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HomeMy WebLinkAboutDS Marin Information and Data Access System (MIDAS)Agreement between County of Marin and the City of San Rafael using Marin Information and Data Access System This Marin Information and Data Access System Agreement ("Agreement") is made and entered into by and between the County of Marin ("County"), a political subdivision of the State of California and the City of San Rafael ("Customer"). RECITALS Whereas, MIDAS connects the County and local entities by providing Internet access and support for private, network -based shared applications, such as Marin Law Enforcement Data System ("MLEDS") and MarinMap. Whereas, Marin Information and Data Access System ("MIDAS") services include managing, maintaining, and monitoring the MIDAS Wide Area Network ("WAN") connected through data centers at the Marin County Civic Center and Emergency Operations Facility ("EOF"), fielding public and user inquiries, and supporting the identification and development of network -based applications. Whereas, the purpose of this Agreement is to facilitate usage of MIDAS by establishing operating provisions, service levels, and shared costs. OPERATING PROVISIONS 1. EFFECTIVE DATE AND TERM For convenience, this Agreement shall become effective on the date of the County's signature ("Effective Date"). The Agreement shall remain in effect until it is terminated in accordance with Section 2. 2. TERMINATION This Agreement shall terminate on June 30, 2022 ("Initial Agreement Term"). This Agreement shall automatically renew under the same terms and conditions for successive periods of 12 months each after the Initial Agreement Term. The County or Customer may terminate the successive 12 month period of the Agreement without cause only with notice of no fewer than 60 days prior to June 30 of each year. At the time of notice of termination, both parties shall agree upon a termination of services process no later than the last business day of May of the current Agreement term. If a termination of services process is not reached by the last business day of May of the current Agreement Term, the Agreement and services will be extended in 30 day increments until a termination of services process is reached. 3. AMENDMENT This Agreement may be amended only by the written agreement between the County and Customer. Agreement between County of Marin and the City of San Rafael using Marin Information and Data Access System 4. SCOPE AND RESPONSIBILITIES The MIDAS network and the MIDAS Partners (the employees, affiliates, suppliers, and licensors of MIDAS) will provide managed network services, firewall and security monitoring, remote access VPN, network customer service and support, access to shared applications including MarinMap, and a security connection to the Marin Law Enforcement Data Systems (MLEDS) for participating members. MIDAS and its partners are responsible for trouble resolution, annual network upgrades, support of the network and its clients. While MIDAS and its partners maintain systems to monitor performance, use, and security, it is the responsibility of the Customer to report problems with the service and any incidents that impact the operation or network security of the MIDAS network. a. MIDAS Management With supervision by County Information and Services Technology ("IST") staff, MIDAS is primarily managed by a private network integrator and IT consultancy ("Contractor"). Contractor shall provide services according to the defined service levels as outlined here: • Maintain the life cycle of equipment, configurations, backups, and software. • Monitor network use including bandwidth, routing, and flows. • Maintain firewall equipment and policies for endpoints using MIDAS firewall services. • Configure and maintain remote user SSL VPN access. • Manage wireless equipment and maintenance for customers use MIDAS wireless services. • Maintain public DNS server/zone files. • Billing and support b. Customer Support and Trouble Reporting MIDAS Customers have multiple methods for requesting technical support. These include: • Monday -Friday, 8-5pm PST: (415) 842-3275 • https:Hsupport.marinit.com/support • Email: support@marinit.com c. MIDAS Invoicing and Payments MIDAS and the County will invoice the Customer on a monthly or quarterly basis for services. Customer payment is due by the due date on the bill, which is thirty days from the invoice date. If MIDAS and/or County does not receive payment by the Due Date indicated on Customer's bill, Customer's account will become past due. Any fees or penalties applied by the Carrier will be added to the Customer's bill. An additional 1.5% of the overdue balance will be applied to the Customer's bill as a late fee for every month the account is past due. 21 Page March 1, 2021 Agreement between County of Marin and the City of San Rafael using Marin Information and Data Access System Questions about Customer's bill or disputes about a specific charge should be referred to the MIDAS team: Christophe Meneau (cmeneau@marincounty.org), or Javier Trujillo (jtrujillo@marincounty.org) with Customer's concerns and the MIDAS team will investigate and notify Customer of the results. S. COST OF SERVICES The costs of services will be paid Quarterly in the follow table Name Addresulotation Provider Speed Service Fee I Service Description Public Safety Center 1375 Fifth avenue, San Rafael, CA AT&T 500 52,436.15 ASE MIDAS $3,045.00 Service Network Connection Public Works / Sanitation District 111 Morphew Street, San Rafael, CA AT&T IDD $1,660.23 ASE MIDAS 53,045.00 Service Network Connection Alboro Community Center 50 Canal Street, San Rafael, CA AT&T 250' $1,136.82 ASE MIDAS $3,045.00 Service Network Connection San Rafael Community Center 618 B Street, San Rafael, CA AT&T 100 $1,660.23 ASE MIDAS $3,045.00 Service Network Connection Terra Linda Commun ty Center 670 Del Ganado Road, San Rafael, CA AT&T 20 51,136.82 ASE MIDAS $3,045.00 Service Network Connection San Rafael <TBD IP address space> MIDAS 50.00 Public IP address space $23,255.25 Estimated total. Taxes and fees from Carriers vary 'Service billed at rate for 20 mbps. Canal Wifi responsible for additional bandwidth costs The Customer can request changes in bandwidth and providers for access to the MIDAS core network. All carrier circuit charges are determined by purchase agreements with carriers on a case by case basis and by Customer selection of circuit bandwidth. In some cases, service will require additional fees for construction and installation. Customer is entitled to request direct invoices for carrier services upon request to the MIDAS team. Charges for individual carrier services are directly passed to the Customer with no price markup — taxes and fees can vary month to month. Customer may request onboarding of additional sites or increases in bandwidth for existing sites during the term of this Agreement. Additions shall be made under the same terms and conditions and cost structure as existing sites. Customer may request disconnection of a site(s) during the term of this Agreement subject to provisions of Section 2 — the termination clause. 6. INDEMNIFICATION Customer agrees to hold harmless and indemnify MIDAS, the County, and MIDAS partners from and against any claim arising from the use of the MIDAS network, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Nothing in these terms will be deemed to confer any third -party rights or benefits. 7. Disclaimer of Warranties 31 Page March 1, 2021 Agreement between County of Marin and the City of San Rafael using Marin Information and Data Access System MIDAS, the County, and the MIDAS Partners disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through MIDAS network. MIDAS Partners disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. MIDAS Partners disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through MIDAS network. By choosing to use other services (such as an application or website) while using MIDAS network, your use of those services will be governed by the terms and conditions provided to you in association with those services. 8. Miscellaneous Provisions This Agreement will be governed by and construed in accordance with the laws of the State of California. Customer and County agree to submit to the exclusive jurisdiction of the courts located within the County of Marin, California to resolve any legal matter arising from this Agreement, its terms, or use of MIDAS network. If for any reason a court of competent jurisdiction finds any provision or portion of the provisions to be unenforceable, the remainder of the provisions will continue in full force and effect. 9. SEVERABILITY If one or more clauses, sentences, paragraphs, or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the County and Customer that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs, or provisions shall be deemed reformed to be lawful, valid, and enforced to the maximum extent possible. In Witness Whereof, the County and Customer execute this Agreement as below. City By: Title County of Marin By: Titl 4 1 P a g e Print Name: rJim Schutz Date: Print Name: Javier Trujillo Date: 3/25/2021 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Digital Service & Open Government Project Manager: Vinh Pham Extension: 415-485-3028 Contractor Name: Javier Trujillo Contractor's Contact: 415-473-2259 Contact's Email: jtrjillo@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager it n ;"(r— tc k ❑ COPY t•ntol 'i d1 lte f, Project Manager Forward signed original agreements to City b. Email contract (in Word) and attachments to City 3/22/2021 MVP Attorney c/o Laraine.Gittens@citvofsanrafael.org 1 City Attorney a. Review, revise, and comment on draft agreement 2 3/23/2021 and return to Project Manager 3/23/2021 © LG Review and approve insurance in PINS , and bonds b. Confirm insurance requirements, create Job on Z LG 1. Department Director PINS, send PINS insurance notice to contractor 3/23/2021 2) SM 3 Approval of final agreement form to send to Agreement executed by City Council authorized r 1 official Attest signatures, retains original agreement and forwards copies to Project Manaoer 4 ��I _ contractor 4 Project Manager Forward three (3) originals of final agreement to 3/25/2021 SVP contractor for their siqnature 5 Project Manager When necessary, contractor -signed agreement Z N/A agendized for City Council approval * *City Coun& approval required for Professional SVP Services Agreements and purchases of goods and Or services that exceed $75,000; and for Public Works Contracts that exceed $175,000 5/l7/2021 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD PRINT COPY 6 Project Manager Forward signed original agreements to City 5/25/2021 VP Attorney with printed c2py of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) / 9 City Manager / Mayor Agreement executed by City Council authorized r 1 official Attest signatures, retains original agreement and forwards copies to Project Manaoer 4 ��I 10 City Clerk