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HomeMy Public PortalAboutAgreement - 2024TOWN OF GULF STREAM AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES THIS AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES ("Agreement") is entered into and effective this 1 Z day of April, 2024 (the "Effective Date"), by and between the TOWN OF GULF STREAM, a Florida municipal corporation with offices located at 100 Sea Road, Gulf Stream, Florida 33483, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Town"; and NODEO IT LLC, a Florida Corporation with offices located at 12765 W. Forrest Hill Blvd. Suite 1310, Wellington, FL 33414, hereinafter the "Contractor" and collectively with the Town, the "Parties". WITNESSETH The Town and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: I. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide information technology services as described in the NodeO IT Professionals Proposal, ("Proposal") which is hereby fully incorporated into this Agreement and attached hereto as Exhibit "A." Services shall be pursuant to all applicable statutory, licensing and Town code requirements. If there is any conflict between this Agreement and the Proposal, the terms of this Agreement shall prevail. 2. COMPENSATION: In consideration for the above Scope of Services, the Town shall pay the Contractor one thousand, two hundred seventy-five dollars ($1,275.00) plus an hourly rate for any on -site hours in excess of six per month pursuant to the prices provided in the Proposal. 3. TERM; TERMINATION; NOTICE: This Agreement shall be for a term of two (2) years commencing on the Effective Date and may be renewed for additional two (2) year terms upon the agreement of both Parties. This Agreement may be terminated by either party upon sixty (60) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Page 1 of 7 Town Contractor Town of Gulf Stream NODEO IT LLC 100 Sea Road 12765 W. Forrest Hill Blvd. Suite 1310, Gulf Stream, FL 33483 Wellington, FL 33414 Attn: Town Manager Attn: Mark Rutledge 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Town and shall name the Town as an "additional insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Town, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Town to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Town. Both the Town and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, Page 2 of 7 or investigations. All parties doing business with the Town shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Town, as well as contractors and lobbyists of the Town in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 9. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. The Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Town shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Town shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Town as a result of the termination. 10. SCRUTINIZED COMPANIES: For Contracts under S 1 M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Town may terminate this Agreement at the Town's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has Page 3 of 7 been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. 11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 12. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 14. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Town. 15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in Scope of Services. Upon request from the Town's custodian of public records, the Contractor must provide the Town with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Town, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Town. Finally, upon completion Page 4 of 7 of the Agreement, the Contractor shall transfer, at no cost to the Town, all public records in possession of the Contractor, or keep and maintain public records required by the Town. If the Contractor transfers all public records to the Town upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Town, upon request from the Town's custodian of public records, in a forinat that is compatible with the Town's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE TOWN CLERK, RECORDS CUSTODIAN FOR THE TOWN, AT (561) 276-5116, OR AT rbasel@gulf-stream.org, OR AT 100 SEA ROAD, GULF STREAM, FLORIDA 33483. 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 17. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 18. WAIVER: No waiver by the Town of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Town's consent to or approval of any act requiring the Town's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Town's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. Page 5 of 7 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. [remainder of page intentionally left blank] Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: NODEO IT LLC By: Mark Rutledge Its: Owner (Corporate Seal) TOWN OF GULF STREAM ATTEST: / : Scott W. r4organ, Mayor / eiza r ' ee Basel, MMC Town Clerk 4 (Seal) Page 7 of 7 EXHIBIT "A" NODEO IT PROFESSIONALS PROPOSAL Page 8 of 8 NodeO IT Professionals 12765 W Forest Hill Blvd. Ste 1310 Phone: (561)508-6763 Wellington, FL 33414 Executive Summary Company and Management NodeO IT Professionals is an IT services company that is registered and operates in the State of Florida (FEIN: 47-2447370) / Palm Beach County with more than 35 years of combined technical experience in the IT industry. NodeO IT Professionals is owned by Mark Rutledge and has been in business since 2009 and was formerly known as TCMR Tech and as the company expanded it services the name was changed to reflect our growth. Mark Rutledge has extensive experience within the IT world starting with learning programming at the age of 4 and expanding his expertise into multiple IT disciplines over the next 35 years up to and including the present. Along the way the company has gathered an amazing team of experts that add to the overall wealth of knowledge and problem -solving skills that has positioned NodeO IT Professionals to be a household name within the realm of government technology solutions providers. Mission NodeO IT Professionals realized very quickly in the early days of providing information technology services to government entities that many of the solutions providers were there just to turn a quick buck without really providing the necessary infrastructure and cybersecurity solutions promised. NodeO sought to change that. Mark Rutledge, applying his vast knowledge of programming, networking, and cybersecurity developed many proprietary solutions that are now the backbone of NodeO. With these tools and hard-working team of experts in place, NodeO IT Professionals core goal is to provide no nonsense effective professional information technology services to local government entities at a fair and fitting price without pushing useless hardware/software sales and subscriptions that end up not contributing to the safety and security of the IT infrastructure. Services NodeO IT Professionals provides vast array of solutions but here are the core services provided. • Fully Managed Cybersecurity Solutions — Network Security, Dark Web Scanning, Intrusion Detection, 24/7 On -Call Support • Managed Infrastructure Services — Cloud management, Data Analytics, Consulting, Patch Management • Penetration Testing — Planning, Reconnaissance, Mapping, Discovery, Exploitation, Detailed Reporting • Data Center & Repair Center — Hardened Data Center for secure storage, Physical repair center for local repairs. • Networking — Plan, Design, and Deploy entire network infrastructure from wired to wireless NODE ZERO www.node0it.com I T P R 0 E E S S 1 0 R A L S Email: info@node0it.com NodeO IT Professionals 12765 W Forest Hill Blvd. Ste 1310 Phone: (561)508-6763 Wellington, FL 33414 Qualifications 1. NodeO IT Professionals has a technologically advanced service center located in Wellington FL. This facility houses our Diagnostic & Repair Center as well as our vast array of servers with over 500 terabytes of backup storage. Our partnerships with Microsoft, Amazon AWS, and Veeam allow us to maintain backups, host applications, and provide cloud -based services for our clients to maintain maximum uptime and recoverability. 2. NodeO IT Professionals provides a remote managed service platform which provides the following features: submission of service tickets, 24/7 monitoring of critical hardware and processes, automated tasks such as disk cleanup virus update and system updates, instant remote access for technicians to service the workstations or servers. 3. NodeO IT Professionals will respond to service tickets or calls within an hour or less, urgent tickets or calls will be answered and addressed within 15 min. If the issue cannot be rectified remotely a technician will be sent on site within 24 hours for non -emergency and 1 hour for emergency situations. (Based upon current traffic conditions). 4. NodeO IT Professionals has worked extensively with FDLE and other law enforcement programs that require CAS Clearance. All NodeO IT technicians have CAS Level 4 Clearance and the Owner Mark Rutledge carries Full FCIC/NCIC and CAS Level 4. We have successfully completed over 50 FDLE AGENCY CJIS Technical audits without any non-compliance issues. 5. NodeO IT Professionals provides IT services similar to your infrastructure to the following clients: the Town of Highland Beach, Highland Beach Police Dept, Town of Loxahatchee Groves, Town of Juno Beach, Juno Beach Police Dept, Town of Manalapan, Manalapan Police Department, Palm Beach County Law Enforcement Exchange. 6. NodeO IT Professionals has a web / application development team which has vast experience in custom applications and websites that have been built for both professional and municipal clients. 7. NodeO IT Professionals understands the need for redundant backups, not only do we create backups local at the client level, but we also replicate those backups at our secure storage and further replicate them to our AWS cold storage for maximum data retention and integrity. Additionally, our extensive partnerships allow for safe and secure offsite storage in case of natural disasters or emergency recovery. NODE j/1 ZERO www.node0it.com I r P N 0 E E S S 1 0 N A L S Email: info@node0it.com NodeO IT Professionals 12765 W Forest Hill Blvd. Ste 1310 Phone: (561)508-6763 Wellington, FL 33414 Qualifications — Cont. 8. NodeO IT Professionals has worked extensively with software and hardware critical to the functions of municipal and public safety. Some examples are CAD systems for dispatch, RMS systems like OSSI, Beacon, USA Software and TRACS as well as many others for police departments. Document management systems such as Laserfiche, and API integrations into Laserfiche like JustFOIA. NodeO has supported and maintained several SCADA Systems which control and support water plants. Some of our clients for example, like Palm Beach County LEX are completely comprised of virtual machine host and remote storage, most of the data that is transferred over LEX is piped through cisco routers/firewalls which we have configured to traverse through CJNET which require CJIS. Multiple municipalities phone systems are VolP, NodeO Technicians configure, deploy and troubleshoot these systems. Mark Rutledge serves as the Alt FAC and LASO for the Highland Beach Police Department. His duties include but are not limited to making sure the department is running in order with CJIS policy and to add new officers to the system and maintain the officers CJIS certifications, access to DAVID, FLCJN and other Police Dept resources. Again, this is just a basic summary of the vast services provided to municipal clients. 9. NodeO IT Professionals carries General Liability Insurance. We also have our own sales tax- exempt certificate that will be used when making purchases of hardware/software on behalf of the town. A copy of our insurance is included along with the proposal. NODEOPOS ZERO www.node0it.com 1, P N 0 f E S 5 1 0 N A l S Email: info@node0it.com N o d e0 IT Professionals 12765 W Forest Hill Blvd. Ste 1310 Phone: (561)508-6763 Wellington, FL 33414 Client References Highland Beach Police Department Craig Hartmann, Chief 561-266-5800 Service provided: Fully support and provide all IT services. Town of Highland Beach Terisha Quebas, Assistant Town Manager 561-278-4548 Service provided: Fully support and provide all IT services. Juno Beach Police Department Brian Smith, Chief 561-656-0334 Service provided: Fully support and provide all IT services. Town of Juno Beach David Dyess. Town Manager 561-626-1122 Service provided: Fully support and provide all IT services. Manalapan Police Department Carmen Mattox, Chief 561-585-4030 Service provided: Fully support and provide all IT services. Town of Manalapan Eric Marmer, Town Manager 561-585-9477 Service provided: Fully support and provide all IT services. Town of Loxahatchee Groves Laura Buzzetta, Office Coordinator 561-793-2418 Service provided: Fully support and provide all IT services. Town of Hillsboro Beach Mac Serda, Town Manager 305-525-5505 Service provided: Fully support and provide all IT services. Hillsboro Beach Police Department Jay Szesnat, Chief 954-242-1778 Service provided: Fully support and provide all IT services. NODE ZERO www.node0it.com I r P A O F E S S 1 0 N A L S Email: info@node0it.com N o d e0 IT Professionals 12765 W Forest Hill Blvd. Ste 1310 Phone: (561)508-6763 Wellington, FL 33414 Plans and Pricing Proposed Monthly Plan It is my pleasure to present Town of Gulfstream with the Managed Service Program (MSP) slimmed down. The program will include 24/7 telephone support. It also comes with an option for a once or twice a month visit for 6 hours a piece, coming to a total of either 6 or 12. The On -site hours can be negotiated for what days they fall on once the contract is agreed upon by both parties. The slimmed down MSP will only include FIPS-140-2 compliant endpoint remote management software. Onsite hours are billed at a minimum of 1 hour after which remote services are billed by quarter hour increments. Our experience shows that virtually all problems are solved within that first hour. All software and hardware subscriptions will be billed separately. Option 1 Onsite services are billed at a minimum of 1 hour (MSP Hourly rate of $100.00 (Regular Business Hours 8:30 AM — 6 PM after hours will be billed at an hourly rate of $150.) TOTAL PROPOSAL: TO PROVIDE INFORMATION TECHNOLOGY CONSULTING AND LIMITED ENDPOINT MONITORING SERVICES FOR THE TOWN OF GULFSTREAM HOURLY AND PROVIDE 24/7 PHONE SUPPORT MSP Pricing (Billed Monthly) Description Unit Price Quantity Total Managed Services - Monthly Rate Managed Services - Servers/Workstations/Laptops $675.00 1 $675.00 On -site Hours $100.00 6 $600.00 Total Managed Services(Monthly) $1,275.00 NODE ZERO www.node0it.com I r P R 9 f E S S 1 0 N A l S Email: info@node0it.com NodeO IT Professionals 12765 W Forest Hill Blvd. Ste 1310 Phone: (561)508-6763 Wellington, FL 33414 Terms of Agreement: This Agreement between the Town of Gulfstream and NodeO IT Professionals is effective upon the date signed and shall remain in effect unless either party gives 30 days prior written notice of intent not to continue this agreement. ACCEPTANCE OF PROPOSAL and AUTHORIZATION TO ORDER EQUPMENT OR SERVICES The acceptance of the proposal is made this 12 44Adayof_AiXfL 2024, by and between NodeO IT Professionals and The Town of Gulfstream. The signatures below are to be taken as authorization to place orders for the relevant hardware, software, and/or/ services as per the proposal as quoted, and payment terms required. MSP will be billed monthly on the 15t of each month for the managed service pertaining to that month. Other charges incurred will be billed at the time of service or purchase of hardware and or software. Service Selected 0, / p- ACCEPTED: NodeO IT Professional Signature: Name: Mark Rutledge Title: owner Date: 4/12/2024 Town of Gotf1f"rea Signature: /G` r Name: 1-3i4/f✓ Title: TAN L.F-` Date: —T Address: I oo '��ZA �'4 '/ C�I�L� yj,2�4Nt � 3�4�3 Thank you for considering NodeO IT Professionals. We appreciate your business NODE ZERO www.node0it.com I, P A 0 F F S S 1 0 N A l S Email: info@node0it.com