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