PROPOSAL AND AGREEMENT FOR LAN LOCAL AREA NETWORK AT MUNICIPAL SERVICES BUILDING AND CITY HALL
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BAY
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Unsolicited Proposal of Consulting Services
for
The City of Clearwater
Presented By:
Bay Resources, Inc.
February 2, 1995
Bay Resources Incorporated
5429 Beaumont Center Boulevard, Suite 800 . Tampa, Florid~,3~?34 . 8IYt86-~5",~ . Fax 813-889-0148
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BAY
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Requirements Analysis
Bay Resources will provide an on-site engineer for the city of Clearwater to perform a preliminary
network design, requirements analysis and needs assessment for the Municipal Services building site,
(under construction) and City Hall.
As part of the study, the Bay Resources engineer will work with the city of Clearwater IS staff at
developing requirements for a 250+ user Local Area Network (LAN) to be installed in the Municipal
Services Building and City Hall..
The consulting will address each level of requirements, from the physical channel certification process,
to the network building blocks required to support the applications from within the projected business
environment. Specifications for the LAN will be outlined by the engineer, based upon the following input:
Requirements shall be written in a generic, vendor non-specific manner. Equipment requirements shall
be a function of engineering specifications, and may identify proprietary information if required to fulfill
design criterion.
The design shall incorporate the intra-building connectivity of Municipal Services Building, as well as
connectivity to the Police Bldg., and City Hall. This design shall be separated into two phases.
A separate document shall be provided for each phase
Phase I - Municipal Services Building to Police Station Connectivity
Phase 11- Municipal Services to City Hall
A rough draft document will be provided to the city of Clearwater for review and addendum's to be
incorporated into the final draft. Completion of the initial draft shall be 45 days upon receipt of order.
The final draft will be based upon information provided by the Information Services Staff, data provided
By AEI and John Dabnor, interviews with IS staff and heads of departments, and existing ADP equipment
lists.
Upon acceptance of the final draft document by the IS Department, Bay Resources will jointly present the
solution to City Management.
Bay Resources Incorporated
5429 Beaumont Center Boulevard, Suite 800 . Tampa, Florida 33634 .813-886-6851 . Fax 813-889-0148
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BAY
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LAN Specification Report - Deliverables
A report will be generated by the Bay Resources engineer, providing the following deliverables:
RFP Guidelines to be provided by the city of Clearwater Information Services group. Bay will adhere to
the provided RFP boilerplate style. Request magnetic media 3.5" MS Word 2.0 or Higher.
1. LAN Design and Logical Layout -
A. Logical Representation of Proposed LAN
2. Specific Requirements Document Based upon:
A. Equipment types
D.
Network Mgmt Station and Software Requirements
B. Estimated Traffic Volume
E.
Existing Equipment Configurations
C. External Comm. Devices
F.
Projected Network Size
3. Implementation Plan Requirements
A. Gannt / Pert Chart requirements
B. Labeling Scheme Criteria
C. Testing Certification Requirements
D. Maintenance Plan
Bay Resources Incorporated
5429 Beaumont Center Boulevard, Suite 800 . Tampa, Florida 33634 .813-886-6851 . Fax 813-889-0148
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BAY
Pricing
Docwnent for Municipal Services will include active lInd passive equipment in Municipal Building up to,
but not including any external fiber optic cable.
Document for City Hall Building will include active and passive equipment in the Cil)' Hall BuJlding up
to, but not including any externaJ fiber optic cable
Engineering sef\;ces are to be performed during nonnal work bours between 0800 and 1700.
The total cost for these services i$ 513,600.00. TIus offer is valid for thirty (30) days.
These rates are based on an hornly rate of $85.00JHr quoted to the City of St. Petersburg (Bid # 3563) for
similar senices. Bay Resources. Inc. \\111 Piggyback the Clearwater City consulting services with the City
of St. pctersbwg services quote ($85,OOlHour).
Information and design document pro,.;dcd by Bay Resources will be considered accurate data upon date
of document publication. Any discrepancies discovered after document signoff will be reviewed by Bay
Resources, and if it is determined that an engineering error has been made, an addende.d document shall
be provided to the city of Clearwater IS department at no additional cost to the city. TIris does not include
style preferences, or changes in scope (rom the original design.
Bay Resources will design the LAN to allow Cor gco"th to an enterprise Wide Area Network (WAN)
capable of trallsnti tting in excess of IOOMbps of fiber optic segments.
The network shall be designed to meet or exceed the high speed requirements of the users of today, and
tomorrow If properly constructed.. the designed LAN will be capable of full Ethernet. Switching
Ethernet and FDDI speeds over the locally connected system. Any non-fiber optic remote connections
~ill be limited to the speed of Ole leased ttleo Iioes.
Acceprance of tbis quote, and issuance of purchase order by tile city of Clearwater ""Hlnot preclude Bay
Resources in any way from bidding on anything that results from the delivered consuJting.
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TIllS AGREEMENT is entered into as of this ~ day of February , 1995
(called the "Effective Date"), between BAY RESOURCES, INCORPORATED ("Bay"), and
the CITY OF CLEARWATER ("The City").
The parties agree as follows:
1. Services. Bay agrees to provide the Services to the City subject to the tenus and conditiolll
of this Agreement. The term "Services" includes all of the services, obligations, duties,
requirements and responsibilities of Bay as are set forth in statement of work submitted to
the City as a part of Bay's Proposal to the City.
2. Dt'Signuted Liaison Personnel. . In order to maintain consistency and account familiarity,
Bay will assign a designated lead systems engineer as the primary liaison between the City
& Bay's technical staff. However, Bay's other technical resources and the most appropriate
engineering personnel will be made available to the City on an as needed basis. The City
will also designate one employee as a primary contact between Bay's technical staff and the
City Organization.
3. Payment Terms. Amounts due and payable to Bay for more Ulan thirty (30) days shall
be.ar interest at the rate of one and one-half per cent (1 1/2%) per month assessed against
the unpaid balance from the due date of the amount until the date of payment. Failure to
pay any amount due under this Agreement within thirty (30) days of its due date is a
materia] breach of this Agreement. Bay's continuing obligation to provide the Services
under this Agreement is expressly conditioned upon prompt payment amounts due. If the
City fails to make timely payment for invoiced Se.vices, Day is entilled to reasonable
altomeys' fees and costs to enforce its rights under this Agreement, including but not
limited to those incurred relative to: collection of amounts owed to Bay; or any civil action,
counterclaim, mediation, post judgment collection, bankruptcy or appeal proceedings
between the patties arising out of this Agreement
4. Disputes aud Complaints. All complaints or grievances on the part of the City shall be
first submitted in writing to Bay within ten (10) Business Days of discovery. Bay will use
its best efforts to take prompt remedial action. Bay shall investigate the validity of the
complaint and present the findings in writing to the City within ten (10) Business Days of
receipt of the City's notice. If the City is dissatisfied with the Bay's remedie!ll, may then
appeal to the chief executive officer of Bay, who shall render a written decision within ten
(10) Business Days of the City's written notice of dissatisfaction with the fIndings. This
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policy does not preclude consideration of legal questions in connection with any decisions
make by either party. The existence of disputes or complaints does not excuse the City
from its obligation to pay for invoiced Services not in material dispute.
5. Engineering Change Requests ("ECR'S). The City may request changes to the scope of
the Services by written request to Bay specifying the desired changes. All changes to
agreed upon work must be made in writing to Bay. The change will be discussed and
repercussions on the schedule will be noted in writing. Once accepted, the change will
become part of the original document. All ECR's must include the description of work and
the signature of requester. Bay will submit to the City time and cost estimates for such
changes. Bay will also estimate any anticipated delays in implementing any existing agreed
to Services resulting from the changes, If accepted in writing by the City, Bay shall
perform such changes subject to the time and cost estimates and any implementation
schedule changes. Negotiations with respect to changes, or the failure to timely agree, shall
not effect upon the City's obligation to timely pay for services Bay renders to the City
pursuant to this Agreement.
6. Limited Warranty. Bay hereby warrants to the City as follows:
(a) Services. The Services Bay renders to the City under the provisions of this Agreement
will be done in a workmanlike manner and according to the current description
Services contained in the Agreement.
(b) Items for Which Bay is Not Liable.
(1) Under no circumstances is Bay liable for loss of, or damage to, the City records
or data.
(2) Bay is not responsible for hardware, systems or network software or applications
software that does not perform in accordance with the manufacturer's or
developer's specifications. Bay's only obligation is to use its expertise to the best
of its ability to assist the City in solving such problems.
(3) BA Y SHALL HA VE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS
UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY OR
INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE
POSSffiILITY OF SUCH DAMAGES. Except personal injury, Bay's liability
is limited to the actual damages incurred by the City caused solely by the acts or
omissions of Bay, subject to a maximum liability in the amount the City is
obligated to pay to Bay under this Agreement. NO LIMIT A nON AS TO
DAMAGES FOR PERSONAL INJURY IS INTENDED.
(c) THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE. NO OTHER
WARRANTY, WHETHER WRIITEN OR ORAL, IS EXPRESSED OR IMPLIED.
BA Y SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE
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REMEDIES PROVIDED HEREIN ARE THE CITY'S SOLE AND EXCLUSIVE
REMEDIES.
7. Non-Solicitation of Personnel. The City agrees that during the existence of this
Agreement, and for one year thereafter, the City shall not hire, or engage Bay's employees
or independent contractors.
8. Notice. Any notice under this agreement shall be mailed by certified mail to the recipient
at its current address. Notification addresses may be changed by notice.
9. Waiver. No waiver shall be deemed to have been made by any of the parties unless
expressed in writing and signed by the waiving Party.
10. Force Majeure. Bay is not liable for any failure or delay in furnishing Services resulting
from circumstances beyond Bay's control including but not limited to fire, explosion, flood,
storm, hurricane, governmental acts, orders or regulations, hostilities, civil disturbance,
strike, labor difficulties, transportation delays of carriers or product unavailability due to
excessive demand upon manufacturers, developers or suppliers.
11. Law. All disputes and claims under this Agreement are governed by the internal laws (as
opposed to conflicts of law provisions), and decisions, of the State of Florida. The parties
expressly waive any right to a trial by jury so that trial shall only be by the court.
12. Entire Agreement.
THIS AGREEMENT STATES BAY'S ENTIRE OBLIGATION IN CONNECTION
WITH THE SUBJECT MAITER OF THIS AGREEMENT. NO TERM OR
PROVISION OF THIS AGREEMENT MAYBE AMENDED, ALTERED, WAIVED,
DISCHARGED OR TERMINATED, EXCEPT BY WRIITEN INSTRUMENT
SIGNED BY THE PARTIES. In the event that the City issues a purchase order or
other document containing any provision contrary to a provision of this Agreement, it
is specifically agreed that same is for internal purposes and no term or condition stated
in such document shall have any force or effect.
BAY RESOURCES, INCORPORATED
THE CITY OF CLEARWATER
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By:
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(Title) y
By:
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(Title
(Date)
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, 1995.
,1995.
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BAY
Cit)' of Clearwater
ADP Division
PO Box 4748
Clearwater, FL 34618
Attn.: George Denty
8 FebruaJ)'. 1995
George.
This letter is to notify you of Bay resources intent to piggyback the hourly rate pricing schedule on the
existing City of 51. Petersburg order we are currently delivering under (Bid 1# 3563)
The current hourly rate we are using for the City of St. Petersburg is .$85.00IHoUI for consulting and
maintenance type services. Bay resources will honor these pri~s. as reflected in the attached consulting
quote,
Sincerely
~~;?t0~
William F. Pascuzzi
Bay ResourctS loc.
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Bay I<~S(>\Irr.c~s Im;uq)orated
Sl~~ /i"i1l1mllnl Ct=nlu Rr,ulc:vlInl, Suile 8nO. Tanlll;j. Florirla :n6:!4 .l:\13-88n.fiR~" · Fax flU-8R9-0l48