R-10-01-14-8A1 - 1/14/2010RESOLUTION NO. R -10-01-14-8A1
WHEREAS, the City of Round Rock desires to retain website
hosting services and related goods and services, and
WHEREAS, Redglue, Inc. has submitted an Agreement for Purchase
of Website Hosting Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Redglue, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Purchase of Website Hosting
Services From Redglue, Inc., a copy of said Agreement being attached
hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of January, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00179660.DOC/rmc
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF WEBSITE HOSTING SERVICES
FROM REDGLUE, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
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KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of website hosting services, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the day
of the month of , 20_, by and between the CITY OF ROUND ROCK,
TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round
Rock, Texas 78664, referred to herein as the "City," and REDGLUE, INC., whose offices are
located at 7212 McNeil Drive, Suite 203, Austin, Texas 78729, referred to herein as the
"Vendor" or "Redglue." This Agreement supersedes and replaces any previous agreements
between the named parties, whether oral or written, and whether or not established by custom
and practice.
RECITALS:
WHEREAS, City desires to purchase website hosting services, and to purchase
associated goods and services, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Request for Proposals" for the provision of said goods
and services, and City has selected the proposal submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Request for Proposals designated RFP 09-031,
Specification Number 09-915-51 dated August 2009; (b) Vendor's Response to RFP; (c)
contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies
or conflicts in the contract documents shall be resolved by giving preference in the following
order:
0112.0904
00177816/jkg
(1) This Agreement;
(2) "Addendum 1.0 to RFP 09-031 Web Hosting" attached to Vendor's
Response to RFP;
(3) Vendor's Response to RFP; and
(4) City's Request for Proposals, and such RFP's exhibits and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Redglue, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for five (5) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for one
(1) term of twelve (12) months, with such renewal to occur on or before the expiration date of
the preceding term, and with such renewal being absolutely predicated upon the express written
agreement of both parties. Such renewal is permitted only provided Vendor has performed each
and every contractual obligation specified in this original Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 PRICING
A. Prices shall be firm for the duration of this Agreement and for any renewal
periods, but only in the event City does not elect to upgrade the equipment referenced in this
Agreement during the initial term and any renewal terms of this Agreement. If City does so elect
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to upgrade the equipment referenced in this Agreement during the initial term and any renewal
terms of this Agreement, then and in that event Vendor may increase the monthly fees shown on
"Addendum 1.0 to RFP 09-031 Web Hosting," dated 10/16/09, in amounts reflecting the actual
management and hardware replacement costs to Vendor, but such monthly fee increases not to
exceed a 3.5% increase. Vendor may offer price decreases at any time during the initial term or
any renewal terms of this Agreement.
B. The parties expressly agree that the following paragraphs in any of Vendor's
response documents, including addenda, shall be struck and shall be without force and effect:
"Redglue reserves the right to raise rates based upon the increase in costs associated with
providing the service. At no time will Redglue increase the rate of service by more than
1% in any given 2 year period. Redglue will notify the City by writing 60 days prior to
any rate increase. The City reserves the right to reject the increase prior to the end of the
60 day period."
"Redglue reserves the right to raise rates based upon the increase in costs associated with
providing the service. At no time will Redglue increase the rate of service by more than
1.5% in any given 2 year period. Redglue will notify the City by writing 60 days prior to
any rate increase. The City reserves the right to reject the increase prior to the end of the
60 day period."
C. The parties expressly agree that "Addendum 1.0 to RFP 09-031 Web Hosting,"
dated 10/16/09, completely replaces "Cost Details," Page 10 of Redglue's original Response to
RFP attached hereto as a portion of Exhibit "A."
D. The parties expressly agree that City shall have the sole and unfettered right to
exercise the option with Vendor to replace City's existing servers at any time during the term of
this Agreement. In the event that City opts to replace City's existing servers with equipment
matched in similarity to the equipment specifications existing at the time of execution of this
Agreement or matched in similarity to the equipment specifications delineated under "Scope of
Managed Services" on Pages 7 and 8 of Redglue's original Response to RFP attached hereto as a
portion of Exhibit "A," the following proposed prices shall apply:
Hardware Equipment (one-time fee and setup)
Server 1
Server 2
Server 3
Server 4
$3,640.00
$2,860.00
$1,180.00
$2,060.00
However, in the event that City opts to replace City's existing servers with
equipment that exceeds the equipment specifications existing at the time of execution of this
Agreement or that exceeds the equipment specifications delineated under "Scope of Managed
Services" on Pages 7 and 8 of Redglue's original Response to RFP attached hereto as a portion
of Exhibit "A," Vendor may price such upgraded equipment to City at actual cost at the time.
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Further, the parties expressly agree that City shall have the sole and unfettered
right to exercise the option with Vendor to add an additional server at any time during the term
of this Agreement. In the event that City opts to add an additional server matched in similarity to
the equipment specifications existing at the time of execution of this Agreement or matched in
similarity to the equipment specifications delineated under "Scope of Managed Services" on
Pages 7 and 8 of Redglue's original Response to RFP attached hereto as a portion of Exhibit
"A," the following proposed price shall apply:
Optional Server 5 (Dedicated Database) $3,920.00
However, in the event that City opts to add an additional server that exceeds the
equipment specifications existing at the time of execution of this Agreement or that exceeds the
equipment specifications delineated under "Scope of Managed Services" on Pages 7 and 8 of
Redglue's original Response to RFP attached hereto as a portion of Exhibit "A," Vendor may
price such upgraded equipment to City at actual cost at the time,
4.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the services and/or goods as
outlined in RFP 09-031, Specification Number 09-915-51 dated August 2009, and Response to
RFP submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof
for all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the RFP and as offered by Vendor in its Response to
the RFP.
The services and/or goods which are the subject matter of this Agreement are described
in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are
fully a part of this Agreement as if repeated herein in full.
5.01 ITEMS AWARDED
All items on Exhibit "A" are awarded to Vendor.
6.01 COSTS
Costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
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8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
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D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the services and/or goods as specified, City reserves the right
and option to obtain the products from another supplier or suppliers.
14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached RFP 09-031 (including all
attachments and exhibits), and its response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Arnold Wells
Web Administrator
IT Department
221 East Main Street
Round Rock, Texas 78664
512-218-7075
awells@round-rock.tx.us
16.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
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reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
17.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified services and/or goods elsewhere, Vendor agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be considered in future bids for the same type of work unless the scope of
work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
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19.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
To the extent allowable by law, City shall defend (at the option of Vendor), indemnify,
and hold Vendor, its successors, assigns, officers, and employees harmless from and against all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and
any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault
of City, or City's agents, employees or subcontractors, in the performance of City's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of Vendor or City (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Redglue, Inc.
7212 McNeil Drive, Suite 203
Austin, TX 78729
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Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
24.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
25.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without lirnitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision hereof void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
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27.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Forni:
By:
Stephan L. Sheets, City Attorney
Redglue, Inc.
By:
Printed Dame: 7'1}0.) 1'-1/4_6 4
Title: PL -akv a -If
Date Signed: 12-/ d } /Z" o
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EXHIBIT "A"
City of Round Rock Request for Proposals No. RFP 09-031
City of Round Rock Specification No. 09-915-51 dated August 2009
Redglue's Response to RFP 09-031
Redglue's Addendum 1.0 to RFP 09-031 Web Hosting
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
City of Round Rock
Request for Proposals
Website Hosting
PART!
GENERAL
1. PURPOSE:
The City of Round Rock, Texas seeks proposals from qualified Respondents to provide Internet Web Hosting as a
communications tool with services such as email, web pages, uploads and downloads via always -on computing
networks. The City herewith requests proposals for these services from interested companies (Vendors) as
described in the attached specifications. The Vendor must submit a RFP for all areas and show an integrated
approach with respect to services and support. The City requires that any proposal describe the process to
seamlessly transfer all existing data.
2. BACKGROUND:
The City has a diverse and growing population that needs to be served by a robust communication capability. The
web hosting service will provide the platform for reliable and easy to use, attractive and flexible interface allowing
City personnel to post information on any and all websites while extracting information from websites for use
within private networks while protecting and exchanging private and sensitive information. Current server
capabilities include applications, public websites and podcasting, SharePoint and FTP. Additionally, the migration
of existing systems will need to be included.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal
document:
3.1 Addendum — A written document issued by the City that modifies or clarifies the solicitation prior to the
due date.
3.2 Agreement — (sometimes referred to as a Contract) A mutually binding legal document obligating the
Vendor to furnish the goods, equipment or services and obligating the City to pay for it. The Contract
includes, without limitation, the Solicitation, the Offer submitted in response to the Solicitation, the
Contract award, the Standard Purchase Terms and Conditions, Supplemental Terms and Conditions if
any, Specifications, and any addenda and amendments thereto. Any inconsistency or conflict in the
Contract documents shall be resolved by giving precedence in the following order:
3.2.1 any exceptions to the Offer accepted in writing,
3.2.2 the Supplemental Purchase Terms and conditions,
3.2.3 the Standard Purchase Terms and Conditions,
3.2.4 the Offer, exhibits, and attachments; within the Offer, drawings (figured dimensions shall govern
over scaled dimensions) will take precedence over specifications or scope of work.
3.3 Authorized City Representative — A person designated to act for the City.
3.4 City— Identifies the City of Round Rock, Travis and Williamson County, Texas.
3.5 Deliverables - The goods, products, materials, and/or services to be provided to the City by Respondent if
awarded the agreement.
3.6 Delivery Date — The date goods are to be delivered at the designated City destination point and/or the start
date of installation services.
3.7 Effective Date — The date an Agreement is signed by both parties following award.
3.8 Goods - Represent materials, supplies, commodities and equipment.
3.9 Improvement— Describes any work or modification to City property that adds to the overall value of the
property.
3.10 Late Offer - A Bid, Proposal, Quote, Response, or Submittal that is received after the Due Date and time
specified in the Solicitation.
3.11 Offer — (Sometimes referred to as a Response) A complete, properly signed response to a Solicitation that
if accepted, would bind the Respondent to perform the resulting contract.
3.12 Piggvback Contract - A term used to identify contract/agreement or purchase order that has been
competitively bid in accordance with State of Texas statutes, rules, policies and procedures and has been
extended for the use of state and local agencies and active State of Texas CO-OP entities.
Page 1 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
3.13 Pre-Bid / Proposal / Quote / Response / Submittal Conference - A conference conducted by the Contract
Awarding Authority, held in order to allow Offerors and Vendors to ask questions about the proposed
Contract and particularly the Contract specifications.
3.14 Professional Services - Services that use skills that are predominantly mental or intellectual, rather than
physical or manual such as accounting, architecture, land surveying, law, medicine, optometry,
professional engineering, etc.
3.15 Proposal - Complete, properly signed response to a Solicitation that if accepted, would bind the
Respondent to perform the resulting contract.
3.16 Proposer/Respondent - Identifies individuals and/or persons representing entities that submit a proposal
and consider themselves qualified to provide the goods, equipment or services. .
3.17 Purchase Order - An order placed by the Purchasing Office for the purchase of Goods or Services written
on the City's standard Purchase Order form and which, when accepted by the Respondent, becomes a
contract. The Purchase Order is the Respondent's authority to deliver and invoice the City for Goods or
Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price.
3.18 Request for Proposal (RFP) - A solicitation used to acquire goods and/or services when a clearly defined
scope of work or specification is not available.
3.19 Services - Work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and
their ability to comply with promised delivery dates, specification and technical assistance specified.
3.20 Solicitation - As applicable, includes Invitation for Bid, Request for Proposal, Request for Qualification
Statements, Request for Quotation, Request for Quotation — Sale, Request for Information, Request for
Interest, or such other request as defined by the City.
3.21 Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if
such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a contract with the City.
3.22 Vendor (Sometimes referred to as Contractor) - A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or
purchase order.
4. CONFLICT OF INTEREST:
4.1 Effective March 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that
any vendor or person considering doing business with a local government entity disclose the vendor or
person's affiliation or business relationship that might cause a conflict of interest with a local government
entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by
hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
4.2 Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically
result in the disqualification of the Respondent's proposal.
5. CITY CONTACT:
5.1 All responses to this Request for Proposals (RFP), questions, clarifications or requests for general
information are to be directed to:
Charles Green - Purchaser
221 E Main St
Round Rock, TX 78664
Fax (512) 218-7028; Telephone (512) 218-6682
cgreenc round-rock.tx.us
5.2 The individual above may be contacted for clarification of the specifications of this Request for Proposals
only. No authority is Intended or implied that specifications may be amended or alternates accepted prior
to closing date without written approval of the City. Under no circumstances will private meetings be
scheduled between Respondents and City staff.
6. EX PARTE COMMUNICATION:
6.1 Please note that to insure the proper and fair evaluation of a proposal, the City prohibits ex parte
communication (Le., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or
Page 2 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
considering the proposals prior to the time a formal decision has been made. Questions and other
communication from Respondents will be permissible until 5:00 p.m. on the day specified as the deadline
for questions. Any communication between Respondent and the City after the deadline for questions will
be initiated by the appropriate City Official or Employee in order to obtain information or clarification
needed to develop a proper and accurate evaluation of the proposal. Ex parte communication may be
grounds for disqualifying the offending Respondent from consideration of award of the solicitation then in
evaluation, or any future solicitations.
PART II
GENERAL SOLICITATION INFORMATION AND INSTRUCTIONS
1. PROPOSAL SCHEDULE:
1.1 It is the City's intention to comply with the following proposal timeline:
1.1.1 Request for Proposals released
1.1.2 Deadline for questions
1.1.3 City responses to all questions/addendums
1.1.4 Responses for RFP due by 3:00 p.m.
August 26, 2009
September 9, 2009
September 14, 2009
September 30, 2009
1.2 All questions regarding the RFP shall be submitted in writing by 3:00 p.m. by September 9, 2009.
A copy of all the questions submitted and the City's response to the questions should be posted on our
webpage, http:l/www.roundrocktexas.gov/bids . Questions shall be submitted to the City contact named
in Part 1-5.1 above.
NOTE: These dates represent a tentative schedule of events. The City reserves the right to modify these
dates at any time, with appropriate notice to prospective Respondents through notification on our
webpage and email.
1.3 Addendums or Changes: All formal Solicitations and any Addendums, Amendments or Changes to saki
Solicitations are posted on the City's website at htto://www.roundrocktexas.gov/bids . We recommend all
prospective bidders monitor the City's web site for any such updates to Solicitations. Failure to sign and
include all issued addendums will disqualify submitted bids and proposals.
2. PROPOSAL DUE DATE:
2.1 Signed and sealed proposals are due no later than 3:00 p.m., September 30, 2009 to the Purchasing
Office. Mail or deliver sealed proposals to:
City of Round Rock, Texas
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
2.2 Proposals received after this time and date will not be considered.
2.3 Late Proposals will not be considered and Respondents will be notified as such.
2.4 Sealed proposals should be clearly marked on the outside of packaging with the RFP title, number, due
date and 'DO NOT OPEN".
2.5 Facsimile or electronically transmitted proposals are not acceptable.
2.6 Proposals cannot be altered or amended after closing date. Any Alterations made before due date shall be
initialed by Offeror or an authorized agent. No offer can be withdrawn after due date without approval of the
City based on a written acceptable reason.
3. PROPOSAL SUBMISSION REQUIREMENTS: Interested and qualified Respondents shall:
3.1 Sign the proposal document(s) as required in permanent ink.
3.2 Submit one (1) executed (signed) original and four (4) copies of each proposal.
3.3 State the full name and address of your organization, include the name, address, and telephone number
of the person in your organization who has primary responsibility for developing this response and to
whom technical questions may be addressed.
3.4 Include a list of all deliverables covered by your response.
3.5 Include a detailed implementation plan, including training, if any is deemed necessary.
Page 3 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
3.6 Pricing Details: Itemize product and service costs. Prices quoted shall be separated between application
support and hosting. If a trade discount is shown on offer, it should be deducted and net line extensions
shown. Respondent guarantees product offered will meet or exceed specifications identified In this
solicitation.
3.7 Offer unit price on quantity and unit of measure specified, extend and show total. In case of errors in
extension, unit prices shall govern. Offers subject to unlimited price increase will not be considered.
3.8 Price quotations are to include the furnishing of all materials, equipment, maintenance and training
manual, tools, and the provision of all labor and services necessary or proper for the completion of the
services.
3.9 Offer shall be F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the solicitation. If
otherwise, show exact cost to deliver.
3.10 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in offer.
3.11 Offer shall be firm for acceptance at least ninety (90) business days from closing date.
3.12 Detail the level of assistance and involvement of City personnel and any space/facility requirements
necessary to perform the service.
3.13 Clearly list any exceptions to any solicitation terms and specifications.
3.14 Include a representative list of projects of a scale and complexity similar to the project being considered
by the City. The list should include the project location, client, services provided by your firm for the
project, term of services and an owner contact name.
3.15 Include a signed copy of Request for Proposal Addendum, if any.
3.16 On Attachment B, provide the name, address, telephone number and point of contact of at least four (4)
clients who have utilized the same or similar services within the last three (3) years. References may be
checked prior to award. Any negative responses received may result in disqualification from
consideration for award. Failure to include references with submittal may result in disqualification from
consideration for award.
3.17 Identify any subcontractors to be used for this project. Experience, qualifications and references of the
subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
4. DISCLOSURE OF LITIGATION:
4.1 Each Respondent shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Respondent or in which the Respondent has been judged guilty.
5. CONFIDENTIALITY OF CONTENT:
5.1 All proposals submitted in response to this RFP shall be held confidential until a contract Is awarded.
Following the contract award, proposals are subject to release as public information unless the proposal
or specific parts of the proposal can be shown to be exempt from the Texas Public information Act.
Respondents are advised to consult with their legal counsel regarding disclosure issues and take the
appropriate precautions to safeguard trade secrets or any other proprietary information. The City
assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents.
5.2 If a Respondent believes that a proposal or parts of a proposal are confidential, then the Respondent
shall so specify. The Respondent shall stamp or mark in bold red letters the term "CONFIDENTIAL" on
that part of the proposal, which the Respondent believes to be confidential. Vague and general claims as
to confidentiality shall not be accepted. All proposals and parts of proposals that are not marked as
confidential will be automatically considered public information after the contract is awarded.
6. CLARIFICATION OF PROPOSALS:
6.1 The City reserves the right to request clarification or additional information specific to any proposal after
all proposals have been received.
6.2 The City may, at its discretion and at no fee to the City, invite any Vendor to appear for questioning during
response evaluation for the purpose of clarifying statements in the response.
7. PROPOSAL PREPARATION COSTS:
7.1 All costs directly or indirectly related to preparation of a response to an RFP or any oral presentation
required to supplement and/or clarify a Proposal which may be required by the City shall be the sole
responsibility of the Respondent.
Page 4 of 14
PART HI
EVALUATION AND AWARD
1. EVALUATION CRITERIA:
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
1.1 All proposals received shall be evaluated based on the best value for the City. In determining best value,
the City may consider:
1.1.1 Price;
1.1.2 Reputation of the Respondent and of Respondent's goods and services;
1.1.3 The quality of the Respondent's goods or services;
1.1.4 The extent to which the goods or services meet the City's needs;
1.1.5 Respondent's past relationship with the City;
1.1.6 The total long-term benefit to the Municipality to acquire the Respondent's goods or services; and
1.1.7 Any relevant criteria specifically listed in the solicitation.
2. EVALUATION PROCESS:
2.1 A team comprised of City Staff and others as appropriate will review the responses to the RFP.
2.2 At the City's sole discretion, Interviews and/or demonstrations may be conducted with any Respondent to
discuss their qualifications, resources and ability to provide the service specified.
2.2.1 Upon completion of the evaluation, the selection team may recommend a Respondent for award
of the project or service identified.
2.2.2 An agreement with the recommended respondent may then be negotiated. This process will be
completed with the City Council's authorization to the Mayor for the execution of the agreement or
the execution of the agreement by the City Manager.
2.3 The City reserves the right to negotiate with any and all Respondents.
2.4 The City also reserves the right to reject any or all proposals, or to accept any proposal deemed most
advantageous, or to waive any irregularities or informalities in the proposal received and to revise the
process as circumstances require. Split awards may be made at the sole discretion of the City.
2.5 In the case of tie bids & resulting evaluation, the award will be made in accordance with Section 271.901
of the Texas Local Government Code.
3. CONTRACT NEGOTIATIONS: The City reserves the right to use the following procedure to award a contract:
3.1 Review all proposals and determine which Respondents are reasonably qualified for award of the
contract.
3.2 Ask those reasonably qualified to make oral presentations regarding their proposal.
3.3 Determine the Respondent whose proposal is most advantageous to the City considering the evaluation
criteria contained in Part III -1.1 above.
3.4 Attempt to negotiate with the most responsive Respondent a contract at fair and reasonable terms,
conditions and cost.
3.5 If negotiations are successful, enter into a contract or issue a purchase order.
3.6 If not successful, formally end negotiations with that Respondent.
3.7 Select the next most highly qualified Respondent and attempt to negotiate a contract at fair and
reasonable terms, conditions and cost with that Respondent.
3.8 The City shall continue this process until a contract is entered into or all negotiations are terminated.
3.9 If during oral presentations there is a need for any substantial clarification of or changes in the Request
for Proposal, the Request may be amended to incorporate such clarification or change. Any clarifications
or changes shall be communicated to all Proposers submitting proposals. Each Proposer, if they so
choose, may submit their "Best and Final" proposal based on the Request for Proposal as amended. The
procedure to award a contract will be repeated. Proposers are hereby informed that if they do not submit
a notice of withdrawal or another best and final offer, their immediate previous proposal will be considered
as their best and final proposal.
4. AWARD OF CONTRACT: A response to a solicitation is an offer to contract with the City based upon the terms,
conditions, and specifications contained in the solicitation. Offers do not become agreements unless and until they
are accepted by the City through its designees and a purchase order is issued. The agreement shall be governed,
construed, and interpreted under the Charter of the City and the laws of the State of Texas. All agreements are
subject to the approval of the City Council or the City Manager.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
PART IV
SCOPE OF SERVICE
1. SCOPE:
The City is seeking a turnkey solution for Internet Web Hosting that will provide secured and unsecured two-way
communications between City personnel, vendors, customers and residents.
2. RESPONDENT QUALIFICATIONS: The Respondent shall provide information covering its experience and
qualifications which enable it to provide a web hosting solution:
2.1 Have a minimum of five (5) years experience providing web hosting services.
2.2 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or providing the services as specified herein.
2.3 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to
the City.
2.4 A brief history of the Respondent's company including incorporation and ownership and its experience.
2.5 Details of any cancellation of contract for non-performance of the Respondent in the past five (5) years.
3. TECHNICAL EXPERTISE: Proposer shall list specific expertise in the following categories:
3.1 Programming languages
3.2 Scripting languages
3.3 Server operating systems
3.4 Databases
3.5 Web servers
3.6 Application servers
3.7 Multimedia, streaming video and graphics
3.8 Business skills
3.9 Web browers
3.10 Microsoft SharePoint
3.11 Define the City's expected role and/or responsibilities
3.12 Identify regulatory requirement capabilities
4. SUPPORT: Describe all support capabilities including but not limited to:
4.1 Server status information; proactive monitoring.
4.2 Support for applications hosted on the servers.
4.3 Day/time of support availability.
4.4 Describe each method of available support: help desk, toll-free, phone, email, chat.
4.5 Live telephone support hours of operation.
4.6 Critical and non-critical response time guarantee; include copy of your SLA.
4.7 State minimum guaranteed response to service requests (expected within two (2) hours).
4.8 Vendor shall not have more than three (3) major complaints of substandard performance received in the
same month. The City retains the right to determine what constitutes a major complaint
5. SERVICE RESPONSIBILITIES: The Vendor shall perform according to duties and responsibilities contained in
this specification, including, but not limited to the following:
5.1 Web Hosting:
5.1.1 Define, describe and price dedicated hosting.
5.1.2 Secure and non -secure hosting for all City departments and personnel.
5.1.3 Secure and non -secure private and public portals, including FTP capabilities.
5.1.4 eCommerce capabilities.
5.1.5 Dedicated email notification servers; SMTP relay.
5.1.6 Dedicated database servers.
5.1.7 Video, audio, documents, images and text content.
5.1.8 Streaming: Live or "on -demand" download of video or audio files.
5.1.9 Multi-location/multi-server redundancy to maximum up -time.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
5.1.10 Define how up -time is measured, tracked, reported and guaranteed.
5.1.11 Unscheduled and scheduled outage management.
5.1.12 Define system backup plan, security, hardware mirroring and redundancy of servers.
5.1.13 Restoring data from backups.
5.1.14 Disaster recovery.
5.1.15 Firewall and IP filtering.
5.2 Application Support:
5.2.1 Access to development personnel to trouble -shoot hosted applications.
5.2.2 Custom code development, including provisioning of like code.
5.2.3 Third party code development to assist with application creation or programming issues.
5.2.4 Specify the day/time of available access.
5.2.5 Specify the hours included at no charge per month and price per hour exceeding allotted.
5.3 Operational Features:
5.3.1 Describe data center location, including dual site capability.
5.3.2 Describe network fiber.
5.3.3 Describe server room physical characteristics, including:
5.3.3.1 Flooring
5.3.3.2 Access control
5.3.3.3 Smoke detection/fire suppression
5.3.3.4 Video surveillance
5.3.3.5 HVAC, humidity controls
5.3.3.6 Power backup, including generators, UPS
5.3.3.7 Power circuits
5.3.4 Describe routers and switch configurations.
5.3.5 Describe server rack/cabinets.
5.3.6 Describe each server that would be used for City data.
5.3.7 Describe maintenance procedures.
5.4 Be responsible and liable for the safety, injury and health of its working employees while its employees
are performing service work.
5.5 Assign a primary contact person to serve as a contact to both City staff and City residents for the duration
of the agreement and extension periods.
PART V
TERMS AND CONDITIONS
1. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five (5) consecutive twelve-
month periods of time from the effective date and shall remain in full force and effect unless and until it expires by
operation of the term stated or until terminated or extended as provided herein. The City reserves the right to:
1.1. Renew the agreement for one (1) additional period of time not to exceed twelve months provided both
parties agree.
1.2. Review the following at the end of each twelve-month review period or renewal, or at any time during the
term of the Agreement should circumstances warrant:
1.2.1. Vendor performance
1.2.2. Price
1.2.3. Continuing need
1.2.4. Advancements in technologies and or service
1.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
Page 7 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
2. AGREEMENT CONTACT: All work performed under this agreement will be supervised and verified by the City
representative(s) noted below.
Arnold Wells at (512) 218-7075
3. PRICE: The agreement price shall be firm for the duration of the agreement or extension periods except as
provided for in paragraph below. No separate line item charges shall be permitted for either bidding or invoice
purposes, which shall include equipment rental, demurrage, and cost associated with obtaining permits or any
other extraneous charges.
4. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in goods or
services in accordance with the Producers Price Index located at http://stats.bls.gov/opi/home.htm . Any price increase shall
be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The
vendor may offer price decreases in excess of the allowable percentage change.
5. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement which causes
the City to purchase the goods or services elsewhere may be charged the difference in price if any and shall not
be considered in the re-advertisement of the service and may not be considered in future solicitations for the
same type of work unless the scope of work is significantly changed.
6. ASSIGNMENT AND SUBCONTRACTS: Nothing in this Agreement shall be assigned or subcontracted by the
Vendor without the prior written consent of the City.
7. CANCELLATION: The City reserves the right to cancel the Agreement for its sole convenience and without
penalty by providing 30 days prior written notice to the other party. Upon receipt of any such cancellation notice,
Vendor shall immediately stop all work and also cause its suppliers and subcontractors to stop work. Vendor shall
provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for
a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not
relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: An Agreement is
subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with
contractual obligations.
8. CODES, PERMITS AND LICENSES: The Vendor shall comply with all National, State and Local standards,
codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as
other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of
the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of
these authorities. The Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses
to fulfill contractual obligations (City of Round Rock fees and costs will be waived).
9. CHANGES: The City shall have the right at any time to make changes within the scope of the Agreement. If any
such changes cause an increase or decrease in the cost or the time required for performance, an equitable
adjustment shall be made by mutual consent and the Agreement modified in writing accordingly.
10. COMPLIANCE WITH LAWS: The Vendor shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in
any matter affecting the performance of the resulting agreement, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and
regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance.
11. DEVIATIONS FROM SPECIFICATIONS: All deviations from the specifications must be noted in writing, in detail
by the proposer at the time of submittal of the proposal. The absence of a written list of specification deviations
will hold the proposer strictly accountable to the specifications as written. Any deviations from the specifications
as written not previously submitted, as required, will be grounds for rejection of the materials/goods/services
and/or equipment when delivered.
12. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance with the Laws of
the State of Texas.
13. GRATUITIES AND BRIBES: The City, by written notice to Vendor, cancel any Agreement without liability to
Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Vendor or its representatives to any City officer, employee or elected representative with
respect to the performance of this Agreement.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
14. INDEMNIFICATION: The Vendor shall indemnify, save harmless and exempt the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, attorney fees and any and all other costs or fees incident to any work done as a result
of this quote and arising out of a willful or negligent act or omission of the successful Respondent, its officers,
agents, servants, and employees; provided, however, that the successful Respondent shall not be liable for any
suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees arising out of a
willful or negligent act or omission of the City, It's officers, agents, servants and employees, or third parties.
15. INSURANCE: The Vendor shall meet or exceed ALL insurance requirements set forth by the City as identified in
Attachment A to the specifications. Any additional insurance requirements of participating or cooperative parties
will be included as subsequent Attachments and shall require mandatory compliance.
16. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the opportunity to
purchase off of the City of Round Rock's solicitation, with the consent and agreement of the successful vendor(s) and
the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this
clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree
that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and
that the City of Round Rock Is not obligated or liable for any action or debts that may arise out of such independently-
negotiated "piggyback" procurements.
17. LIENS: The Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the
City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
18. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It Is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if
the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities,
as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving
Vendor a written notice of termination at the end of its then current fiscal year.
19. OMMISSIONS: Omissions in the proposal of any provision herein described shall not be construed as to relieve
the Vendor of any responsibility or obligation to the complete and satisfactory delivery, operation, and support of
any and all equipment or services.
20, PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of
patents or copyrights.
21. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION: The City shall have the right to
reproduce any and all manuals, documentation, software or other information stored on electronic media supplied
pursuant to the agreement at no additional cost to the City, regardless of whether the same be copyrighted or
otherwise restricted as proprietary information; provided, however, that such reproductions shall be subject to the
same restrictions on use and disclosure as are set forth in the agreement. The awarded Respondent agrees to
execute any non-exclusive copyright assignments or reproduction authorizations that may be necessary
for the City to utilize the rights granted In this subparagraph.
22. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES: The Vendor shall not sell, transfer or assign
the service required by this agreement without the prior written consent of the City. The agreement and the
monies which may become due are not assignable, except with the prior written approval of the City.
23. SEVERABILITY: if any provision of this Agreement shall be determined to be unenforceable or illegal, such
provision shall be deemed severed from the remaining provisions, which shall be valid and enforceable.
24. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall
lie in Williamson County.
25. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or
subcontractor's employees while in the performance of the service is prohibited. Violation of this requirement
shall constitute grounds for termination of the service.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
26. INDEPENDENT CONTRACTOR:
26.1. It is understood and agreed that the Contractor shall not be considered an employee of the City.
26.2. The Vendor shall not be within protection or coverage of the City's Worker' Compensation insurance,
Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
PART VI
PAYMENT
1. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified
within this time frame if the service provided is not in full compliance with the project scope. If any service is
canceled for non-acceptance, the needed equipment or service may be purchased elsewhere and the vendor
may be charged full increase, if any, in cost and handling.
2. INVOICING: The total billed for the project shall not exceed the agreed-upon fixed price sum. Vendor shall
submit one original and one copy of each invoice monthly referencing the assigned Purchase Order number to
the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
3. OVERCHARGES: Contractor hereby assigns to Purchaser any and all claims for overcharges associated with this
purchase which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under
the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq.
4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day, on which the
City receives a correct invoice for the service, whichever is later. The Contractor may charge a late fee (fee shall
not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt
payment policy; however, this policy does not apply to payments made by the City in the event:
4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
4.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3. There Is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which
caused the payment to be late; or
4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
contract or other such contractual agreement.
Page 10 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase
order resulting from a response to this bid/Soecification insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work as a result of this bid by the successful
bidder, its agents, representatives, volunteers. employees or subcontractors.
1.1. Certificates of insurance and endorsements shall be furnished to the City and approved by the City before work
commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence
basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits
for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and
Property Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability
Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all
endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy
terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation
binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the
Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance
endorsements stated below.
1.5. Vendor agrees that with respect to the required Insurance, all insurance contracts and certificate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of
each insured may appear) as to all applicable coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents,
or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for
injuries, including death, property damage, or any other loss to the extent same may be covered by the
proceeds of insurance.
Page 11 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual (lability coverage sufficient to include such
obligations within applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order
number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City In the event of any change in coverage and shall give such notices not less than
thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of
Insurance.
1.5.10. Alt notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing
services on building or construction projects for a governmental entity.
2.1.1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, PNCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor) in Section 406.096 - includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of
whether that person contracted directly with the CONTRACTOR and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. °Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project,
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the
project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the
OWNER showing that coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file
certificates of coverage showing coverage for all persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year
thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days
after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage
of any person providing services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas
Workers' Compensation Commission, Informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,
to:
Page 12 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for
all its employees providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on a project, for
the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project;
and
2.10.3.1.2. a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, If the coverage period shown on the current certificate of
coverage ends during the duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after
the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs
(A thru G), with the certificates of coverage to be provided to the person for whom they are
providing services.
2.10.3.5. By signing the solicitation associated with this specification, or providing, or causing to be
provided a certificate of coverage, the Contractor Is representing to the Owner that all
employees of the Contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that alt coverage
agreements will be filed with the appropriate insurance carrier or, In the case of a self -Insured,
with the Commission's Division of Self -Insurance Regulation. Providing false or misleading
information may subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor that entitles the Owner to declare the contract void if the Contractor does not
remedy the breach within ten calendar days after receipt of notice of breach from the owner.
Page 13 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
ATTACHMENT B
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: RFP 09-031 -- WEB HOSTING
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point of contract of at least four (4) firms that have utilized similar
service for at least three (3) years. References may be checked prior to award. Any negative responses received may
result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Naive of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Fax Number (
Fax Number (
Fax Number (
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE
MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FROM AWARD.
Page 14 of 14
iL� j" Iuit=
Redglue Managed Services
Hosting Solution
City of Round Rock, Texas
RFP 09-031 WEB HOSTING
Prepared by:
Anthony Kukla
Redglue, Inc.
7212 McNeil Drive Suite 203
Austin, TX 78729
(512) 453-6933
Technical Contact:
Anthony Kukla
Redglue, Inc.
(612) 453-6933
(512) 567-6676 (m)
The undersigned acknowledges that the information provided by Redglue in this proposal Is a
legitimate response for the RFP 09-031 disclosed by the City of Round Rock. This response is
valid for 120 business days from the signature date below.
Authorizing Officer Signature Date
Anthony Kukla
Redglue Managed Services
Hosting Solution
Page 2 of 23
Table O f Contents (List of Deliverables)
Table of Contents (List of Deliverables) 2
Executive Summary a 3
Company information 4
Scope of Managed Services 6
implementation Plan 9
Cost Details .............10
Similar Projects 11
Experience 12
Attachment B . -13
Technical Expertise 14
Support 15
Service Level Agreement 16
Master SLA 17
Data Center Pictures 22
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Redglue Managed Services
Hosting Solution
Page 3 of 23
Executive Summary
The purpose of this response is to provide a turnkey solution for Internet Web Hosting to the City
of Round Rock. The solution will provide a method of communication between City personnel,
vendors, customers, and residents. A focus on network infrastructure, hardware, management,
and expertise will be utilized to realize the intended result. All elements will be provided with
robust security, redundancy, monitoring, and 365/24/7 support.
The Service Level Agreement (SLA) will provide an uptime availability backbone. All services will
be offered around this SLA and include a 100% network uptime guarantee, a 99.9% hardware
guarantee, and a one (1) hour hardware replacement guarantee.
Redglue has prepared this summary of the Implementation based on the following sources:
• RFP 09-031
• Audit of Requirements
• Review of questions/answers
• Redglue's Experience
Redglue is well positioned to provide a competent hosting solution. We possess a unique
combination of network expertise, creative capabilities, and systems development and
management experience.
NtiroieCt By ''•othuny Kuk.Ii
l a.I RFV t;o (" %a'7lii)9
Redglue Managed Services
Hosting Solution
Page 4 of 23
Company information
HISTORY
Launching a vision of delivering business solutions using combined Internet technologies,
Re4glue was conceived by Anthony Kukla In 1999 and Incorporated in the State of Texas in April
01 2000 Mr. Kukla, a graduate of Texas A&M University (Information and Operations
Management, MIS) utilized his experience to create and deliver a turnkey services offering.
The original offering of Web site develOpment and hosting Services soon grew to include business
and network consultation, managed hosting services, -and application development, as Institutions
like Arium, Hearst, AutoNation arid the Texas Oil and Ges-Associatibn expanded the Redglue
client base. By 2001, Redglue had established an annual growth rate of over 300% per year by
fostering long-term partnerships with leaders in a diverse spectrum of Industries. As a reSult, all of
our first clients are still our clients.
today, Redglue realizes continued growth and operational profit thrOugh a focus on Web site
development, redundant hosting, applications integration, and superior suppOrt. Our high client
retention rate speaks to the return on investment our services represent as we expand our
competencies in the latest software, technology, and the business application of each.
PHILOSOPHY
Redglue provides the strategic, interactive, and digital technology solutions that make our Clients
the most successful on the Internet. Our commitment is to prepare today's institutions to meet
the challenges of tomorrow. We strive to offer a reliable and cost-effective alternative to in-house
resources for Internet development and management.
Through unparalleled support, strategic analysis, solution design, and technology implementation
we transform Web objectives into realities. By Utilizing current technologies, we focus on
integrating the competencies in the tangible world to the virtual world of the Internet, We discover
information to generate a conceptual framework, and transform It into the ideal Web environnient.
Redglue is an excellent place to work and provides a professional environment, which is
challenging, rewarding, creative, and respectful of ideas and individuals, Redglue ultimately
provides excellent value to its clients and fair reward to its owners and employees.
Redglue Managed Services
Hosting Solution
Page 5 of 23
Scope of Managed Services
Cohclusions
After auditing available Information provided by the City of Round Rock we have determined the
following recommendations for the server implementation and management.
Data Center Information
Located in northwest Austin, TX, the datacenter provides fully redundant electrical power, multiple
connections to the Internet Backbone via multiple providers using multiple entry OC -based fiber
connections, custom BGP4 routing using redundant Cisco routers and switches resulting in no
single point of failure.
In addition to 24x7 controlled customer access via keycards and biometric scanner; the facility
utilizes closed-circuit video surveillance to ensure the utmost in security.
Network Operations Features
1. Raised flooring
2, Redundant router and switch HSRP configuration
3. VESDA smoke detection
4. Secure access keycards
5. Biometric scanner
6. Video surveillance
7. Liebert HVAC system
8. Multiple automatic diesel generators
9. Liebert and APC battery backups
10, Standard 20/30a 110v power
11. 208v, additional 110v 20/30a or custom circuits available
12. Network powered by Cisco
13. Lockable, secure rack cabinets
14. Cabinet sizes range from 1/3,112, end.1 full 44U rack
15. Telco friendly facility
16. Complimentary Hands and Eyes
17. Experienced, on-site : staff
18. Customer'staging area
Included Services
1. 24/7/365 unlimited access to support personnel
.2. Managed multi -homed, Tler 1 network.
3. Data center with redundant power and HVAC systems
4. 100% Network Uptime
5. 1 -Hour Hardware Replacement
6. Dedicated Account Manager and Business Development Consultant
7. Server and. application Monitoring (ports and services)
8. Immediate response to Monitoring Down Events
9. Service Alerts
10. Online Ticketing
11. Bandwidth Utilization
12, Licensing on key components
13. Unlimlted .Sys Admin troubleshooting
14. Optional high availability server capabilities.
15. Automated OS patching
16. Scheduled .OS patching
17. Managed Network -based Intrusion Detection
Redglue Managed Services
Hosting Solution
Page 6 of 23
18. Managed firewall
19. Server compromise checks
20. Regular security audits
Included Configurations
1. Bandwidth: Dual Fast Ethernet (10/10011000 Mb)
2. Managed Backup
3. DNS Management: 25 Zones
4. Private. LAN: Enabled
5: IP Space: /29 Network - 5'Useable IPs
6. IP Monitoring; Enabled
7. Security Monitoring; Enabled
8. Firewall Service: Enabled
9. Load Balancing: Enabled
Additional Options
1. Firewall Service Direct Rules
2. Automatic Transfer Switch (ATS)
3. Failover Primary, Secondary, and Tertiary DNS
The service provided to the 'city is an array of servers that provide Web, FTP; Database,
Application, Email (SMTP) and SharePoint. The configuration, setup, maintenance, and support
associated with the servers is included with the service. Third party applications or custom
applications will be managed and monitored by the City however assistance with installation,
support, and monitoring will be provided_ With all managed service contracts, Redglue will
provide any necessary additional training, remote access, and on-site access as needed.
Redglue will also provide application assistance and application software support for the third
party and custom code located on the servers maintained,
• All servers will reside behind secured firewalled routers and enhanced monitoring
servers. All IP addresses are filered including ingress filtering.
• All servers necessary for ecommerce will be enabled to handle such: activity in a secure
manner:
• All servers necessary for secure. transactions (SSL -based) will be enabled with a secure
certificate provided by Redglue.
• All servers necessary for email notifications (SMTP) will be enable with secured relays.
+ Servers necessary for database communications will be provided a MSSQL license.
• If a separate database server is required — the pricing will stay consistent with the scale
Of similar servers,
• All servers necessary for serving video, audio, graphical, flash content will be enabled via
service applications and mime -types.
+ All servers needing failover redundancy will be mirrored to off-site servers.
• Up -time will, be monitored utilizing a custom monitoring application. Servers wilf be
tracked via live pings and SNMP port tests and traces. Bandwidth will be monitored
utilizing :a 5 minute interval measuring service in which the top 5% will be thrown out.
• Most maintenance events will not Interrupt any service to the servers - utilizing HSRP the
traffic will flow across a separate network than the one that is being update/patched/fixed.
• In the event of a scheduled outage the client will be notified 7 days, 48 hours, 24 hours
prior to the maintenance work. All scheduled work will occur after 11:59 pin and be
completed no later than 4:59 am.
• Redglue will take full responsibility for the safety, injury and health of its working
emploYees while its employees are performing service work.
• Redglue has the faciility and.space requirements to providethe services requested.
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Redglue Managed Services
Hosting Solution
Page 7 of 23
Server 1 - WebServer
1. Dell Poweredge
2. Microsoft Windows/IIS Security Tuned
3. Microsoft SQL Server
4. SMTP Enabled
5. Video/Audio/Flash Capable
6. SSL Provided on Request
7. Processor: Dual Xeon Processors
8. Memory; 2048 - 4096 Mb
9. Storage: Partitioned 4 x 146 GB SCSI Raid 5 15K RPM
10. Storage: Partitioned 2 x 300 GB SCSI Raid 5 15K RPM
11. Extra Slots available for Storage. Expandability
12. alai GIG Ethernet Connection (1000 Mb)
13. 300 GB Bandwidth Monthly
14. Backup on Board Engaged
15. 50 GB:Off Server Weekly Managed Backup
16, Redundant Power Supply
17. Redundant Cooling
18. Remote Reboot
Server 2 - Application Server
1. Dell Poweredge
2. MIcrosoft Windows/IIS :Security Tuned
3. SSL Provided on Request
4. Microsoft SQL Server
5. SMTP Enabled
6, Video/Audio/Flash Capable
7. Processor::Dual Xeon Processors
8. Memory: 2048 - 4096.Mb
9. Storage: Partitioned 3 x 140 GB SCSI Raid 5 15K RPM
10. Extra Slots available for Storage Expandability
11. Dual GIG Ethernet Connection (1000 Mb)
12. 300 GB Bandwidth: Monthly
13. Backup on Board Engaged
14. 50 GB Weekly Managed Backup
15. Redundant Power Supply
ie. Redundant Cooling
17. Remote Reboot
Server 3 - FTP Server
1, Dell Poweredge
2, Microsoft Windows/FTP Security Tuned
3. FTP Server/File Server
4. Processor: Dual Xeon Processors
5. Memory: 2048 4096 Mb
6: Storage: Portioned 3 x 73 GB SCSI Raid 5 15K RPM
7. Extra Slots available for Storage Expandability
8. Dual GIG Ethernet Connection (1000 Mb)
9. 300 GB Bandwidth Monthly
10. 50 GB Weekly Managed Backup
11. Redundant Power Supply
12. Redundant Cooling
13. Remote Reboot
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Redglue Managed Services
Hosting Solution
Page 8 of 23
Server 4 — Sharepoint Server
1. Dell Poweredge
2. Microsoft Windows/IIS Security Tuned
3. Sharepoint Services
4. Microsoft SQL Server
5. SMTP Enabled
6. Video/Audio/Flash Capable
7, SSL Provided on Request
8. Processor: Dual Xeon Processors
9. Memory: 2048 — 4096. Mb
10. Storage: Portioned 3 x 146 GB SCSI Raid 5 15K RPM
11, Extra Slots available for Storage Expandability
12, Dual GIG Ethernet Connection (1000 Mb)
13. 300 GB Bandwidth Monthly
14. 50 GB Weekly Managed Backup
15. Redundant Power Supply
16. Redundant Cooling
17. Remote Reboot
Managed Backup
Nightly and Weekly rotated cycles are run on all servers. Full backups are completed weekly with
a 4 week cycle, Incremental backups are completed nightly and run a 2 week cycle: There is no
charge for restoring any data from backup at anytime,
Redglue is responsible. for providing the Hardware and Software, outside of 3`d party and custom
applications, required for all services..
The city has the right t� provide any software licenses needed for the project;
The City Is responsible for specifying points of contact for the service and support.
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Redglue Managed Services
Hosting Solution
Page 9 of 23
Implementation Plan
We are in a unique situation regarding implementation of the servers. We currently host and
manage the services in this response for the City of Round Rock: With that said, there may not
be a need for new migration or implementation.
However; due to the term of the contract we would recommend an upgrade in all servers to 17
core servers which perform at more than 3x the rate of the current servers. 17 is a newer chip
technology that allows server processors to communicate directly with memory directly. This
greatly enhances the speed of the server, reduces resource consumption, extends the life of the
server, and provides a better overall experience to the user.
To properly implement this plan the servers would need to be migrated from their current state to
the new state. This is a simple process for our technicians.
1. New servers would be procured with the required hardware.
2. The servers wouldbe configured with the settings specified for each server responsibility.
This includes OSisoftware.
3, Once configured the servers would be tested thoroughly.
4, After the tests, sets of existing data would be migrated over to the new servers for
additional environment testing (this occurs while leaving everything still live on the old
servers and does not interrupt current service.
5. Testing reoccurs.
6. Next, a date of migration would be scheduled with the City of Round Rock. The dates
are usually on weekends after 11:59 pm, but we can schedule any date and time deenied
necessary by the City.
7. Once a date Is scheduled maintenance would start.
8. The first step of maintenance is to clear the servers after testing and re -migrate all data
over to thenew servers.
9. The migration of data occurs very quickly since the servers would reside on the same
network. Transfer speeds would run up to 1 GB/s.
10. Additional testing is completed again.
11. Additional testing may also be completed by the City employees to ensure everything is
functioning properly.
12: The second step of maintenance.requires thesystems be audited for.seourity holes,
corrected, and fine-tuned for performance.
13. Once this is complete and the date has arrived. We get a final approval to migrate. If the
approval is given we proceed, if not, we reschedule.
14. We make additional backup sets, migrate incremental changes between the data sets
and switch the IP.addresses to point to the new servers. The switch is done by IP so the
server can be switched back at anytime in a matter of seconds.
15. Once the IPs have been switched, the: sites: are tested thoroughly and the City is notified.
16. We then Work directly with the City to review the servers for any issues or oversights. If
there is a problem we immediately fix all`issues and do another review.
17. We make constant contact with the city after the migration to ensure.everything it.
working as intended.
18. We keep the old servers online for a time period specified by the city, but not to exceed
60 days. This is a fallback to ensure the ability to collect files, applications, etc that may
have been missed during the migration process..
i'mt)Are0 by A'!IL,iji Ku%1a
Redglue Managed Services
Hosting Solution
Page 10 of 23
Cost Details
Based on the scope of the current proposal Redglue has determined that the solution can be
implemented for an estimated total setup and monthly cost. Yearly cost and 5 year term costs
have also been provided with discounts.
It is guaranteed that the product offered will meet or exceed specifications identified in thls
response.
Support is included as part of the managed service,
Ail managed service costs including setup, configuration, hardware, software, support, and
maintenance are specified below:
Hardware Equipment (one-time fee and setup)
Server1 ..... ......................... . ........................ $3640.00
Server 2 2860.00
Server 3 ......:. $11130.00
Server 4 - $2060.00
Optional Server 5 (Dedicated Database) $3920.00
Hardware Management (monthly fee)
Server 1 .,,..., $1420.00
Server 2 $1000.00
Server 3$480.00
Server 4 .............::.......... $620.00
Optional Server 5 (Dedicated Database) $960.00
Total of Services (one-time fee): $974.0.00=$13660.00
Total of Services (monthly fee): $3600.00-$.4560.00
First Year $52950.00~$68380.00
Second Year $43200.00-$54720.00
Third Year $43200.00-$54720.00
Fourth Year $43200.00-$54720.00
Fifth Year $43200.00-$54720.00
5 Year Total before Discounts . $225750.00-$273600.00
Existing Client Discount 10%
Term Discount (5 Year) 10%0
5.Year-Total for Contract $172800,00-$218880.00
Redglue reserves the right to raise rates based upon the increase in costs associated with the
providing the service: At no time will Redglue increase the rate of service by more than 1.5% in
any given 2 year period. Redglue will notify the City by writing 60 days prior to any rate increase.
The City reserves the right to reject the increase prior to the end of the 60 day period.
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Redglue Managed Services
Hosting Solution
Page 11 of 23
Similar Projects
Project Location
Client
Industry(s)
Services Provided
Term
Contact
Project Location
Client
industry(s)
Services Provided
Term
Contact
Project Location
Client
industry(s)
Service's Provided
Term
Contact
Project Location
Client
Industry(s)
Services Provided
Term
Contact
Frryi.i,ixi Fy N.nl'n,,ny Kukl.,
Austin, TX
Texas Oil and Gas Association
Oil and Gas
Web Hosting, FTP Hosting, Remote Backup, Disaster Recovery,
Exchange; Hosting, Blackberry Enterprise Services, Barracuda Filtering,
Network Consulting, Programming, Development Support
Continual since 2000
Bill Ennis
Austin, TX / Dallas, TX / Houston, TX /Washington, DC
Quicksilver /Patriot Group
Government Censulting, Public Affairs, Campaign Consulting
Web Hosting, FTP Hosting, Database Hosting, Managed Backup,
Exchange Hosting, Blackberry Enterprise Services, Barracuda Filtering,
Network Consulting, Development Support, Indirect (pass-through) 'Client
Support and Management
Continual since 2002
Ryan Gravatt
Round Rock, TX
City of Round Rook
Government
Web Hosting; FTP Hosting, Database Hosting, Load Balancing,
SharePoint Hosting, Managed Backup, Application Consulting,
Programming, Development Support
Continual since 2004
Arnold Wells
Austin, TX / Discovery Bay, CA / New York, NY /Beijing, China
Embedded Developer, a Convergence Promotions / Hearst Business
Media Enterprise
Semiconductor, Technology, Engineering
Web Hosting, FTP Hosting, Database Hosting, Database Mirroring/Load
Balancing, Email Hosting, Barracuda Filtering, Management Services,
Programming, Development Support, Language Translation Services
Continual Since 2006
Bob Smith
Redgiue Managed Services
Hosting Sollition
Page 12 of 23
Experience
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RFP 09-031
Specification Number 09.915-51
Dated: August 2009
ATTACHMENT B
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER; RFP 09-031- WEB HOSTING
BIDDER'S NAME: Redglue,. Inc. DATE: 09/28/2009
Provide the name, address, telephone number and point of contract of at least four (4) firms that have utilized similar
service for at least three (3) years. References may be checked prior to award. Any negative responses received May
result in disqualification of bid.
I. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number ( 512 ) 478-6631
Texasand Gas Association
Bill Ennis
Vice President for Membership & Media Relations
bennis@txoga.orq
304 West 13th. Street.
Austin, TX 78701
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
Fax Number ( 512 ) 472-3859
The Patriot Group
Ryan Gravatt
Principal
ryan@patriot-group.com
919 Congress .Avenue, Suite 1140
City, State, Zip Code Austin; Texas 7E3701
Telephone Number (.512 ) 477.6700
3. Company's Name
Name of Contact
Title .of'Contact:
E -Mail Address
Present Address
City; State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City of Round Rock
Arnold. Wells
Fax Number. ( 512 ) 477-6701
Web Administrator
awells@round-rock,tx.Us
221 E. Main Street
Round Rock, TX 78664
(512 ) 218-5400
Fax Number ( 512 ) 218-7097
Embedded Developer, .a Hearst Enterprise
Bob Smith_
Chief Information Officer
bob.smith®embeddeddeveloper.com
2220 Sunset Point
City, State, Zip Code Discovery Bay, CA 94514
Telephone Number ( 512 ) 282-9614 Fax Nurbcr, ( 512 ) 2E32,9614
FAILURE TO PROVIDE TFIE. MIMEO INFORMATION WITH THE SOLICITATION RESPONSE
MAY AUTOMATICALLY .DISQUALIFY THE RESPONSE FROM CONSIDERATION FROM AWARD.
Redglue Managed Services
Hosting"Solution
Page 1.4of23
Technical Expertise
Redglue posses a unique c
development and manage
ombination of network expertise, creative capabilities, and systems
meat experience.
Programming
Languages
✓ HTML
✓ DHTML
✓ SHTML
1 XML
✓ Visual Basic
✓ SQL
✓ PUSQL
✓ Ruby on Rails
✓ JAVA
✓ ASP, ASP.NET
✓ JSP
• CFML
Peri
PHP
• CGI
Scripting
Languages
• JavaScript
• VB Script
• Action Script
Server
Operating Systems
1 Windows NT/CE
1 Windows 2000 Server
✓ Windows 2003/2007 Server
✓ All Linux Servers
1 Sun Solaris
✓ Free BSD
Databases
✓ Access
✓ mySQL
✓ MSSQL
✓ Oracle
• Sybase
✓ PostgreSQL
WebNideo Servers
• IIS 5.0
✓ IIS 6.0/7.0
✓ IBM Httpd
✓ Apache
1 Windows Streaming
Services
1 Real Networks
✓ Apple streaming
Application Servers
✓ MS ASP/:NET
✓ IBM WebSphere
✓ J2EE
✓
Oracle
✓ Lotus
✓ SharePoint Serivces
✓ SharePoint Portal
Multimedia and
Graphics
1 Flash
1 Director
✓ Shockwave
✓ After Effects
1 Photoshop
✓ Illustrator
✓ Fireworks
✓ Freehand
Business
Consulting
✓ Information Consulting ✓
✓ System Analysis and Design
✓ Information Systems ✓
Problem Solving
1 Decision Support Systems
✓ Advanced Computer
Systems ✓
✓ Programming Business Data
Structures ✓
✓ Database Management ✓
Systems ✓
• Advanced Statistical ✓
Methods and Business 1
Forecasting Techniques
Training Module
Development
Data Communications.and
Networking
Manufacturing and Services
Operational Management
Strategic and Field
Management
Project Management
Application Design
JAD Facilitation
GIS Mapping
Data Modeling
Web Browsers
1 IE PC, Mac
✓ Netscape PC, Mac
• Safari/Chrome PC, Mac
✓ Opera PC, Mac
✓ Mozilla PC, Mac
1 Firefox PC, Mac
PiC1+2"in%0y A0110 fly Kukr.
Redglue Managed Services
Hosting Solution
Page 15 of 23
Support
Redglue prides itself on its support -and support availability. We are a 365/7/24 operation with
numerous methods of contact in place to allow for seamless support handling and tracking.
We provide a number of support options, at -any hour, to help resolve support requests.
• Help Desk (online ticketing system)
• Email support
• Local telephone support
• Toll-free telephone support
Instant messaging
Support operates on a 365/7/24 schedule. Support requests during business hours (7am-6pm)
are responded to from real-time to within 15 minutes, after business hours (6pm — 7am) are
responded to within 15 minutes —1 hour, and weekend (Sat. and Sun.) from 15 Minutes — 2
hours. A copy of our SLA is included in the "Service Level Agreement" section of this response.
Additional 24/7/365 access to development personnel
Included in our server management is access to supportpersonnel for assistance with not juSt
server hosting, but support with the applications that are hosted on the servers. This includes
third party assistance as well as assistance with custom code and in some cases the provisioning
of like code provided as a free service to help developers create applications or resolve
programming issues.
Monitoring System
We utilize a custom configured service monitoring and alerting system that tracks uptime and
availability, server issues before they occur thru SNMP smart detection, and ttack incoming
threats to any server or network device. Depending upon the type of alert Redglue staff Is notified
via email, ticketing, IM, and mobile devices.
f;, i Iola;\•
Redglue Managed Services
Hosting Solution
Page 16 of 23
Service Level Agreement
The Redglue SLA covers the availability of your website and three components that keep your
site up and running:
100% Network Uptime
Redglue guarantees that its network will be available 100% of the time in a given month,
eXciudin0 scheduled rtaintenance. Network uptime includes functioning of all network
infrastructure Including routers, switches and cabling, but does not include services or software
running on your server. Network downtime exists when a particular customer is unable to transmit
and receive data and is measured from the time the trouble ticket Is opened.
Infrastructure
RedOde guarantees that the critical Infrastructure systernswill be available 100% of the time in a
given month, excluding scheduled maintenance. grillCal infrastructure includes functioning of all
power and HVAC Infrastructure Including U1: -)Ss, PDUs and cabling, but does not include the
power supplies on cdstornera' Servers. Infrastructure downtime exists when a particular server Is
shut down due to power or heat.probleMs and is measured from the time the trouble ticket Is
opened to the time the problem Is resolved and the server Is powered back on.
Hardware
Redglue guarantees the functioning of all hardware components and will replace any failed
component at no cost to the customer. Hardware is defined as the Processor(s), RAM, hard
disk(s), Motherbbard, NIC card and other related hardware included with the server: This
guarantee excludes the time required to rebuild a RAID array and the reload of certain operating
systems and applications.
Hardware replacement will begin once Redglue Identifies the cause of the problem. Hardware
replacement is guaranteed to be complete within one hour of problem Identification:
AtIlli.Coy Kala
*Al )9.'f)/ii?On9
MSA#
r" dgIL
Service Level Agreement
Managed and Colocation Service
t Applicability. This Service Schedule is applicable only
where Customer orders Colocation Space and associated
services (i.e., IP Transit, Power, Remote Hands and
Scheduled Support and Installation).
2: Definitions. Any capitalized terms used herein and not
otherwise defined shall have the meaning set forth in the
Strategic Sales Master Service Agreernent (the "Agreement").
Colocation Area: The location within the REDGLUE premises
in which Colocation Space ordered by Customer Is located:
Colocation Space: The location(s) within the Colocation Area
of REDGLUE where Customer is permitted to colocate server
and communications equipment pursuant to e Service Order
accepted by REDGLUE;
Committed Data Rate; The minimum data rate comrnitted by
Customer and set forth in the Service Order. The data rate is
expressed in Megabits 'per second (Mb/s).
Managed and Colocation Service; Shall have the meaning
assigned to such term in Section 3 of this Service Schedule.
HSRP: Hot Standby Router Protocol (HSRP) provides network
redundancy for IP networks, ensuring that user traffic
Immediately and transparently recovers from first hop failures
in network edge devices or access circuits.
IP Transit: That part of Send Traffic :or Receive Traffic that
Originates or terminates on the global Internet.
Port: The REDGLUE switch or router port or Interface to which
Customer connects. Ports can be Ethernet (10 Mb/s), Fast.
Ethernet (100. Mb/s) or Gigabit Ethernet (100 Mb/s). Full
duplex and half duplex configurations are available.
Port Transferred Bandwidth: The minimum quantity of data
committed by Customer and set forth in the .Service Order. The
quantity is expressed. in GigaBytes (GB) per calendar month.
Power Standard electrical power is single phase 110 volt AC,
60Hz. Each full cabinet Is supplied with an individually
breakered 20 amp circuit: One-third (1/3) cabinets share an
individually breakered 20 amp circuit among 3 cabinets.
Shared Colocation Space shares a breakered 20 amp circuit
with other Customers. 208 Volt AC, 240 volt AC circuits; and
DC circuitsare availabie if specified on a Service Order:
Service Schedule — Managed and Colocation Service
Version 6.0.4 - 20090901
Receive Traffic: Traffic from any origination point that is
received by Customer from the REDGLUE iP network or global
Internet.
Remote Hands: Basic on-site maintenance and support of
Customer's equipment as requested by Customer via
telephone or electronic mail. Work performed includes, but is
not limited to visually inspecting equipment, power cycling
equipment, installing or verifying cables, and entering simple
keyboard commands at the direction of Customer.
Scheduled Support and Installation: Scheduled
maintenance, installation and removal of equipment, cabling
and other related Support services consistent with REDGLUE's
then current Scheduled Support and Installation Service Policy,
as amended by REDGLUE from time to time, a copy of which
shall be made available to Customer upon request.
Send Traffic: Traffic originating from Customer with a
destination point on the REDGLUE IP network or global
Internet.
3. Service Description. Managed and Colocation Service is
space provided within REDGLUE'spremises and islicensed to
Customer for purpose of colocating servers and
cenimuniCalions. equipment. Unless otherwise specified on a
Service Order, Managed and Colocation Service includes IP
Transit service providing.: access to the REDGLUE IP network
and the. global Internet, Managed and Colocation Service can
be provided to Customer at Ethernet (10 Mbts), FastEthernet
(100 Mb/s), and Gigabit Ethernet (1000 Mb/s) speeds. Each
Ethernet speed Is available as a half -duplex or full -duplex
connection. Full -duplex, is the default connection type. Frill
Cabinet, multi -cabinet, and custom cage Customers are
provided dual Ethernet connection using Cisco HSRP. Shared
wire rack ;space, .one-third (1/3) cabinet, and one-half (1/2)
cabinet are provided with single Ethernet connections. A dual
Ethernet connection is an optional service for Customers
ordering shared wire rack, one-third (1/3) cabinet space, and
one-half (1/2) cabinet space.
4. Charges: Charges for Managed and Colocation Service
consist of four (4) components: (a) a non-recurring installation
charge per Service Order; (b) a monthly recurring charge
based on the Committed Data Rate or Port Transferred
Bandwidth; (a) monthly usage charges to.the extent usage in :a
particular month exceeds the Committed Data Rate or Port
Transferred Bandwidth; and (d) a monthly charge for Remote
Hands, Scheduled Support or Installation services (if
applicable). Depending on the bandwidth usage plan specified
CONFIDENTIAL
MSAii
on the SerVice order, Customer's usage of network capacity
will be billed in one of two methods; (I) if the Service Order
specifies Committed Data Rate, Customers usage of both
Send Traffic and Receive Traffic will be sampled every five (5)
minutes. for the previous five (5) minute period. At the end of
the month, the top five percent (5%) of Send Traffic and
Receive Traffic samples shall be .discarded. The highest of the
resulting measurements represent the ninety-fifth (95°')
percentile and said measurement will be compared to the
Committed Data Rate. If the five (5) minute period that
represents the ninety-fifth (95th) percentile of either Send
Traffic or Receive Traffic Is higher than the Committed Data
Rate, Customer will, in addition to being billed for the
Committed Data Rate, be billed at this ninety-fifth (95`h)
percentile level for any usage inexcess of the Ceinmitted Data
Rate at the contracted Mb/s price; or (ii) if the Service Order
specifies Port Transferred Bandwidth, the Send Traffic and
Receive Traffic will be .:sampled every five (5) minutes for the
previous five (5) minute period. At the end of the month, the
sum of the Send Traffic bytes and Receive Traffic bytes is. the
Port Transferred Bandwidth for that month. if the Port
Transferred Bandwidth is higher than the contracted Pori
Transferred Bandwidth, Customer will, in addition to being
billed for the Included Port Transferred Bandwidth, be billed for
any overages in excess of the Port Transferred Bandwidth at
the contractedprice per GigaByte.
5. Grant of License. Customer Is granted the right to occupy
the Colocation Space specified In a Service Order during the
Service Term,_except as otherwise provided In the Agreement
and this Service Schedule: Customer may submit multiple
Service Orders requesting use of Colocation Space, each of
which shall be governed by the terms hereof. REDGLUE
retains the right to access any Colocation Space for any
legitimate business purpose at any time.
6. Use of Colocation Space. C ustomer shall be permitted
to use the Colocation Space only for placement. and
maintenance of servers and communications equipment.
Customer may access the Colocation Space twenty four (24)
hours per day, seven (7) days per week;. subject to any and all
rules, regulations and access requirements imposed by
REDGLUE governing such access,
7. REDGLUE Maintenance. REDGLUE .Shall perform
janitorial services, erivironrrientai systems maintenance, power
plant maintenance and other actions as are reasonably
required to maintain the Colocation Area in which the
Colocation Space is locateci in a condition that is suitable for
the placement of server and communications equipment.
REDGLUE shall maintain the Colocation Area in .which the
Colocation Space is located (but shall not be obligated to
maintain the Colocation Space hell) to ,generally accepted
industry standards: Customer shall maintain the Colocalion
Space In an orderly and safe .condition, and shall return the
Colocation Space to REDGLUE at the conclusion of the
Service Term set forth in the Service Order In the same
condition (reasonable wear' and tear excepted) as when. such
Colocation Space was delivered to Customer. EXCEPT AS
EXPRESSLY STATED HEREIN OR IN .ANY SERVICE
ORDER, THE COLOCATION .SPACE. SHALL BE DELIVERED
AND ACCEPTED "AS 18" BY CUSTOMER, AND NO
Service Schedule — Managed and Colocation Service
Version 6.0.4 - 20090901
REPRESENTATION HAS BEEN MADE BY REDGLUE AS TO
THE FITNESS OF THE SPACE FOR CUSTOMER'S
INTENDED PURPOSE.
8. Security. REDGLUE will provide and maintain In working
condition card reader(s), scanner(s) and/or other physical
access devices) as selected by REDGLUE for access to the
Colocation Area. Customer shall under no circumstances "prop
open" any door to, or otherwise bypass the security measures
REDGLUE has imposed for access to, the Colocation Area. If
Customer selects a service other than shared Colocation
Space, REDGLUE will provide a locking device on Customer's
Colocation Space, which Customer shall be solely responsible
for locking and/or activating such device. In the event that
unauthorized parties gain access to the REDGLUE premises,
Colocation Area and/or the Colocation Space through access
cards, keys or other access devices provided to Customer,
Customer shall be responsible for any damages caused by
such parties. Customer must notily REDGLUE immediately if
a security device is lost or stolen. Customer shall be
responsible for the cost of replacing any security devices lost
or stolen after delivery thereof to Customer.
9. Prohibited. Activities. Customer shall abide by any
posted or otherwise communicated rules relating to Use of,
access to, or security measures respecting the REDGLUE
premises, Colocation Area and/or the .Colocation Space.
Customer's rights of access and use will be immediately
terminated in the event Customer or any of its agents or
employees •are in REDGLUE's premises with any firearms,
illegal drugs, alcohol or are engaging in any criminal activity.
Persons found engaging in any such activity or In possession
of the aforementioned prohibited Items will be immediately
escorted from the REDGLUE premises.
10. Termination of Use. REDGLUE shall have the right to
te. rnilnate Customer's useof the Colocation Space or the
Service delivered therein in the event that: (a) Customer is in
default hereof; (b) Customer makes any material alterations to
the Coloration Space without first obtaining the Written consent
of REDGLUE; pt (c) Customer allows personnel or contractors
to enter the Colocation Area and/or the Colocation Space Who
have not been ;approved by REDGLUE in advance; or (d)
REDGLUE's rights to use the premises terminates or expires
for any reason. With respect to items (a), (b) and (c), unless
(in REDGLUE's opinion) Customer's iactions interfere or have.
the potential tointerfere with other REDGLUE customers,
REDGLUE shall provide Customer a written notice and a ten
(10) day opportunity to cure before.. terminating Customer's
rights to the Colocation Space.
11. Removal of Epulpment. Within five (5) days following
the .expiration or termination Of the Service Term for any
Colocation Space, Customer shall remove alt Customer
equipment from the Colocation Space. The initial Service Term
is specified on a Service Order. Additional extension and
termination rights are specified in Section 3.01 of the Strategic
Sales Master Service Agreement, In the event Customer fails
to remove the equipment within such five (5) day period,
REDGLUE may disconnect, ,remove and dispose of
Customer's ;equipment without prior notice. Customer shall be
responsible for any costs and expenses incurred by REDGLUE
resulting from disconnleation, removal, disposal and storage of
CONFIDENTIAL
MSA#
Customer's equipment, for which Customer agrees to pay such
costs and expenses and all other charges due and owing by
Customer to REDGLUE under the Agreement prior to
REDGLUE retuming any Customer equipment still in
REDGLUE's possession. REDGLUE shall not be liable for any
loss or damage Incurred by Customer arising out of
REDGLUE's 'disconnection, removal, storage or disposal of
Customer's equipment.
12. Subllcenses. Customer may sublicense the use of
Coloration Space under the following conditions: (a) all
proposed sublicensees must be approved in writing by
REDGLUE In REDGLUE's. sole discretion, except Customer
may:sublicense the use of the Colocation Space to an affiliate
of Customer upon prior written notice to REDGLUE; (b)
Customer hereby guarantees that all such parties shall abide
by the terms of the Strategic Sales Master Service Agreement,
this Service Schedule and the applicable Service Order; ,(c)
Customer shall Indemnify, defend and hold REDGLUE
harmless from all claims brought against REDGLUE arising
from any act or omission of any sublicensee or its agents; and
(d) any such party shall be considered Customer's agent and
all of such party's acts and omissions shall be attributable to
Customer for the purposes of the Strategic Sales. Master
Service Agreement and this Service Schedule. in the event
Customer sublicenses use of the Colocation Space without
REDGLUE's prior written approval, REDGLUE 'may upon ten
(10) days' prior wntten notice: reclaim the sublicensed portion of
the Colocatton Space. Customer shall surrender such
reclaimed Coloration Spate end shall tie subject to termination
charges associated with the reclaimed. Colocation Space es
provided In Section 2.07 of the Strategic Sales Master Service
Agreement. No refunds shall be made to Customer regarding
reclaimed Colocation Space.
13. Changes.
A. REDGLUE ;reserves the right to change (at REDGLUE's
cost) the: location or configuration of the Colocation Space
licensed to Customer within a REDGLUE premises; provided
that REDGLUE shall not arbitrarily require Stich changes.
REDGLUE and Customer shall work, in good faith to riminirnize
any disruption in Customer's services that may be caused by
such changes in location .or configuration of the Coloration
Space.
B. Notwithstanding anything in Section 2.01 of the Strategic
Sales Master Service Agreement to the contrary and unless
otherwise agreed in writing by the parties, In the event any
Service Order for Colocation Space is altered (including,
without limitation, any changes In the confguration or build -out
of the Colocation Space) _ at Customer's request after
Customer's: submission -and REDGLUE's acceptance of such
Service Order that results in a delay of REDGLUE's delivery of
such Colocation Space to Customer, billing for such Colocation
Space shall commence no later than the original Customer
Commit Date.
14. Insurance. Prior to .storage of equipment or occupancy
by Customer of any Colocation Space and during the Service
Tenn, Customer shall procure and maintain appropriate
insurance coverage: Customer acknowledges that it retains the
risk of loss for, loss of (including, without limitation, Toss of
Service Schedule — Managed and Colocation Service
Version 6,0.4 - 20090901
Use), or damage to, Customer equipment and other personal
property located in a REDGLUE premises. Customer further
acknowledges that REDGLUE's insurance policies do not
provlde coverage for Customer's personal. property Located in a
REDGLUE premises, nor does REDGLUE's insurance policies
provide coverage of Customer's loss of use. Customer shall,
at its option, maintain a program of insurance or self -Insurance
covering loss of or deinage to its_equipment and other personal
property located ata REDGLUE premises, including, without
limitation, Toss of use: Customer shalt require any contractor
entering a REOGLUE premises on its behalf ` to procure and
maintain the same types, amounts and coverage extensions as
required by.Custorner,
15. Remote Hands, Scheduted Support and installation.
A, REDGLUE may provide Remote Hands service _ on
Customer's equipment within the Colocation Space -from time
to time as mutually agreed between the parties. Customer
may order Remote Hands service by contacting REDGLUE's
Network Operation. Center (NOC), Customer Service or such
other means as .REDGLUE may make available frorn time to
time. Upon REDGLUE acceptance of such -order, REDGLUE
Will perform the Remote Hands service in accordance with
Customer's directions. Unless otherwise agreed_ between the
parties, pricing for Remote Hands service shall be at
REDGLUE's then current rates. Remote Hands service does
not include, and REDGLUE-shall In no event be responsible for
performing, repair; configuration or tuning of equipment, or for
installation of Customer'sequipment, which services are only'
avallable as part of the Scheduled Support and installation
service
B. REDGLUE may provide Scheduled Support and
Installation service:. on Customer's equipment within the
Colocation Space from time to time as mutually agreed
between the parties. REDGLUE :shall not be obligated to
perform any Scheduled Support and Installation service until
the scope of the Scheduled Support and Installation service to
be provided has been mutually agreed by the parties in writing.
Unless otherwise agreed between the parties, pricing for
Scheduled Support and Installation aervlce shall be at.
REDGLUE's then current rates:
C. ANY REMOTE HANDS SERVICE AND SCHEDULED
SUPPORT AND INSTALLATION SERVICE IS PROVIDED. ON.
AN'AS-1S' BASIS AND REDGLUE, MAKES NO WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER'
IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE.
D. As part of any Remote Hands service and/or Scheduled
Support: and Installation service, under no circumstances will
REDGLUE be responsible for performing any warranty -
affecting work, and REDGLUE shall not be liable to Customer
or any third party to the extent any work performed violates
and/or voids, In whole or in part, any .equipment, software
and/or manufacturer's warranty. Notwithstanding any provision
in this Service Schedule or the Strategic Sales Master Service
Agreement to the contrary but .subject to Section 21(E) below
in the case of Remote Hands service, REDGLUE's cumulative
CONFIDENTIAL
MSA#
liability for :damages arising out of or related to REDGLUE's
performance or failure to perform any Remote Hands service
and/or Scheduled Support and Installation service will be
limited to direct damages in an amount not to exceed the total
fees paid by Customer to REDGLUE for the particular Remote
Hands service or Scheduled Support and installation service
(as the case may be) giving rise to the liability.
16. Storage of Customer Equipment. REDGLUE may, at its
option, agree to store equipment that Customer intends to
colocate in Customer's Colocation Space for not more than
thirty (30) days. prior to the applicable Customer Commit Date.
Storage of such equipment is purely incidental to the Service
ordered by Customer and REDGLUE will not charge Customer
a fee for such storage. No document delivered as part of such
Wrap shall be deemed a warehouse receipt. Absent
REDGLUE's gross negligence or intentional misconduct;
REDGLUE shall have no liability to Customer or any third party
arising from such .storage. In the event Customer stores
equipment for longer than thirty (30) days, REDGLUE may, but
shall not be obligated to, retum Customer's equipment t�
Customer without liability, at Customer's sole cost and
expense.
17. Promotional Signage. Customer may display a single
promotional sign with Customer's name and/or loge on the
outside of any Customer Colocation Space; provided such
signage does not exceed 11 inches by 14 inches. All other
promotional signage is prohibited.
18. Power.
A. Unless otherwise agreed between the parties, the pricing
for Power shall be on a breakered amp'load basis.
B. The standard available power usage in any Cdlocation
Space is 225 watts/square foot of breakered power. Any
additional Power required by Customer is subject to prior
written approval by REDGLUE. This policy maintains adequate
Cooling in a specific Colocation Space.
C. In the event the power utility Increases the price paid by
REDGLUE for. Power provided to any Coloration Space,-
REDGLUE may pass-through to Customer price increase
upon prior written notice to Customer.
19. IP Addresses, In the event that REDGLUE assigns to
Customer an IP address (the `Assigned IP Address') as part of
the provision of Service, the Assigned IP Address shall revert
to REDGLUE after terrriination of the. applicable Service Order
for any reason whatsoever, and Customer shall cease using
such address. At any time after such termination, REDGLUE
may re -assign such address to another user.
20. Domain Names. In the event that REDGLUE obtains for
Customer a domain name, Customer shall be the sole owner
of such domain name: Custonier shall be solely responsible
for:
A. paying any fees (including renewal fees) relating thereto;
Service Schedule — Managed and Colocation Service
Version 6.0.4 - 20090901
B. complying with any legal, technical, administrative, billing
or other requirements imposed by the relevant domain name
registration authority;
C. modifying such domain name In the event Customer
changes service providers; and
D. all third party claims (including claims for intellectual
property infringement) relating thereto, and Customer shall
indemnify and hold REDGLUE harmless from all such claims
and expenses (including legal fees and court costs) related
thereto.
21. Service Levels.
A. Installation .Service Level: This Installation Service Level
applies to.Colocation Space ordered in a REDGLUE premises.
REDGLUE will exercise commercially reasonable efforts to
Ihstail any Cotocation Space on or before the Customer
Commit Date specified for such Colocation Space. This
Installation- Service Levet shall not apply to Service Orders that
contain incorrect information supplied by Customer, Service
Orders that are altered at Customers request after submission
and acceptance by REDGLUE, or Service Orders that require
REDGLUE to configure .Cotocation Space to specifications
other than REDGLUE's standard specifications for Cotocation
Space: In the event REDGLUE does not meet. this Installation
Service Level for a particular Colocation Space for reasons
other than an Excused Outage, Customer will be entitled to a
service credit equal to the charges for one (1) day of the
Monthly recurring charges ("MRC'') for the affected Colocation
Space for each day of delay, up t0 a monthly maximum credit
of seven (7) days.
B. IP Network Availability .Service Level. If the :applicable
Service Order includes IP network bandwidth, the IP Network
Availability Service .Level is 100%. Managed and Core
Colocetion Service is considered unavailable if. a Port is unable.
to send or receive traffic. In the event that the IP network
becomes unavailablefor reasons other than an Excused
Outage, Customer will be entitled to a service credit off of the
Committed Data. Rale MRC for the affected Managed and Core
Coloration Service based upon the cumulative unavailability of
the affected Managed and Core Coloration Service in a given
calendar month as set forth in the following table:
rt;fir3 rnlni'iect#
0:00:01 - 00;10r:00,
tgrarbil'it r3 Nl
i1(e[i
No Credit
0:10:01 00:30:00 2.5%
0:30:01 — 02:00:00 5%
b2:00:01-07:00:00 - — 10%
0740:01 or greater 100%
C. Packet Delivery Service Level. The Packet Delivery
Service Level for Core Coloration is the average number of
Internet Protocol (IP) packets that transit the REDGLUE
network and are delivered to one of REDGLUE's peering
vendors or partners in a calendar month. in the event
REDGLUE does not meet the Packet Delivery Service Level
for reasons other than an Excused Outage, Customer will be
entitled to receive a credit off of the MRC for the affected
Managed and Core Coloration Service set forth in the following
CONFIDENTIAL
MSA#
table:
Service Schedule — Managed and Colocation Service
Version 6.0.4 =•20000901
Packet Delivery
9.00% or more
8.99% or less
$eryic8>L�vQI�:Cred
No Credit
100%
D, Power Availability Service Level. In the event of any
outage of REDGLUE provided Power to the Colocation Space
for reasons other than .Customer actions or omissions,
Customer will be entitled to receive a service credit equal to
the charges for one (1) day of the MRC for the affected
Colocation Space (with a maximum of a one (1) day credit for
all outages In any twenty four (24) hour period).
E. Remote. Hands Response- Time -Service Levet. The
Response Time Service Level for Remote Hands iS as set forth
below. This Response Time Service Level Is measured from
the time. REDGLUE Network Operations Center (NOC)
receives and Togs Customer's request with ail of the necessary
Information requested by REDGLUE, until a REDGLUE
technlclan acts in response to the request. In the event
REDOLUE does not meet the following Response Time
Service Level, Customer wilt be entitled to a service credit
equal to the charges for one (1) day of the MRC for the
affected Colocation Space (with a maximum Of a one (1) day
credit tor all instances of delay in a any twenty tour (24) hour
period, with a total monthly maximum credit of seven.(7) days);
7 a.m. to 6 p.M. (M - F) 015 minutes
:Off -hours, holidays & weekends
15 minutes 1 hour
15 minutes_, 2 hours
CONFIDENTIAL
Redglue Managed Services
Hosting Solution
Page 22 bf 23
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Hosting Solution
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Redglue Managed Services
Hosting Solution
Addendum
Addendum 1.0 to RFP 09-031 Web Hosting
Cost Details
Based on the updated scope, Redglue has determined that the yearly cost and 5 year term costs
can be delivered for the amounts specified below.
Hardware Management (monthly fee)
Server 1 ... $1400.00
Server 2 $1060.00
Server 3 ... $420.00
Server 4 $600.00
Total of Services (monthly fee): $3480.00
First Year $41760.00
Second Year $41760.00
Third Year $41760.00
Fourth Year $41760.00
Fifth Year $41760.00
6 Year Total before Discounts $208800.00
Existing Client Discount 10%
Term Discount (5 Year) 10%
5 Year Total for Contract 16704Q.00
Redglue reserves the right to raise rates based upon the increase in costs associated with
providing the service. At no time will Redglue increase the rate of service by more than 1% in
any given 2 year period. Redglue will notify the City by writing 60 days prior to any rate increase.
The City reserves the right to reject the increase prior to the end of the 60 day period.
The undersigned acknowledges that the information provided by Redglue in this document is a
legitimate Addendum for the Redglue response to RFP 09-031 disclosed by the City of Round
Rock.
Authorizing Officer
Prepared By: Anthony Kukla
Last Revised: 10/16!2009
Signature Date
10/16/2009
DATE: January 7, 2010
SUBJECT: City Council Meeting—January 14, 2010
ITEM: 8A1. Consider a resolution authorizing the Mayor to execute a Website Hosting
Services Agreement with Redglue, Inc.
Department:
Staff Person:
Justification:
Information, Technology and Communications
Daniel Saucedo
The City requests annual website hosting services with Redglue, INC.
Strategic Plan Relevance:
The City requests approval for the purchase of website hosting services from proposed vendor. The
City's external communications website, database applications, Sharepoint Services and FTP services are
managed and maintained from proposed vendor. This agreement will facilitate the implementation of
all seven of the City's strategic initiatives by providing an external communication tool that can be
utilized by our residents, entrepreneurs, business leaders, researchers, and educators as an information
resource.
Funding:
Cost: $167,040.00
Source of funds: General and Utility Funds
Outside Resources (if applicable):
Public Comment (if applicable):
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF WEBSITE HOSTING SERVICES
FROM REDGLUE, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
§
§
§
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of website hosting services, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the iii 1b day
of the month of 3a1ltu.rj , 20 (0, by and between the CITY OF ROUND ROCK,
TEXAS, a home -Vile municipality whose offices are located at 221 East Main Street, Round
Rock, Texas 78664, referred to herein as the "City," and REDGLUE, INC., whose offices are
located at 7212 McNeil Drive, Suite 203, Austin, Texas 78729, referred to herein as the
"Vendor" or "Redglue." This Agreement supersedes and replaces any previous agreements
between the named parties, whether oral or written, and whether or not established by custom
and practice.
RECITALS:
WHEREAS, City desires to purchase website hosting services, and to purchase
associated goods and services, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Request for Proposals" for the provision of said goods
and services, and City has selected the proposal submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Request for Proposals designated RFP 09-031,
Specification Number 09-915-51 dated August 2009; (b) Vendor's Response to RFP; (c)
contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies
or conflicts in the contract documents shall be resolved by giving preference in the following
order:
0112.0904
00177816/jkg
11-10-01--iii-Oik(
(1) This Agreement;
(2) "Addendum 1.0 to RFP 09-031 Web Hosting" attached to Vendor's
Response to RFP;
(3) Vendor's Response to RFP; and
(4) City's Request for Proposals, and such RFP's exhibits and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Redglue, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for five (5) consecutive twelve-month
periods from the effective date hereof, After that term, this Agreement may be renewed for one
(1) term of twelve (12) months, with such renewal to occur on or before the expiration date of
the preceding term, and with such renewal being absolutely predicated upon the express written
agreement of both parties. Such renewal is permitted only provided Vendor has performed each
and every contractual obligation specified in this original Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 PRICING
A. Prices shall be firm for the duration of this Agreement and for any renewal
periods, but only in the event City does not elect to upgrade the equipment referenced in this
Agreement during the initial term and any renewal terms of this Agreement. If City does so elect
2
to upgrade the equipment referenced in this Agreement during the initial term and any renewal
terms of this Agreement, then and in that event Vendor may increase the monthly fees shown on
"Addendum 1.0 to RFP 09-031 Web Hosting," dated 10/16/09, in amounts reflecting the actual
management and hardware replacement costs to Vendor, but such monthly fee increases not to
exceed a 3.5% increase. Vendor may offer price decreases at any time during the initial term or
any renewal terms of this Agreement.
B. The parties expressly agree that the following paragraphs in any of Vendor's
response documents, including addenda, shall be struck and shall be without force and effect:
"Redglue reserves the right to raise rates based upon the increase in costs associated with
providing the service. At no time will Redglue increase the rate of service by more than
1% in any given 2 year period. Redglue will notify the City by writing 60 days prior to
any rate increase. The City reserves the right to reject the increase prior to the end of the
60 day period."
"Redglue reserves the right to raise rates based upon the increase in costs associated with
providing the service. At no time will Redglue increase the rate of service by more than
1.5% in any given 2 year period. Redglue will notify the City by writing 60 days prior to
any rate increase. The City reserves the right to reject the increase prior to the end of the
60 day period."
C. The parties expressly agree that "Addendum 1.0 to RFP 09-031 Web Hosting,"
dated 10/16/09, completely replaces "Cost Details," Page 10 of Redglue's original Response to
RFP attached hereto as a portion of Exhibit "A."
D. The parties expressly agree that City shall have the sole and unfettered right to
exercise the option with Vendor to replace City's existing servers at any time during the term of
this Agreement. In the event that City opts to replace City's existing servers with equipment
matched in similarity to the equipment specifications existing at the time of execution of this
Agreement or matched in similarity to the equipment specifications delineated under "Scope of
Managed Services" on Pages 7 and 8 of Redglue's original Response to RFP attached hereto as a
portion of Exhibit "A," the following proposed prices shall apply:
Hardware Equipment (one-time fee and setup)
Server 1
Server 2
Server 3
Server 4
$3,640.00
$2,860.00
$1,180.00
$2,060.00
However, in the event that City opts to replace City's existing servers with
equipment that exceeds the equipment specifications existing at the time of execution of this
Agreement or that exceeds the equipment specifications delineated under "Scope of Managed
Services" on Pages 7 and 8 of Redglue's original Response to RFP attached hereto as a portion
of Exhibit "A," Vendor may price such upgraded equipment to City at actual cost at the time.
3
Further, the parties expressly agree that City shall have the sole and unfettered
right to exercise the option with Vendor to add an additional server at any time during the term
of this Agreement. In the event that City opts to add an additional server matched in similarity to
the equipment specifications existing at the time of execution of this Agreement or matched in
similarity to the equipment specifications delineated under "Scope of Managed Services" on
Pages 7 and 8 of Redglue's original Response to RFP attached hereto as a portion of Exhibit
"A," the following proposed price shall apply:
Optional Server 5 (Dedicated Database) $3,920.00
However, in the event that City opts to add an additional server that exceeds the
equipment specifications existing at the time of execution of this Agreement or that exceeds the
equipment specifications delineated under "Scope of Managed Services" on Pages 7 and 8 of
Redglue's original Response to RFP attached hereto as a portion of Exhibit "A," Vendor may
price such upgraded equipment to City at actual cost at the time.
4.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the services and/or goods as
outlined in RFP 09-031, Specification Number 09-915..51 dated August 2009, and Response to
RFP submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof
for all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the RFP and as offered by Vendor in its Response to
the RFP.
The services and/or goods which are the subject matter of this Agreement are described
in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are
fully a part of this Agreement as if repeated herein in full,
5.01 ITEMS AWARDED
All items on Exhibit "A" are awarded to Vendor.
6.01 COSTS
Costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
4
8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
govermnental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
5
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the services and/or goods as specified, City reserves the right
and option to obtain the products from another supplier or suppliers.
14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached RFP 09-031 (including all
attaclunents and exhibits), and its response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Arnold Wells
Web Administrator
IT Department
221 East Main Street
Round Rock, Texas 78664
512-218-7075
awells@round-rock.tx.us
16.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
6
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
17.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified services and/or goods elsewhere, Vendor agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be considered in future bids for the same type of work unless the scope of
work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
7
19.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
To the extent allowable by law, City shall defend (at the option of Vendor), indemnify,
and hold Vendor, its successors, assigns, officers, and employees harmless from and against all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and
any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault
of City, or City's agents, employees or subcontractors, in the performance of City's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of Vendor or City (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Redglue, Inc.
7212 McNeil Drive, Suite 203
Austin, TX 78729
8
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
24.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
25.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section I-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision hereof void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
9
27.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Redglue, Inc.
By:
Printed Name: Mat& M CrAAA/
Title: t/ptY-
Date Signed: t.14. 0
For City, Attest:
By: Q1010 --
Sara L. White, City Secretary
For Ci , Approved as to Forni:
By:
Steph
L. Sheets, City Attorney
By:
Print d ame: y
Title: r7 7 -
Date Signed:l�'_ /o - /2
10
EXHIBIT "A"
City of Round Rock Request for Proposals No. RFP 09-031
City of Round Rock Specification No. 09-915-51 dated August 2009
Redglue's Response to RFP 09-031
Redglue's Addendum 1.0 to RFP 09-031 Web Hosting
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
City of Round Rock
Request for Proposals
Website Hosting
PART I
GENERAL
1. PURPOSE
The City of Round Rock, Texas seeks proposals from qualified Respondents to provide Internet Web Hosting as a
communications tool with services such as email, web pages, uploads and downloads via always -on computing
networks. The City herewith requests proposals for these services from interested companies (Vendors) as
described in the attached specifications. The Vendor must submit a RFP for all areas and show an integrated
approach with respect to services and support, The City requires that any proposal describe the process to
seamlessly transfer all existing data,
2. BACKGROUND:
The City has a diverse and growing population that needs to be served by a robust communication capability. The
web hosting service will provide the platform for reliable and easy to use, attractive and flexible interface allowing
City personnel to post information on any and all websites while extracting information from websites for use
within private networks while protecting and exchanging private and sensitive information. Current server
capabilities include applications, public websites and podcasting, SharePoint and FTP. Additionally, the migration
of existing systems will need to be included.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal
document:
3,1 Addendum — A written document issued by the City that modifies or clarifies the solicitation prior to the
due date.
3.2 Agreement — (sometimes referred to as a Contract) A mutually binding legal document obligating the
Vendor to furnish the goods, equipment or services and obligating the City to pay for it. The Contract
includes, without limitation, the Solicitation, the Offer submitted in response to the Solicitation, the
Contract award, the Standard Purchase Terms and Conditions, Supplemental Terms and Conditions if
any, Specifications, and any addenda and amendments thereto. Any inconsistency or conflict in the
Contract documents shall be resolved by giving precedence in the following order:
3.2.1 any exceptions to the Offer accepted in writing,
3,2.2 the Supplemental Purchase Terms and conditions,
3.2,3 the Standard Purchase Terms and Conditions,
3.2.4 the Offer, exhibits, and attachments; within the Offer, drawings (figured dimensions shall govern
over scaled dimensions) will take precedence over specifications or scope of work.
3.3 Authorized City Representative — A person designated to act for the City.
3.4 City — Identifies the City of Round Rock, Travis and Williamson County, Texas.
3.5 Deliverables - The goods, products, materials, and/or services to be provided to the City by Respondent if
awarded the agreement.
3.6 Delivery Date — The date goods are to be delivered at the designated City destination point and/or the start
date of installation services.
3.7 Effective Date — The date an Agreement is signed by both parties following award,
3.8 Goods - Represent materials, supplies, commodities and equipment.
3.9 Improvement — Describes any work or modification to City property that adds to the overall value of the
property.
3.10 Late Offer - A Bid, Proposal, Quote, Response, or Submittal that is received after the Due Date and time
specified in the Solicitation.
3.11 Offer — (Sometimes referred to as a Response) A complete, properly signed response to a Solicitation that
if accepted, would bind the Respondent to perform the resulting contract.
3.12 piggyback Contract - A term used to identify contract/agreement or purchase order that has been
competitively bid in accordance with State of Texas statutes, rules, policies and procedures and has been
extended for the use of state and local agencies and active State of Texas CO-OP entities.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
3.13 Pre-Bid / Proposal / Quote / Response / Submittal Conference - A conference conducted by the Contract
Awarding Authority, held in order to allow Offerors and Vendors to ask questions about the proposed
Contract and particularly the Contract specifications.
3.14 Professional Services - Services that use skills that are predominantly mental or intellectual, rather than
physical or manual such as accounting, architecture, land surveying, law, medicine, optometry,
professional engineering, etc.
3.15 Proposal - Complete, properly signed response to a Solicitation that if accepted, would bind the
Respondent to perform the resulting contract.
3.16 Proposer/Respondent - Identifies individuals and/or persons representing entities that submit a proposal
and consider themselves qualified to provide the goods, equipment or services. .
3.17 Purchase Order - An order placed by the Purchasing Office for the purchase of Goods or Services written
on the City's standard Purchase Order form and which, when accepted by the Respondent, becomes a
contract. The Purchase Order is the Respondent's authority to deliver and invoice the City for Goods or
Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price.
3.18 Request for Proposal (RFP) - A solicitation used to acquire goods and/or services when a clearly defined
scope of work or specification is not available.
3.19 Services - Work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and
their ability to comply with promised delivery dates, specification and technical assistance specified.
3.20 Solicitation - As applicable, includes Invitation for Bid, Request for Proposal, Request for Qualification
Statements, Request for Quotation, Request for Quotation — Sale, Request for Information, Request for
Interest, or such other request as defined by the City.
3.21 Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if
such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a contract with the City.
3.22 Vendor (Sometimes referred to as Contractor) - A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or
purchase order.
4. CONFLICT OF INTEREST:
4.1 Effective March 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that
any vendor or person considering doing business with a local government entity disclose the vendor or
person's affiliation or business relationship that might cause a conflict of interest with a local government
entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethlcs.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by
hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
4.2 Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically
result in the disqualification of the Respondent's proposal.
5. CITY CONTACT:
5.1 All responses to this Request for Proposals (RFP), questions, clarifications or requests for general
information are to be directed to:
Charles Green - Purchaser
221 E Main St
Round Rock, TX 78664
Fax (512) 218-7028; Telephone (512) 218-6682
coreenc round-rock.tx.us
5.2 The individual above may be contacted for clarification of the specifications of this Request for Proposals
only. No authority is intended or implied that specifications may be amended or alternates accepted prior
to closing date without written approval of the City. Under no circumstances will private meetings be
scheduled between Respondents and City staff.
6. EX PARTE COMMUNICATION:
6.1 Please note that to insure the proper and fair evaluation of a proposal, the City prohibits ex parte
communication (Le., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
considering the proposals prior to the time a formal decision has been made. Questions and other
communication from Respondents will be permissible until 5:00 p.m. on the day specified as the deadline
for questions. Any communication between Respondent and the City after the deadline for questions will
be initiated by the appropriate City Official or Employee in order to obtain information or clarification
needed to develop a proper and accurate evaluation of the proposal. Ex parte communication may be
grounds for disqualifying the offending Respondent from consideration of award of the solicitation then in
evaluation, or any future solicitations.
PART II
GENERAL SOLICITATION INFORMATION AND INSTRUCTIONS
1. PROPOSAL SCHEDULE:
1.1 It is the City's intention to comply with the following proposal timeline:
1.1.1 Request for Proposals released
1.1.2 Deadline for questions
1.1.3 City responses to all questions/addendums
1.1.4 Responses for RFP due by 3:00 p.m.
August 26, 2009
September 9, 2009
September 14, 2009
September 30, 2009
1.2 All questions regarding the RFP shall be submitted in writing by 3:00 p.m. by September 9, 2009.
A copy of all the questions submitted and the City's response to the questions should be posted on our
webpage, htto://www.roundrocktexas.00v/bids . Questions shall be submitted to the City contact named
in Part 1-5.1 above.
NOTE: These dates represent a tentative schedule of events. The City reserves the right to modify these
dates at any time, with appropriate notice to prospective Respondents through notification on our
webpage and email.
1.3 Addendums or Changes: All formal Solicitations and any Addendums, Amendments or Changes to said
Solicitations are posted on the City's website at htto://www.roundrocktexas.gov/bids . We recommend all
prospective bidders monitor the City's web site for any such updates to Solicitations. Failure to sign and
include all issued addendums will disqualify submitted bids and proposals.
2. PROPOSAL DUE DATE:
2.1 Signed and sealed proposals are due no later than 3:00 p.m., September 30, 2009 to the Purchasing
Office. Mail or deliver sealed proposals to:
City of Round Rock, Texas
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
2.2 Proposals received after this time and date will not be considered.
2.3 Late Proposals will not be considered and Respondents will be notified as such.
2.4 Sealed proposals should be clearly marked on the outside of packaging with the RFP title, number, due
date and "DO NOT OPEN".
2.5 Facsimile or electronically transmitted proposals are not acceptable.
2.6 Proposals cannot be altered or amended after closing date. Any Alterations made before due date shall be
initialed by Offeror or an authorized agent. No offer can be withdrawn after due date without approval of the
City based on a written acceptable reason.
3. PROPOSAL SUBMISSION REQUIREMENTS: Interested and qualified Respondents shall:
3.1 Sign the proposal document(s) as required in permanent ink.
3.2 Submit one (1) executed (signed) original and four (4) copies of each proposal.
3.3 State the full name and address of your organization, include the name, address, and telephone number
of the person in your organization who has primary responsibility for developing this response and to
whom technical questions may be addressed.
3.4 Include a list of all deliverables covered by your response.
3.5 Include a detailed implementation plan, including training, if any is deemed necessary.
Page 3 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
3.6 Pricing Details: Itemize product and service costs. Prices quoted shall be separated between application
support and hosting. if a trade discount is shown on offer, it should be deducted and net line extensions
shown. Respondent guarantees product offered will meet or exceed specifications identified in this
solicitation.
3.7 Offer unit price on quantity and unit of measure specified, extend and show total. In case of errors in
extension, unit prices shall govern. Offers subject to unlimited price increase will not be considered.
3.8 Price quotations are to include the furnishing of all materials, equipment, maintenance and training
manual, tools, and the provision of all labor and services necessary or proper for the completion of the
services.
3.9 Offer shall be F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the solicitation. If
otherwise, show exact cost to deliver.
3.10 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in offer.
3.11 Offer shall be firm for acceptance at least ninety (90) business days from closing date.
3.12 Detail the level of assistance and involvement of City personnel and any space/facility requirements
necessary to perform the service.
3.13 Clearly list any exceptions to any solicitation terms and specifications.
3.14 Include a representative list of projects of a scale and complexity similar to the project being considered
by the City. The list should include the project location, client, services provided by your firm for the
project, term of services and an owner contact name.
3.15 Include a signed copy of Request for Proposal Addendum, if any.
3.16 On Attachment B, provide the name, address, telephone number and point of contact of at least four (4)
clients who have utilized the same or similar services within the last three (3) years. References may be
checked prior to award. Any negative responses received may result in disqualification from
consideration for award. Failure to include references with submittal may result in disqualification from
consideration for award.
3.17 Identify any subcontractors to be used for this project. Experience, qualifications and references of the
subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
4. DISCLOSURE OF LITIGATION:
4.1 Each Respondent shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Respondent or in which the Respondent has been judged guilty.
5. CONFIDENTIALITY OF CONTENT:
5.1 All proposals submitted in response to this RFP shall be held confidential until a contract is awarded.
Following the contract award, proposals are subject to release as public information unless the proposal
or specific parts of the proposal can be shown to be exempt from the Texas Public Information Act.
Respondents are advised to consult with their legal counsel regarding disclosure issues and take the
appropriate precautions to safeguard trade secrets or any other proprietary information. The City
assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents.
5.2 If a Respondent believes that a proposal or parts of a proposal are confidential, then the Respondent
shall so specify. The Respondent shall stamp or mark in bold red letters the term "CONFIDENTIAL" on
that part of the proposal, which the Respondent believes to be confidential. Vague and general claims as
to confidentiality shall not be accepted. All proposals and parts of proposals that are not marked as
confidential will be automatically considered public information after the contract is awarded.
6. CLARIFICATION OF PROPOSALS:
6.1 The City reserves the right to request clarification or additional information specific to any proposal after
all proposals have been received.
6.2 The City may, at its discretion and at no fee to the City, invite any Vendor to appear for questioning during
response evaluation for the purpose of clarifying statements in the response.
7. PROPOSAL PREPARATION COSTS:
7.1 All costs directly or indirectly related to preparation of a response to an RFP or any oral presentation
required to supplement and/or clarify a Proposal which may be required by the City shall be the sole
responsibility of the Respondent.
Page 4 of 14
PART III
EVALUATION AND AWARD
1. EVALUATION CRITERIA:
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
1.1 All proposals received shall be evaluated based on the best value for the City. In determining best value,
the City may consider:
1.1.1 Price;
1.1.2 Reputation of the Respondent and of Respondent's goods and services;
1.1.3 The quality of the Respondent's goods or services;
1.1.4 The extent to which the goods or services meet the City's needs;
1.1.5 Respondent's past relationship with the City;
1.1.6 The total long-term benefit to the Municipality to acquire the Respondent's goods or services; and
1.1.7 Any relevant criteria specifically listed in the solicitation.
2. EVALUATION PROCESS:
2.1 A team comprised of City Staff and others as appropriate will review the responses to the RFP.
2.2 At the City's sole discretion, interviews and/or demonstrations may be conducted with any Respondent to
discuss their qualifications, resources and ability to provide the service specified.
2.2.1 Upon completion of the evaluation, the selection team may recommend a Respondent for award
of the project or service identified.
2.2.2 An agreement with the recommended respondent may then be negotiated. This process will be
completed with the City Council's authorization to the Mayor for the execution of the agreement or
the execution of the agreement by the City Manager.
2.3 The City reserves the right to negotiate with any and all Respondents.
2.4 The City also reserves the right to reject any or all proposals, or to accept any proposal deemed most
advantageous, or to waive any irregularities or informalities in the proposal received and to revise the
process as circumstances require. Split awards may be made at the sole discretion of the City.
2.5 In the case of tie bids & resulting evaluation, the award will be made in accordance with Section 271.901
of the Texas Local Government Code.
3. CONTRACT NEGOTIATIONS: The City reserves the right to use the following procedure to award a contract:
3.1 Review all proposals and determine which Respondents are reasonably qualified for award of the
contract.
3.2 Ask those reasonably qualified to make oral presentations regarding their proposal.
3.3 Determine the Respondent whose proposal is most advantageous to the City considering the evaluation
criteria contained in Part I11-1.1 above.
3.4 Attempt to negotiate with the most responsive Respondent a contract at fair and reasonable terms,
conditions and cost.
3.5 If negotiations are successful, enter into a contract or issue a purchase order.
3.6 If not successful, formally end negotiations with that Respondent.
3.7 Select the next most highly qualified Respondent and attempt to negotiate a contract at fair and
reasonable terms, conditions and cost with that Respondent.
3.8 The City shall continue this process until a contract is entered into or all negotiations are terminated.
3.9 If during oral presentations there is a need for any substantial clarification of or changes in the Request
for Proposal, the Request may be amended to incorporate such clarification or change. Any clarifications
or changes shall be communicated to all Proposers submitting proposals. Each Proposer, if they so
choose, may submit their "Best and Final" proposal based on the Request for Proposal as amended. The
procedure to award a contract will be repeated. Proposers are hereby informed that if they do not submit
a notice of withdrawal or another best and final offer, their immediate previous proposal will be considered
as their best and final proposal.
4. AWARD OF CONTRACT: A response to a solicitation is an offer to contract with the City based upon the terms,
conditions, and specifications contained in the solicitation. Offers do not become agreements unless and until they
are accepted by the City through its designees and a purchase order is issued. The agreement shall be governed,
construed, and interpreted under the Charter of the City and the laws of the State of Texas. All agreements are
subject to the approval of the City Council or the City Manager.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
PART IV
SCOPE OF SERVICE
1. SCOPE:
The City is seeking a turnkey solution for Internet Web Hosting that will provide secured and unsecured two-way
communications between City personnel, vendors, customers and residents.
2. RESPONDENT QUALIFICATIONS: The Respondent shall provide information covering its experience and
qualifications which enable it to provide a web hosting solution:
2.1 Have a minimum of five (5) years experience providing web hosting services.
2.2 Be firms, corporations, individuals or partnerships normally engaged In the sale and distribution of
commodity or providing the services as specified herein.
2.3 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to
the City.
2.4 A brief history of the Respondent's company including incorporation and ownership and its experience.
2.5 Details of any cancellation of contract for non-performance of the Respondent in the past five (5) years.
3. TECHNICAL EXPERTISE: Proposer shall list specific expertise in the following categories:
3.1 Programming languages
3.2 Scripting languages
3.3 Server operating systems
3.4 Databases
3.5 Web servers
3.6 Application servers
3.7 Multimedia, streaming video and graphics
3.8 Business skills
3.9 Web browers
3.10 Microsoft SharePoint
3.11 Define the City's expected role and/or responsibilities
3.12 identify regulatory requirement capabilities
4. SUPPORT: Describe all support capabilities including but not limited to:
4.1 Server status information; proactive monitoring.
4.2 Support for applications hosted on the servers.
4.3 Day/time of support availability.
4.4 Describe each method of available support: help desk, toll-free, phone, email, chat.
4.5 Live telephone support hours of operation.
4.6 Critical and non-critical response time guarantee; include copy of your SLA.
4.7 State minimum guaranteed response to service requests (expected within two (2) hours).
4.8 Vendor shall not have more than three (3) major complaints of substandard performance received in the
same month. The City retains the right to determine what constitutes a major complaint
5. SERVICE RESPONSIBILITIES: The Vendor shall perform according to duties and responsibilities contained in
this specification, including, but not limited to the following:
5.1 Web Hosting:
5.1.1 Define, describe and price dedicated hosting.
5.1.2 Secure and non -secure hosting for all City departments and personnel.
5.1.3 Secure and non -secure private and public portals, including FTP capabilities.
5.1.4 eCommerce capabilities.
5.1.5 Dedicated email notification servers; SMTP relay.
5.1.6 Dedicated database servers.
5.1.7 Video, audio, documents, images and text content.
5.1.8 Streaming: Live or "on -demand" download of video or audio files.
5.1.9 Multi-location/multi-server redundancy to maximum up -time.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
5.1.10 Define how up -time is measured, tracked, reported and guaranteed.
5.1.11 Unscheduled and scheduled outage management.
5.1.12 Define system backup plan, security, hardware mirroring and redundancy of servers.
5.1.13 Restoring data from backups.
5.1.14 Disaster recovery.
5.1.15 Firewall and IP filtering.
5.2 Application Support:
5.2.1 Access to development personnel to trouble -shoot hosted applications.
5.2.2 Custom code development, including provisioning of like code.
5.2.3 Third party code development to assist with application creation or programming issues.
5.2.4 Specify the day/time of available access.
5.2.5 Specify the hours included at no charge per month and price per hour exceeding allotted.
5.3 Operational Features:
5.3.1 Describe data center location, including dual site capability.
5.3.2 Describe network fiber.
5.3.3 Describe server room physical characteristics, including:
5.3.3.1 Flooring
5.3.3.2 Access control
5.3.3.3 Smoke detection/fire suppression
5.3.3.4 Video surveillance
5.3.3.5 HVAC, humidity controls
5.3.3.6 Power backup, including generators, UPS
5.3.3.7 Power circuits
5.3.4 Describe routers and switch configurations.
5.3.5 Describe server rack/cabinets.
5.3.6 Describe each server that would be used for City data.
5.3.7 Describe maintenance procedures.
5.4 Be responsible and liable for the safety, injury and health of its working employees while its employees
are performing service work.
5.5 Assign a primary contact person to serve as a contact to both City staff and City residents for the duration
of the agreement and extension periods.
PART V
TERMS AND CONDITIONS
1. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five (5) consecutive twelve-
month periods of time from the effective date and shall remain in full force and effect unless and until it expires by
operation of the term stated or until terminated or extended as provided herein. The City reserves the right to:
1.1. Renew the agreement for one (1) additional period of time not to exceed twelve months provided both
parties agree.
1.2. Review the following at the end of each twelve-month review period or renewal, or at any time during the
term of the Agreement should circumstances warrant:
1.2.1. Vendor performance
1.2.2. Price
1.2.3. Continuing need
1.2.4. Advancements in technologies and or service
1.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
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RFP 09.031
Specification Number 09-915-51
Dated: August 2009
2. AGREEMENT CONTACT: All work performed under this agreement will be supervised and verified by the City
representative(s) noted below.
Arnold Wells at (512) 218-7075
3. PRICE: The agreement price shall be firm for the duration of the agreement or extension periods except as
provided for in paragraph below. No separate line item charges shall be permitted for either bidding or invoice
purposes, which shall include equipment rental, demurrage, and cost associated with obtaining permits or any
other extraneous charges.
4. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in goods or
services In accordance with the Producers Price Index located at htto://stats.bls.gov/ppi/home.htm . Any price increase shall
be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The
vendor may offer price decreases in excess of the allowable percentage change.
5. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement which causes
the City to purchase the goods or services elsewhere may be charged the difference in price if any and shall not
be considered in the re -advertisement of the service and may not be considered in future solicitations for the
same type of work unless the scope of work is significantly changed.
6. ASSIGNMENT AND SUBCONTRACTS: Nothing in this Agreement shall be assigned or subcontracted by the
Vendor without the prior written consent of the City.
7. CANCELLATION: The City reserves the right to cancel the Agreement for its sole convenience and without
penalty by providing 30 days prior written notice to the other party. Upon receipt of any such cancellation notice,
Vendor shall immediately stop all work and also cause its suppliers and subcontractors to stop work. Vendor shall
provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for
a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not
relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: An Agreement is
subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with
contractual obligations.
8. CODES, PERMITS AND LICENSES: The Vendor shall comply with all National, State and Local standards,
codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as
other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of
the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of
these authorities. The Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses
to fulfill contractual obligations (City of Round Rock fees and costs will be waived).
9. CHANGES: The City shall have the right at any time to make changes within the scope of the Agreement. If any
such changes cause an increase or decrease in the cost or the time required for performance, an equitable
adjustment shall be made by mutual consent and the Agreement modified in writing accordingly.
10. COMPLIANCE WITH LAWS: The Vendor shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in
any matter affecting the performance of the resulting agreement, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and
regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance.
11. DEVIATIONS FROM SPECIFICATIONS: All deviations from the specifications must be noted in writing, in detail
by the proposer at the time of submittal of the proposal. The absence of a written list of specification deviations
will hold the proposer strictly accountable to the specifications as written. Any deviations from the specifications
as written not previously submitted, as required, will be grounds for rejection of the materials/goods/services
and/or equipment when delivered.
12. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance with the Laws of
the State of Texas.
13. GRATUITIES AND BRIBES: The City, by written notice to Vendor, cancel any Agreement without liability to
Vendor If it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Vendor or its representatives to any City officer, employee or elected representative with
respect to the performance of this Agreement.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
14. INDEMNIFICATION: The Vendor shall indemnify, save harmless and exempt the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, attorney fees and any and all other costs or fees incident to any work done as a result
of this quote and arising out of a willful or negligent act or omission of the successful Respondent, its officers,
agents, servants, and employees; provided, however, that the successful Respondent shall not be liable for any
suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees arising out of a
willful or negligent act or omission of the City, It's officers, agents, servants and employees, or third parties.
15. INSURANCE: The Vendor shall meet or exceed ALL insurance requirements set forth by the City as identified in
Attachment A to the specifications. Any additional insurance requirements of participating or cooperative parties
will be included as subsequent Attachments and shall require mandatory compliance.
16. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the opportunity to
purchase off of the City of Round Rock's solicitation, with the consent and agreement of the successful vendor(s) and
the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this
clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree
that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and
that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
17. LIENS: The Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the
City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
18. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It Is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if
the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities,
as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving
Vendor a written notice of termination at the end of its then current fiscal year.
19. OMMISSIONS: Omissions in the proposal of any provision herein described shall not be construed as to relieve
the Vendor of any responsibility or obligation to the complete and satisfactory delivery, operation, and support of
any and all equipment or services.
20. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of
patents or copyrights.
21. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION: The City shall have the right to
reproduce any and all manuals, documentation, software or other information stored on electronic media supplied
pursuant to the agreement at no additional cost to the City, regardless of whether the same be copyrighted or
otherwise restricted as proprietary information; provided, however, that such reproductions shall be subject to the
same restrictions on use and disclosure as are set forth in the agreement. The awarded Respondent agrees to
execute any non-exclusive copyright assignments or reproduction authorizations that may be necessary
for the City to utilize the rights granted in this subparagraph.
22. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES: The Vendor shall not sell, transfer or assign
the service required by this agreement without the prior written consent of the City. The agreement and the
monies which may become due are not assignable, except with the prior written approval of the City.
23. SEVERABILITY: If any provision of this Agreement shall be determined to be unenforceable or illegal, such
provision shall be deemed severed from the remaining provisions, which shall be valid and enforceable.
24. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall
lie in Williamson County.
25. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or
subcontractor's employees while in the performance of the service is prohibited. Violation of this requirement
shall constitute grounds for termination of the service.
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RFP 09-031
Specification Number 09-915-51
Dated: August 2009
26. INDEPENDENT CONTRACTOR:
26.1. It is understood and agreed that the Contractor shall not be considered an employee of the City.
26.2. The Vendor shall not be within protection or coverage of the City's Worker' Compensation insurance,
Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
PART VI
PAYMENT
1. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified
within this time frame if the service provided is not in full compliance with the project scope. If any service is
canceled for non-acceptance, the needed equipment or service may be purchased elsewhere and the vendor
may be charged full increase, if any, in cost and handling.
2. INVOICING: The total billed for the project shall not exceed the agreed-upon fixed price sum. Vendor shall
submit one original and one copy of each invoice monthly referencing the assigned Purchase Order number to
the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
3. OVERCHARGES: Contractor hereby assigns to Purchaser any and all claims for overcharges associated with this
purchase which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under
the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq.
4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day, on which the
City receives a correct invoice for the service, whichever is later. The Contractor may charge a late fee (fee shall
not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt
payment policy; however, this policy does not apply to payments made by the City in the event:
4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
4.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which
caused the payment to be late; or
4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
contract or other such contractual agreement.
Page 10 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase
order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work as a result of this bid by the successful
bidder, its agents. representatives, volunteers. employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be fumished to the City and approved by the City before work
commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence
basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3,5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits
for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and
Property Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability
Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all
endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy
terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation
binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the
Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance
endorsements stated below.
1.5. Vendor agrees that with respect to the required Insurance, all Insurance contracts and certificate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following provisions:
1.5.1. Provide for an additional Insurance endorsement clause declaring the Vendor's insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of
each insured may appear) as to all applicable coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents,
or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for
injuries, including death, property damage, or any other loss to the extent same may be covered by the
proceeds of insurance.
Page 11 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order
number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City In the event of any change in coverage and shall give such notices not less than
thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of
Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing
services on building or construction projects for a governmental entity.
2.1.1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of
whether that person contracted directly with the CONTRACTOR and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. °Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the
project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the
OWNER showing that coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the protect, so the OWNER will have on file
certificates of coverage showing coverage for all persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year
thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days
after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage
of any person providing services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas
Workers' Compensation Commission, Informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,
to:
Page 12 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for
all its employees providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on a project, for
the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project;
and
2.10.3.1.2. a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, If the coverage period shown on the current certificate of
coverage ends during the duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after
the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs
(A thru 0), with the certificates of coverage to be provided to the person for whom they are
providing services.
2.10.3.5. By signing the solicitation associated with this specification, or providing, or causing to be
provided a certificate of coverage, the Contractor is representing to the Owner that all
employees of the Contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, In the case of a self -Insured,
with the Commission's Division of Self -Insurance Regulation. Providing false or misleading
information may subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor that entitles the Owner to declare the contract void if the Contractor does not
remedy the breach within ten calendar days after receipt of notice of breach from the owner.
Page 13 of 14
RFP 09-031
Specification Number 09-915-51
Dated: August 2009
ATTACHMENT B
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: RFP 09-031 — WEB HOSTING
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point of contract of at least four (4) firms that have utilized similar
service for at least three (3) years. References may be checked prior to award. Any negative responses received may
result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Fax Number (
Fax Number (
Fax Number (
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE
MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FROM AWARD.
Page 14 of 14
Redglue Managed Services
Hosting Solution
City of Round Rock, Texas
RFP 09-031 WEB HOSTING
Prepared by:
Anthony Kukla
Redglue, Inc.
7212 McNeil Drive Suite 203
Austin, TX 78729
(512) 453-6933
Technical Contact:
Anthony Kukla
Redglue, Inc.
(512) 453-6933
(512) 567-6676 (m)
The undersigned acknowledges that the information provided by Redglue in this proposal is a
legitimate response for the RFP 09-031 disclosed by the City of Round Rock. This response is
valid for 120 business days from the signature date below.
Authorizing Officer Signature Date
Anthony Kukla
Redglue Managed Services
Hosting Solution
Page 2of23
Table of Contents (List of Deliverables)
Table of Contents (List of Deliverables) 2
Executive Summary 3
Company Information 4
Scope of Managed Services 5
Implementation Plan 9
Cost Details 10
Similar Projects 11
Experience 12
Attachment B -13
Technical Expertise 14
Support r., 15
Service Level Agreement 16
Master SLA 17
Data Center Pictures 22
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Page 3 of 23
Executive Summary
The purpose of this response is to provide a turnkey solution for Internet Web Hosting to the City
of Round Rock. The solution will provide a method of communication between City personnel,
vendors, customers, and residents. A focus on network infrastructure, hardware, management,
and expertise will be utilized to realize the Intended result. All elements will be provided with
robust security, redundancy, monitoring, and 365/24/7 support,
The Service Level Agreement (SLA) will provide an uptime availability backbone. All services will
be offered around this SLA and include a 100% network uptime guarantee, a 99.9% hardware
guarantee, and a one (1) hour hardware replacement guarantee.
Redglue has prepared this summary of the implementation based on the following sources:
• RFP 09-031
• Audit of Requirements
• Review of questions/answers
• Redglue's Experience
Redglue is well positioned to provide a competent hosting solution. We possess a unique
combination of network expertise, creative capabilities, and systems development and
management experience.
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Page 4 of 23
Company Information
HISTORY
-.`"/ 1_1" 11-111,
Launching a vision of delivering business solutions using combined Internet technologies,
Redglue was conceived by Anthony Kukla in 1999 and Incorporated In the State of Texas in April
of 2000. Mr. Kukla, a graduate of Texas A&M University (Information and Operations
Managernent, MIS) utilized his experience to create and deliver a turnkey services offering.
The original offering of Web site development and hosting services soon grew to include business
and network consultation, managed hosting services, and application development, as Institutions
like Arium, Hearst, AutoNation and the Texas Oil and Gas Association expanded the Redglue
client base. By 2001, Redglue had established an annual growth rate of over 300% per year by
fostering long-term partnerships with leaders In a diverse spectrum of industries. As a result, all of
our first clients are still our clients.
today, Redglue realizes continued growth and operational profit through a focus on Web site
development, redundant hosting, applications integration, and superior support Our high client
retention rate speaks to the return on investment our services represent as we expand our
competencies in the latest software, technology, and the business applitation of each.
PHILOSOPHY
Redglue provides the strategic, interactive, and digital technology solutions that make our Clients
the most successful on the Internet, Our commitment is to prepare today's institutions to meet
the challenges of tomorrow. We strive to offer a reliable and cost effective alternative to in house
resources for Internet development and management,
Through unparalleled support, strategic analysis, solution design, and technology implementation
we transform Web objectives into realities. By utilizing current technologies, we focus on
integrating the competencies in the tangible world to the virtual world of the Internet, We discover
information to generate a conceptual framework, and transform it into the ideal Web environment.
Redglue is•an excellent place to work and provides a professional environment, which is
challenging, rewarding, creative, and respectful of ideas and individuals, Redglue ultimately
provides excellent value to its clients and fair reward to its owners and employees,
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Page 5 of 23
Scope of Managed Services
Conclusions
After auditing available Information provided by the City of Round Rock we have determined the
following recommendations for the server implementation and management.
Data Center Information
Located in northwest Austin, TX, the datacenter provides fully redundant electrical power, multiple
connections to the Internet Backbone via multiple providers using multiple entry OC -based fiber
connections, custom BGP4 routing using redundant Cisco routers and switches resulting in no
single point of failure.
In addition to 24x7 controlled customer access via keycards and biometric scanner; the facility
utilizes closed-circuit video surveillance to ensure the utmost in security.
Network Operations Features
1. Raised flooring
2, Redundant router and switch HSRP configuration
3. VESDA smoke detection
4. Secure access keycards
5. Biometric scanner
6. Video surveillance
7. Liebert HVAC system
8. Multiple automatic diesel generators
9. Liebert"and APC battery backups
10. Standard 20/30a 110v power
11. 208v, additional 110v 20/30a or custom circuits available
12. Network powered by Cisco
13. Lockable, secure rack cabinets
14. Cabinet sizes range from 1/3,112, and.1 full 44U rack
15. Telco friendly facility"
16. Corhplirnentary Hands and Eyes
17. Experienced, an -site staff
18. Customer staging area
Included Services
1. 24/7/365 unlimited access to support personnel
.2. Managed Multi -homed, Tier -1 network.
3. Data center with redundant power and HVAC systems
4. 100% Network Uptime
5. 1 -Hour Hardware Replacernent
6. Dedicated Account Manager and Business Development Consultant
7. Server and application monitoring (ports and services)
-8. Immediate response to Monitoring Down Events
9, Service Alerts
10, Online Ticketing
11. Bandwidth Utilization
12. Licensing on key components
13. Unlimited Sys Admin troubleshooting
14. Optional high availability server capabilities
15. Automated OS patching
16. Scheduled OS patching
17. Managed Network -based Intrusion Detection
Redgiue.Managed Services
Hosting Solution
Page 6 of 23
18. Managed firewall
19. Server compromise checks
20. Regular security audits
included Configurations
1. Bandwidth: Dual Fast Ethernet (10/100/1000 Mb)
2. Managed Backup
3. DNS Management: 25 Zones
4. Private LAN: Enabled
5: IP Space: /29 Network - 5 Useable IPs
6. IP Monitoring: Enabled
7. Security Monitoring: Enabled
8. Firewall Service: Enabled
9. Load Balancing: Enabled
Additional Options
1. Firewall Service Direct Rules
2. Automatic Transfer Switch (ATS)
3. Failover Primary, Secondary, and Tertiary DNS
The service provided to the "city is an array of servers that provide Web, FTP; Database,
Application, Email (SMTP) and SharePornt. The configuration, setup, maintenance, and support
associated with the servers is included with the service. Third party applications or custom
applications will be managed and monitored by the City however assistance with installation,
support, and monitoring will be provided. With all managed service contracts, Redglue will
provide any necessary additional training, remote access, and on-site access as needed.
Redglue will also provide application assistance and application software support for the third
party and custom code located on theservers maintained,
• All servers will reside behind secured firewalled routers and enhanced monitoring
servers. All IP addresses are filered including ingress filtering.
• All servers necessary for ecommerce will be enabled to handle such: activity in a secure
manner:
• All servers necessary for secure • transactions (SSL -based) will be enabled with a secure
certificate provided by Redglue.
All servers necessary for email notifications (SMTP) will be enable with secured relays.
• Servers necessary for database communications will be provided a MSSQL license.
• If a separate database server is required — the pricing will stay consistent with the scale
Of similar servers.
• All servers necessary for serving video, audio, graphical, flash content will be enabled via
service applications and mime -types.
• All servers needing failover redundancy will be mirrored to off-site servers.
• Up -time will be monitored utilizing a custom monitoring application. Servers will'be
tracked via lie pings and SNMP port tests and traces. Bandwidth will be monitored
utilizing a 5 minute interval measuring service in which the top 5% will be thrown out.
• Most maintenance events will not interrupt any service to the servers - utilizing HSRP the
traffic will flow across a separate network than the one that is being update/patched/fixed.
• In the event of a scheduled outage the client will be notified 7 days, 48 hours, 24 hours
prior to the maintenance work. All scheduled work will occur after 11:59 pm and be
completed no later than 4:59 am.
• Redglue will take full responsibility for the safety, injury and health of its working
employees while its employees are performing service work.
• Redglue has the facility and space requirements to provide the services requested.
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Page? of 23
Server 1 - Web Server
1. Dell Poweredge
2. Microsoft WindOws/IIS Security Tuned
3. Microsoft SQL Server
4. SMTP Enabldd
5. Video/Audio/Flash Capable
6. SSL Provided on Request
7. Processor: Dual Xeon Processors
8. Memory: 2048 - 4096 Mb
9. Storage: Partitioned 4 x 146 GB SCSI Raid 5 15K RPM
10. Storage: Partitioned 2 x 300 GB SCSI Raid 5 15K RPM
11. Extra Slots available for Storage Expandability
12. Dual GIG Ethernet Connection (1000 Mb)
13. 300 GB Bandwidth Monthly
14. Backup on Board Engaged
15. 50 GB:Off Server Weekly Managed Backup
16, Redundant Power Supply
17. Redundant Cooling
18. Remote Reboot
Server 2 - Application Server
1. Dell Poweredge
2. Microsoft Windows/IIS Security Tuned
3. SSL Provided on Request
4. Microsoft SQL Server
5. SMTP Enabled
6. Vicleo/Audio/Flash Capable
7. Processor: Dual Xeon Processors
8. Memory: 2048 - 4096 Mb
9. Storage: Partitioned 3 x 146 GB SCSI Raid 5 15K RPM
10. Extra Slots available for Storage Expandability
11. Dual GIG Ethernet Connection (1000 Mb)
12. 300 GB Bandwidth Monthly
13. BOckup on Board Engaged
14. 50 GB Weekly Managed Backup
15. Redundant Power Supply
16. Redundant Cooling
17. Remote Reboot
Server 3- FTP Server
1. Dell Poweredge
2. Microsoft Windows/FTP Security Tuned
3. FTP Server/File Server
4. Processor: Dual Xeon Processors
5. Memory: 2048 - 4690 Mb
6. Storage: Portioned 3 x 73 GB SCSI Raid 5 15K RPM
7. Extra Slots available for Storage Expandability
8. Dual GIG Ethernet Connection (1000 Mb)
9. 300 GB Bandwidth Monthly
10. 50 GB Weekly Managed Backup
11. Redundant Power Supply
12. Redundant Cooling
13. Remote Reboot
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Page 8 of 23
Server 4 Sharepoint Server
1. Dell Poweredge
2. Microsoft Windows/IIS Security Tuned
3. Sharepoint Services
4. Microsoft SQL Server
5. SMTP Enabled
6. Video/Audio/Flash Capable
7. SSL Provided on Request
8. Processor: Dual Xeon Processors
9. Memory: 2048 4096. Mb
10, Storage: Partioned 3 x 146 GB SCSI Raid 5 15K RPM
11, Extra Slots available for Storage Expandability
12, Dual GIG Ethernet Connection (1000 Mb)
13. 300 GB Bandwidth Monthly
14. 50 GB Weekly Managed Backup
15. Redundant Power Supply
16. Redundant Cooling
17, Remote Reboot
Managed Backup
Nightly and Weekly rotated cycles are run on all servers. Full backups are completed weekly with
a 4 week cycle, Incremental backups are completed nightly and run a 2 week cycle. There is no
charge for restoring any data from backup at anytime.
Redglue is responsible for providing the Hardware and Software, outside of 3rd party and custom
applications, required for all services..
The city has the right to provide any software licenses needed for the project,
The City is responsible for specifying points of contact for the service and support.
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Redglue Managed Services
Hosting Solution
Page 9 .of 23
Implementation Plan
We are In a unique situation regardingimplementation of the servers. We currently host and
manage the services in this response for the City of Round Rock; With that said, there may not
be a need for new migration or implementation.
However, due to the term of the contract we would recommend an upgrade in all servers to 17
core servers which perform at more than 3x the rate of the current servers. 17 is a newer chip
technology that allows server processors to communicate directly with memory directly. This
greatly enhances the speed of the server, reduces resource consumption, extends the life of the
server, and provides a better overall experience to the user.
To properly implement this plan the servers would need to be migrated from their current state to
the new state. This is a simple process for our technicians.
1. New servers would be procured with the required hardware.
2. The servers wouldbe configured with the settings specified for each server responsibility.
This includes OSlsoftware.
3, Once configured the servers would be tested thoroughly.
4, After the tests, sets of existing data would be migrated over to the new servers for
additional environment testing (this occurs while leaving everything still live on the old
servers and does not interrupt current service.
5. Testing reoccurs.
6. Next, a date of migration would be scheduled with the City of Round Rock. The dates
are usually on weekends after 11:59 pm, but we can schedule any date and time deemed
necessary by the City.
7. Once a date is scheduled maintenance would start.
8. The first step of maintenance is to clear the servers after testing and re -migrate all data
over to the new servers.
9. The migration of data occurs very quickly since the servers would reside on the same
network. Transfer speeds would run up to 1G13/s.
10. Additional testing is completed again.
11. Additional testing may also be completed by the City employees to ensure everything is
functioning properly.
12. The second step of maintenance.requires the systems be audited for.security holes,
corrected, and fide -tuned for performance.
13. Once this is complete and the date has arrived. We get a final approval to migrate. If the
approval is given we proceed, if not, we reschedule.
14. We make additional backup sets, migrate incremental changes between the data sets
and switch the IP addresses to point to the new servers. The switch is done by IP so the
server can be switched back at anytime in a metter of seconds.
15. Once the IPs have been switched, the sites are tested thoroughly and the City is notified.
16. We then Work directly with the City to review the servers for any issues or oversights. If
there is a problem we immediately fix all issues and do another review.
17. We make constant contact with the city after the migration to ensure everything is
working as intended.
18: We keep the old servers online for a time period specified by the city, but not to exceed
60 days. This is a fallback to ensure the ability to collect files, applications, etc that may
have been missed during the migration process.
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Redglue Managed Services
Hosting Solution
Page 10 of 23
Cost Details
Based on the scope of the current proposal Redglue has determined that the solution can be
implemented for an estimated total setup and monthly cost. Yearly cost and 5 year term costs
have also been provided with discounts.
It is guaranteed that the product offered will meet or exceed specifications identified in thls
response.
Support is included as part of the managed service,
All managed service costs including setup, configuration, hardware, software, support, and
maintenance are specified below:
Hardware Equipment (one-time fee and setup)
Server 1 $3640.00
Server 2 $2860.00
Server 3 $1180.00
Server 4 E $2060.00
Optional Server 5 (Dedicated Database) $3920.00
Hardware Management (monthly fee)
Server 1 $1420.00
Server 2 $1080.00
Server 3 .,; $480.00
Server 4 $620.00
Optional Server 5 (Dedicated Database) $960.00
Total of Services (one-time fee): $9740.00-$13660.00
Total of Services (monthly fee)::: $3600.00-$4560.00
First Year $52950.00-$68380.00
Second Year $43200.00-$54720.00
Third Year $4320.0.00-$54720.00
Fourth Year $43200.00-$54720,00
Fifth Year $43200.00-$54720.00
S Year Total before Discounts $226750.00-$273600.00
Existing Client Discount 10%
Term Discount (5 Year) 10%
5. Year Total for Contract $972800.00-$218880.00
Redglue reserves the right to raise rates based upon the increase in costs associated with the
providing the service. At no time will Redglue increase the rate of service by more than 1.5% in
any given 2 year period. Redglue will notify the City by writing 60 days prior to any rate increase.
The City reserves the right to reject the increase prior to the end of the 60 day period.
iSu1,.iR
Redglue Managed Services
Hosting Solution
Page 11 of 23
Similar Projects
Project Location
Client
Industry(s)
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Term
Contact
Project Location
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lndustry(s)
Services Provided
Term
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Project Location
Client
Industry(s)
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Term
Contact
Project Location
Client
Industry(s)
Services Provided
Term
Contact
F riy)Drii(i Ry Anthony Kukl;,
Austin, TX
Texas Oil and Gas Association
011 and Gas
Web Hosting, FTP Hosting, Remote Backup, Disaster Recovery,
Exchange Hosting, Blackberry Enterprise Services, Barracuda Filtering,
Network Consulting, Programming, Development Support
Continual since 2000
Bill Ennis
Austin, TX / Dallas, TX / Houston, TX /Washington, DC
Quicksilver / Patriot Group
Government Consulting, Public Affairs, Campaign Consulting
Web Hosting, FTP Hosting, Database Hosting, Managed Backup,
Exchange Hosting, Blackberry Enterprise Services, Barracuda Filtering,
Network Consulting, Development Support, Indirect (pass-through) Client
Support and Management
Continual since 2002
Ryan Gravatt
Round Rock, TX
City of Round Rock
Government
Web Hosting; FTP Hosting, Database Hosting, Load Balancing,
SharePoint Hosting, Managed Backup, Application Consulting,
Programming, Development Support
Continual since 2004
Arnold Wells
Austin, TX / Discovery Bay, CA / New York, NY / Beijing, China
Embedded Developer, a Convergence Promotions / Hearst Business
Media Enterprise
Semiconductor, Technology, Engineering
Web Hosting, FTP Hosting, Database Hosting, Database Mirroring/Load
Balancing, Email Hosting, Barracuda Filtering, Management Services,
Programming, Development Support, Language Translation Services
Continual since 2006
Bob Smith
Redglue Managed Services
Hosting Solution
Page 12 of 23
Experience
TIME WARNER
TELECOM
11 EARST corporation
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amerivault corp
RFP 09-031
Specification Number 09.915.51
Dated: August 2009
ATTACHMENT B
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER; RFP 09.031- WEB HOSTING
BIDDER'S NAME: Redglue, Inc.
DATE: 09/28/2.009
Provide the name, address, telephone number and point of contract of at least four (4) firms that have utilized similar
service for at least three (3) years. References may be checked prior to award. Any negative responses received may
result in disqualification of bid.
1. Company's Name Texas Oil and Gas Association
Name of Contact Bill Ennis
Title of Contact Vice President for Membership & Media Relations
E -Mail Address bennis@txoga. orq
Present Address. 304 West 13th. street.
City, State, Zip Code Austin, TX 78701
Telephone Number ( 512 ) 478-6631 Fax Number ( 512 ) 472 -3859
2, Company's Nanie
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title .of Contact
E -Mail Address
The Patriot Group
Ryan Gravatt
Principal
ryan@patriot-group.com
919 Congress. Avenue, Suite 1140
Austin, Texas 78701
(.512 ) 477-6700 Fax Number. ( 512 ) 477-6701
City of. Round Rock
Arnold Wells
Web Administrator
awells@round--rock.tx.us
Present Address 221 E. Main Street
City; State, Zip Code Round Rock , TX 78664
Telephone Number ( 512 ) 218-5400
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Pax Number ( 512 ) 218-7097
Embedded Developer,.a Hearst Enterprise
Bob Smith
Chief Information Officer
bob.smith@eMbeddeddeveloper.com
2220 SunS.et -Point
Discovery Bay, CA 94514
( 512 ) 282-9614 Fax Number ( 512 ) 282=9614
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE
MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FROM AWARD:
Redglue Managed Services
Nosting Solution
Pagel 4 of ;23
Technical Expertise
Redglue posses a unique combination of network expertise, creative capabilities, and systems
development and management .experience.
Programming
Languages
1
v
V
✓
1
✓
1
V
HTML
DHTML
SHTML
XML
Visual Basic
SQL
PUSQL
Ruby on Rails
✓
✓
1
✓
✓
1
1
JAVA
ASP, ASP.NET
JSP
CFML
Peri
PHP
CGI
Scripting
✓
JavaScript
Languages
1
VB Script
1
Action Script
Server
1
Windows NT/CE
✓
All Linux Servers
Operating Systems
✓
Windows 2000 Server
✓
Sun Solaris
1
Windows 2003/2007 Server
v
Free BSD
Databases
✓
Access
1
Sybase
✓
rnySQL
1
PostgreSQL
1
MSSQL
✓
Oracle
WebNideo Servers
1
IIS 5.0
1
Windows Streaming
1
IIS 6.0/7.0
Services
1
IBM Httpd
1
Real Networks
1
Apache
✓
Apple streaming
Application Servers
1
MS ASP/.NET
✓
Lotus
✓
IBM WebSphere
✓
SharePoint Serivices
✓
J2EE
1
SharePoint Portal
1
Oracle
Multimedia and
✓
Flash
✓
Photoshop
Graphics
1
Director
1
Illustrator
✓
Shockwave
1
Fireworks
1
After Effects
1
Freehand
Business
1
Information Consulting
1
Training Module
Consulting
1
System Analysis and Design
Development
1
Information Systems
1
Data Communications.and
Problem Solving
Networking
✓
Decision Support Systems
1
Manufacturing and Services
✓
Advanced Computer
Operational Management
Systems
1
Strategic and Field
✓
Programming Business Data
Management
Structures
1
Project Mana9ement
✓
Database Management
✓
Application Design
Systems
✓
JAD Facilitation
✓
Advanced Statistical
1
GIS Mapping
Methods and. Business
1
Data Modeling
Forecasting Techniques
Web Browsers
1
IE PC, Mac
1
Opera PC, Mac
1
Netscape PC, Mac
✓
Mozilla PC, Mac
Safari/Chrome PC, Mac
1
Firefox PC, Mac
Redglue Managed Services.
Hosting Solution
Page l5 of 23
Support
Redglue prides itself on its support -and support availability. We are. a 365/7/24 operation with
numerous methods of contact in place to allow for seamless support handling and tracking.
We provide a number of support options, at any hour, to help resolve support requests.
• Help Desk (online ticketing system)
• Email support
• Local telephone support
• Toll-free telephone support
• Instant messaging
Support operates on a 365/7/24 schedule. Support requests during business hours (lam -bpm)
are responded to from real-time to within 15 minutes, after business hours (6pm — 7am) are
responded to within 15 minutes —1 hour, and weekend (Sat. and Sun.) from 15 Minutes -- 2
hours. A copy of our SLA is included in the "Service Level Agreement" section of this response.
Additional 24/7/365 access to development personnel
Included in our server management is access to support personnel for assistance with not just
server hosting, but support with the applications that are hosted on the servers. This includes
third party assistance as well as assistance with custom code and in some cases the provisioning
of like code provided as a free service to help developers create applications or resolve
programming issues.
Monitoring System
We Utilize a custom configured service monitoring and alerting system that tracks uptime and
availability, server issues before they occur thru SNMP smart detection, and track incoming
threats to any server or network device. Depending upon the type of alert Redglue staff is notified
via email, ticketing, IM, and mobile devices.
F''c;•3'c:� F; p,l'drin �' KttFl:i
Redglue Managed Services
Hosting Solution
Page 16 of 23
Service Level Agreement
The Redglue SLA covers the availability of your website and three components that keep your
site up and running:
100% Network Uptime
Redglue guarantees that its network will be available 100% of the time in a given month,
excluding scheduled maintenance. Network uptime includes functioning of all network
infrastructure including routers, switches and cabling, but does not include services or software
running on your server. Network downtime exists When a particular customer Is unable to transmit
and receive data and is measured from the time the trouble ticket Is opened.
Infrastructure
Redglue guarantees that the critical infrastructure systems will be available 100% of the time In a
given month, excluding scheduled maintenance. Critical infrastructure includes functioning of all
power and HVAC Infrastructure including UPSs, PDUs and cabling, but does not include the
power supplies on customers' servers. Infrastructure downtime exists when a particular server is
shut down dueto power or heat; problems and is measured from the time the trouble ticket is
opened to the time the problem is resolved and the server is powered back on.
Hardware
Redglue guarantees the functioning of all hardware components andwill replace any failed
component at no cost to the customer. Hardware is defined as the Processor(s), RAM, hard
disk(s), motherboard, NIC card and other related hardware included with the server: This
guarantee excludes the time required to rebuild a RAID array and the reload of certain operating
systems and applications.
Hardware replacement will begin once Redglue Identifies the cause of the problem. Hardware
replacement Is guaranteed to be complete within one hour of problem identification:
Ptc >a,i i 5y AnIf}Cr y Kui;la
MS/VI
reclglue
Service Level Agreement
Managed and Colocation Service
1. Applicability. This Service Schedule is applicable only
where Customer orders Colocation Space and associated
services (i.e., IP Transit, Power, Remote Hands and
Scheduled Supped installation).
2. Definitions. Any capitalized terms used herein and not
otherwise defined shall have the meaning set forth in the
Strategic Sales Master Service Agreement (the "Agreement").
Colocation Area: The location within the REDGLUE premises
in which COlocation Space ordered by Customer Is located;
Colocation-Space: The location(s) within the Colocation Area
of REDQLUE where Customer is permitted to colocate server
and communications equipment pursuant to a Service Order
accepted by REDGLUE
Committed Data Rate: The minimum data rate committed by
Customer and set forth in the Service Order. The data rate is
expressed in Megabits persecond (Mb/s).
Managed and Colocation Service: Shall have the meaning
assigned to such termin Section 3 of this Service Schedule.
HSRP: Hot Standby Router Protocol (HSRP) provides network
redundancy for IP networks, ensuring that user traffic
immediately and transparently recovers from first hop failures
in network edge devices er access circuits.
IP Transit: That part of Send Traffic :or Receive Traffic that
Originates or terminates on the global Internet.
Port: The REDGLUE switch or router port or interface to which
Customer connects. Ports can be Ethernet (10 Mb/s), Fast
Ethernet (100. Mb/s) or Gigabit Ethernet (1000 Mb/s). Full
duplex and half duplex configurations are available.
Port Transferred Bandwidth: The minimum quantity of data
committed by Customer and set forth in the Service Order. The
quantity is expressed in GigaBytes (GB) per calendar month.
Power Standard electrical power is single phase 110 volt AC,
604 Each full cabinet is supplied with an individually
breakered 20 amp circuit. One-third (1/3) cabinets share an
individually breakered 20 amp circuit among 3 cabinets,
Shared Colocation Space shares a breakered 20 amp circuit
with other Customers. 208 volt AC, 240 volt AC circuits; and
DC circuits are available if specified on a Service Order:
Service Schedule — Managed and Colocation Service
Version 6.0.4 - 20090901
Receive. Traffic: Traffic from any origination point that is
received by Customer from the REDGLUE IP network" or global
Internet.
Remote Hands: Basic on-site maintenance and support of
Customer's equipment as requested by Customer via
telephone or electronic mall. Work performed includes, but is
not limited to visually inspecting equipment, power cycling
equipment, installing or verifying cables, and entering simple
keyboard commands at the direction of Customer.
Scheduled Support and Installation: Scheduled
maintenance, installation and removal of :equipment, cabling
and other related Support services consistent with REDGLUE's
then current Scheduled Support and installation Service Policy,
as amended by REDGLUE from time to time, a copy of which
shall be made available to Customer upon request.
Send Traffic: Traffic originating from Customer with a
destination point on the REDGLUE IP network or global
Internet.
3. Service (Description. Managed and Colocation Service is
space provided within REDGLUE'spremises and is licensed to
Customer for purpose of colocating servers and
communications equipment, Unless otherwise specified on a
Service Order, Managed and Coiocatlon Service includes IP
Transit service providing_ access to the REDGLUE IP network
and the global Internet, Managed and Colocation Service can
be provided to Customer at Ethernet (10 Mb/s), PastEthemet
(100 Mb/s), and Gigabit Ethernet (100Q Mb/s) speeds. Each
Ethernet speed is available as a half -duplex or full -duplex
connection. Full -duplex, is the default connection type. Full
cabinet, multi -cabinet; and custom cage Customers are
provided dual Ethernet connections using Cisco HSRP. Shared
wire rack space, one-third (1/3) cabinet, and one-half (1/2)
cabinet are provided with single Ethernet connection's. A dual
Ethernet connection is an optional service for Customers
ordering shared wire rack, one-third (1/3) cabinet space, and
one-half (1/2) cabinet space.
4. Charges: Charges for Managed and Colocation Service
consist of four (4)'components: (a) a non-recurring installation
charge per Service Order; (b) a monthly recurring charge
based on the Committed Data Rate Or Port Transferred
Bandwidth; (c) monthly usage charges to the extent usage in a
particular month exceeds the Committed Data Rate or Port
Transferred Bandwidth; and (d) a monthly charge for Remote
Hands, Scheduled Support or installation services (if
applicable). Depending on the bandwidth usage plan specified
CONFIDENTIAL
MSA#
on the Service order, Customer's usage of network capacity
will be billed in one of two methods; (1) if the Service Order
specifies Committed Data Rate, Customer's usage of both
Send Traffic Receive Traffic will be sampled every five (5)
minutes for the previous five (5) minute period, At the end of
the month, the top five percent (5%) of Send Traffic and
Receive Traffic samples shall be discarded. The highest of the
resulting measurements represent the ninety-fifth (95th)
percentile and said measurement will be compared to the
Committed Data Rate: If the five (5) minute period that
represents the ninety-fifth (95`") percentile of either Send
Traffic or Receive Traffic Is higher than the Committed Data
Rate, Customer will, in addition to being billed for the
Committed Data Rate, be billed at this ninety-fifth (951h)
percentile level for any usage in excess of the Committed Data
Rate at the contracted Mb/s price; or (ii) if the Service Order
specifies Port Transferred Bandwidth, the Send Traffic and
Receive Traffic will be:sampted every five (5) minutes for the
previous five (5) minute period. At the end of the month, the
sum of the Send Traffic bytes and Receive Traffic bytes Is the
Port Transferred Bandwidth for that month. if the Port
Transferred Bandwidth is higher than the contracted Port
Transferred Bandwidth, Customer will, in addition to being
billed for the Included Port Transferred Bandwidth, be billed for
any overages in excess of the Port Transferred Bandwidth at
the contracted price per GigaByte.
5: Grant of License. Customer Is granted the right to occupy
the Coloration Space specified In a Service Order during the
Service Term, except as otherwise provided in the Agreement
and this Service Schedule: Customer may .submit multiple
Service Orders requesting use of Colocafon Space, each of
which shall be governed by the terms hereof. REDGLUE
retains the right to access any Colocation Space for any
legitimate business purpose at any time.
6. Use of Cotocation Space. Customer shall be permitted
to use the Coloration Space only for placement and
maintenance of servers and communications equipment.
Customer may access the Coloration Space twenty four (24)
hours per day, seven (7) days per week;. subject to any and all
rules, regulations and access requirernents imposed by
REDGLUE governing such access.
7, REDGLUE Maintenance. REDGLUE .shall perform
janitorial services, environmental systems maintenance, power
plant maintenance and other actions as are reasonably
required to maintain the Cotocation Area in which the
Coloration Space is located in a condition that is suitable for
the placement of server and communications equipment.
REDGLUE shall maintain the Cotocation Area in which the
Colocetlon Space is located (but shall not be obligated to
maintain the Cotocation Spate itself) to .generally accepted
industry standards: Customer shall maintain the Colocation
Space In an orderly and safe condition, and shall return the
Coloration Space to REDGLUE at the conclusion of the
Service Term set forth in the Service Order in the same
condition (reasonable wear and tear excepted) as when such
Colocation Space was delivered to Customer. EXCEPT AS
EXPRESSLY STATED HEREIN OR iN ANY SERVICE
ORDER, THE COLOCATION SPACE SHALL BE DELIVERED
AND ACCEPTED "AS 1S" BY CUSTOMER, AND NO
Service Schedule — Managed and Coloration Service
Version 6.0.4 - 20090901
REPRESENTATION HAS BEEN MADE BY REDGLUE AS TO
THE FITNESS OF THE SPACE FOR CUSTOMER'S
INTENDED PURPOSE.
8. Security. REDGLUE will provide and maintain in working
condition card reader(s), scanners) and/or other physical
access device(s) as selected by REDGLUE for access to the
Coloration Area. Customer shall under nocircumstances "prop
open" any door to, or otherwise bypass the security measures
REDGLUE has imposed for access to, the Coloration Area. If
Customer selects a service other than shared Coloration
Spece, REDGLI,JE will provide a locking device on Customer's
Colocation Space, which Customer shall be solely responsible
for locking and/or activating such device, In the event that
unauthorized parties gain access to the REDGLUE premises,
Colocation Area and/or the Colocation Space through access
cards; keys or other access devices provided to Customer,
Customer shall be responsible for any damages caused by
such parties. Customer must notify REDGLUE Immediately if
a security device Is lost or stolen. Customer shall be
responsible for the cost of replacing any security devices lost
or stolen after delivery thereof to. Customer.
9, Prohibited. Activities. Customer shall abide by any
posted or otherwise communicated rules relating to use of;
access to, or security measures respecting the REDGLUE
Premises, Colocation Area and/or the Coloration Space.
Customer's rights of access and use will be lmmedlatety
terminated in the event Customer or any of its agents or
employees are in REDGLUE's premises with any firearms,
illegal drugs, alcohol or are engaging in any criminal activity.
Persons found engaging in any such activity or In possession
of the aforementioned prohibited items will be immediately
escorted from the REDGLUE premises.
10. Termination of Use. REDGLUE shall have the right to
terminate Customer's useof the Coloration Space or the
Service delivered therein in the event that: (a) Customer is in
default hereof, (b) Customer makes any material alterations to
the Coloration Space without first obtaining the written consent
of REDGLUE; or (c) Customer allows personnel or contractors
to enter the Colocation Area and/or the Colocation Space who
have not been _approved by REDGLUE in advance; or (d)
REDGLUE's rights to use the premises terminates or expires
for any reason. With respect to items (a), (b) and (c), unless
(in REDGLUE's opinion) Customers actions interfere orhave.
the potential tointerfere with other REDGLUE customers,
REDGLUE shall provide Customer a written notice and a ten
(10) day opportunity to cure before. terminating Customer's
rights to the Coiocation Space,
11. Removal of Equipment. Within five (5) days following
the expiration or termination of the Service Term for any
Coloration Space, Customer shall remove all Customer
equipment from the Coloration Space, The initial Service Term
is specified on a Service Order. Additional extension and
termination rights are specified in Section 3.01 of the .Strategic
Sales Master Service Agreement, In the event Customer fails
to remove the equipment within such five (5) day period,
REDGLUE may disconnect, remove and dispose of
Customer's equipment Without prior notice. Customer shall be
responsible for any costs and expenses incurred by REDGLUE
resulting from disconnection, removal, disposal and storage of
CONFIDENTIAL
MSA#
Customer's equipment, for which Customer agrees to pay such
costs and expenses and all other charges due and owing by
Customer to REDGLUE under the Agreement prior to
REDGLUE retuming any Customer equipment still in
REDGLUE's possession. REDGLUE shall not be liable for any
loss, or damage incurred by Customer arising out of
REDGLUE's disconnection, removal, storage Or disposal of
Customer's equipment.
12. Sublicenses. Customer may sublicense the use of
Coloration Space under the following conditions: (a) all
proposed sublicensees must be approved in writing by
REDGLUE in REDGLUE's sole discretion, except Customer
may sublicense the use of the Colocation Space to.en :affiliate
of Customer upon prior written notice to REDGLUE; (b)
Customer hereby guarantees that all such parties shall abide
by the terms of the Strategic Sales Master Service Agreement,
this Service Schedule and the applicable Service Order; (c)
Customer shall Indemnify, defend and hold REDGLUE
harmless from all claims brought against REDGLUE arising
from any act or omission 'of any sublicensee or its agents; and
(d) any such party shall be considered Customers agent and
all of such party's acts and omissions shall be attributable to
Customer for the purposes of the Strategic Sates. Master
Service Agreement and this Service Schedule. In the event
Customer sublicenses use of the Colocation Space without
REDGLUE's prior written approval. REDGLUE 'may upon ten
(10) days' prior written notice: reclaim the sublicensed portion of
the Colocation Space. Customer shall surrender such
reclaimed Cotocation Space and shall be subject to termination
charges associated with the reclaimed. Colocation Space as
provided in Section 2.07 of the Strategic Sates Master Service
Agreement. No refunds shall be made to Customer regarding
reclaimed Colocation Space.
13. Changes.
A. REDGLUE reserves the right to change (at REDGLUE's
cost) the: location or configuration of the Coloration Space
licensed to Customer within a REDGLUE premises; provided
that REDGLUE shall not arbitrarily require such changes.
REDGLUE and Customer shall work in good faith to minimize
any disruption in Customer's services that may be caused by
such changes in location or r onfiguration of the Colocation
Space.
B. Notwithstanding anything in Section 2.01 of the Strategic
Sales Master Service Agreement to the contrary and unless
otherwise agreed in writing by the parties, in the event any
Service. Order for Colocation Space is altered (including,
without limitation, any changes in the configuration or Wild -out
of the Colocation Space) at Customer's request after
Customer's submission and REDGLUE's acceptance of such
Service Order that results in a delay of REDGLUE's delivery of
such Colocation Space to Customer, billing for. such Colocation
Space shall commence no later than the original Customer
Commit Date.
14. Insurance, Prior to storage of equipment or occupancy
by Customer of any Colocation Space and during the Service
Term, Customer shall procure and maintain appropriate
insurance coverage. Customer acknowledges that It retains the
risk of loss for, toss of (Including, without limitation. loss of
Service Schedule — Managed and Colocation Service
Version 6,0.4 - 20090901
use), or damage to, Customer equipment and other personal
property located in :a REDGLUE premises. Customer further
acknowledges 'that REDGLUE's insurance policies do not
provide coverage for Customer's personal property located in a
REDGLUE premises, nor does REDGLUE's Insurance policies
provide coverage of customer's loss of use. Customer shall,
at its option, maintain a program of insurance or self -Insurance
covering loss of or damage to Its equipment and other personal
property located at a REDGLUE premises, including, without
limitation, loss of use: Customer shall require any contractor
entering a REDGLUE premises on its behalf to procure and
maintain the same types, amounts and coverage extensions as
required by Customer,
15. Remote Hands, Scheduled Support and Installation.
A. REDGLUE may provide Remote Hands service on
Customer's equipment within the Colocation Space from time
to time: as mutually agreed between the parties. Customer
may order Remote Hands service by contacting REDGLUE's
Network Operation Center (NOC), Customer Service or such
other means as REDGLUE may make available from time to
time. Upon REDGLUE acceptance of such order, REDGLUE
Will perform the Remote Hands service in accordance with
Customer's directions. Unless ;otherwise agreed between the
parties, pricing for Remote Hands service shall be at
REDGLUE's then current rates. Remote Hands service does
not include, and REDGLUE shall in no event be responsible for
perforriming, repair; configuration or tuning of equipment, or for
installation of Customer s equipment, which cervices are only
available as part of the Scheduled Support and Installation
servicer
B. REDGLUE may provide Scheduled Support and
Installation service on Customer's equipment' within the
Colocation Space from time to time as mutually agreed
between the parties. REDGLUE shall not be obligated to
perform any Scheduled Support and Installation service until
the scope of the Scheduled Support and Installation service to
be provided has been mutually agreed by the parties In writing.
Unless otherwise agreed between the parties, pricing for
Scheduted Support and Installation service shall be at
REDGLUE's then current rates.
C. ANY REMOTE HANDS SERVICE AND SCHEDULED
SUPPORT AND INSTALLATION SERVICE IS PROVIDED. ON.
AN 'AS -IS' BASIS AND REDGLUE,MAKES NO WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER'
iN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE.
D. As part of any Remote Hands service and/or Scheduled
Support and Installation service, under no circumstances will
REDGLUE be responsible for performing any warranty -
affecting work, and REDGLUE shall not be liable to customer
or any third party to the extent any work performed violates
and/or voids, In whole or in part, any equipment, software
and/or manufacturer's warranty. Notwithstanding any provision
in this Service Schedule or the Strategic Sales Master Service
Agreement to the contrary brit .subject to Section 21(E) below
in the case of Remote Hands service, REDGLUE's cumulative
CONFIDENTIAL
MSA#
liability for damages arising out of er related to REDGLUE's
Performance or failure to perform any Remote Hands service
and/or Scheduled Support and Installation service will be
limited to direct damages in, an amount not to exceed the total
fees paid by Customer to REDGLUE for the particular Remote
Hands service or Scheduled Support and Instaflation service
(as the case may be) giving rise to the liability.
16. Storage of Customer Equipment. REDGLUE may, at its
option, agree to store equipment that Customer intends to
colocate in Customer's Colocation Space for not more than
thirty (30) days prior to the applicable Customer Commit. Date.
Storage of such equipment is purely incidental to the Service
ordered by Customer and REDGLUE wilt not charge Customer
a fee for such stora9e. No document delivered as part of such
storage shall be deemed a warehouse receipt. Absent
REDGLUE's gross negligence or intentional misconduct;
REDGLUE shah have no liability to Customer or any third party
arising from such storage. In the event Customer stores
equipment for longer than thirty (30) days, REDGLUE may, but
shall not be obligated to, return Customer's equipment to
Customer without liability, at Customer's sole cost and
expense.
17. promotional • Signage. Customer may display a single
promotional sign with Customer's name and/or logo on the
outside of any Customer Colocation Space; provided such
signage does not exceed 11 Inches by 14 inches. All other
promotional signage is prohibited.
18. Power.
A. Unless otherwise agreed between the parties, the pricing
for Power shall be on a breakered amp load basis.
8. The standard available power usage in any Colocation
Space is 225 watts/square foot of breakered power. Any
additional Power required by Customer is subject to prior
written approval by REDGLUE. This policy Maintains adequate
cooling in a specific Colocation Space.
C. In the event the power utility Increases the price paid by
REDGLUE for Power provided to any Colocation Space,
REDGLUE may pass-through to Customer such price increase
upon prior written notice to Customer.
19. IP Addresses. In the event that REDGLUE assigns to
Customer an IP address (the "Assigned iP Address) as part of
the provision_ of Service, the Assigned IP Address shalt revert
to REDGLUE after termination of the applicable Service Order
for any reason whatsoever, and Customershall cease using
such address. At any time after such termination, REDGLUE
may re -assign such address to another user.
20. Domain Names. In the event that REDGLUE obtains for
Customer a domain name, Customer shall be the sole owner
of such domain name. Customer shall be solely responsible
for:
A. paying any fees (including renewal fees) relating thereto;
Service Schedule — Managed and Colocation Service
Version 6.0.4 - 20090901
B. complying with any legal, technical, administrative, billing
or other requirements Imposed by the relevant domain name
registration authority;
C. modifying such domain name in the event Customer
changes service providers; and
D. all third party claims (including claims for intellectual
property infringement) relating thereto, and Customer shall
indemnify and hold REDGLUE harmless from all such claims
and expenses (including legal fees and court costs) related
thereto.
21. Service Levels.
A. Installation .Service Level. This Installation Service Level
applies to Colocation Space ordered in a REDGLUE premises.
REDGLUE- will exercise commercially reasonable efforts to
Install any Colocation Space on or before the Customer
Commit . Date specified for such Colocation Space. This
Installation Service Level shall not apply to Service Orders that
contain incorrect information supplied by Customer, Service
Orders that are altered at Customer's request after submission
and acceptance by REDGLUE, or Service Orders that require
REDGLUE to configure Colocation Space to specifications
other than REDGLUE's stendard specifications for Colocation
Space. In the event REDGLUE does not Meet. this Installation
Service Level for a particular Colocation Space for reasons
other than an Excused Outage, Customer will be entitled to a
service credit equal le the charges for one (1) day of the
monthly recurring charges ("MRC") for the affected Colocation
Space for each day of delay, up to a monthly maximum credit
of seven (7) days.
B. IP Network Availability Service Level. If the applicable
Service Qrder includes IP network • bandwidth, the IP Network
Availability Service Level is 100%. Managed and Core
Colocation Service is considered unavailable if. a Port is unable.
to send or receive traffic. In the event that the IP network
becomes unavailablefor reasons other than an Excused
Outage, Customer will be entitled to a service credit off of the
Committed Data. Rate MRC for the affected Managed and Core
Colocation Service based upon the cumulative unavailability of
the affected Managed and Core Colocation Service in a given.
calendar month as set forth in the following table:
Cumulative
:in his mins:seks)
�0:00:01— 0010:00.
ao:10:01-00:30:00
X0:30:01 — 02:00:00
02:00:01 — 07:00:00
07!00:01 or greater
No Credit
2.5%
5%
10%
100%.
C. Packet Delivery Service Level. The Packet Delivery
Service Level for Core Colocation is the average number of
Internet Protocol (IP) packets that transit the REDGLUE
network and are delivered to one of REDGLUE's peering
vendors or partners in a calendar month. In the event
REDGLUE does not meet the Packet Delivery Service Level
for reasons other than an Excused Outage, Customer will be
entitled to receive a credit off of the MRC for the affected
Managed and Core Colocation Service set forth in the following
CONFIDENTIAL
MSA#
table:
RacKet peliver ? ` v Nim ive Ctg�lt_
9.00% or more No Credit
8.99% or less 100%
D, Power Availability Service Level. In the event of any
outage of REDGLUE provided Power to the Coloration Space
for reasons other than .Customer actions or omissions,
Customer will beentitled to receive a service credit equal to
the charges for one (1) day of the MRC for the affected
Coloration Space (with a maximum of a one (1) day credit for
all outages in any twenty four (24) hour period).
E. Remote. Hands Response- Time Service Levet. The
Response Time. Service Level for Remoie Hands; is as set forth
below: This Response Time "Service Level Is measured from
the time. REDGLUE Network Operations Center (NOC)
receives and Togs Customers request with ail of the necessary
information requested by REDGLUE, until a REDGLUE
technician acts iri response to the request: In the event
RI=DGLOE does not meet the following Response Time
Service Level, Customer will be entitled to a service credit
equal to the charges for one (1) day of the MRC for the
affected Colocation Space (with a maximum of a orae (1) day
credit -for all instances of delay in a any twenty four (24) hour
period, with a total monthly maximum credit of seven (7) days),
.... _ ........
entice LeVet
)`todrs of O S'eratlori 4ResbnSe'lirtie
7 a.m. to 6 p.m. (M - F) 0 15 minutes
Off hours; holidays & weekends
" '
15 minutes - 2 hours
Service Schedule — Managed and Coloration Service
Version 6.0.4 - 20090901
CONFIDENTIAL
Redglue Managed Services
Hosting Solution
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Redglue Managed Services
Hosting Solution
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Redglue Managed Services
Hosting Solution
Addendum
Addendum 1.0 to RFP 09-031 Web Hosting
Cost Details
Based on the updated scope, Redglue has determined that the yearly cost and 5 year term costs
can be delivered for the amounts specified below.
Hardware Management (monthly fee)
Server 1 ... $1400.00
Server 2 ... $1060.00
Server 3 ... $420.00
Server 4 $600.00
Total of Services (monthly fee): $3480.00
First Year $41760.00
Second Year $41760.00
Third Year $41760.00
Fourth Year $41760.00
Fifth Year $41760.00
6 Year Total before Discounts $208800.00
Existing Client Discount 10%
Term Discount (5 Year) 10%
5 Year Total for Contract
$167040.00
Redglue reserves the right to raise rates based upon the increase in costs associated with
providing the service. At no time will Redglue increase the rate of service by more than 1% in
any given 2 year period. Redglue will notify the City by writing 60 days prior to any rate increase.
The City reserves the right to reject the increase prior to the end of the 60 day period.
The undersigned acknowledges that the information provided by Redglue in this document is a
legitimate Addendum for the Redglue response to RFP 09-031 disclosed by the City of Round
Rock.
Authorizing Officer Signature Date
10/16/2009
Prepared By: Anthony Kukla
Last Revised: 10/16/2009