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