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Resolution 2018-30295RESOLUTION NO. 2018 -30295 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5 /7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO NEGOTIATE AND EXECUTE AGREEMENTS FOR DELL SECUREWORKS PRODUCTS WITH DELL MARKETING L.P., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A ONE (1) YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $150,000.00. WHEREAS, the Information and Technology ( "IT ") Department is in need for essential security solutions to protect the City of Miami Beach from any cyber - attacks and prevent any unauthorized Internet user from accessing private networks connected to the Internet or intranet; and WHEREAS, in Fiscal Year 11/12, the IT Steering Committee approved funding for projects necessary to protect the City from any cyber- attacks and to comply with Payment Card Industry — Data Security Standard (PCI -DSS); and WHEREAS, since March 19, 2012, the IT Department has been using Dell Secureworks, through Dell Marketing L.P. ( "Dell ") to assist the City staff in maintaining compliance with regulatory entities and ensure a secure environment; and WHEREAS, the Dell Secureworks program provides the City with custom products such as the "Monitored Next - Generation Firewall" and the "QualysGuard Express" line of products, which offer security logging, auditing, security monitoring, intrusion detection /prevention and compliance certifications; and WHEREAS, on April 24, 2017, the City Manager approved the use of the competitively bid State of Florida ( "SOF ") Contract No. 43220000- WSCA -14 -ACS and executed a one (1) year agreement with Dell in the amount of $154,129.67, which is set to expire on May 17, 2018; and WHEREAS, in order to continue with these critical services, the Procurement Department researched several competitively bid contracts from public agencies and national cooperatives, such as US Communities, National Cooperative Purchasing Alliance, and Baltimore Metropolitan Council; and WHEREAS, the system currently in use by the City was not available under any of the researched contracts, and therefore the City cannot "piggyback" the competitively awarded contracts of other public entities; and WHEREAS, the IT Department has determined that it would not be cost effective to change the current system, as it has already been implemented for multiple years in the City's environment, and the possibility of considering a different system would require additional implementation cost, create a gap in operations, and open a window of opportunity for unauthorized internet users; and WHEREAS, based on the foregoing, the City Manager recommends the waiver of competitive bidding requirements for a one (1) year period to allow for competitive bidding or a cooperative agreement to be identified, as being in the best interest of the City to continue the services with Dell Secureworks, to protect the City of Miami Beach from any cyber- attacks and any unauthorized Internet user from accessing private networks connected to the Internet or intranet. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the written recommendation of the City Manager (as set forth in the City Commission Memorandum accompanying this Resolution) and waive, by 5 /7th vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve and authorize the City Manager and the City Clerk to negotiate and execute agreements for Dell Secureworks with Dell Marketing L.P., in a form acceptable to the City Attorney, for a one (1) year period, in an amount not to exceed $150,000.00. PASSED AND ADOPTED this `(' day of May 2018. ATTEST: Rafael E. ranado, Ci Clerk Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1 5141i City Attorney Date Service Order Dell Marketing L.P. PO BOX 802816 Chicago IL 60680 -2816 United States Phone: (800) 981 -3355 Fax: (800) 433 -9527 General Information Proposal Code Q517556.6- 13861 Proposal Date 3/26/2018 Account Manager Jim Carlton Association None Bill To Payment Terms Net 30 Billing Frequency Annual Order Type Renewal Currency USD City of Miami Beach 1755 Meridian Avenue 4th Floor Miami Beach FL 33139 US Ship To City of Miami Beach 1755 Meridian Avenue 4th Floor Miami Beach FL 33139 US Customer Contact Information Name Luis Aller Title Sr, Network Admin. Phone (305) 673 -7900 Email laller @miamibeachfl.gov Reseller / Referrer Contact Information Name None Title Phone Email None None None Dell Marketing L.P. Contact Information Prepared By Jim Carlton Title Phone Email Outside Sales Specialist III 40432763369 jcarlton@secureworks.com Manager Title Phone Email Steven Rich Regional Sales Director 40432763369 srich@secureworks.com Renewal Product SKU 0ty Term, Years Price Next - Generation Firewall 1 USD 14,136.26 Monitored Next - Generation Firewall: HA Pair: Med: 1 to 5 Devices MNGFW -HA -03 -0005 1 5/18/2018 - 5/17/2019 Log Retention Managed Log Retention: LogVault: up to 50 Sources MLOG -50 1 5/18/2018 - 5/17/2019 1 USD 7,508.03 f Inrastructure n tore ._._... Monitored Server and Network Infrastructure: up to 50 Devices _w SM -Tier3 1 5/18/2018 - 5/17/2019 1 USD 45,785.25 VulnerabilityScannlnk v QualysGuard Express: WAS: Gold: 50 WAS _w.. - 1 ___ USD 19,994.30 - -- QG -X- WAS -GLD -0050 1 5/18/2018- 5/17/2019 QualysGuard Express: VM: 1 Internal Virtual Scanner Included: Gold: 1536 Internal IPs QualysGuard Annual PCI Scan Subscription: Gold: 15 IPs QG- X -VM -VS -GLD -1536 1 5/18/2018- 5/17/2019 1 1 USD 17,994.00 QG -PCI -GLD -00015 1 5/18/2018- 5/17/2019 USD 827.20 License/Maintenance/Support SecureWorks Maintenance: LogVault 2.x: TIBCO LogLogic EVA Software Maintenance DSTLL MAINT -LV2 EVA 01 1 5/18/2018 - 5/1712019 1 USD 4,050.00 Renewal - Add Product SKU (qty Term Years Price Vulherability Scanning 1 USD 6,480.00 __ QualysGuard Express /Express Lite: ThreatProtect: Gold: 2048 IPs QG -XL -TP -GLD -2048 1 5/18/2018 - 5/17/2019 Disconnect,. _ Product QualysGuard Express: Policy Compliance: Bronze 2048 IPs SKU _ Qty Term __ QG- X- POL -BRZ -2048 -1 5/17/2018 - 5/17/2-_:_. 018 Years 0 Price USD OAO Disconnect Product SKU qty Term Years Price Firgwal l Monitored Firewali: Standalone: Sm: 1 to 5 Devices MFW -S -02 -0005 -2 5/17/2018 - 5/17/2018 1 USD 0.00 Next- Generation Firewali. MNGFW -S -02 -0005 -1 5/17/2018 - 5/17/2018 0 USD 0.00 Monitored Next - Generation Firewall: Standalone: Sm: 1 to 5 Devices __Vulnerability_Scanning.w,_. _: :'.__v__ QualysGuard Enterprise: Scanner Rental: Scanner lncluded QENT -R- SAN -2015 -1 5/17/2018 - 5/17/2018 0 USD 0.00 Total (excluding any applicable taxes) USD 116,775.04 Please return signed agreement by: 3/30/2018 Classification: // /Confidential - Limited External Distribution Page 1 of 2 Notes The charges reflected hereunder do not include taxes. Unless Customer has provided Dell Marketing L.P, (*Dell") with a valid resale or exemption certificate, Customer will be responsible for any sales, use, value-added or import taxes, customs duties or similar taxes, if applicable, assessed in accordance with applicable law with respect to the provision of the Services or goods received from Dell which shall be invoiced separately. If Customer is required by law to withhold or deduct an amount from payments due to Dell under this agreement, Customer shall include such additional amount to Dell with its payment to ensure that Dell receives, after such withholding or deduction, the amount that it would have been paid had no withholding or deduction been required. This Service Order (SO) and the resulting Purchase Order are subject to the WSCA-NASPO Agreement for Data Communications Products and Services, Number AR602, and the State of Florida Participating Addendum, Contract Number 43220000-WSCA-14-ACS (Dell Contract Code WWN30AGS). Customer acknowledges that it is an eligible purchaser under this Agreement. Dell's provision of the Managed Security • Services (MSS Services) is subject to the following: 1. MSS Services will be provided in accordance with the applicable Services Description(s). 2. Customer acknowledges that no additional terms contained in a Purchase Order or Purchase Form apply to Dell's provision of the MSS Services and any such additional terms shall be considered null and void. 3. Customer is granted a limited, • nontransferable and nonexclusive license to access and use, during the term of the MSS Services engagement, the hardware, proprietary software (in object code format only), and related documentation ("MSS Products") for Customer's internal security purposes only. Dell retains ownership of all right, title and interest in and to the MSS Products. Customer cannot transfer any of the MSS Products to any third party or otherwise use any MSS Product for the benefit of any third party; copy the MSS Products; decipher, decompile, disassemble, reconstruct, translate, or reverse engineer any source code or underlying ideas, algorithms, file formats, programming, or interoperability interfaces of any of the MSS Products; use any MSS Products to operate in or as a time-sharing, outsourcing, service bureau, hosting, •application service provider or managed service provider environment; or, alter or duplicate any aspect of any MSS Products. 4. Customer owns all right, title and interest in and to Customer data (including data in any summaries, analyses or reports generated in connection with the MSS Services). Customer grants to Dell a limited, non-exclusive license to use all such Customer data provided by Customer or • accessed or used by Dell solely to perform the MSS Services. Customer represents and warrants that it has the right to grant such license. Customer owns all right, title and interest in and to the deliverables and other tangible work product prepared by Dell specifically for Customer. 5. Dell owns all right, title and interest in and to all intellectual property, including patents, copyrights, trademarks, trade secrets and other proprietary information, and all inventions, methods, processes, and computer programs (including any source code, object code, enhancements and modifications), in any work developed by Dell in connection with the performance of the Services, except reports prepared exclusively for Customer. During the Term, Customer assigns to Dell all right, title and interest in any copyrights that Customer may have in such work. Dell grants to Customer a limited, non-exclusive license to use such works solely for the purpose of receiving the Services. 6. The charges reflected hereunder do not include taxes. Customer will be responsible for any sales, use, value-added or import taxes, customs duties or similar taxes, if applicable, assessed in accordance with applicable law with respect to the provision of the Services or goods received from Dell, which shall be invoiced separately. Immediately after the Effective Date of this Service Order, Dell shall send Customer an invoice for the first twelve (12) months of the Services for the Initial Term, plus any other fees due during the Initial Term. If the Initial Term is more than one (1) year in duration, then following the first twelve (12) months of the term, Dell shall send an invoice for each subsequent twelve (12) month period. 7. In the event of any expiration of termination of the WSCA Agreement and / or the State Participating Addendum prior to the end of the full term of this Service Order, this Service Order will continue through the full term of the Service Order, and the terms of the WSCA Agreement and the Participating Addendum will continue to apply through the expiration or termination of this Service Order. Dell shall send Customer an invoice for the MSS Service fees and any other one-time fees due hereunder on or after the Effective Date of this Service Order (as defined by the latest date in the signature blocks below). Dell shall send Customer an invoice for the first twelve (12) months of the MSS Service fees and any other one-time fees due hereunder on or after the Effective Date of this Service Order (as defined by the latest date in the signature blocks below). Thereafter, Dell shall send Customer an invoice for each subsequent twelve (12) month period during the remaining term of this Service Order. • This Service Order is subject to and governed by the Master Services Agreement ("MSA"), which is incorporated herein by reference in its entirety, currently in place by and between Dell and Customer (or Customer's Affiliate, with all terms and conditions applicable to Customer) that expressly authorizes Customer to purchase the Services described hereunder. In the event that such an MSA is not in place, this Service Order shall be subject to and governed by the terms located at https://www.dell.com/securityterms. Any terms and conditions set forth in a purchase order issued by Customer for this Service Order that are in addition to or that conflict with the MSA and/or this Service • Order, shall not apply and are to be considered null and void. This Service Order is effective as of the latest date In the signature block below (the "Effective Date"). Any changes made by Customer to this Se vice Order not authorized and initialed by Dell are null and void. Dell Marketing L.P. Customer: City of M' Authorized Signature: /Me: L. 711./..a2A. Authorized Signature: Print Name: Teri L. Miller Title: Chief Accounting Officer Date: 5/8/2018 ATTEST: Print Name: Title: i Beach es Is Customer Tax Exempt? Yes* Will a P.O. be required for payment? Yes* * Please include a copy of the certificate and/or P.O. with this contract or email to secureworksbilling@dell.com APPROVED AS TO ORM & LANGUAGE FOR EXECUTION Rafa I E. Granado, City Cie Please return signed agreement by: 3/30/2018 Classifica Attorney 06\410 Date r n della2 "ted Wrial Distribution \‘.S.S•S Page 2 of 2 MIAM BEACH Resolutions - C7 G COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 16, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5 /7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO NEGOTIATE AND EXECUTE AGREEMENTS FOR DELL SECUREWORKS PRODUCTS WITH DELL MARKETING L.P., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FORA ONE (1) YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $150,000.00. RECOMMENDATION Adopt the Resolution. ANALYSIS The Information and Technology ( "IT ") Department requires essential security solutions to protect the City of Miami Beach from any cyber- attacks and prevent any unauthorized internet user from accessing private networks connected to the Internet or intranet, as well as comply with regulations relating to the security of credit card payment transactions. In Fiscal Year 11/12, the IT Steering Committee approved funding for projects necessary to protect the City from any cyber - attacks and to comply with Payment Card Industry — Data Security Standard (PCI -DSS). Once funding was approved, the IT Department evaluating several options for the required security and selected Secureworks, which has been acquired by Dell Computers. The products were purchased pursuant to various publically procurement contracts (piggybacks). Most recently, on April 24, 2017, the City Manager approved the use of the competitively bid State of Florida ( "SOF ") Contract No. 43220000 - WSCA -14 -ACS and executed a one (1) year agreement with Dell, which is set to expire on May 17, 2018. However, the required products are no longer available on the referenced contract. In order to continue with these critical services and given the time sensitivities regarding the current contract expiration date, the Procurement Department researched several competitively bid contracts from public agencies and national cooperatives, such as the State of Florida, US Communities, and National Cooperative Purchasing Alliance. The system currently in use by the City is not available under any of the researched contracts, and therefore the City cannot "piggyback" the competitively awarded contracts of other public entities. Page 696 of 1842 The IT Department has determined that, at this time, it would not be cost effective to change the current system, as it has already been implemented for multiple years in the City's environment, and the possibility of considering a different system would require additional implementation cost, create a gap in operations, and open a window of opportunity for unauthorized internet users. Based on the foregoing, the City Manager recommends the waiver of competitive bidding requirements, as being in the best interest of the City to continue the services with Dell Secureworks, to protect the City of Miami Beach from any cyber - attacks and any unauthorized internet user from accessing private networks connected to the Internet or intranet, and further recommend negotiate agreements for a one (1) year period, in an amount not to exceed $150,000.00, to allow the Administration to seek competitive bids or cooperative agreements for the required products. CONCLUSION It is the recommendation of the Administration that the Mayor and City Commission accept the written recommendation of the City Manager (as set forth in the City Commission Memorandum accompanying this Resolution) and waive, by 5 /7th vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve and authorize the City Manager and the City Clerk to negotiate and execute agreements for Dell Secureworks with Dell Marketing L.P., in a form acceptable to the City Attorney, for a one (1) year period, in an amount not to exceed $150,000.00, to allow the Administration to seek competitive bids or cooperative agreements for the required products. KEY INTENDED OUTCOMES SUPPORTED Streamline The Delivery Of Services Through All Departments Legislative Tracking Information Technology /Procurement ATTACHMENTS: Description D Resolution Page 697 of 1842