
not in use by the City will lower the City's cost of its broadband services even further. The
concept of this lease is similar to the City leasing its excess capacity dark fiber. The City reserves
the right to terminate the lease of this excess capacity when the City needs it for its own use.
Please address any questions to Dana McDaniel or Bob Schaber.
BROADBAND SERVICES AGREEMENT
This Broadband Agreement ( "Agreement ") is made and entered into and effective on this day
of , 2013 ( "Effective Date ") by and between the City of Dublin, Ohio ( "Dublin "), an Ohio
Municipal Corporation, with offices located at 5200 Emerald Parkway, Dublin, Ohio 43017 and Metro
Data Center, LLC ( "Metro Data Center "), a limited liability company, with an office and principal place
of business located at 565 Metro Place South, Suite 300, Dublin, Ohio 43017.
Recitals
WHEREAS, Dublin owns and operates a fiber optic network; and
WHEREAS, Metro Data Center desires to purchase broadband service from Dublin; and
WHEREAS, Dublin desires to provide broadband service to Metro Data Center ( "Services "), in
accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements
herein contained, the parties, intending to be legally bound, agree as follows:
Provisions
I. Performance of the Services. Dublin shall:
A. Provide Metro Data Center with Services at a maximum of 500 megabits per second.
The Services shall be provided at the following Metro Data Center site: 565 Metro Place
South, Suite 300, Dublin, Ohio.
B. Give prompt notice to Metro Data Center should Dublin observe or otherwise become
aware of any nonconformance with the Agreement.
C. If requested, perform Information Technology Services "IT Services" pursuant to the
attached Exhibit A.
II. Obligations of Metro Data Center. Metro Data Center shall:
A. Assist Dublin by placing at its disposal all available information pertinent to the
provision of the Services.
B. Use its best efforts to secure release of other data applicable to the project held by others.
D. Make all necessary provisions to enter upon public and private property as required to
perform the Services.
E. Comply with all applicable laws and regulations, including the terms of this Agreement,
in the use of the Services.
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F. Be responsible for all use (whether or not authorized) of the Service, which use shall be
deemed Metro Data Center's use for purposes of this Agreement.
G. Be responsible for all content that is stored or transmitted via the Service.
H. Give prompt notice to Dublin should Metro Data Center observe or otherwise become
aware of any fault or deficiency in the Services or any nonconformance with the
Agreement.
III. Term, Termination and Force Majeure. The Agreement shall commence on the day of
, 20 and shall terminate on the day of 20
Either party may terminate this Agreement at any time by giving days advance
written notice to the other party.
In the event that Metro Data Center terminates this Agreement early for any reason other than a
material breach by Dublin, Metro Data Center shall promptly pay Dublin a termination fee equal
to the fees that would have been due for the remainder of the term. The foregoing shall be in
addition to any other rights and remedies that Dublin may have under this Agreement at law or
equity.
Dublin, at its sole discretion may immediately terminate this Agreement and /or suspend the
Services, without advance notice to Metro Data Center, for any violation of the Acceptable Use
Policy.
Except for the obligation to make payments hereunder, either party shall be relieved of its
obligations under this Agreement to the extent that its performance is delayed or prevented by a
Force Majeure event. Upon the occurrence of a Force Majeure event, the party whose
performance is affected shall give written notice to the other party describing the affected
performance. The parties shall confer within two (2) business days, in good faith, to agree upon
equitable, reasonable action to minimize the impact on both parties, including without limitation
implementing disaster recovery services. The party whose performance is affected shall use best
efforts to minimize the delay caused by the Force Majeure event and to re- commence its
performance as if no Force Majeure event had occurred.
IV. Payment.
Dublin will invoice and Metro Data Center will pay Dublin One Thousand Seven Hundred Fifty
Dollars ($1,750) per month for the Services.
Metro Data Center agrees to pay each invoice within thirty (30) days following receipt from
Dublin.
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V. Monitoring.
Dublin shall have the right, but not the obligation, to monitor traffic and content on its broadband
network, in its sole discretion, including through the use of automatic content filters (including
without limitation spam, virus, and adult language sniffers and filters). Dublin shall the right, but
not the obligation, to upgrade, modify, and enhance the Services and take any action that Dublin
deems appropriate to protect the Services and its facilities.
VI. Acceptable Use Policy.
The Services may only be used for lawful and appropriate purposes. Metro Data Center and its
users may not transmit, retransmit, redirect, or store material in violation of federal or state laws
or regulations or industry or community standards, including, but not limited to, obscenity,
indecency, defamatory or material infringing trademarks or copyrights. Metro Data Center may
not abuse or fraudulently use the Services, nor allow such use by others. The foregoing
paragraph is inapplicable to law enforcement officials performed authorized law enforcement
activity. The following illustrate some, but not all, uses that are prohibited under this Acceptable
Use Policy:
1. Child Pornography: It is illegal under federal and state child exploitation statutes to
possess, produce, receive, transport or distribute by any means, including computer,
visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving
persons under the age of 18.
2. Inappropriate Content: Using the Services to transmit distribute, redirect, or store
material that, as reasonably determined by Dublin, is inappropriate, obscene,
defamatory, libelous, threatening, abusive, hateful or which contains or incites
violence.
3. Denial of Services: Engaging in activity that may or will interfere with the service of
another user, host or network on the internet. Metro Data Center is also prohibited
from activity considered a precursor to attempted security violations including, but not
limited to, any form of scanning, probing, or other testing or information gathering
activity, without prior express written consent from Dublin.
4. Distribution of Viruses: Distribution of software, programs or messages that may
cause damage or annoyance to persons, data, and/or computer systems. Hosts not
timely secured or removed by Metro Data Center may be blocked by Dublin from
accessing the network.
5. Forging Headers: Forging or misrepresenting a message header of an electronic
transmission originating or passing through Dublin's Network.
6. E -mail Spamming [or Mail- bombing]: The transmitting of unsolicited e -mail to
multiple recipients, sending large amounts of e -mail repeatedly that annoys, harasses or
threatens another person or entity, or attempts to use Dublin servers as a mail drop or
name server for SPAM. Sending unsolicited bulk e -mail from another internet service
provider's network advertising or implicating any service hosted or provided by
Dublin.
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Fraudulent Activities: Fraudulent activities include, but are not limited to, intentional
misrepresentations or misleading statements, writings or activities made with the intent
that the person receiving it will act upon it; obtaining Services with the intent to avoid
payment; and hosting of phishing websites.
Unauthorized Access: Unauthorized access includes, but is not limited to, the illegal
or unauthorized access to the other computers, accounts, or networks; accessing or
attempting to access computer resources belonging to another party; attempting to
penetrate security measures of other systems; using Dublin services or equipment not
included in Metro Data Center's contract; devising way to circumvent security in order
to access unsubscribed services; using the Services in a manner that encumbers disk
space, processors or other system resources beyond amounts allowed by the specific
type of Services; and /or interfering with the Services, overloading the Services or
attempting to disable a host not assigned to Metro Data Center.
Network Sabotage: Use of Dublin Services in a manner that interferes with others'
use of the internet or Dublin's Network.
10. Pyramid Schemes: Use of a fraudulent system of achieving financial gain, which
requires an endless stream of recruits for success.
11. Unlawful Acts: Use of Dublin Services to violate the law or to aid any unlawful act.
12. Non -e -mail Based Spamming: Posting of messages to newsgroups /blogs /services that
are irrelevant, blanket posting of messages to multiple newsgroups /blogs /services, and
the posting of annoying, harassing and/or threatening messages. Violation of any rules,
policies or charters posted online by any search engine, subscription web service, chat
area, bulletin board, webpage, or any other service accessed via the Dublin Network is
prohibited.
13. Facilitating a Violation of this Acceptable Use Policy: Advertising, transmitting, or
otherwise making available any software, program, product, or service that is designed
to allow a user to violate this Acceptable Use Policy. This includes, but is not limited
to, the facilitation of the means to spam, initiation of pinging, flooding, mail bombing,
denial of service attacks, and piracy of software.
14. Blacklisting: Behavior by Metro Data Center that causes or could cause blacklisting
must be remedied within 48 hours of written, electronic or telephonic notice from
Dublin. Activities that result in re- listing are prohibited and must stopped immediately.
Known spammers, previously unidentified, will be removed from the network once
identified.
Violations and Enforcement. At Dublin's sole and reasonable discretion, violations of any
element of this Acceptable Use Policy may result in a warning to the offender followed by
suspension or termination of the Services if Metro Data Center does not cease the violation.
Dublin may immediately suspend or terminate Services with or without notice if Dublin
reasonably determines that a violation of the Acceptable Use Policy has occurred. Dublin will
enforce this Acceptable Use Policy according to the severity of the offense and violator's history
of prior Acceptable Use Policy infringements. Severe and /or repeated offenses will result in
immediate termination of Services. Dublin is not liable for damages of any nature suffered by
Metro Data Center, end -user, or any Third -Party resulting in whole or in part from Dublin
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exercising its rights under this Acceptable Use Policy. Dublin has no practical ability to monitor
all conduct, communications, or content that might violate this Acceptable Use Policy prior to its
transmission over the Dublin Network but, where possible and necessary, may do so at its
discretion,. Therefore, Dublin does not assume liability for others; violations of the Acceptable
Use Policy or failures to terminate those violations. Dublin reserves the right to assess time and
materials charges to resolve Metro Data Center issues that are not resolved by Metro Data Center
in a timely manner.
Because Dublin acts only as a conduit for transmission of data it is not subject to the Health
Insurance Portability and Accountability Act (as per FR 82476), or Gramm - Leach - Bliley Act (as
per 16 C.F.R. §314.2(d)); Metro Data Center is solely responsible for complying with such
statutes, rules and regulations.
Dublin reserves the right to modify this Acceptable Use Policy at any time without prior
notification to Metro Data Center. However, such amendment shall not restrict or negatively
affect any law enforcement officer engaging in authorized law enforcement research or activities.
TO REPORT A VIOLATION OF THIS ACCEPTABLE USE POLICY OR AN ABUSE OF
DUBLIN'S SERVICES, PLEASE E -MAIL:
VII. Warranty and Warranty Disclaimers.
Dublin warrants that the Services will be performed in a good and workmanlike manner,
in accordance with accepted industry standards.
THE SERVICES PROVIDED IN CONNECTION WITH THIS
AGREEMENT ARE NOT COVERED BY ANY OTHER WARRANTIES
OF ANY KIND; AND DUBLIN DISCLAIMS ANY WARRANTIES NOT
EXPRESSLY STATED HEREIN, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY,
QUIET ENJOYMENT, MERCHANTABILITY FOR A PARTICULAR
PURPOSE, OR ARISING OUT OF A COURSE OF DEALING, USAGE
OR TRADE PRACTICE. NO ADVICE OR INFORMATION GIVEN BY
DUBLIN, ITS OFFICIALS, ITS CONSULTANTS, OR ITS EMPLOYEES
SHALL CREATE ANY WARRANTY.
METRO DATA CENTER ASSUMES ALL RISK AND RESPONSIBILITY
FOR USE OF THE SERVICES. DUBLIN HAS NO CONTROL OVER
CONTENT APPLICABLE OR ACTIONS OCCURRING THROUGH ANY
SERVICES; AND DUBLIN DISCLAIMS ALL RESPONSIBILITY FOR
SUCH CONTENT AND ACTIONS. DUBLIN DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE,
SECURE OR MEET METRO DATA CENTER'S REQUIREMENTS.
VIII. Limitations of Liability.
DUBLIN SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING TO THIS AGREEMENT,
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REGARDLESS OF WHETHER OR NOT DUBLIN HAD BEEN ADVISED
OF THE POSSIBILITY FO SUCH DAMAGES. THE AGGREGATE
LIABILITY OF DUBLIN FOR ANY AND ALL REASONS AND FOR
ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE LIMITED TO THE LESSER OF: (1) THE
FEES PAID TO DUBLIN UNDER THIS AGREEMENT IN THE TWO (2)
MONTHS PRECEDING THE DATE THAT THE CLAIM OR CAUSE OF
ACTION AROSE; OR (2) DUBLIN'S LIMITS OF LIABILITY
INSURANCE.
IX. Insurance.
Metro Data Center, at its own expense, shall secure and maintain throughout the term of this
Agreement general liability insurance, with competent, qualified, and licensed issuing insurance
companies, with minimum limits of not less than $1,000,000 US per occurrence for personal
injuries, wrongful death, survival, loss of consortium, and/or loss of damage to property. Such
insurance may be provided in primary and excess, including umbrella or catastrophe, policy
forms. Metro Data Center shall also carry such insurance as will protect it from all claims under
any applicable Workers Compensation laws. Upon request, Metro Data Center shall provide
Dublin with evidence of the necessary insurance policies required under this section.
X. Indemnification. Metro Data Center hereby agrees to indemnify, defend and hold harmless
Dublin, its officers, officials, employees or any combination thereof, from and against any and all
actions, causes of action, claims, demands, liabilities, losses, judgments, damages, fines, penalties
or expenses and charges of any kind or nature (a "Claim ") including, without limitation, any
interest, reasonable attorneys' fees and other costs, expenses and charges which Dublin may at
any time incur, sustain, or become subject to by reason of any Claim or Claims arising, directly or
indirectly, from or in connection with this Agreement.
This Section shall survive the termination of this Agreement.
XI. Non - Disclosure and Confidentiality.
Each party acknowledges that it and its employees or agents may, in the course of this
Agreement, be exposed to acquire Confidential Information belonging to relating to the other
party. For purposes of this Agreement, confidential information is defined as: information
(whether oral, electronic or written, including all media on which such information is contained),
whether or not created by the party disclosing the information (the "Owner "), which information
is used in the Owner's business and: (a) is proprietary to, about, or created by the Owner; (b)
gives the Owner some competitive business advantage or the opportunity of obtaining such
advantage; or (c) is designated as Confidential Information by the Owner; or from the
circumstances surrounding disclosure, it should reasonably be assumed by the party receiving
such information (the "Recipient ") that the disclosed information is the Owner's Confidential
Information.
a. Such Confidential Information includes, but is not limited to, the following types of
information and any other information of a similar nature (regardless of whether or not
reduced to writing or designated as confidential): (a) trade secrets, drawings, works of
authorship, formulae, inventions, know -how, techniques, design details and specifications,
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software programs and software source documents, information relating to proprietary rights
prior to any public disclosure thereof; information regarding acquiring, protecting, enforcing
and licensing proprietary rights (including without limitation patents, copyrights, trade names
and trade secrets); (b) information regarding research, development, service offerings and
products, marketing and selling plans, business plans, budgets, business methodologies,
metrics, services and operational manuals, checklists, forms, scorecards, unpublished
financial statements, policies, procedures or processes, licensing and distribution
arrangements, prices and costs and lists of, or information about, personnel, suppliers, or
goods or services sold or offered for sale; (c) all customer data including entity names and
contact names, and their respective addresses, telephone numbers, facsimile numbers, e -mail
addresses, and instant messaging information; (d) the existence of any business discussions,
negotiations or agreements between the parties; work product resulting from or related to
work or projects performed or to be performed for either party or for customers of either
party (including all media on which such information is contained); (f) any other non - public
information belonging to an Owner; and (g) other significant business information otherwise
defined as "trade secrets" under the Uniform Trade Secrets Act of the state in which the
Owner has its principal place of business.
b. Information shall not be deemed confidential or proprietary for purposes of this Agreement,
and Owner shall have no obligation with respect to any such information, which: (a) is
already known to Recipient at the time of its disclosure; (b) is or becomes publicly known
through no wrongful act of Recipient; or (c) is properly received by Recipient from a third
party which is not subject to a duty of confidentiality to Owner with respect to such
information.
At all times during this Agreement, and at all times following the expiration or termination of this
Agreement, neither party shall, without the other party's prior written consent: (1) obtain or
attempt to obtain, possession of or access to any Confidential Information belonging to the other
party; (2) convert or attempt to convert to its own use or the use of any entity or person any
Confidential Information belonging to the other party; and (3) disclose or attempt to disclose to
any third -party any Confidential Information belonging to the other party.
Each party shall use Confidential Information solely for the purpose of carrying out its
obligations under this Agreement ; and shall take all necessary steps to protect all Confidential
Information from disclosure, using the same degree of care with respect to Confidential
Information belonging to the other party as it would use to protect its own Confidential
Information.
The parties acknowledge that the provisions of this paragraph shall not apply to: (a) Confidential
Information which at the time of disclosure is, without fault of the recipient, available to the
public by publication or otherwise; (b) Confidential Information which a party can show was in
its possession at the time of disclosure and was not acquired, directly or indirectly, from the other
party; (c) Confidential Information received from a third -party which had the right to transmit the
Confidential Information without violating: any secrecy agreement, federal law, state law, or
regulations promulgated to enforce them, as appropriate; and (d) Confidential Information which
is required to be disclosed pursuant to an order by a court of competent jurisdiction or otherwise
by law.
This Section shall survive the termination of this Agreement.
XII. Property Rights.
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All Dublin property shall remain the sole and exclusive property of Dublin. Metro Data Center
acquires no interest in Dublin property and the Dublin Network by virtue of the payments
provided for herein.
If applicable, Metro Data Center may use Dublin property intended by Dublin to be provided in
conjunction with the delivery of the Services. Metro Data Center may not reproduce, modify, or
distribute Dublin Property, nor use it for the benefit of any third -party. All rights in Dublin
property not expressly granted to Metro Data Center are reserved for Dublin.
XIII. Relationship of the Parties. The parties acknowledge and agree that Metro Data Center is an
independent contractor and is not an agent or employee of Dublin. Nothing in this Agreement
shall be construed to create a relationship between Dublin and Metro Data Center of a
partnership, association, or joint venture.
XIV. Taxes.
Metro Data Center is subject to and responsible for all applicable federal, state, and local taxes.
XV. Assignment. Neither party may assign this Agreement without obtaining express, written
consent from the other party prior to assignment.
XVI. Entire Agreement / Amendment. This Agreement constitutes the entire understanding of the
parties hereto with respect to the subject matter hereof and supersedes all prior negotiations,
discussions, undertakings and agreements between the parties. This Agreement may be amended
or modified only by a writing executed by the duly authorized officers of the parties hereto. It is
understood and agreed that this Agreement may not be changed, modified, or altered except by an
instrument, in writing, signed by both parties in accordance with the laws of the State of Ohio.
XVII. Discrimination.
A. No discrimination for reason of race, religion, sex, age or country of national origin shall
be permitted or authorized by Dublin and/or Metro Data Center in connection with the
Services.
B. Nothing in this Agreement shall require the commission of any act contrary to any law or
any rules or regulations of any union, guild, or similar body having jurisdiction over the
Services or the parties.
XVIII. Governing Law /Venue. Any controversy or claim, whether based upon contract, statute, tort,
fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement,
whether between the parties, or of any of the parties' employees, agents or affiliated businesses,
will be resolved under the laws of the State of Ohio, in any court of competent jurisdiction in
Franklin County, Ohio.
XIX. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision
shall be deemed deleted from this Agreement and shall be replaced by a valid, mutually agreeable
and enforceable provision which so far as possible achieves the same objectives as the severed
provision was intended to achieve, and the remaining provisions of this Agreement shall continue
in full force and effect.
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XX. Paragraph Headings. Paragraph headings are inserted in this Agreement for convenience only
and are not to be used in interpreting this Agreement.
XXI. Notice. Any notices required or permitted to be sent hereunder shall be in writing and shall be
addressed as follows and shall be delivered either by personal delivery or by the U.S. mail,
facsimile, or email:
Notice to Dublin:
City of Dublin
Marsha I. Grigsby, City Manager
5200 Emerald Parkway
Dublin, Ohio 43017
Notice to Metro Data Center:
All notices shall be effective upon receipt, or upon such later date following receipt as is set forth
in the notice. Either party may, by written notice to the other, change the representative or the
address to which such notices are to be sent.
XXII. No Third -Party Beneficiaries.
There are no third -party beneficiaries to this Agreement and the Agreement shall not be construed
to create any right enforceable by any other person or entity, other than the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of
2013.
CITY OF DUBLIN, OHIO
I
Marsha I. Grigsby, City Manager
BY:
Peter Husenitza, Information Technology Director
METRO DATA CENTER, LLC
PRINT:
SIGN:
ITS:
Approved as to Form:
Stephen J. Smith, Law Director
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CERTIFICATION OF FUNDS
I hereby certify that the funds required to meet the City's obligation, payment, or expenditure
under this Agreement have been lawfully appropriated or authorized for such purpose and are free from
any obligation now outstanding.
Director of Finance
Date
213862v2 10
Exhibit A
Information Technology Services provided under this agreement may include, but are not limited, to
the following: Network Engineering, troubleshooting, preventive maintenance services, and diagnostic
services, repair services (both emergency and non - emergency).
Service Availability and Scheduling. IT Services shall be provided to the extent of the City of
Dublin's available excess capacity and are subject to the priorities of the City of Dublin's need to
maintain its own network. The City of Dublin shall make a reasonable effort to complete scheduled
work within one (1) business day; or other agreed upon completion schedule established to account for
the complexity of the anticipated work. In the event Dublin determines that it is not reasonably able to
complete the requested work in a timely manner due to workload, complexity of the work, and /or
other circumstances, Dublin will notify the Metro Data Center to make reasonable efforts to minimize
the impact on the Metro Data Center's operations.
If the Metro Data Center wishes to receive services it shall make a reasonable attempt to contact
Dublin in advance to schedule the service.
Charges. All invoices shall be charged on a "time & material" basis: Labor and parts will be charged
at the applicable rates as noted below. The current rates and charges listed herein are subject to
change. The City of Dublin shall make a reasonable effort to diagnose the service to be rendered and
all applicable charges. "Charges" shall include all costs associated with providing the service,
including, but not limited to, hourly service charges, parts, administrative and/or diagnostic fees, after -
hours or overtime fees, and specialty repair fees (if applicable).
Labor Rates. At the current time, the City of Dublin's labor rates are $127.00 per hour. These rates are
subject to change. The City of Dublin shall provide the Metro Data Center a 30- day notice of any
increase.
Parts. Parts used for the provision of IT services shall be purchased through the City of Dublin. Parts
are charged to customers at the cost plus a 5% mark -up.
Use of after - market parts, in addition to or instead of original equipment manufacturer parts, may be
used contingent upon those after- market parts being covered under the same level and standard of
warranty as original parts, and which parts perform in the same manner as original parts.
Diagnostics. After conducting an initial diagnosis, the City of Dublin shall provide a written estimate
of the charges, along with an estimated date for completion, to the Metro Data Center. Upon written
acceptance of the estimate by the Metro Data Center, Dublin shall provide the service and complete
the work. Each Party shall keep accurate records of all services requested and received.
Billing and Payment. The City of Dublin shall promptly invoice Metro Data Center for services
provided hereunder. Billing shall be provided monthly to the Metro Data Center.
Level of Service Repairs, preventive maintenance and other services shall be provided in a workman-
like manner and in accord with the customary standards in the industry of Information Technology.
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