Loading...
HomeMy WebLinkAbout40-02 RESOLUTION• • RESOLUTION NO.40-02 A RESOLUTION TO APPROVE A CONTRACT WITH SOUTHWESTERN BELL COMMUNICATIONS FOR DEDICATED WEB -SITE HOSTING SERVICES FOR THREE YEARS IN AN AMOUNT NOT TO EXCEED $21,408.00 (PLUS TAX) ANNUALLY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Contracts and Statement of Work for City of Fayetteville with Southwestern Bell Communications in an amount of not to exceed $21,408.00 (plus tax) annually for three years and authorizes the Mayor to execute said contract. PASSED and APPROVED this the 5th day of March, 2002. APPROVED: By • 1b. Woodruff, City Cl • NAME OF FILE: CROSS REFERENCE: Resolution No. 40-02 • 03/05/02 Resolution No. 40-02 Contract with Southwestern Bell Communications for dedicated Web - Site Hosting Services for three (3) years Appendix A (Contract)(SBC Communications) Appendix B (RFP Submission)(SBC Communications) Addendum 3. (Platinum Internet Data Center Infrastructure) Appendix A. (Proposer Guarantees) Appendix B. (Proposer Warranties) Appendix D. (Schedule of Fees and Expenses)(Web Hosting) 02/12/02 Memo to Fayetteville City Council thru Mayor Coody and Ted H. Webber, Administrative Services Director, from Budget and Research, regarding Web Hosting Contract - Southwestern Bell Communications 03/05/02 Staff Review Form 03/07/02 Memo to Kevin Springer, Budget and Research, from Heather Woodruff, City Clerk NOTES: Scyrep E -Services, Inc. (45. zid-o OfflWNAL z Contracts and Statement of Work for: City of Fayetteville Dedicated Hosting Last Updated - February 20, 2002 Prepared by - Brad Shepard, Data Solutions Manager a c m Services Summary This is a brief checklist of the services and pricing included in this contract. Please see the Customer Service Agreement(s) and the Statement of Work for details. Instructions: Mark choices with an "X" (or use a number If more than one of the same server is being ordered — and please note in special instructions as well) Package Selection (Mark selection with an "X") Compaq Sun $ 1,484.00 Start Up Pack DL 320 / Tape Back Up A10 / NetScreen 5XP S -Corp Netra t1 Recurring Fees Biz Pack DL 360 / Tape Back Up A10 / NetScreen 5XP S -Pro E220R Professional / Consulting Services Performance Pack DL 380 / Tape Back Up A10 / NetScreen 5XP X Tape Back Up (Do not fill in if Start Up Pack, Biz Pack or Performance Pack is selected) C -Lite DL 320 Managed Firewall (Do not fill in if Start Up Pack Biz Pack or Performance Pack is selected) C -Corp DL 360 X C -Pro DL 380 (DAS) Options and Upgrades Selection (Mark selection with an "X") Fees and Charges Summary (Total of all services ordered) Non -Recurring Set-up Fees IP Address Upgrade (Note: All servers will be assigned one IP address as a default — the second or additional IP addresses will require filling out the IP Address Management Guidelines form) $ 1,484.00 RAM Upgrade Monthly Hard Drive Upgrade Recurring Fees Processor Upgrade $ 1,484.00 Professional / Consulting Services Total ($ USD) Monitoring Upgrade X Tape Back Up (Do not fill in if Start Up Pack, Biz Pack or Performance Pack is selected) X Managed Firewall (Do not fill in if Start Up Pack Biz Pack or Performance Pack is selected) Load Balancing (Note: two or more servers are required for the Load Balancing upgrade) Storage (DAS) Fees and Charges Summary (Total of all services ordered) Non -Recurring Set-up Fees Invoice Billing $ 1,484.00 Credit Card of Credit Card — client to fill Monthly Form) Recurring Fees 36 Month Contract $ 1,484.00 Total ($ USD) $ 1,484.00 Payment Method X Invoice Billing Credit Card of Credit Card — client to fill out the Credit Card Information Form) Dedicated Hosting Services provided by SBC E -Services, Inc Sales Instructions (1) (2) Dedicated Hosting Statement of Work (SOW) A Statement of Work (SOW) is REOUIRED for EACH server. Attach all SOW to the package. Fill in ALL required fields Company City of Fayetteville Domain www.accessfavetteville.org 13 Digit BTN 1 Client Technical or Primary Contact (Required Information) Contact Name Jason Herron Title Site Developer Street Address Street Address 4058 N. College Phone (501) 582-5100 Mobile Rm./Ste. Rm./Ste. Floor #2 Pager City City Fayetteville Fax State State AR ZIP 72703 Other Country Country USA e-mail Cason@ifworld.com Client Secondary Contact (Optional Information) Contact Name Kevin Springer Title Purchasing Street Address 113 W Mountain Street Phone Mobile Mobile Rm./Ste. Rm./Ste. Pager Pager City City Fax Fax State State ZIP ZIP Other Country Country e-mail e-mail Section 2. Client Billing Contact (Required Information) Contact Name Kevin Springer Title Purchasing Billing Address 113 W Mountain Street Phone (501) 575-8256 Mobile Rm./Ste. Pager City Fayetteville Fax (501) 575-8257 State AR ZIP 72701 Country USA e-mail kspringer@ci. ayetteville.ar.us Dedicated Hosting Services provided by SBC E -Services, Inc Section 3. SBC Contact Information SBC Sales Contact Contact Name Brad Shepard Title DSM Street Address 138 N. East Avenue Phone (214) 576-7228 (501) 442-1938 Mobile 7.4002 Rm./Ste. Room 100 Pager 800-253-9254 City Fayetteville Fax TX (501) 442-3388 State AR ZIP 72701 Other mn5972@txmail.sbc.com --� e-mail Bs7892@sbc.com SBC Sales Code 80 SBC Design Engineer / IP Specialist, or other Technical Contact Contact Name Matt Nowicki Title Web Hosting Street Address 2600 N. Central Expressway Phone (214) 576-7228 Mobile Rm./Ste. 7.4002 Pager City Richardson Fax State TX ZIP 75080 Other f �r e-mail mn5972@txmail.sbc.com --� SBC Sales Code 'SBC Region (Region this customer is in) REQUIRED INFORMATION X SWBT — Southwestern Bell Missouri, Oklahoma, Kansas, Arkansas Texas H PB — Pacific Bell California and Nevada AIT—Ameritech Illinois Indiana, Michi•an Ohio Wisconsin SNET — Southern New En • land Tele • hone Connecticut .00R — Out of Re • ion All other U.S. States f �r INTL — International --� Dedicated Hosting Services provided by SBC E -Services, Inc 1 (Mark Section 4. Services Summary Choices with an "X") Operat ng System J Option 1: Packaged Packaged Solutions Firewall at a discounted Addendums with Wnrlo x2000 0 Sun Solaris 0 Linux 0 I X 1 1 Solutions (Compaq ONLY). These packages include Tape Back Up A10 and a NetScreen 5XP price. If this option is selected, be sure to include the Tape Back Up and Firewall the Dedicated Hosting Customer Service Agreement. Order Type Solution Type Term Length X r— New (N) Compaq Start Up Pack DL 320 10 GB of Transfer Tape Back Up A10 NetScreen 5XP 1 Year Change (C) Biz Pack DL 380 40 GB of Transfer Tape Back Up A10 NetScreen 5XP 2 Year Disconnect (D) X Performance Pack DL 380 80 GB of Transfer Tape Back Up A10 NetScreen 5XP X 3 Year Other Option 2: Server Solutions a la carte servers) Server Solutions (Compaq or Sun). These packages are SERVERS ONLY. If this option is selected, be sure to include the Dedicated Hosting Customer Service Agreement. The Tape Back Up and Firewall Addendums should be removed. Order Type Solution Type Term Length Inc New (N) Compaq Sun C -Lite DL 320 10 GB of Transfer S -Corp Netra t1 40 GB of Transfer 1 Year Dedicated Hosting Services provided by SBC E -Services, Change (C) C-Corp DL 360 40 GB of Transfer S-Pro E220R 80 GB of Transfer 2 Year Disconnect (D) C-Pro DL 380 80 GB of Transfer 3 Year Other Section 5. Optional Server Upgrades (Mark with an "X" and/or Mark Hard Drives with quantity) Compaq Server Options Available for both Compaq Packaged Solutions and Compaq Server Solutions servers. DL 320 Options DL 360 Options DL 380 Options Total IP Address Total IP Address Total IP Address 16 16 16 32 32 32 64 64 64 128 128 128 256 256 256 Total RAM Total RAM Total RAM 256 MB SDRAM 512 MB SDRAM 512 MB SDRAM i 1024 MB SDRAM 1024 MB SDRAM 1024 MB SDRAM 2048 MB SDRAM 2048 MB SDRAM 2048 MB SDRAM 4096 MB SDRAM 4096 MB SDRAM Additional Hard Drive Additional Hard Drive Additional Hard Drive 9.1 GB SCSI 10K 9.1 GB SCSI 10K 18 GB SCSI 10K 18 GB SCSI 10K 18 GB SCSI 10K 36 GB SCSI 10K 36 GB SCSI 10K 36 GB SCSI 10K Additional Processor Additional Processor 1.0 GHz Pentium III 1.0 GHz Pentium III Sun Server Options Netra t1 Options E220R Total IP Address Total IP Address 16 16 32 32 64 64 128 128 256 256 Total RAM 512 MB 1024 MB 2048 MB Additional Hard Drive 36 GB SCSI Dedicated Hosting Services provided by SBC E-Services, Inc Section 6. Professional / Consulting Services Summary (use additional pages if needed) Consulting Service Brief Description Setup Fee ($ USD) Monthly Fee ($ Hourly Fee ($ Per Server Fee USD) USD) ($USD) Monitoring Upgrade N/A $ $ $ $ N/A $ $ 150.00 $ N/A $ Set-up - Upgrades $ Section 7. Optional Enhanced Services Summary (attach addendums for each as needed) NOTE: If Start Up Pack Biz Pack or Performance Pack is selected, DO NOT fill in the Tape Back Up and Firewall sec ions of this table. Service Brief Description Setup Fee ($ USD) Monthly Fee ($ USD) 1 Monitoring Upgrade 1 $ $ 1,069.00 $ Tape Back Up Qualstar, A10 Tape Backup, Veritas software, weekly backup for 10GB $ 415.00 $ 150.00 $ Approved Discount Dollar Amount $ 150.00 Set-up - Upgrades Managed Firewall NetScreen 5XP Managed Firewall Service, ScreenOS 2.6 Software, ($ USD) $ 265.00 $ $ 265.00 Balancing Load $ Approved Discount Dollar Amount $ $ $ Storage (DAS) $ $ 1,484.00 $ Section 8. Non -Recurring Pricing Summary (Required Information) Non -Recurring Set-up Fees Units NRC ($ USD) 1 Set-up - Package or Server 1 $ 1,069.00 Set-up - Server Options $ $ 415.00 Set-up - Consulting Services $ Approved Discount Dollar Amount $ Set-up - Upgrades (firewall, etc) Total ($ USD) $ Estimated One - Time Consulting Fees $ Approved Discount Dollar Amount $ Total ($ USD) $ 1,484.00 Section 9. Recurring Pricing Summary (Required Information) Monthly -Recurring Fees Units Recurring Fee ($ USD) Monthly Fee - Package or Server 1 $ 1,069.00 Monthly Fee - Server Options $ 415.00 Monthly Fee - Consulting Services $ Monthly Fee - Upgrades (firewall, etc) $ Approved Discount Dollar Amount $ Total ($ USD) $ 1,484.00 Dedicated Hosting Services provided by SBC E -Services, Inc .fit• v'_ r IMPORTANT NOTES*" The pricing in sections 8 and 9 reflects the configuration and features you selected as of the date on this Statement of Work. Variables you choose after filling out this Statement of Work, such Professional Services/Consulting, hardware options, additional services and Usage Overages may affect your fees. Professional Services/Consulting, hardware options and additional services may be added to your account and are handled on a per customer basis. Please discuss Professional Services/Consulting, hardware options and additional services with your Account Manager. Overage charges include but are not limited to (1) Data Transfer Above Limit at S5 per GB for each GB of data transfer over the included allotment (2) Tape Back Up overages and consulting - see Tape Back Up Addendum for pricing and (3) Firewall overages and consulting - see Firewall Addendum for pricing. Special Instructions SBC will register domain name(s) on behalf of client if requested. Make request in this "Special Instructions" box. A registration fee will apply. Section 10. Statement of Work Acceptance (Required Information) Client Signature The Client, by signing below, indicates that the Statement of Work has been read and the terms have been accepted. This Statement of Work is subject to the terms and conditions of the Dedicated Hosting Customer Service Agreement. Dedicated Hosting Services provided by SBC E -Services, Inc Order Completion Date' 'Order Completion date supplied by SBC Client Accept Signature a de6V----- For Internal Use a� D = Account Manager � . Name .1/1,0.1/1,0(. /� oo,.by Account Manager Ph / 6 rS if- / hZD Date ✓ /0g _ Date Recd 2 _' op (crZ Dedicated Hosting Services provided by SBC E -Services, Inc IP Address Management Guidelines As a responsible member of the INTERNET community, SBC must abide by the policies set forth by ICANN and ARIN in regard to address allocation to customers. The address space that is currently unassigned in IPv4 space (32-bit addressing) is becoming constricted, and measures to ensure the future viability of the Internet may cause conflicts with customer network planning unless responsible and efficient usage of subnet space is agreed upon between providers and their customer base. In cooperation with our customers, SBC must plan to make the most efficient use of allocated network space so that we can continue to route traffic and obtain new network address space when requested. SBC encourages and supports our customers in the growth of their networks, and we will assign addresses to customers who genuinely require the address space for their networks. However, we must examine all requests for address space with care to validate the use of the IP numbers that are allocated. Background ARIN allocates blocks of IP addresses to Internet Service Providers (ISPs) for the purpose of reassigning that space to their customers. ARIN takes guidance from allocation policies and procedures set forth in RFC 2050. ISPs are required to use a utilization efficiency criterion in providing address space to their customers. To this end, ISPs should have documented justification available for each allocation. ARIN may request this justification at any time. If the justification is not provided, this may impact future receipt of allocations. In extreme cases, existing allocations may be affected. Because the number of available IP addresses on the Internet is limited, many factors must be considered in the determination of address space assignment. Utilization rate of address space will be a key factor, but not the only factor, in network number assignment. Responsibility and Authority The assignment and management of IP addresses is the responsibility of the SBC E -Services. SBC E -Services will be charged with obtaining addresses (referred to as blocks) from the organization(s) who dispense them to backbone service providers. The governing organization is the American Registry for Internet Numbers (ARIN) in North and South America. The Sales and Sales Engineering Departments will be responsible for providing address justification as part of a customer's order. Once the order is turned over to the provisioning group, provisioning will work with the customer's technical representative on an ongoing basis to that the IP addresses fulfill their business requirements. SBC E -Services will conduct audits of all address blocks, including subnets provided to customers, to ensure efficient usage of assigned addresses. This auditing will be conducted frequently to ensure effective usage of currently assigned blocks and the availability of new blocks. The auditing will be conducted through a variety of methods including, but not limited to, ping sweeps, reverse DNS lookups, and periodic reviews of customer IP justification forms. The detailed results of these audits will be made available upon request to the Sales Department, in case specific account management is required to maintain a healthy customer relationship. Conclusion SBC E -Services will provide the customer with as many addresses as needed to operate on the Internet. The customer is expected to utilize these addresses effectively and not simply based on convenience. All requests for a change in a customers IP allocation should be called in to 888 -Web -Host to discuss the necessary documentation. Dedicated Hosting Services provided by SBC E -Services. Inc Number of IP Addresses Requested (Mark with an "X" under IP Addresses) Request IP Choices IP Addresses Up to 2 (2 maximum) Up to 16 (16 maximum) Up to 32 (32 maximum) Up to 64 (64 maximum) Up to 128 (128 maximum) Up to 256 (256 maximum) IP address approvals are at SBC Communications discretion based on our ability to determine your immediate or future need. SBC reserves the right to refuse IP address requests. Evaluation Criteria / Questionnaire While SBC has offered multiple IP addresses with their Dedicated Hosting packages, the implementation of IP addresses is limited by ARIN's new policies for IP Address justification. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name -based hosting where possible. Below please find additional guidelines in ARIN justification requests: 1) Do you have client machines that do not need a fixed IP address? Consideration should be given towards employing name -based instead of IP -based virtual domain hosting. This will allow you to host an unlimited number of domains (subject to the limits of your web server software/hardware) per web server without needing a separate IP address per domain. Do you have client machines that do not need a fixed IP address? 2) Are you employing the webhosting services for primary or secondary DNS? If so, DNS servers meet ARIN justifications for hard -coded IP address implementation. Are you employing the webhosting services for primary or secondary DNS? 3) Are you installing SSL certificates for secure transactions? If so, SSL cert providers require a hard -coded IP address. Therefore this falls into adequate ARIN justificat'on. Are you installing SSL certificates for secure transactions? 4) Are you employing Mail or Database services on your dedicated Webhosting server? If you are you are employing a separate, dedicated mail or database server, this would fall within ARIN guidelines for a dedicated IP address. Are you employing Mail or Database services on your dedicated Webhosting server? Dedicated Hosting Services provided by SBC E -Services, Inc TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Client is to 1111 out this form If they do not normally pay sales tax to the State of Texas. Otherwise the client will be billed for Texas Sales Tax. Name of Purchaser, Firm or Agency: City of Fayetteville Address (Street & number, P.O. Box or Route Number), Phone # (including area code) 113 West Mountain City, State, Zip: Fayetteville, AR 72701 I, the purchaser named above, claim an exemption items described below or on the attached order or invoice from payment of sales form: and use taxes for the purchase of taxable Seller: Street address: City, State, Zip: Description of items to be purchased or on the attached order or invoice: Purchaser claims this the state of Texas): exemption for the following reason (i.e., reseller or benefit_of service will be used outside. of I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code: Limited Sales, Excise and Use Tax Act; Municipal Sales and Use Tax Act; County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population of 125,000 of less. I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time of purchase, will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. � �>I '8Title: Purchaser: 1.. /� / /7?/� j2 Signature. ' �� Date: 3/5-4fi Note: THIS CERTIFICA Dr/ES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or ax Exempt" Numbers do not exist. Dedicated Hosting Services provided by SBC E -Services, Inc DEDICATED HOSTING CUSTOMER SERVICE AGREEMENT This is an agreement between you ("Account Holder") and SBC E -Services, for itself and on behalf of its Affiliates ("SBC") regarding your use of SBC's computer, interactive information, communication and server management services related to hosting one or more websites for you. 1. OVERVIEW. 1.1 General. This Agreement governs the terms and conditions under which SBC makes the services offered by SBC available to individual consumers or small businesses. Under this Agreement, you must comply with SBC 's then current "Acceptable Use Policy," as updated from time to time by SBC, which can be viewed at www.webhosting.com. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THIS ORDER FOR SERVICES PROVIDED BY SBC YOU AND YOUR BUSINESS ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND SBC's ACCEPTABLE USE POLICY. 1.2 Definitions. (a) "Affiliate° of any Person means any other Person directly or indirectly controlling, directly or indirectly controlled by or under direct or indirect, control with such Person. As used in this definition, the term "control," "controlling" or "controlled by" shall mean in possession, directly or indirectly, of the power either to (i) vote fifty percent (50%) or more of the securities or interests having ordinary voting power for the election of directors (or other comparable controlling body) of such Person or (ii) direct or cause the direction of the actions, management or policies of such Person, whether through the ownership of voting securities or interest, by contract or otherwise, excluding in each case, any lender of such Person or any Affiliate of such lender. (b) "Initial Term" means the minimum term for which SBC will provide the Service(s) to Account Holder, as indicated on the Statement of Work. Except as otherwise expressly provided in this Agreement, SBC is obligated to provide and Account Holder is obligated to pay for each Service through its Initial Term and any Renewal Term. (c) "Internet Data Center(s)" or "IDC" means any of the facilities from which SBC provides Dedicated Webhosting Service(s). (d) "Renewal Term" means any service term following the Initial Term, as specified in Section 2.2. (e) "SBC Acceptable Use Policy" means the SBC Acceptable Use Policy and Terms and Conditions, the general terms and conditions governing Account Holder's use of Services, including, but not limited to, online conduct, and the obligations of Account Holder and its Representatives in the Internet Data Centers, as set forth in Appendix "A" hereto and as periodically updated on SBC's website www.webhosting.com. (1) "Service(s)" means the specific service(s) provided by SBC as described on the Statement(s) of Work). (g) "Statement of Work" means the detailed description(s) of the Services set forth in Appendix "B" hereto. 2. DELIVERY OR SERVICES; TERMS; FEES 2.1 Delivery of Services. (a) General. By submitting a Statement of Work, Account Holder agrees to take and pay for, and, by accepting the Statement of Work, and, upon the Effective Date, SBC agrees to provide, the Service(s) during the Initial Term and for any Renewal Term as specified in paragraph 2.2(b) below. A rejected Statement of Work, when modified and resubmitted, shall be considered a new Statement of Work submission. 2.2 Term. (a) Term Commencement. SBC will host an account for Account Holder, for the Account Holder's registered domain name, for the period of time (the "Term") corresponding with the payment plan chosen by the Account Holder. (b) Renewal term(s). This contract will be automatically renewed for a period of one (1) month at the end of the Term ("Renewal Term") and each successive Renewal Term, unless terminated prior, at SBC's then -current rates and charges. Termination of services by the Account Holder must be given in written form, at least 30 days prior to the termination date. Phone notification is not acceptable. Dedicated Hosting Services provided by SBC E -Services, Inc 3. FEES AND PAYMENT TERMS 3.1 Fees and Expenses. Account Holder will pay all fees due according to the prices and terms listed in the Statements of Work. The prices listed in the Statement(s) of Work will remain in effect during the Initial Term indicated in the Statements of Work and will continue thereafter, unless modified in accordance with Section 3.3. Variables the Account Holder chooses after filling out the Statement of Work, such Professional Services/Consulting, hardware options, additional services and Usage Overages may affect the billed fees. Overage charges include but are not limited to (1) Data Transfer Above Limit at the rate charged by SBC over the included allotment (2) Tape Back Up overages and consulting — see Tape Back Up Addendum for pricing and (3) Firewall overages and consulting — see Firewall Addendum for pricing. 3.2. Payment Terms. SBC may require a security deposit prior to provisioning Service. All installation fees and non-recurring charges, along with the first month's service fees, shall be due and payable within 14 days of invoice date. Thereafter, recurring fees will be invoiced on a monthly basis according to SBC's billing cycle and are due within 14 days of billing date. Accounts that are past due by more than thirty (30) calendar days shall be subject to immediate interruption of service(s), with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of SBC. Reactivation of the service after termination or cancellation for any reason shall require the payment of additional installation charges and is subject to the availability of facilities. All inquiries regarding payment or your account should be directed in the United States to 888 -WEB -HOST (888 932-4678) and in Canada, 416 260-5411. 3.3 Price Changes. During the initial term of this Agreement, Account Holder will not be charged an amount greater than the price set for the Services hereunder. SBC, however, reserves the right to change, without prior notice, after such initial term, the prices charged to the Account Holder for the services provided by SBC. Upon renewal, as provided in paragraph 2.2(b) above, the prices charged may be changed to the then prevailing price for the Services. 3.4 Taxes. Each Party purchasing functions, facilities, products and services (Services) under this Agreement shall pay or otherwise be i responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement provided by or to such Party. (a) Billing and Withholding. Whenever possible, Taxes shall be billed as a separate item on the invoice. If the Account Holder is required by mandatory law, to withhold taxes based upon any payments made to SBC from or on behalf of Account Holder under the terms of this Agreement, the parties agree that such payments to SBC shall be grossed up to reflect such levies. Account Holder shall provide SBC with all documents establishing the basis and the amount of such deduction and the payment by Account Holder thereof to the respective tax authority. (b) With respect to any purchase of Services under this Agreement if any Tax is required or permitted by Applicable Law to be collected from the Account Holder by SBC, then: (i) SBC shall bill the Account Holder for such Tax; (ii) the Account Holder shall remit such Tax to SBC; and (iii) SBC shall remit such collected Tax to the applicable taxing authority. Failure to include Taxes on an invoice or to state a Tax separately shall not impair the obligation of the purchasing Party to pay any Tax. Nothing shall prevent SBC from paying any Tax to the appropriate taxing authority prior to the time: (1) it bills the Account Holder for such Tax, or (2) it collects the Tax from the Account Holder. ( c) Resold Services. With respect to any purchase hereunder of Services, under this Agreement that are resold to a third party, if any Tax is imposed by Applicable Law on the end user in connection with any such purchase, then: (i) the purchasing Party shall be required to impose and/or collect such Tax from the End User; and (ii) the purchasing Party shall remit such Tax to the applicable taxing authority. The purchasing Party agrees to indemnify and hold harmless the providing Party for any costs incurred by the providing Party as a result of actions taken by the applicable taxing authority to collect the Tax from the providing Party due to the failure of the purchasing Party to pay or collect and remit such tax to such authority. (d) Uncollected Taxes. If SBC fails to bill or to collect any Tax as required herein, then, as between SBC and the Account Holder (i) the Account Holder shall remain liable for such Dedicated Hosting Services provided by SBC E -Services, Inc uncollected Tax; and (ii) SBC shall be liable for any penalty and interest assessed with respect to such uncollected Tax by such authority. However, if the Account Holder fails to pay any Taxes properly billed, then, as between SBC and the Account Holder the Account Holder will be solely responsible for payment of the Taxes, penalty and interest. (e) If the Account Holder fails to impose and/or collect any Tax from end users or its other retail customers as required herein, then, as between SBC and the Account Holder, the Account Holder shall remain liable for such uncollected Tax and any interest and penalty assessed thereon with respect to the uncollected Tax by the applicable taxing authority. With respect to any Tax that the Account Holder has agreed to pay or impose on and/or collect from end users or its other retail customers, the Account Holder agrees to indemnify and hold harmless SBC for any costs incurred by the providing Party as a result of actions taken by the applicable taxing authority to collect the Tax from SBC due to the failure of the Account Holder to pay or collect and remit such Tax to such authority. (1) Audits. If either Party is audited by a taxing authority or other Governmental Authority, the other Party agrees to reasonably cooperate with the Party being audited in order to respond to any audit inquiries in a proper and timely manner so that the audit and/or any resulting controversy may be resolved expeditiously. (g) Tax Exemptions. To the extent a sale is claimed to be for resale and thus subject to tax exemption, the Account Holder shall fumish SBC a proper resale tax exemption certificate as authorized or required by statute or regulation of the jurisdiction providing said resale tax exemption. Failure to timely provide said resale tax exemption certificate will result in no exemption being available to the Account Holder for any period prior to the date that the Account Holder presents a valid certificate. If Applicable Law excludes or exempts a purchase of Services, under this Agreement from a Tax, but does not also provide an exemption procedure, then the providing Party will not collect such Tax if the Account Holder (a) furnishes SBC with a letter signed by an officer of the purchasing Party claiming an exemption and identifying the Applicable Law that both allows such exemption and does not require an exemption certificate; and (b) supplies SBC with an indemnification agreement, reasonably acceptable to SBC, which holds SBC harmless from any tax, interest, penalties, loss, cost or expense with respect to forbearing to collect such Tax. (h) Controversies. With respect to any Tax or Tax controversy covered by this Section, the Account Holder is entitled to contest with the imposing jurisdiction, pursuant to applicable law and at its own expense, any Tax that it is ultimately obligated to pay or collect. The purchasing Party will ensure that no lien is attached to any asset of SBC as a result of any contest. The Account Holder shall be entitled to the benefit of any refund or recovery of amounts that it had previously paid resulting from such a contest. Amounts previously paid by SBC shall be refunded to the SBC. The parties agree to cooperate with each other in any such contest. (1) Notices. All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section 3 shall be sent in accordance with Section 10.9 hereof. 4. CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY OWNERSHIP; LICENSE GRANTS. 4.1 Confidential Information. (a) Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other partys business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information'). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, SBC developed technology, Account Holder developed technology, and the terms and conditions of this Agreement. Each party agrees that it will not use in any way, for its own account or the account of any third party except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party's attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information and will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect its own Confidential Information. Dedicated Hosting Services provided by SBC E -Services, Inc (b) Exceptions. Information will not be deemed Confidential Information hereunder if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or (iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a govemmental agency or by operation of law, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure. 4.2 Intellectual Property. (a) Ownership. Except for the rights expressly granted herein), this Agreement does not transfer from SBC to Account Holder any SBC developed technology, and all right, title and interest in and to such technology will remain solely with SBC. Except for the rights expressly granted herein, this Agreement does not transfer from Account Holder to SBC any Account Holder developed technology, and all right, title and interest in and to such technology will remain solely with Account Holder. SBC and Account Holder each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party. (b) General Skills and Knowledge. Notwithstanding anything to the contrary in this Agreement, SBC will not be prohibited or enjoined at any time by Account Holder from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of SBC. 5. SBC REPRESENTATIONS AND WARRANTIES. 5.1 Authority and Performance of SBC. SBC represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (11) the performance of its obligations and delivery of the Services to Account Holder will not violate any applicable U.S. laws or regulations, or cause a breach of any agreements with any third parties. SBC warrants that it is either the owner or licensee of any software involved herein and all documentation related to any such software, and has the right and power to deliver and license the software and all documentation related to the software. Warranty service provided under this Agreement does not insure uninterrupted operation of the system. Except for the limited warranties set forth herein, Software is provided "as is" without warranty of any kind, either express or implied. SBC does not warrant that the software, including security software, operates without error or will prevent third party hacking or access to Account Holder's networks. In the event of a breach of the warranties set forth in this paragraph 5.1, Account Holder's sole remedy is termination pursuant to Section 9 of the Agreement. 5.2. Service Level Warranty. In the event that Account Holder experiences any of the service pertormance issues defined in this Section 5.2 as a result of SBC' failure to provide Services in accordance with this Agreement, SBC will, upon Account Holder's request in accordance with this Section 5 (the "Service Level Warranty"), issue a service credit to Account Holder's account as described below. The Service Level Warranty shall not apply to performance issues (i) caused by factors outside of SBC' reasonable control; (ii) that resulted from any actions or inaction's of Account Holder or any third parties; or (iii) that resulted from Account Holder's equipment or software and/or third party equipment or software (not within the sole control of SBC). (a) Service Credits. Service credits will be issued if SBC fails to meet the Service Levels. Credits for any incident, or multiple incidents, within any calendar month will not exceed Account Holder's monthly bill for recurring charges during such month (b) Downtime Periods. In the event Account Holder experiences Downtime, Account Holder shall be eligible to receive from SBC a service credit for each Downtime period with a maximum aggregate service credit of one -month's billing charges for all Downtime for incidents occurring during such month. "Downtime", as used herein, -- shall mean any period in excess of (30) consecutive minutes during which SBC's equipment is incapable of delivering Dedicated Hosting Services provided by SBC E -Services, Inc the Service(s), but shall not include periods during which SBC's equipment is capable of delivering the Service(s), but Account Holder, for whatever reason, is not utilizing the Service(s). Downtime shall not include any network unavailability during SBC's scheduled maintenance of the Internet Data Centers, network and Service(s), as described in the Rules and Regulations, or due to Force Majeure. (c) Account Holder Must Request Service Credit. In order to receive any of the Service Credits described in this Section 5.2, Account Holder must notify SBC within five (5) days from the time Account Holder becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Account Holder's right to receive a Service Credit. (d) Termination Option for Repeatedly Failing to Meet Common Obligations. Failure by SBC to fulfill its obligations under any specific Statement of Work(s) shall be remedied in accordance with the provisions of the relevant Statement of Work(s). Termination under this provision due to repeated failure to meet common obligations will be effective thirty (30) days after receipt of such notice by SBC. (e) THE SERVICE LEVEL WARRANTY SET FORTH IN THIS SECTION 5.2 SHALL ONLY APPLY TO THE SERVICE(S) PROVIDED BY SBC AND, DOES NOT APPLY TO ANY OTHER PRODUCTS OR SERVICES RECEIVED BY ACCOUNT HOLDER FROM SBC; OR ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SPECIFICATION SHEETS FOR SUCH SERVICES). THIS SECTION 5.2 STATES ACCOUNT HOLDER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY SBC TO PROVIDE SERVICE(s). 5.3 No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ACCOUNT HOLDER'S USE OF THE SERVICES IS AT rT5 OWN RISK. SBC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SBC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. 5.4 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. SBC DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SBC' NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCOUNT HOLDER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH SBC WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, SBC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SBC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 5.5 Disclaimer of Actions Caused by and/or Under the Control of Account Holder. SBC SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY THE ACCOUNT HOLDER'S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL OPERATIONAL ISSUES WHICH MAY ARISE AS A RESULT OF THE ADDITION OF SOFTWARE BY ACCOUNT HOLDER. SBC SHALL NOT BE LIABLE FOR ANY DELAY IN PROVIDING OR ANY FAILURE TO PROVIDE SERVICES IF SUCH DELAY IS CAUSED BY FORCES BEYOND THE REASONABLE CONTROL OF SBC. 6.ACCOUNT HOLDER OBLIGATIONS. 6.1. Account Holder Responsibility. The terms of this Agreement shall apply to all accounts, sub - accounts, and alternative account names associated with Account Holder's principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A SBC account may not be transferred without prior written approval from SBC. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the SBC services, including any damages resulting therefrom, until the Account Holder notifies SBC 's customer service. 6.2. IP Address. If SBC assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the SBC services, the right to use that Internet Protocol address will remain with and belong only to SBC, and the Account Holder shall have no right to use such Internet Protocol address except as allowed by SBC in its sole and absolute discretion. Dedicated Hosting Services provided by SBC E -Services, Inc 6.3 Warranties of Account Holder. (a) General. Account Holder represents and warrants that (i) it has the legal right and authority, and will continue to own or maintain the legal right and authority, during the term of this Agreement, to place and use any Account Holder Equipment as contemplated under this Agreement; (ii) the performance of its obligations and use of the Services (by Account Holder, its customers and users) will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other SBC customers' use of SBC services, and that it will strictly comply with the SBC Acceptable Use Policy, a copy of which Is attached hereto as Appendix "A', and these Terms and Conditions. (b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, SBC will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by SBC to prevent any harm to SBC and its business SBC will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, SBC will promptly restore the Service(s). 6.4 Compliance with Law and SBC Acceptable Use Policy and Terms and Conditions. Account Holder agrees that it will use the Service(s) only for lawful purposes and in accordance with this Agreement. Account Holder will strictly comply at all times with all applicable laws and regulations and the SBC Acceptable Use Policy and Terms and Conditions, as updated by SBC from time to time. The SBC Acceptable Use Policy and Terms and Conditions are incorporated herein and made a part hereof by this reference. SBC may change the SBC Acceptable Use Policy and Terms and Conditions upon ten (10) days' notice to Account Holder, which notice may be provided by posting such new SBC Acceptable Use Policy and Terms and Conditions at the SBC Web site www.webhosting.com and notifying Account Holder through electronic mail at an address to be designated by Account Holder that such change has been posted. Account Holder agrees that it has received, read and understands the current version of the SBC Acceptable Use Policy and Terms and Conditions. The SBC Acceptable Use Policy and Terms and Conditions contain restrictions on Account Holder's and Account Holder's users' online conduct (including prohibitions against unsolicited commercial email) and may contain financial penalties for violations of such restrictions. Account Holder agrees to comply with such restrictions and, in the event of a failure to comply, Account Holder agrees to pay the financial penalties in accordance with the SBC Acceptable Use Policy and Terms and Conditions. Account Holder acknowledges that SBC exercises no control whatsoever over the content of the information passing through Account Holder's site(s) and that it is the sole responsibility of Account Holder to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the SBC Acceptable Use Policy and Terms and Conditions. 6.5 Termination for Violation. Violations of these or any other provisions of this Agreement may result in termination of the services provided by SBC in its discretion, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of SBC based upon the severity of the violation. SBC reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed prohibited unlawful, unlicensed, illegal, misleading, or obscene, or is otherwise in breach of SBC's then current "Acceptable Use Policy" in SBC's sole discretion. If SBC terminates the services being provided to the Account Holder due to a violation of the Acceptable Use Policy, such termination shall be without refund Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnity and hold harmless SBC from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by SBC, (collectively, "Claims") related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement. If the Account Holder sells or resells advertising or webspace to a third party, then the Account Holder shall be responsible for the contents of such advertising and the actions of such third party. SBC has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current SBC "Acceptable Use Policy". The e- mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by SBC, SBC may terminate the services being provided to the Account Holder, without refund. Dedicated Hosting Services provided by SBC E -Services, Inc 6.6. Passwords- Account Ownership. The Account Holder shall be responsible for maintaining security of its password. SBC will not change passwords to any account without proof of identification, which is satisfactory to SBC, which may include written authorization with signature. In the event of any dissolution of a corporation or partnership, divorce or other legal action that includes Account Holder, Account Holder understands that SBC will remain neutral and may put the account on hold until final adjudication of the disposition of the domain name by a court with appropriate jurisdiction. Under no circumstances will SBC be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless SBC from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement. 6.7. Transfer of Rights. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of SBC. 7. LIMITATION OF LIABILITY. 7.1 Service Interruption. SBC will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall SBC be liable to the Account Holder for any damages resulting from or related to any failure or delay of SBC in providing access to the Internet under this Agreement. 7.2 CONSEQUENTIAL DAMAGES WAIVER. IN NO EVENT SHALL SBC BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. THE AGGREGATE, TOTAL LIABILITY OF SBC UNDER THIS AGREEMENT, IF ANY, SHALL IN NO EVENT OR CIRCUMSTANCE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE ACCOUNT HOLDER HEREUNDER. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. 7.3. Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that SBC has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose. 8. INDEMNIFICATION. 8.1 Indemnification. The Account Holder agrees to indemnity and hold SBC harmless from any and all claims or causes of action of any kind or nature, arising out of or related to Account Holder's use of products and services, including the software load of any upgrades or patches, purchased from or provided by SBC, as well as all claims or causes of action of any kind or nature brought by any third party, or any of Account Holder's own customers. The Account Holder and SBC will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement. 9.TERMINATION. 9.1. Termination For Cause. Either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay tees, which must be cured within five (5) days after receipt of written notice from SBC; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of f iling. 9.2 Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms. In the case of Customer's termination or cancellation without cause, Customer Dedicated Hosting Services provided by SBC E -Services, Inc 1 shall be immediately liable to SBC for all rates and charges through the Term, less SBC's reasonable avoided costs. 9.3. Effect of Termination. Upon the effective date of termination of this Agreement: (a) SBC will immediately cease providing the Service(s); and (b) any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due. 9.4. Survival. The following provisions will survive any expiration or termination of the Agreement: Sections 3.1, 3.2, 3.4, 4, 5.2(c -e), 5.3, 5.4, 5.5, 6.1, 6.5, 7.2, 7.3, 8.1, 9, 10 and any provision that specifically provides for such survival or which is reasonably necessary to the enforcement of the parties' respective rights hereunder. 10. MISCELLANEOUS PROVISIONS. 10.1 Force Majeure. Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, not, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inaction's of SBC), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If SBC is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Account Holder may cancel the Service(s), but there shall be no liability on the part of SBC. 10.2 Marketing. The Account Holder agrees that during the term of this Agreement SBC may publicly refer to the Account Holder, orally and in writing, as a customer of SBC. Any other reference to the Account Holder by SBC requires the written consent of the Account Holder. 10.4. Government Regulations. The Account Holder will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction the Account Holder operates or does business. (a) Account Holder Obligations. Account Holder shall not post, transmit, re -transmit or store material on or through any of Services or Products which, in the sole judgment of SBC (i) is in violation of any local, state, federal or non -United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Account Holder. Account Holder agrees to indemnify and hold harmless SBC from any claims resulting from the use of the services, which damages Account Holder or any other party. (b) Compliance. Account Holder shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Account Holder shall, upon the request of SBC, provide SBC assurance of Account Holder's compliance with those laws. ( c) Audit Rights. SBC reserves the right to audit Account Holder's site, and the materials comprising the site, at any time. If the audit reveals any act or omission, which, in SBC's sole opinion, constitutes a violation of any local, state, federal or foreign law or regulation, SBC may immediately shut down the site, and notify Account Holder of the action. Account Holder agrees that it waives any cause of action or claim it may have against SBC for such action. (d) Investigation Account Holder understands that SBC may conduct an investigation into the Account Holder, Account Holder's business, and/or its owners, officers, directors, managers and other principals. Based upon that investigation, SBC reserves the right to refuse to do business with Account Holder, or to stop doing business with Account Holder. Account Holder agrees to hold SBC harmless for any damages arising out of any form or cause of action that could arise from SBC's actions. (e) These audits or investigations will be conducted solely for the SBC's benefit, and not for the benefit of Account Holder or any third party. Dedicated Hosting Services provided by SBC E -Services, Inc 10.5. No Third Party Beneficiaries. SBC and the Account Holder agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers of the Account Holder. The Account Holder agrees that it shall specifically inform its customers that they are not third party beneficiaries of this Agreement. 10.6. Governing Law; Dispute Resolution. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Arkansas (except that body of law controlling conflicts of law) and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International Sale of Goods. The parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this Agreement. All disputes, to be considered under this provision, shall be brought to the other party's attention no greater than one year after the pertinent claim has accrued. Failing an amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement (other than those described below) , including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by arbitration in accordance with the Arbitration Rules (and if the Account Holder is a non-U.S. entity, the International Arbitration Rules) of the American Arbitration Association ("AAA"). There will be three (3) arbitrators (the "Arbitration Tribunal"), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party -appointed arbitrators within thirty (30) days thereafter. The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal and the AAA. This Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in Dallas, Texas, USA. The matters which, as referred to above, are not subject to the general rule set forth herein regarding the arbitration of disputes, including claims for preliminary injunctive relief, other pre -judgment remedies, and claims for the Account Holder's failure to pay for Services in accordance with this Agreement, may be brought in a state or federal court in the United States with jurisdiction over the subject matter and parties. 10.7. Severability; Waiver. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. 10.8. Assignment. The Account Holder may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of SBC, and any attempted assignment or delegation without such consent will be void. SBC may assign this Agreement in whole or part. SBC also may delegate the performance of certain Services to third parties, including SBC's Affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. 10.9 Notice. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the Account Holder as listed on the Statement of Work and, if to SBC, at: SBC Finance, P.O. Box 94972, Plano, Texas 75074, or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier. 10.10. Relationship of Parties. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between SBC and the Account Holder. Neither SBC nor the Account Holder will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein. 10.11. Entire Agreement; Counterparts; Originals. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, Dedicated Hosting Services provided by SBC E -Services, Inc understandings and agreements, written and oral, regarding such subject matter. Any additional or different terms in any purchase order or other response by the Account Holder shall be deemed objected to by SBC without need of further notice of objection, and shall be of no effect or in any way binding upon SBC. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same instrument. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, facsimile) is considered an original. This Agreement may be changed only by a written document signed by authorized representatives of SBC and the Account Holder in accordance with this Section 11. For purposes of this Agreement, the term "written" means anything reduced to a ACCEPTED AND AGREED TO: Account Holder Representative: Printed Name: Title: Signature: Date: tangible form by a party, including a printed or hand written document, e-mail or other electronic format. 10.12. Interpretation of Conflicting Terms. In the event of a conflict between or among the terms in this Agreement, the Statement of Work(s), the Acceptable Use Policy and Terms and Conditions, and any other document made a part hereof, the documents shall control in the following order: the Acceptable Use Policy and Terms and Conditions, the Statement of Work, the Agreement and other documents. IN WITNESS WHEREOF, the parties hereto have executed this document. Dedicated Hosting Services provided by SBC E -Services, Inc Acceptable Use Policy By using SBC webhosting services, Account Holder agrees to comply with this Policy. Account Holders are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. SBC expect Account Holder to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Interpretation The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. SBC reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. Illegal Use SBC servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non -acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3". SBC will be the sole arbiter as to what constitutes a violation of this provision, provided that any determination of a violation of this provision shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community. System and Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP- IP packet header or any part of the header information in an email or a newsgroup posting. Tortuous Conduct No one shall post unlawful or defamatory information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Spamming Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. It is contrary to SBC policy for account holders to use SBC servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles, which are off -topic according to the charter or other owner - published FAQ or description of the group or list; 2. To send unsolicited mass e -mailings, if such unsolicited e -mailings provoke complaints from the recipients; 3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a SBC provided server, or using a SBC provided server as a maildrop for responses; 4. To falsify user information provided to SBC or to other users of the service in connection with use of an SBC service. Dedicated Hosting Services provided by SBC E -Services, Inc Consequences of Violation If SBC becomes aware of an alleged violation by any Account Holder of the Acceptable Use Policy, SBC shall promptly notify such Account Holder in writing of all facts supporting such allegation. If SBC reasonably determines that the Account Holder's activities violate the Acceptable Use Policy and pose a clear, present and material risk of harm to SBC's business or operations or to SBC's other account holders, SBC may immediately, without prior notice to Account Holder, suspend or otherwise restrict Account Holder's use of the affected Web Hosting Services to the extent necessary to prevent further possible unauthorized activity. Within one hour of taking any action to suspend or restrict an Account Holder's use of the affected Web Hosting Services and Products, SBC shall provide written notice to Account Holder by facsimile or e-mail stating the actions taken and all facts supporting any allegation of violations of the Acceptable Use Policy. Following completion of the investigation, and delivery to SBC of a written report setting forth the details and conclusion of such Investigation, depending on the severity of the violation, SBC may, in its sole discretion, restrict, suspend, or terminate the affected Web Hosting Services provided to the offending Account Holder and/or pursue other civil remedies, but only after providing at least two (2) business days' prior written notice to SBC of SBC's intention to take any such action. If SBC becomes aware that such violation is a criminal offense, SBC will notify the appropriate law enforcement department of such violation. SBC does not issue service credits for any outages Incurred through service disablement resulting from the Acceptable Use Policy violations. All SBC contacts with any third party, including, without limitation, law enforcement, shall be in accordance with applicable law and regulation, Including, but not limited to, law and regulation governing the privacy of subscriber information as applicable to SBC's provision of its services to its Account Holders. Reporting Network Abuse Any party seeking to report any violations of SBC's policy may contact WebHosting.com at 888 -Web - Host Dedicated Hosting Services provided by SBC E -Services, Inc Enhanced Services Addendums The following pages include the Addendums for Enhanced Services. Keep these addendums if: (1) Packaged Solutions - Start Up Pack, Biz Pack or Performance Pack are selected or if: (2) Server Solutions (a la carte) servers are selected with individual enhanced services. If Tape Back Up and Firewall are not selected, these addendums should be removed. Dedicated Hosting Services provided by SBC E -Services, Inc NetScreen 5XP Firewall Addendum CUSTOMER SERVICE AGREEMENT This is an addendum reflecting the agreement between you (hereinafter referred to as the "Account Holder") and SBC E -Services, Inc., for itself and on behalf of it's Affiliates ("SBC") regarding your use of SBC's Firewall Services in connection with co -location or webhosting services provided to Account Holder pursuant to an agreement regarding such services (the "Agreement"). This Addendum is subject to the terms and conditions set forth in the Agreement, including but not limited to those provisions related to Term, Warranties, Limitations of Liability, Indemnification and the SBC Acceptable Use Policy. The terms contained herein shall be in addition to those set forth in the Agreement and to the extent possible, read consistently therewith. To the extent there is an irreconcilable conflict in terms and conditions between this Addendum and the Agreement the terms and conditions set forth herein shall govern. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THIS ORDER FOR SERVICES PROVIDED BY SBC YOU AND YOUR BUSINESS ARE AGREEING TO BE BOUND BY THE TERMS OF THIS ADDENDUM AND THE AGREEMENT. "Services" as defined in the Agreement shall be, and is hereby, amended to include "Firewall Services". 2. "Firewall Services' as used herein shall mean and refer sale of CPE or service availability of firewall hardware and software applications intended to restrict access to data, configuration information and/or applications, as well as the optional administration, monitoring and technical assistance associated with such applications as set forth in the Statement of Work attached hereto. 3. The initial term of this Addendum shall be one year from the date of signing. The Initial Term(s) related to the other products and/or services set forth in the Agreement or Statement(s) of Work shall remain the same for those products and/or services as set forth therein. Renewal terms shall be governed by the Agreement. 4. The Firewall Services provided pursuant to this Addendum shall be for the equipment and/or systems set forth below. Any change to the equipment and/or systems listed herein shall be made in writing and agreed to by SBC. The Firewall Services provided hereunder are provided based upon representations by Account Holder regarding the configurations and software associated with the equipment and/or systems set forth below. SBC shall not be responsible for any failures or inability to provision these services arising out of a change in or misrepresentation regarding the software and/or configurations after the initial testing and acceptance of the equipment and/or systems by SBC unless otherwise agreed to by SBC in writing. EQUIPMENT AND/OR SYSTEM DESCRIPTION: 5. SBC's Firewall Services shall include: • Provisioning of agreed upon CPE, firewall hardware and software necessary for the implementation of the system, as defined in the Statement of Work. • Installation and Standard configuration of CPE and firewall applications as set forth in the Statement of Work. Technical assistance (TA) to Account Holder with toll -free access to AUTOMATED CALL DIALER (ACD). TA includes providing technical information and assistance in diagnosing and resolving firewall related problems, as well as access to any free software updates, patches, bug - fixes, etc. that may be released by equipment manufacturers. User authentication will be required for firewall rule changes to be performed. User authentication will take place when trouble ticket is opened. Up to 12 firewall rules changes are allowed per year. Firewall rule change requests taken from 8-5pm Monday -Friday are typically implemented on the next business day. If SBC determines that the requested change creates a potential security risk, they will contact the Account Holder to review the request Firewall Rule Changes. • Management of all user information contained in the firewall. This service Dedicated Hosting Services provided by SBC E -Services, Inc includes adding and deleting users, and modifying user privileges. • Backup of the firewall rule set that has been implemented on the Account Holder's Firewall. Every time a change is made to the firewall rule set, a new backup will be made. The backups will be stored at SBC for use in firewall restorations. • Engineering support in case of a hardware or software failure. Account Holder must have current equipment software and hardware maintenance from SBC. 6. Pricing Firewall products and services shall be provided in accordance with the specifications and pricing set forth in the Statement of Work. Pricing shall be subject to change as set forth in the Agreement. Account Holder Responsibilities: • Provide single, primary point of contact for all project matters, and someone familiar with the web servers and network who can participate in testing, if needed, at time of installation. Contact information shall in the form set forth in Attachment "1" hereto. • A well -designed Layer 3 network - addressing plan is a critical part of any internetwork. If SBC is not creating a new addressing plan as part of this project, the Account Holder must provide valid addresses for the new devices. If devices are to be SNMP managed or made accessible via Telnet for remote diagnostics and troubleshooting, each device must have a valid IP address. Unless a Layer 3 addressing plan has been purchased from SBC, it will be the Account Holder's responsibility to assign IP addresses to each device. • Install, configure, and verify operation of all equipment not supplied by SBC but required for installation (e.g., Servers, Software, etc., as applicable). • For all Account Holders who have purchased Technical Assistance service, SBC requires that a secure shell (SSH) access be configured should it become necessary to remotely access the network for troubleshooting. Such access can greatly reduce the time it takes SBC technicians to isolate network problems. If the Account Holder's security policy will not allow such access to be available at all times, the Account Holder may elect to provide such access on request. 8. WARRANTIES AND LIMITATIONS OF LIABILITY: In addition to the provisions regarding warranties as set forth in the Agreement, the following provisions and limitations shall apply to all Firewall Services: SBC passes on to Account Holder the warranties made to SBC by its suppliers and manufacturers and SBC's warranty in its entirety shall be deemed limited to and shall not extend beyond such warranties. The length of the warranty period will be the length established by the manufacturer of the products and it no length is specified by the manufacturer, shall in no event extend beyond one year from the date of shipment. Account Holder shall proceed exclusively and directly against such supplier or manufacturer at SBC's request. SBC's sole obligation under these warranties will be limited to either, at SEC's option and expense, repairing or furnishing a replacement F.O.B. first point of shipment for the products or parts thereof which SBC reasonably determines do not conform with these warranties, and Account Holder's exclusive remedy for breach of any such warranties will be enforcement of such obligation of SBC. No warranty is made that the Software will run uninterrupted or error free. SBC will perform the services in accordance with its customary procedures. Account Holder's sole remedy for defective Services shall be SEC's re -performance of the work. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF, AND SBC DISCLAIMS, ALL OTHER EXPRESS OR IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, THE EQUIPMENT (INCLUDING SOFTWARE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SBC DOES NOT WARRANT THAT THE EQUIPMENT (INCLUDING SOFTWARE AND SECURITY SOFTWARE) WILL BE Dedicated Hosting Services provided by SBC E -Services, Inc UNINTERRUPTED OR ERROR FREE IN ITS OPERATION OR PREVENT THIRD PARTY HACKING OR ACCESS TO CUSTOMER'S NETWORKS. ACCOUNT HOLDER'S SOLE AND EXCLUSIVE REMEDIES AGAINST SBC, ITS PARENT AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES FOR ANY LOSSES, COSTS OR DAMAGES CAUSED BY OR ARISING FROM ANY EQUIPMENT, SOFTWARE OR SERVICE PROVIDED BY SBC IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, SHALL BE CUSTOMER'S RIGHT TO RECEIVE REPAIR OR REPLACEMENT OF THE EQUIPMENT OR THE SERVICES. IN NO EVENT SHALL SBC'S LIABILITY TO THE CUSTOMER EXCEED THE MONEY PAID TO SBC BY THE ACCOUNT HOLDER UNDER THIS AGREEMENT. SBC, ITS PARENT AND AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND/OR DAMAGES FOR LOSS OF DATA) SUSTAINED OR INCURRED IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF WORK UNDER THIS AGREEMENT OR THE SALE, USE OR OPERATION OF THE EQUIPMENT, SOFTWARE AND SERVICES PROVIDED OR SOLD OR LICENSED UNDER THIS AGREEMENT, OR FOR ANY DAMAGES DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF SBC OR DUE TO FORCE MAJEURE CONDITIONS SUCH AS FIRE; LIGHTENING STRIKE; EMBARGO; EXPLOSION, POWER SURGE OR FAILURE, ACTS OF GOD; WAR; LABOR DISPUTES; CIVIL DISTURBANCES; ACTS OF CIVIL OR MILITARY AUTHORITY; INABILITY TO SECURE MATERIALS, FUEL, PRODUCTS OR TRANSPORTATION FACILITIES; ACTS OR OMISSIONS OF SUPPLIERS, OR ATTRIBUTABLE TO ANY SERVICE, PRODUCTS, ACCEPTED AND AGREED TO: Account Holder Representative: Printed Name: Title: Signature: Date: J�I1' (°vn.dy OR ACTIONS OF ANY PERSON OTHER THAN SBC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS REGARDLESS OF THE FORM OF ACTION. Account Holder will be subrogated to any claims or rights SBC may have against the manufacturer of the Equipment for breach of any manufacturer warranties or representations and, upon Account Holder's written request, SBC will take all reasonable actions to enforce on Account Holder's behalf any such express or implied warranties or representations. Notwithstanding the foregoing, SBC shall: Indemnity Account Holder against any claim or threat of claim brought by any third party alleging the products infringe such party's patents, trademarks or copyrights ("the Intellectual Property"), providing that Account Holder: (i) shall have followed SBC's reasonable instructions for use of the Intellectual Property associated with the products; (ii) shall not have modified the products; (iii) notifies SBC promptly and in writing of any such claims; and (iv) cooperates with and permits SBC to control the defense, settlement or other handling of such claim threatened claim. In the event the products shall be found not to conform to the Intellectual Property warranty, Account Holder's sole remedy against SBC shall be, at SBC's option, for SBC to (i) defend Account Holder against such infringement claim; (ii) to substitute other functionally equivalent products for the infringing units or modify the infringing units so that they no longer infringe; or (iii) to accept return of the infringing units, providing Account Holder with credit for the remaining value of any returned units. Provided, however, if Account Holder furnished specifications to SBC, Account Holder will hold SBC harmless against any such claim, which arises out of compliance with the specifications. This paragraph states the entire liability of SBC with respect to the infringement of patents, copyrights, trademarks or other Intellectual property. Dedicated Hosting Services provided by SBC E -Services, Inc NetScreen 5XP Firewall Addendum CUSTOMER SERVICE AGREEMENT INSTALLATION COSTS Effort Ot, Customer Cost if purchased in a Start Up, Biz, or Performance Pack Customer Cost if purchased a la carte NetScreen 5XP 1 Included $265 Standard Configuration NetScreen 5XP 1 $150 $415 Customized Configuration RECURRING COSTS Firewall Administration Contract Term 1 year 2 year 3 year (A Ia Carte) Annual Recurring Cost => $265 $265 $265 Rule Changes (a la carte or in a Pack 12 rule changes per year Incl 8X5 Monday through Friday Configuration Backup Incl OS Upgrades and Patch Deployment Incl Additional Rule Changes (al la carte or in a Pack $150 Dedicated Hosting Services provided by SBC E -Services, Inc NetScreen 5XP Firewall Addendum CUSTOMER SERVICE AGREEMENT The customer's firewall will be configured with the following standard configuration. If the customer desires additional standard configurations $150 will be added to the cost of the installation ($265). Any configurations beyond those defined by SBC could expose the customer's network to security risks. Standard Firewall Configuration The security policy will allow all users on the internal network full access to Internet services (outbound traffic), while blocking all inbound traffic (all connection requests originating from the Internet), with the exception of traffic destined for DNS and/or email gateways residing on the customer's private network including: • Email Services o SMTP, port 25 o POP3, port110 o SSMTP, port 465 o SIMAP, port 993 o SPOP3, port 995 o IMAP, port 25 • Internet Services o HTTP, port80 o HTTPS, port 443 • FTP, ports 20 and 21 If the above Standard Firewall Configuration is not desired please state the detailed customized configuration desired. General Information Questionnaire 1. Are you hosting your own Domain Name Services? YES NO 2. If not, what is the ISP's DNS server that you will use? Primary: I I Secondary: 3. What are the IP addresses and name of the DNS servers, which are authoritative for your domain name? If you do not have a domain name you will be required to acquire one before comoletion of firewall installatior 4. Are you hosting your own e-mail? YES NO 6. What is the IP address and hostname of the Internet SMTP server that you have as 7. What is the IP address and hostname of the Internet SMTP server that you have as the secondary mail Dedicated Hosting Services provided by SBC E -Services, Inc TAPE BACKUP ADDENDUM CUSTOMER SERVICE AGREEMENT This is an addendum reflecting the agreement between you (hereinafter referred to as the "Account Holder") and SBC E -Services, Inc., for itself and on behalf of it's Affiliates ("SBC") regarding your use of SBC's tape back-up services in connection with web or data center (co -location) hosting services provided to you pursuant to an agreement regarding such services (the "Agreement"). This Addendum is subject to the terms and conditions set forth in the Agreement, including but not limited to those provisions related to Term, Warranties, Limitations of Liability, Indemnification and the SBC Acceptable Use Policy. The terms contained herein shall be in addition to those set forth in the Agreement and to the extent possible, read consistently therewith. To the extent there is an irreconcilable conflict in terms and conditions between this Addendum and the Agreement the terms and conditions set forth herein shall govern. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THIS ORDER FOR SERVICES PROVIDED BY SBC YOU AND YOUR BUSINESS ARE AGREEING TO BE BOUND BY THE TERMS OF THIS ADDENDUM AND THE AGREEMENT. 1. SERVICES as defined in the Agreement shall be, and is hereby amended to include "Tape Backup Services". 2. "TAPE BACKUP SERVICES" a8 used herein means copying of server data and recording to magnetic tape. 3. The initial term of this Addendum shall be one year from the date of signing. The Initial Term(s) related to the other products and/or services set forth in the Agreement or Statement(s) of Work shall remain the same for those products and/or services as set forth therein. Renewal terms shall be governed by the Agreement. 4. The Tape Backup Services provided pursuant to this Addendum shall be for the equipment and/or systems set forth below. Any change to the equipment and/or systems listed herein shall be made in writing and agreed to by SBC. The Tape Backup Services provided hereunder are provided based upon representations by Account Holder regarding the configurations and software associated with the equipment and/or systems set forth below. SBC shall not be responsible for any failures or inability to provision these services arising out of a change in or misrepresentation regarding the software and/or configurations after the initial testing and acceptance of the equipment and/or systems by SBC unless otherwise agreed to by SBC in writing. DESCRIPTION OF EQUIPMENT, SYSTEM AND/OR SPECIAL BACKUP OPERATIONS REQUIREMENTS': 5. Tape Backup Services shall involve the recordation of information present on the above - listed equipment and/or system at the time of the backup. Absent written agreement to the contrary, backup tape information shall be maintained for a period of one (1) month for full backups and two (2) weeks for incremental backups on site. 6. SERVICE LEVELS: SBC shall provide Tape Backup Services in accordance with the following: • Scheduled backup processes will be queued to be performed within 5 minutes of the scheduled time of transaction • Restore process, for file(s) or system(s), upon notification of SBC Network Control Center, will be queued for restoral within 30 minutes. • SBC will notify customers 24 hrs in advance of any scheduled or planned maintenance that could interrupt service availability. • 24 hour Restoral from Archived Off -Site Tape Option 7. ADDITIONAL LIMITATION OF LIABILITY: IN THE EVENT SBC IS UNABLE TO RESTORE DATA TO THE DATE OF THE MOST RECENT SCHEDULED TAPE BACKUP DATE, LIABILITY FOR SUCH FAILURE SHALL NOT EXCEED THE PRORORTIONAL MONTHLY CHARGE FOR TAPE BACKUP SERVICE FROM THE DATE OF THE LAST RECOVERABLE DATA BACKUP. ANY FAILURE OF SBC TO MEET SERVICE LEVEL COMMITMENTS SHALL BE GOVERNS BY THE TERMS SET FORTH IN THE AGREEMENT. ALL OTHER LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT APPLY. 8. SERVICES TO BE PROVIDED: One Year Term Pricing shown below. Dedicated Hosting Services provided by SBC E -Services, Inc NOTE: TAPE BACK UP Al 0 IS INCLUDED IN THE START UP PACK, Biz PACK AND PERFORMANCE PACK. IF BACKUP A100, A250 on A500 ARE SELECTED, THEN PRICING IS CALCULATED USING THE A LA CARTE "SERVER" PRICE LIST. Check Monthly Setup / Server GB / Month Usage ($) / GB Over Plan Weekly Full Backup Incremental Backup/Day Free Restore Backup Event Restore Event Backup Window Backup -A10 $150 $150 10 $12 1 1 1 $150 $ 000 Fixed Backup -A100 $900 $900 100 $8 1 1 2 $200 $150 Fixed Backup -A250 $1,800 $1,800 250 $7 1 2 2 $200 $200 Flexible Backup -A500 52,750 $2,750 500 $6 2 2 3 $200 $300 Flexible Term (1, 2. 3 yr) • Special Operational Requirements Outside Normal Schedules Backup Times / Processes may incur a charge as documented by a separate Statement of Work (SOW) "Per Gigabyte (GB) charges shall be rounded up to the next full gigabyte for partial GBs. 9. SERVICE PARAMETERS: • Off -site storage for customers requiring tape backup retention longer than (30) days is an optionally priced service. • Tape copies may be made available to customer for $250 per tape in the Veritas backup image format that will include one (1) hour of labor; labor beyond one (1) hour shall be provided at a rate of $250 per hour. Customer is responsible for providing the AIT- 2 tape(s) and prepaid shipping Waybill to IDC location(s). • Restore of files or system(s) include one (1) hour of labor; labor beyond (1) hour shall be provided at a rate of $250 / hour. • Backup Events, or requests, for files or system(s) backups are charged separately and on a monthly basis. Pricing is subject to customer requested modifications, such customization to be mutually agreed upon and approved by both parties in a separate Statement of Work. Software agents for quiescing databases and applications are not included in the standard pricing. Subject to Sections 6, 7, 8, each backup or restore event which fails to successfully initiate within the time periods, Customer will receive a credit equal to one day's worth of the total recurring monthly fees paid by Customer in the applicable calendar month for Automated Backup Services. 10, CUSTOMER PERMISSION: Customer expressly grants SBC for the purpose of providing the Automated Backup Services described the right to access the Customer servers and the right to reproduce the files. 11. GENERAL: Automated Backup Services are not intended to be a comprehensive disaster recovery solution. SBC makes limited claims regarding the availability of the Automated Backup Services. IN WITNESS WHEREOF, the parties hereto have executed this document. ACCEPTED AND AGREED TO: Account Holder Representative Printed Name: s qy 6O,1)y Title: I Signature: Date: O Dedicated Hosting Services provided by SBC E -Services, Inc ADDENDUM: 1. The documents which comprise this contract between the City of Fayetteville and SBC consist of this contract and the following documents, which are incorporated herein by reference as if set forth word for word: a. Bid form identified as REQUEST FOR PROPOSALS (RFP 01-10) issued September 21, 2001, for web site development and hosting assistance with all specifications, conditions, and requirements included therein; and b. SBC proposal and all supporting documents and correspondence submitted by SBC on or about October 19, 2001, in response to REQUEST FOR PROPOSALS (RFP 01-10) issued September 21, 2001. 2. This contract awarded shall be for 36 months, commencing on the first day of complete and uninterrupted service following execution of the contract. The contract will terminate at the end of each fiscal year and automatically renew at the beginning of the fiscal year, upon approval of funding by the Fayetteville City Council, for the remainder of the term agreement. Customer will give SBC thirty (30) days' prior written notice for early termination of the Service hereunder] provided, however, that Customer shall not terminate for the sole purpose of purchasing service from another provider. If Customer terminates without cause, a termination charge of 10% of the remaining contract value will be applied to the final bill. 3. This contract may be extended beyond 36 months, in increments of 12 -month periods, but not longer than sixty (60) months from the effective date. These extensions may be based on vendor's ability to upgrade services under contract. All prices contained in the Proposal, identified in the bid shall remain firm for the initial duration of the contract (36 months). Renewals will be ade at SBC's then -effective prices. (:17 ir CLIENT: (& kpSet4 TITLE: {Please Print}'27 S.- SBC: {Please Pri SIGNATURE: Date: 2/ZJ�oZ ORIGINAL A Appendix A Contract SBC Communications i jrQCI `� IFWORLD INC MA Pawn w..v.0 cvrnm "Purchasing Division City of Fayetteville 113 West Mountain Street Fayetteville AR. 72701 Greetings, Both Interface Computer Center and Southwestern Bell would like to express our appreciation to the City of Fayetteville for allowing us the. occasion to present our proposal for the upcoming webske. We are thrilled to offer our combined years of experience, skills and expertise back to the community that helped. shaped them. •SWB and Interface have worked diligently to assemble the desires of the City Into a strategic plan for one seamless Integrated solution. Building upon one another's' strengths, we have forged an alliance that provides the city with the best qualities of both companies. Based -in Fayetteville, Interface Computer Center has led the way for many years - providing high -end web solutions for clients throughout the state while concentrating on Northwest Arkansas. Southwestern Bell stands as a pillar of the corhrnunlcatlons H industry both locally and abroad by providing dients with Innovative re.able `` technologies through a host of options that:are unmatched In the state. s tF ri - The;ideas, budget and process, by whJch:we hope tore-engineer the current slear+e: submitted here for your review. We are committed: to working in a dose partnerships, i,� rwlth the. City to meet and exceed the guidelines of the RFP. It there fs an% vagueness �r.or concerns that arise, we welcome the opportunity to.make ourselves availabreito clarify,thpse points. Again, we thank you for the time and consideration put forth In regards.to:oui proposal. Both Interface and SWB are excited at the prospect of working doser together In this common vision we share for the future online presence of the City of Fayetteville. Sham Fisher :' Appendix B RFP Submission SBC Communications VENDOR RESPONSE Interface Computer Center, a Division of IFWORLD INC., and Southwestern Bell will systematically respond to each numbered paragraph as requested in paragraphs 1 and 2 of SECTION IV. The chosen format and outline of responses in this proposal follows the layout scheme of the RFP to aid the City in making a side -by -side comparison. Note: Questions quoted from the City RFP are in italics. SECTION LB We require that each proposer provide us with a review of our current web site, other government and private sites outlining the specific approach and strategy the proposer recommends we pursue. The city of Fayetteville's current site does not seem to best represent what the City and community have to offer. The Declaration of Attributes outlined below, by way of implication, best summarizes what the current site could benefit from. Because this bid is made public. we have limited the extent of our comments in this document that are considered, proprietary. However, it is our intent after bid acceptance to fully - review the current site, and work with the City to develop a strategy and a systematic.. approach of implementation. SECTION ILA Web Site Development Assistance Items 1-13 The RFP proposes the development of a city website with the objectives of targeting the needs of City employees, residents, local business and visitors -while providing an attractive marketing venue for relocating individuals and industry. The following responses (1-12) are what Interface refers to as the Declaration of Attributes'. These statements best define our understanding of what the City of Fayetteville ultimately desires. The website will undoubtedly rank among the great technological achievements of public relations that the City of Fayetteville has undertaken. The city website will be a shining star in the online presence of Northwest Arkansas. It will come to stand as a measure of excellence by which other cities and sites are compared. 1. To create a scalable site -architecture... • That incorporates the best aspects of the current site: Page: 1 of 27 Last printed: 10/19/2001 11:26 AM • That permits additional features and functionality for future phases: • That is technically superior to and pleasingly different from Scottsdale's and Blacksburg's city websites. 2. To create an innovative design -layout and navigation... • That reflects the mores and ethos of the community: • That is exciting, warm and affable to visitors near and abroad; • That strongly embodies the stylization as displayed in Appendix E of the REP. 3. To build aflexible lexible site architecture... • That facilitates effortless revision; • That provides high reliability and strong stability for low maintenance; • That makes use of expert programming and storage methods that provide real-time page rendering, low latency, and above all. simplicity. 4. To provide a content management system.. • That allows for a decentralized scheme of revision and updates. • That tracks page and content changes and allows reversion to previous versions on a case -by -case basis. • That is intuitively developed to make learning quick and painless. • That selected City staff will be instructed on the use thereof. S. To build an agile site architecture... • That will seamlessly integrate future e -commerce functions. • That anticipates future expansion and facilitates new development. 6. To create a site interface... • That employs the most appropriately advanced technology, yet remains as transparent as possible to the attention of the visitor. • That provides a pleasant user experience to the widest relevant range of connection speeds and browser types. • That avoids the use of plug -ins as a general rule:but, • in appropriate situations, makes use of some plug -ins, yet provides an alternative method to obtain the same content. 7. To provide a search module... • That allows visitors to search the content of the entire site. • That provides helpful querying methods to better refine search results. • That will make use of the powerful content indexing module of the content management system to vastly accelerate queries and eliminate redundant programming there by reducing programming costs. Page: 2 of 27 Last printed: 10/19/2001 11:26 AM 8. To perform an initial search engine submittal... • That will make use of embedded meta -tags on every page. • A historically successful marketing tactic will be offered as an option to the City after a bid acceptance. All details of our process, however, will remain our secret until the City is a valued client. 9. To provide automatic subscriber mailing lists... •• That will be created from a custom -programmed module built into the administration portion of the City's site. • That will permit City employees to create, customize and edit mailing lists without limit. 10. To create a calendar... • That will be made from a custom -programmed module built into the administration side of the Citys site. • That will allow permitted City employees, by department, to quickly create, edit and remove items on a calendar or the whole calendar itself. • That as an optional feature can display all events from all departments on one master calendar, viewable as a list of events or by a traditional calendar view. 12. An inventory of the web pages requested on the web site is provided on the pages labeled Appendix H - Web Site Needs Assessment' The inventory listing is subject to change and is to be used only to evaluate the size of the project The items addressed with this proposal pertain only to PHASE 1. If any of the Items in PHASE 2 or 3 can be accomplished in this proposal, please specify if the cost is included or tf it will be additional An exhaustive study of Appendix H has been completed. Every section, feature and function was categorized by page type, content type and function type then organized into a plan of execution. In paragraph 12 it is asked if any PHASE 2 or PHASE 3 items can be accomplished within PHASE 1, and if so, how much extra. Please Know that Interface Computer Center is planning to build for the City of Fayetteville one of the most dynamic and powerful website publishing engines possible. The concept, as it is suggested here in our proposal, will allow anyone with access to create expansions immediately and easily. The publishing. engine will worry about fonts, colors, alignment, look, re- arrangement of the navigation, updating the search engine index, writing of the HTML, placement of meta -tags, etc. Therefore, the City has an endless possibility of expansion so long as no new content types or page types are required. With this in mind, any PHASE 2 or PHASE 3 item that does not introduce a new content or page -type may be created freely in the proposed PHASE 1. If a PHASE 2 or 3 item does require a Page: 3 of 27 Last printed: 10/19/2001 11:26 AM new content or page type (such as a billing system or an address lookup module), it would need to be created by Interface as a new type and would be easily integrated into the site. Dynamic page types such as an online billing system or an address -lookup are what Interface classifies as a module"; an item that requires a special set of stand-alone programming scripts to operate a function. Several modules are listed in PHASES 2 and 3 and mentioned in.the above paragraph. Outlining these modules alone generates such a plethora of unanswered questions that bidding them within the confines of this proposal and at such an early stage becomes almost academic. It is of commendable prudence on the part of the City that these items were placed as continuing evolutions of, and separate from. PHASE 1. It can be assured that though these modules are complex. they are all well within the capabilities of our talented team of individuals. In addition, all mentioned PHASE 2 and 3 modules could seamlessly and economically be added with no revision to Interface's currently proposed programming architecture. 13. Upon completion of the contract, the City will take ownership of the website. All content and media accessible through the public website will become the property of the City. The City will be solely responsible for the maintenance of the content and will have unlimited license to use the content management and other programmed administrative tasks to accomplish this. SECTION 11.8 Web Site Maintenance Items 1-1 1. The method that will be employed in the event revisions are needed will be as follows: • Revision request is submitted to Interface. • The revision is evaluated in terms of the type of work involved and the required amount of hours to complete it (usually within 24 hours). • The hourly rate multiplied by the number of estimated hours will equal the proposed cost (Cost=Rate'Tlme). • General Rate 811O/hr. • Graphic Design, Layout. Copy Editing $1 1O/hr. a Database programming, Flash programming. scripting $15O/hr. • The minimum increment is 1 hour with 15 minute increments after the first full hour in a billing period. • The City will then be notified of a cost and time schedule (usually within 24 hours). • When the proposal for the revision is approved, it will immediately be given to the project manager for execution. Page: 4 of 27 Last printed: 10/19/2001 11:26 AM The average turnaround time for most minor revisions is less than 48 hours. However, the time frames for larger items will be calculated based on the total number of hours multiplied by a six hour day. Please know that this is a rule of thumb and not necessarily a "formula'. Other factors such as current work loads, weather and holidays on occasion have affected turnaround times. If the revision is time sensitive, rigorous efforts will be made to accommodate it. SECTION II.C Web Site Hosting Capability Items 1-15 1. Network topology: how direct is your connection to the Internet backbone? Each SBC point of presence (POP) is a fully independent network, each having its own autonomous connections to Tier 1 national backbone providers. Our network design assures over 4O percent excess capacity. We purposely overbuild our network to ensure the smooth and efficient transmission of our customers' data traffic. SBC maintains connections to dual, Tier 1 national backbone providers to ensure redundant connections to our customers' data. Our Points of Presence (POP's) are built using only the best -of -breed components from the most qualified manufacturers in the networking business. Each POP is equipped with high-powered battery backup along with diesel generator capability in the event of an extended power outage. 2. Bandwidth: what kind of Internet connections do you offerfor hosting (i.e. T-1, T-3, OC-3, DS -S, etc..) Please explain your cost structure for bandwidth allocation and also how you determine usage. Our Internet Data Center is fed by Dual OC 12's from redundant carriers, and we don't limit the amount of bandwidth your server can use, hence our high speed Internet connectivity. Initial connection to the Internet switch is a 1O Mb Ethernet Connection Page: 5 of 27 Last printed: 10/19/2001 11:26 AM 3. Server types: please explain the different hosting options you provide (Le. shared dedicated co -location. etc.?) SBC offers Shared Hosting. Dedicated Hosting and Co -location. Dedicated Hosting packages and Co -location packages are available in both packaged as well as custom solutions. 4. Scalability: how quickly can you provide the City with more processing power, storage space, and bandwidth? Timeframes for upgrades are typically 2-4 business days for standard offerings of processors. RAM, hard drives and IP addresses. In some cases, due to partavailability issues, the tlmeframe may be longer. 5. Data Transfer: please explain the types of accesses available to clients (Le. FTP. Telnet; etc.) Customers have access to their server via PC Anywhere (Windows) or SSH (Unix) clients that are loaded on the server. Customers may also use other types of access such as. FTP and Telnet) 6. Reliability: please explain your reliability and uptime guarantees. SBC bac:ss its Dedicated Hosting product with a commitment and focus on operational excellence and reliability. This commitment is backed by a• network uptime guarantee of 99.9%. If a server falls to respond to our ICMP (Ping) -by SBC, our technicians pro- actively engage in diagnostic activities to isolate and resolve difficulties. For every full one (1) full hour of core network downtime recorded at SBC's Internet Data Center (IDC). SBC will credit a client's account the value of one day of service (excluding scheduled maintenance times and customer requested downtimes). 7. Technical Support what are your operating hours for live human technical support (Le. 24/7/365.) Also, what methods are available for contact (Le. phone, e-mail, web, fax) • Technical Support is available to all customers 24/7/365. Customers can reach technical support via a toll -free number or e-mail. Page: 6 of 27 Last printed: 10/19/2001 11:26 AM 0 8. Redundancy: what do you make redundant - servers, entire machine.rooms7 While our Dedicated Hosting Servers are not redundant themselves, the Data Center in which all of SBC's Dedicated Hosting Servers are held, have built into it fully redundant network access ports with diverse paths that terminate on separate switches, dual preferential commercial power feeds with redundant parallel commercial transformers, redundant feeds to separate Power Distribution Units to ensure clean conditioned power, redundant Uninterruptible Power Supply with battery backup to guarantee against power outages, and 4 Caterpillar back-up generators with 72 hours of on -site fuel with guaranteed re -fueling contracts. The SBC IDCs are built with N+ 1 redundancy of every system (excluding individual servers), and as such, we guarantee 100 percent uptime without the need for "unplanned" maintenance of facility systems. Network, Power, HVAC, Fire Protection and Security have all been implemented with N+1 redundancy. Site Security Understanding the critical nature of client equipment. SBC monitors the Internet Data Centers 24 hours a day. 7 days a week and provides multi -tiered security systems. The IDCs have limited secure access points, bullet -resistant materials at the entrance, and minimal windows throughout the facility. In addition, SBC strictly regulates and monitors access. A client's equipment is stored in an area that only the client and authorized SBC IDC personnel can access. SBC controls access to the equipment floor through biometric palm scanners and card key access control. The card reader has a proximity sensor that only opens the cabinet to which It is pre-programmed. Continuous monitoring cameras (24x7 CCTV) are located throughout the facility. Including bubble cameras in the ceiling and monitoring at all entry/exit points. Motion sensors are placed throughout the building and even under the raised floor to prevent tampering with cable and power trays. When a motion sensor is activated, an alarm and camera will record the event. High -definition resolution and backlight -compensating security cameras are present throughout the co -location floor. Additionally, SBC Internet Data Center personnel maintain 24 -hour digital recordings and 90 -day digital video storage. Security personnel are on -site 24x7x365. All surveillance videotapes are kept onsite for 90 days All cable runs are below the raised floor. A grid of motion sensors that alarm in the N0C protects the raised -floor crawl space. Ability to segregate agency access from other agencies - Customers network is separated through the use of Virtual Local Area Networks (VLAN). By utilizing this. technology, SBC IDC customers are located on their own network segment. Other Page: 7 of 27 Last printed: 10/19/2001 11:26 AM customers hosted in the IDC do not have physical or logical access to the VLAN platform. Server Security Operations - back-ups log monitoring: SBC uses the latest in tape backup and restore technology for customers to provide a dedicated, scalable system for effectively safeguarding your mission -critical data, 24 x 7, ensuring continued business operations so you have protection against data loss due to accident or other failures through Automated Backup Services. SBC's Automated Tape Back-up service is used with Dedicated Web Hosting, allowing hosting customers to back-up data, files and systems in an economical and flexible fashion. The service offers you management of important data and backup process for individual files, or file systems, databases, and applications. Automated Tape Back-up allows you to set parameters, such as how much and when, to back up your data In secure environment. Entire systems can be chosen for backup as well as the more critical elements of those systems as specified by you, including databases, applications and log files. The Automated Tape Backup system is designed for performance in the network with a separate "back-up" network used: generally from a second Ethernet port on the web hosting servers. The separate backup network goes to a Sun server to cache the data before writing to the AIT-2 tape. Server security from Internet Traffic is offered by Netscreen - Screen O5 2.6. 10. Relationships with backbone network providers and Web consultants. Ease of adds/moues/changes. SBC has the ability to work with most backbone providers like Sprint, AT&T, Williams, etc. SBC considers the specific staff skill sets to be proprietary information. However, the SBC Internet Data Centers are staffed with an on -site, highly skilled, diverse support team 24 hours a day. 7 days a week. All Network Operations Center (NOC) personnel hold industry certification from Cisco (CCNA, CCNP, and CCIE), Microsoft (MSCE), and Sun (Solaris/Unix).. The NOC staff proactively monitors management of customer space, power, temperature, and bandwidth. Additionally, the staff provides centralized monitoring of UPS,_ AC power. PDU. HVAC, temperature, humidity, security, fire prevention, and overall network operation. A minimum of two NOC engineers is on staff 24x7x365. Tier 1: 3 years' industry experience and CCNA certification Tier 2: 5 years' industry experience and CCNP certification Tier 3: 7-10 years' industry experience and CCIE-level, pursuit of CCIE certification is required Page: 8 of 27 Last printed: 10/19/2001 11:26 AM 12. Please List and explain the type of programming tools, databases, and applets you make available. Interface Computer Center does not make available any of the afore mentioned items outside of what is intrinsically built into the product that would build for the City. 13. Statistical reports: what reporting software do you provide (i.e. webtrends, wusage, etc.) for web traffic statistics? What kind of reports are available and how are they accessible? Managed Monitoring Basic is one of the many Enhanced Services we offer our Internet Data Center UDC) customers. This service provides you with reports on the health of your web -hosting or co -location services at the IDC. The reports are generated and e - mailed out, per your request. on a monthly basis for the prior month. These reports provide you with the ability to monitor the status of your services, which may include transport and data traffic, firewall status, tape back-up, and/or load balancing services, and the status of the general IDC Environmental Health. With this information, you can track and plan for your network needs. • 14. Outsourcing needs: provide an objective assessment of the Web services the City should keep to -house and the ones it should out -source. There ar- a great many factors that are left unaddressed in this question that make it difficult to render an informed and appropriate response. From a purely financial perspective, both the hosting and building of a web site such as the caliber mentioned in this document should be outsourced. Given the sheer complexity and enormity of the project. It is best suited to a dedicated resource; individuals whose technical expertise lie in the field. In addition, the rate of change and standard wages • commanded in the industry as a whole, make it cost prohibitive to all but the largest entities that benefit from massive economies of scale. Tasks such as copy writing/editing and static content updates ate items that the City • should consider keeping in-house. These tasks are most time consuming and are best executed by those that are most knowledgeable about the content. Logistically and financially speaking, web hosting in the majority of circumstances is best left to professional entities that can offer the expertise, reliability and cost -savings that arise from specialization. Page: 9 of 27 Last printed: 10/19/2001 11:26 AM 15. Your track record: indicate your company history, how long you've been in the Web hosting business, and the financial stability of your company. The WebHosting.Com portfolio of hosting products and services is brought to you by SBC Communications Inc., a global communications leader. Through its subsidiaries' trusted brands -- Southwestern Bell-, Ameritech. Pacific Bell. Nevada Bell, SNET, SBC Telecom, and Sterling Commerce Inc. -- and world -class network, SBC and its affiliated companies provide a full range of voice, data, networking and eBusiness services, including local and long-distance voice, high-speed Internet access and data transport, voice and data network integration, software and process integration, Web site and application hosting. eMarketplace development, paging and messaging, as well as cable and satellite television, security services, and directory advertising and publishing. in the United States, the company currently has 61.3 million access lines and is undertaking a national expansion program that will bring SBC service to the nation's top 50 markets. SBC has a 60 percent equity interest in Cingular Wireless, its Joint venture with BellSouth, which serves 19.7 million wireless customers. Internationally, SBC has telecommunications investments in more than 20 countries and has annual revenues that rank It among the largest Fortune 500 companies. We are one of the world's largest international Web hosting operators. We have registered more than 100,000 domain names on behalf of the tens of thousands of businesses who host their Web sites on our network. Our portfolio of professional services and our proprietary hosting platform technology enable our customers to efficiently manage and scale their Web presence and applications. Our customer base will continue to expand as packaged offerings combining SBC's hosting services and technology with our high-speed data transport, network integration and advanced eBusiness services are offered to the 3 million business customers served by SBC. The scalability of SBC's infrastructure and operational controls is a proven and decisive competitive advantage. Our architecture can be scaled and clustered based on client needs for shared or dedicated hosting. For each of our WebHosting.Com service offerings, a back -end RAIDS -based network file system enables clients to share their data securely and reliably between multiple nodes. A centralized, SQL -based authentication scheme allows for quick replication of database changes to all nodes across the cluster and for easy data recovery in the event of failure. SBC's data backup and storage methods allow for quick recovery in the form of hourly, daily, weekly and monthly files in case of data loss. On the front-end, WLBS and Zeus clustering technology combined with hardware front-end redundancy through load balancing products help guarantee clients exceptional performance and service levels. In today's always -on world, a company's Web site is critical to its ability to compete and succeed. At SBC, we recognize our mission -critical role. Our top priority is to provide high -quality, reliable services and top-notch customer service to all customers. We are pleased that this dedication has been recognized by our selection as a founding charter member of the Web Host Guild -- an industry quality control association. Page: 10 of 27 Last printed: 10/19/2001 11:26 AM SECTION III General Requirements For Proposing Items 1-8 1-8. Both SBC and Interface Computer Center have read, understood, and will comply with paragraphs 1-8. 6. Both SBC and Interface Computer Center have attached evidence of insurance in Addendum 1. 7. Both SBC and Interface Computer Center have attached certification of independence in Addendum 2. SECTION IV Specific Requirements For Proposal Items' 1-7 1-7. Both SBC and Interface Computer Center have read, and understood, and will comply with paragraphs 1-7. Y SECTION V Terms And Conditions Items 1-11 1. For the design and implementation of PHASE 1 (as defined in the RFP) of the website; a not -to -exceed amount of $99,000 has been established. This figure excludes optional features. 2-11. Both SBC and Interface Computer Center have read, understood, and will comply with paragraphs 2-11. SECTION VI Warranty Both SBC and Interface Computer Center have read, understood, and comply. Page: 11 of 27 Last printed: 10/19/2001 11:26 AM SECTION VII Clarification Of RFP Both SBC and Interface Computer Center have read, understood, and comply. SECTION VIII Sample Contracts A Sample Contract for Web Design from Interface Computer Center can be found as Addendum item number 3. t SECTION IX Finn's Schedule 1 1 11 11 :1 SECTION X Standard Terms Ft Conditions Items 1-27 Both SBC and Interface Computer Center have read, understood, and comply with paragraphs 1-27. SECTION XI Vendor Response Section Items 2-6 XI.2 Summary Items A -B A. Please describe why your firm is interested in this project Page: 12 of 27 Last printed: 10/19/2001 11:26 AM SBC wishes to participate in the webhosting portion of this project because of our ability to support the City of Fayetteville and offer a Supreme Webhosting solution that will be reliable, efficient and cost effective for the city. Interface Computer Center's interest in winning this project is motivated by the love we have for what we do. A fantastic opportunity such as this, which allows our specialized set of talents to contribute to such an important project for our City does not come often. We are as excited as the City must be at the possibility of producing such an incredibly powerful online presence as outlined in the RIP. B. Please describe your understanding of the project with outlined approach and implementation methods. Interface'sbest and most concise response to this request is our Declaration of Attributes which is.found In the preceding SECTION i A. After the website development stage. SBC will provision the chosen server package in SBC's Internet Data Center and make testing arrangements with the necessary parties. SBC will then work with the City of Fayetteville and Interface Computer Center to obtain correct DNS information and make the necessary changes to bring the website live. XI.3 Statement Of Work Items A. C -E (B follows) A. Please give a description of the development process including a listing of project stages and milestones. C. Please describe the plan for meeting with City staff members including strategy for gaining design consensus. • I I M /' I I/ / / / I I / / I / I Over the past seven years Interface Computer Center has developed a set of steps by which all websites are built. This process is the culmination of our effort to help bring clear direction and decrease risk for both parties and lower overall project cost while offering an unprecedented level of value. In the next few paragraphs we will explain these steps in more detail. Page: 13 of 27 Last printed: 10/19/2001 11:26 AM The first six steps, known as the Design Stage, are unique in that they build the website on paper with no detail left out. This is similar to the same way an architect renders a building in the form of a blueprint before the shovel ever breaks ground. This stage, so often overlooked, is absolutely essential in maintaining budget and scheduling goals. This stage lays out the position of every element which allows both parties to come to an exact consensus on what will be built, how it will function, its appearance and even the cost down to the dollar. With the Design Sage complete, the final four steps, or the Implementation Stage, will carry the design out to the last detail. Each section will have been laid out, and the site will materialize with mechanical precision. Tasks will be accomplished daisy, evaluated for consistency. and then summarized for the client in a weekly or bi-weekly progress report. As implementation comes to a conclusion, a walk-through of the site will be scheduled to verify that• all expectations have been met. At this point, web hosting services will be finalized as the site is prepared to go live. A wrap-up meeting will conclude the process. Outlined for your approval below is the above stated process including a further description of each step. The Site Map The Design Team develops a detailed map of the websites' link structure and organization based on the project requirements as outlined in the RFP. Priority will be placed on attaining a structure that expresses a natural flow of information in the manner it might be viewed by potential guests to the site. The City will review the site map giving detailed and written feedback. Changes will then be made as necessary until the site map has consensus and signed approval. 2. Schematics Document The Design .Team will decide on the methods of navigation, link placement and graphical user interface for each page type and project requirement (i.e. calendars, maps, etc.). while closely following the site map this written information will be gathered into what is called the schematics document? Emphasis will be placed highly on intuitive navigation and visual consistency among elements that will further enhance the guests' online experience. The City will review the schematics document giving detailed and written feedback. Changes will then be made as necessary until the Schematics Document has consensus and signed approval. 3. Functional Specification Document Heavily utilizing the Site Map and Schematics Document, the Design Team will focus on defining the programming logic that will be required to enable the desired functions of each page type and project requirement. In addition, Page: 14 of 27 Last printed: 10/19/2001 11:26 AM the team will provide the City with more accurate figures for the amount of time required for implementation and the anticipated day of completion for PHASE 1. The City will again have the opportunity to review the Schematics Document giving detailed written feedback. Changes will be made as necessary until the document has consensus and signed approval. 4. Graphic Design Comps The Graphic Design Team, in close partnership with the City, will develop mockups that shall pioneer the visual styling of the new site. These mocks will showcase the solutions to merge traits such as simplicity with stunning elegance. The City will have the opportunity to critique the Design Comps. giving written feedback. Changes will be made as necessary until the Design Comps have the consensus of relevant parties and signed approval. 5. Design Specifications Document The Design Team will create a style guide that outlines all design specifications (e.g. text styles, logo use, image uniformity guidelines, colors, etc.) that are to be followed throughout the Implementation Stage. This allows multiple designers and programmers to work on a project with uniformity and consistency. Most importantly, it gives the City a guideline for maintaining a consistent design in future content revisions. The City will again have the opportunity to critique the Design Specification Document, giving written feedback. Changes will be made as necessary until the document has the consensus and signed approval. 6. Project Design Document This Document is the culmination and reason for all of the effort put forth up to now. This document consists of finalized versions of the following: • Site Map • Schematics Document • Functional Specification Document • Graphic Design Comps • Design Specifications Document This is the master blueprint that contains detailed descriptions of all the project's requirements, ending the Design Phase. Project Implementation The Design Team carries out project implementation, closely following the Project Design Document. Over the years we have witnessed several web design firms fail in large part because of their over -emphasis on, and haste to implement this step. When building web sites on the scale of this project, the importance of having a project design document as developed in the previously mentioned 6 steps can't be emphasized enough. It MUST exist or the project is fated to exceed both the budget and the schedule. Page: 15 of 27 Last printed: 10/19/2001 11:26 AM 2. Walk-through A walk-through of the site will be done with the City to review it, making sure that expectations are met. Minor adjustments may be made and the site will be transfered to a public domain server. At this time SBC will assume their contractual services to host the site. 3. Publish Site Site goes live and a final review of the live site is done with the City. 4. Wrap-up A wrap-up meeting will be held to review the project. Feedback is given on the project and the project process - what worked and what didn't. And the final step....Throw a Birthday Party for the new and improved City Web site. Note Because of the nature of website programming and design, each step in the process is cumulative and plays a significant role in each subsequent task Therefore, significant alterations made to any one oft/it steps after it has been completed will likely cause a change in the project schedule and budget. Core and Optional Site Feature Description & Costs Terminology Note: The Content Management System we have outlined divides each page into different parts and is perfect for the type of system that has been requested. The names of these parts are used throughout the feature descriptions below. For easy reference, the following are definitions of each part: Persistent Areas - Piece (or pieces) of a page that is static throughout the site. While the individual persistent piece might change slightly (e.g. an expanding navigation for secondary level pages), the piece is seen on every page of the site. The page elements that this usually Includes are the page header, footer, and navigation. Content Areas - If an element on a page is not one of the Persistent Areas, then it is considered one of the Content Areas of that page. It Is the piece (or pieces) of a page that makes that page unique to the site. It usually has dynamic content and/or a varied layout. Each content area is created from a page type. Page Types - Defines which content types are displayed and where they are located within the content area. Content Types - The basic building block of a page. The individual elements within a content area. Examples: copy, lists, pictures, links, forms Core Features Page: 16 of 27 Last printed: 10/19/2001 11:26 AM Overall Layout and Design This is the creation and development of all page elements which are persistent across the entire site. This includes, but is not limited to, the page header, footer and navigation. Emphasis is placed on ease of use and consistency of layout and user interface. The navigation and site structure will be extensively evaluated, focusing on maximizing the user's ability to find the information they are looking for. HTML.............................................................. 18 hours $1,980 Layout and Design of Page Types This. Is the creation and development of all content areas within each page throughout the site. Each page type listed below is designed once and then registered with the Content Management System so It can be used multiple times throughout the site. Listed below are the foreseen page types for this project: • Main Page • Top Level Page • Site Map • Search Results Page • News Headlines Page • News Story Page Secondary Level Pages: • General Copy • General Copy with Image • Multiple Sectioned Document (Reports) • Copy with Archive List • Calendar - Calendar View • Calendar - Events list View • Description & Contact Information • Mailing List Subscription Form • PDF Display • Large Image and Description • Large Image With Linked Image Map • Multiple Images and Descriptions • Form • Bulleted List • Numbered List • Tabled List • FAQ Note: These page types cover every type of page that was listed in the RFP. This goes above and beyond the requested three variations of level two pages because of efficiency, usability, and necessity. Because the projected pages have not been finalized, the above list is subject to change. 23 - 30 page types Page: 17 of 27 Last printed: 10/19/2001 11:26 AM I L� HTML ............................:......................0.1....0..1 60 hoiiis S6.600 Site Search The Site Search performs a keyword search throughout the content of the entire site. Advanced searching methods will also be used for searches of narrower scope and greater complexity. HTML.............................................................. 3 hours $330 Programming .................................................. 18 hours $2,700 Content Management Systems The Content Management System handles the placing of content types (copy, calendars, forms, lists, photographs, etc.) into a predetermined page type (listed in Layout and Design of Page Types above) through the administrative section of the website. The Content Management System has the following features: Content / Mailing Llst Management Features • Navigation Management • Content Preview Before Publishing live • Content Change History • Graphic File Upload • PDF File Upload • Administrative User Management • Assigned Permission Levels Content Management System: HTML....................................................... 24 hours $2.640 Content Management ...................................... 66 hours 59,900 Navigation Management ................................. 24 hours $3,600 Mailing list Management ............................... 12 hours $1,800 Content Preview. ............................................ 12 hours $1,800 Content Change History ................................. .16 hours $2.400 Graphic Upload ................ ............................. 4 hours $600 PDF Upload ................................................ .. 4 hours $600 User Management.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 hours $600 Testing and Debultclrrg Graphic Design.......................................1....... 18 hours $1,980 Programming .................................................. 24 hours $3.600 Training Project Management ........................................ 12 hours $1.320 Page: 18 of 27 Last printed: 10/19/2001 11:26 AM C Implementation Total.................................319 hours $42,450 Core Features Design Project Preparation.......................................... 4 hours $440 Site Map .......................................................... 44 hours 84,840 Schematics Document .................................... 92 hours $10,120 Functional Specifications ................................ 162 hours $17,820 Graphic Design Comps .................................... 42 hours $4.620 Design Specifications ...................................... 11 hours $1.210 Project Design Document........ ....................... 38 hours $4.180 Design Total................................................383 hours $43,230 TOTALS Core Features RFP Core Features Design............................................................. 393 hours S43.230 Implementation ............................................... 319 hours $42,450 Total ......................................:....................712 hours $85,680 • n .--• ••/II. • •••• Optional Features: We are concerned with the current proposed navigation scheme. It is our opinion that there may be an improved method to organize the site links to best target several types of users at once. However, at the request of the RFP, we have been diligent to bid all items as is so that the proposals from different vendors might be compared equitably. Therefore we have placed our usual navigation evaluation step as an option below. We will conduct a concentrated effort to review the needs of all possible users of the website and design a website and navigation scheme that best facilitates an intuitive, consistent, and informative experience. Each page of the proposed navigation will be evaluated along these lines to examine its necessity, placement, and need for improvement. Adding this Navigation Evaluation optional feature will lengthen the design timeline by approximately six working days. Navigation Evaluation Design....................................:........................ 72 hours $7,920 Page: 19 of 27 Last printed: 10/19/2001 11:26 AM I • All Events Calendar An Al! Event Calendar that would show the city events across all departments. This calendar is a virtual aggregate of the other calendars and will not have an administrative section. Adding the All Events Calendar optional feature will not significantly affect any dates. All Events Calendar Design............................................................. 2 hours - $220 Implementation ............................................... 3 hours - 8450 Page Type Builder This is a module for the Content Management System that allows administrators the ability to create new page types. This lets an administrator layout a new type of page and save it so that it can be used throughout the site. Adding the Page Type Buider optional feature will lengthen the design timeline by approximately seven working days. Page Type Builder Design............................................................. 50 hours $5,500 implementation ............................................... 70 hours $9.700 Fpyetteville.org In order safeguard this domain name for exclusive use in our region. Interface had the foresight to secure Fayetteville.org in July of 1996. We feel this short and simple name would be an excellent compliment to the proposed site: We.are excited to offer as option. the full and unlimited use of Fayetteville.org. For the use of the Domain ............................... $200/mo Design Milestones Design Start .................................................... December 5, 2001 Site Map Finalized:......................................6... December 21. 2001 Schematics Finalized : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . January 14, 2002 Functional Spec Finalized: ....6 ......................... February 7, 2002 Graphic Design Comps :.... ............................... February 22, 2002 Design Completion: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 13, 2002 Implementation Schedule Estimated Implementation Milestones implementation Start :..................................... March 14, 2002 Overall Layout Completed. .............................. March 19, 2002 Negotiable Page: 20 of 27 Last printed: 10/19/2001 11:26 AM Page Types Completed:.................................... April 3, 2002 Content Management System completed. April 17, 2002 Site Search Completed:................................... April 23, 2002 Site Published Uve :......................................... May 7. 2002 While testing and debugging of the site is a constant effort, two weeks have been set aside for specific concentration on testing and debugging. This will occur between the completion of the site search and the date to go live (April 23 - May 7). Maintenance policy and procedures can also be developed during this time frame because they are independent from the testing and debugging process. User training and assistance can begin after the Content Management System is completed (approx. April 17, 2002). Note: All dates are subject to change with respect to timely feedback from the City of Fayetteville and Interface's workload during the decision process. Quick feedback will shorten the project's duration, while delayed feedback will lengthen the project's duration. XI.4 Experience Items A -D A. Please elaborate on the type and nature of your company, including background Information, other lines of business, areas of operation, and any other Information that might help us to understand your qualifications to. deliver the services Identified in this RFP. Under the Southwestern Bell. Ameritech, Pacific Bell, Nevada Bell, Sterling Commerce, Cingular Wireless. Prodigy and SNET brands, SBC Communications Inc. offers a wide variety of telecommunications products and services to fit almost any need. In addition, under the SBC brand, the company is expanding nationally into 30 top markets outside of Its traditional service region. Serving more than 87.3 million voice grade equivalent lines and 10.3 million wireless subscribers, we offer an expansive range of products and services, including voice and data telephone services; local and long-distance wireless communications; Internet access: telecommunications equipment: security systems; voice mail; and directory advertising. Interface Computer Center is a technology solutions company whose goal is to provide a reliable one -stop -shopping' solution to the needs of the business industry of Northwest Arkansas. We provide networking development, maintenance and re - engineering capabilities as well as website development, hosting & ISP. Intranets and custom software programming. Page: 21 of 27 Last printed: 10/19/2001 11:26 AM Over the past 7 years Interface has'made it a working philosophy to be the best, not •necessarily the biggest. By preserving a highly selective hiring process, promoting employee camaraderie, and providing an energized yet low -stress corporate culture, Interface is able to attract and retain the loyalties of quality individuals who make our company a success. Our engineers allocate 1/5 of their work week to continuing education and the absorption of new technologies to maintain the highest standards of competency. Our managers constantly refine our processes and maintain accountability so that clients can rely on promises made. Sometimes our methodology causes us to be more expensive, but Interface has learned by observation that nothing can be more costly than not doing the job right the first time. Our ten step process backs our proposal with what all clients want; knowledge. assurance and a 7 year history of success. B. Outline your experience as a web site developer. including years in business, areas of operation, and other pertinent information. Interface Computer Center first opened Its doors in 1994 and has since become the oldest Internet solutions provider in the state, still in operation with its original owners. The founders, being graduates of the University of Arkansas at Fayetteville's Engineering Department and long residents of Fayetteville. have been committed to • the growth of the city from the beginning. As recognition of this and their fervor to • succeed, the founders in 1999 became the recipients of the United States Small Business Young Entrepreneur award for the 5 -state region. In 1996, Interface recognized the need of the city to develop an online destination that provided useful information to citizens and promoted the city externally. In response and without financial motivation, www.favetteville.coarwas developed. This site which currently averages 6.000 unique visitors a month has become a popular community • portal and information source for out-of-state visitors. For the past 8 years, Interface has steadily and reliably proven the ability to deliver innovative web solutions and award -winning websites to hundreds of clients ranging from the Fortune 500 to local venues. C. Outline your experience as a web site hosting company (if applicable), including years in business, areas of operation, and other pertinent information. SBC's ability to build fully redundant (N+1) Internet Data Centers comes from its experience with providing voice and data lines to our service areas. Under SBC Communications, we service Southwestern Bell. Ameritech, Pacific Bell, Nevada Bell and Southern New England Telephone territories. SBC has been operating secure, fault -tolerant data centers called central offices for over 100 years. In addition, we own and operate over 100 internal company data centers. 1.10011 you include our Central Offices. Our service for WebHosting is World Wide. Currently we have 2 Internet Data Centers in the United States and are planning the buildout of 4 more, strategically positioned throughout the Unites States. Page: 22 of 27 Last printed: 10/19/2001 11:26 AM Please also see "Platinum IDC" labeled as Item number 3 of the Addendum. D. Please provide the resumes of the professional and key staff anticipated to be utilized on the project. On the part of Web hosting, the engineers that will work with the City of Fayetteville for implementation will meet the requirements for our Level 1 Engineering staff and the appropriate requirements for Database lookup application. The resumes of the key staff members for Interface Computer Center will be included as item number 5 in the Addendum. XI.4 Products. Items A -B A. Please provide a fuU overview of the products and technologies that your company currently will be utilizing. Concerning Web Hosting Please see Addendum 6. "IDC Product Summary" Interface Computer Center employs the most advanced, efficient products for design and implementation of all projects. Our graphic designers use Adobe Photoshop, Macromedia Dreamweaver, and Macromedia Flash to create mocks, graphics, page layouts, page creation and animation. Our programmers use PHP for programming and the latest version of the MySQL for database. These technologies are by far the best for server -side scripting and lightning quick database access, respectively. 'Their highly adaptable language and open source availability make them compatible yet far superior in many respects to their off the shelf counterparts. Our development web server uses the Linux OS. Apache Web Server, and CVS (Concurrent Versions System). which Is used to track all versions and changes to the website and uphold data integrity. For testing across multiple browsers, we use many different versions of Microsoft Internet Explorer, Netscape Navigator, and a few smaller vendors' browsers. In addition, we make extensive use of project management software to supervise all of our projects, which allow us to track every aspect of an ongoing project including the two most important items: schedule and budget. B. Explain your company's ability to upgrade the services requested by issuer and any future capabilities your company is considering. Page: 23 of 27 Last printed: 10/19/2001 11:26 AM Timeframes for upgrades are typically 2-4 business days for standard offerings of processors, RAM, hard drives and IP addresses. In some cases, due to part availability issues, the timeframe may be longer. XI's Vendor Refrences Items A -B A. Vendors must supply with the bid at least three (3) reference accounts (including persons to contact and telephone numbers) in the United States. The reference accounts must have services similar to those bid under this RFP. The services must have been developed and maintained by the bidderfor at least ninety (90) days. Include the following information for each reference: • Company Name • Business Address • Name of Contact • Title of Contact • Telephone Number of Contact E -Mail Address of Contact • Duration of project. • Description of solutions implemented for project. • Details of software and hardware used for project. • The Purchasing Official reserves the right to request or obtain additional information. • The City may, at its option, contact other kn9wn Vendor customers for references. Web Hosting Reference Accounts American First www.amerifirst.org contactus@nmerfirst.org 800-290-1112 PC Corp Dedicated Hosting Package • : . • 11 i ••n .e ,.a • • •.. . •• 11 • „ ' • •• • Ancient Faces www.anclentfaces.com 65 Washington Street - Santa Clara, CA 95050 Page: 24 of 27 Last printed: 10/19/2001 11:26 AM Afchelp®ancientfaces.com PC Pro Dedicated Hosting Package Web Design Reference Accounts Leggett & Platt Aluminum Group [Pace Industries, Inc. One Mcllroy Plaza, Fayetteville, AR 72701 / PO Box 309, Fayetteville, AR 72702 John McCutcheon VP Marketing & Sales 501-443-1455 mccutcheonj@pacefridustries.com Duration of project legaluminum.com - Interface designed the original site with revisions and maintenance ongoing since September 1997. There have been numerous upgrades to the site with the most recent full revision of site between November, 20O0 and October, 2001. Client has a main corporate site and 20 daughter sites for individual plants. Description of solutions implemented for project The client needed an interactive site with each individual plant having a daughter site under the main site where potential clients can find the information needed and request a quote: Another portion of the site is a secure internal system for transferring large files between clients and the plants that need files to develop a requested part. Details of software and hardware used for project Various design, programming and HTML editing software was used to create site and daughter sites, including DreamWeaver and PHP. The site is hosted on Linux servers running RedHat Linux with Apache. MySQL, and PHP. Daisy Outdoor Products 400 West Stribling Drive, Joe Murfin-VP Marketing 501-636-1200 jmurfin@daisy.com Duration of protect Daisy.com- Interface designed the original site with revisions and maintenance ongoing since 1996. There have been numerous upgrades to the site with the most recent full revision completed November, 2000. There are monthly updates. Description of solutions implemented for project The client needed a site to educate customers and potential customers about their business, product and product safety that is easily upgraded. Details of software and hardware used for project Various design, programming and HTML editing software was used to create site and daughter sites, including DreamWeaver and PHP. The site is hosted on Linux servers running RedHat Linux with Apache. MySQL, and PHP. Arkansas Capital Corporation 225 South Pulaski Street Little Rock, Arkansas 72201-1925 Sam Walls (C.O.O.)/ Tanya Brown (Director of I.T.) (800) 216-7237 swalls@arcapital.com / tbrown@arcapital.com Duration of protect arcapital.com December through August, 2001 for Phase 1. Description of solutions implemented for protect One of the primary missions of this website is to relay the content in a manner that enables any user access to the information while at the same time providing a sense of solidity and security through the website's design. Details of software and hardware used for project Various design, programming and HTML editing software was used to create site and daughter sites, including DreamWeaver and PHP. The site is hosted on linux servers running RedHat Linux with Apache. MySQL, and PHP. B. Vendors shall also provide the URL's of a minimum of 6 sites that the vendor has developed and designed for non -vendor owned clients in the past 24 months. For each site referenced. please indicate the scope of the work provided tine frame for development and the approximate costs involved Please reference Addendum item number 6. • XI.6 Scope Of Services Item A A. Please address all the questions and requirements outlined in SECTION II. Scope of Services.• This has been complied with in SECTION II of this proposal. SECTION XII Selection Methodology Both SBC and Interface Computer Center have read and understand. SECTION XIII Technical Requirements Page: 26 of 27 Last printed: 10/19/2001 11:26 AM Li a Arkansas Capital Corporation 225 South Pulaski Street Little Rock, Arkansas 72201-1925 Sam Walls (C.O.O.)/ Tonya Brown (Director of I.T.) (800) 216-7237 swalls@arcapital.com / tbrown®arcaoital.com Duration of project arcapital.com December through August. 2001 for Phase 1. Description of solutions implemented for protect: One of the primary missions of this website is to relay the content in a manner that enables any user access to the information while at the same time providing a sense of solidity and security through the website's design. Details of software and hardware used for protect: Various design, programming and HTML editing software was used to create site and daughter sites, including DreamWeaver and PHP. The site is hosted on Linux servers running RedHat I.inux with Apache, MySQL, and PHP. B. Vendors shall also provide the URL's of a minimum of 6 sites that the vendor has developed and designed for non -vendor owned clients In the past 24 months. Fbr each site referenced, please indicate the scope of the work provided. time frame for development and the approximate costs involved. Please reference Addendum item number 6. XI.6 Scope Of Services Item A A. Please address all the questions and requirements outlined in SECTION II. "Scope of Services." This has been complied with in SECTION II of this proposal. SECTION XII Selection Methodology Both SBC and Interface Computer Center have read and understand. SECTION XIII Technical Requirements Both SBC and Interface Computer Center have read, understood, and complied. Page: 26 of 26 Last printed: 10/19/2001 11:30 AM Dedicated Hosting Platinum Internet Data Center Infrastructure Issue 2.0 As of: October 4, 2001 O2000 SBC Communications, Inc. All rights reserved. The information contained in this document represents the current view of SBC Communications on the issues discussed as of the date of publication. Since SBC must respond to changing market ' conditions, it should not be interpreted to be a commitment on the part of SBC and SBC cannot guarantee the accuracy of any information presented after the date of publication. SBC may have trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Information in this document is subject to change without notice. 0 APPENDIX A PROPOSER GUARANTEES The proposer certifies it can and will provide and make available, at a minimum, all services set forth in Section III, "Scope of Services." Signature of Name (typed Title: Account Vu sit: Southwestern Bell Communications 10-19-0 a a .. •.• t�...R. M 17 APPENDIX B PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Arkansas laws with respect to foreign (non -state of Arkansas) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the express prior written permission of the City of Fayetteville. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Name (typed): Anne Title: Account Manager Fum: Southwestern Bell Communications Date: 10.19-01 0 a APPENDIX D. SCHEDULE OF FEES AND EXPENSES (WEB HOSTING) 10/19/01 W SWB DC Product Summary Page 1 Dedicated Hosting Product Summary Sales Guide SBC Communications Central Product Marketing Issue 2.0 As of: October 4, 2001 PROPRIETARY SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement Dedicated Hosting Services provided by SBC EServices, Inc 10/19/01 W SWB IOC Product Summary qW Page 2 Dedicated Hosting - Service Description SBC Dedicated Hosting provides a secure and reliable hosting service and is the perfect solution for businesses that wish to leverage the experience and expertise of SEC's staff. The customer provides the content and administration and SBC provides the hardware and operating system software required to deploy a high performance hosting solution. WebHosting.com is the brand name for SBC Dedicated Hosting. Dedicated Hosting Product. Set Basics :i Windows 2000 and Linux operating system choices (NT on request) v Tape Back Up options from quality vendors— Qualstar hardware with Veritas software :i Firewall Option— NetScreen 5XP S 7 x 24 x 365 Support O 99.9% Service Level Agreement (SLA) on uptime O Highly trained Unix professionals and Microsoft Certified systems engineers S 24 hours, 7 day a week server monitoring included Zvi N+1 redundancy on data center power for uninterrupted power supply ri High -Speed redundant Internet bandwidth (multiple OC connections) allow fast connectivity .i One hour per month of Technical Support for operating system and hardware included at no charge. PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement. Dedicated Hosting Services provided by SBC EServiees, Inc 10/19/01 SWB IDC Product Summary Page 3 Packaged Solutions (Includes Servers, Tape Back Up, Firewall & Monitoring) SBC Dedicated Hosting Packaged Solutions offer customers the critical services required to deploy and maintain a solid Internet presence. These solutions are engineered with state of the art Compaq ProLiant DL Series Servers, a disaster recovery Tape Back Up solution and a NetScreen 5XP firewall. These solutions can be configured to support Microsoft Windows 2000 and RedHat Linux operating systems (Windows NT 4.0 upon request). Using PCAnywhere for Windows or SSH for Linux, customers have complete remote administration of the server through root access. In addition to getting the server, tape back up and firewall bundled into a convenient total solution, customers get preferred discounted pricing by choosing the packaged solution (as opposed to purchasing the components separately). 1('l1 1rTitIflnm Server C Lite C Corp C Pro ProLiant DL 320 ProLiant DL 360 ProLiant DL 380 Customer will have the Customer will have the Customer will have the Sever Configurations option modify server option modify server option modify server hardware options hardware options hardware options Linux, Windows 2000, Linux, Windows 2000 or Linux, Windows 2000 or Operating System Windows NT 4.0 Windows NT 4.0 Windows NT 4.0 Monitoring Monitor Lite Included Monitor Lite Included Monitor Lite Included Tape Back Up A10 A10 A10 Firewall NetScreen 5XP NetScreen 5XP NetScreen 5XP Data Transfer / Mo. 10 GB 40 GB 80 GB Remote Management Included Included Included SLA (%) 99.9% 99.9% 99.9% Monthly Fee Linux $759 $1,049 $1,359 USD Set Up Fee Linux (USD) $759 $1,049 $1,359 Monthly Fee Windows $789 $1 079 $1,389 2000 or NT 4.0 USD Set Up Fee Windows $789 $1,079 $1,389 2000 or NT 4.0 USD " For server hardware configurations, please see the section in this document titled "Compaq Server Solutions" PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement Dedicated Hosting Services provided by SBC EServlces, Inc Hardware Oualstar Software Veritas GB Back Up Included 10 GB (see Tape Back Up sales guide for how included_back_amounts_are_calculated) Full Back Up One weekly full back up included Incremental Back Up One daily incremental back up included On site storage One month of on site storage included Free Restoral One free restoral included per month Back Up Window Window is set by SBC Additional Restoral Fee (USD) $100 per server per event Back Up Event Fee (USD) $150 per server Back Up Above Limit (USD) $10 per GB (see Tape Back Up sales guide for how included back amounts are calculated) Off Site Storage (USD) Optional (see Tape Back Up sales guide) Set Up Fee if purchased as a packaged configuration (USD) Included in the Start Up, Biz and Performance Pack pricing Monthly Fee if purchased as a packaged configuration (USD) Included in the Start Up, Biz and Performance Pack pricing Set Up Fee if purchased separately (USD) $150 Monthly Fee if purchased separately (USD) $150 10/19/01 SWB IDC Product Summary M Page 4 The Tape Back Up At 0 is included in the Start Up Pack, Biz Pack and Performance Pack solutions. The At 0 configuration is as follows: The NetScreen 5XP Firewall is included in the Start Up Pack, Biz Pack and Performance Pack solutions. The 5XP configuration is as follows: PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement. Dedicated Hosting Services provided by SBC EServices, Inc Hardware NetScreen 5XP Software ScreenOS 2.6 Rule Changes 12 included per year Configuration Back Up Included ScreenOS Upgrades Included NetScreen Patch Deployment Included Additional Rule Changes (USD) $150 per request Included in the Start Up, Biz and Performance Pack Set Up Fee if purchased as a packaged pricing for Standard 5XP configuration. configuration (USD) Additional $150 for Custom configuration. Monthly Fee if purchased as a packaged Included in the Start Up, Biz and Performance Pack configuration (USD) pricing for Standard and Custom 5XP configuration. Set Up Fee if purchased separately (USD) $265 for Standard SXP configuration $415 for Custom 5XP configuration Fee if purchased separately (USD) $265Monthly 10/19/01 • SWB IDC Product Summary Page 5 Compaq Server Solutions SBC Dedicated Hosting Server Solutions offer customers the servers required to deploy and maintain a solid Internet presence. These solutions are engineered with state of the art Compaq ProLiant DL Series Servers. These solutions can be configured to support Microsoft Windows 2000 and RedHat Linux operating systems (Windows NT 4.0 upon request). Using PCAnywhere for Windows or SSH for Linux, customers have complete remote administration of the server through root access. Customers have the choice of purchasing a Packaged Solution, which includes Tape Back Up A10 and a NetScreen 5XP Firewall as described in the previous section or simply choosing one of the "a la carteservers without the tape back up and enhanced services options. The configurations in the following table are designed for customers that DO NOT want tape back up and a firewall bundled into a package. Server Compaq DL -320 Compaq DL -360 Compaq DL -380 Processor Speed PIII 800 MHz P111 1.0 GHz Pill 1.0 GHz # of Processors 1 1 1 RAM (MB) 128 256 512 Hard Drive (GB) (1) 9.1 SCSI (2) 9.1 SCSI (3) 9.1 SCSI RAID Capable No RAID 1 Default RAID 5 Default Linux, Windows 2000 or Linux, Windows 2000 or Linux, Windows 2000 or Operating System Windows NT 4.0 Windows NT 4.0 Windows NT 4.0 Web Server IIS or Apache IIS or Apache IIS or Apache Monitoring Monitor Lite Incl. Monitor Lite Incl. Monitor Lite Incl. IP Addresses" 2 2 2 DNS Service Included Included Included Data Transfer / Mo. 10 GB 40 GB 80 GB Data Transfer above $5/GB $5/GB $5/GB limit Remote Mgmt. SSH / PCAnywhere SSH / PCAnywher6 SSH / PCAnywhere Monthly Fee Linux $389 $729 $1,069 USD Set Up Fee Linux (USD) $389 $729 $1,069 Monthly Fee Windows $419 $759 $1,099 2000 or NT 4.0 USD Set Up Fee Windows $419 $759 $1,099 2000 or NT 4.0 USD 'RAID is the default configuration. For maximum internal storage non -RAID configurations are available. "Customer we receive one IP address upon provisioning of the server. The second IP address wW be released at no charge upon completion of a Request Fonn. PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement Dedicated Hosting Services provided by SBC E3ervlces, Inc 10/19/01 w SWB IDC Product Summary Page 6 Compaq Server Hardware Options (Upgrades) i1ZiI.flIt.1i}.. Total;IP.iAdd-res^M:Ax34i#'gri +Y' 16 $50 $50 32 $50 $75 64 $50 $125 128 $50 $250 256 $50 $400 T�t� It R A7Jra"'r'J 256 MB SDRAM $100 $75 512 MB SDRAM $100 $225 1024 MB SDRAM $100 $275 2048 MB SDRAM $100 $325 Ad`ditiona'kHaid i0riveo'; ,t$i ty t. , , . . 9.1 GB SCSI 10K $100 $25 18 GB SCSI 10K $100 $50 36 GB SCSI 10K $100 $100 t •. TStaElR(Add er s R = t ,iS . 16 $50 $50 32 $50 $75 64 $50 $125 128 $50 $250 256 $50 $400 rota fR 4 ci" A.:. 512 MB SDRAM $100 $225 1024 MB SDRAM $100 $275 2048 MB SDRAM $100 . $325 4096 MB SDRAM $100 $975 A'dalt' b I Haid!DRVWW 18 GB SCSI 1 OK $100 $50 36 GB SCSI 1 OK $100 $100 `AdHltroriaCProces ois• . .,: .:. _ , .'�c`tc`�S£'c���• • 1.0 GHz Pentium III $100 $125 :t•. 'To tal IP„„ Addfas j`J `.i.? i'vk �J�1i : ti:'" is'1T i 4{ EKw l 33' f.%R✓�iJ T;i '?.9 jL�S� 16 $50 $50 • 32 $50 $75 64 $50 $125 128 $50 $250 256 $50 $400 TO :- j tal`RAIN;.• i_Y�'.)•.; �'lav:r�.,/��^i. a- e PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement. Dedicated Hosting Services provided by SBC EServlces, Inc ..._...... - ...- - - 10/19/01 SWB IDC Product Summary M Page 7 PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement. Dedicated Hosting Services provided by SBC E-Servlces, Inc 1024 MB SDRAM $100 $275 2048 MB SDRAM $100 $325 4096 MB SDRAM $100 $975 .aai{ionar;Ha`ralDrfve L'„t "' 9.1 GB SCSI 10K $100 $25 18 GB SCSI 10K $100 $50 36 GB SCSI 10K $100 $100 Kdalt ionafaR[ocessor :.:: ' ;• r 1.0 GHz Pentium III $100 $125 10/19/01 SWB IDC Product Summary. Page 8 Sun Server Solutions SBC Dedicated Hosting Server Solutions offer customers the servers required to deploy and maintain a solid Internet presence. These solutions are engineered with state of the art Sun Netra and Enterprise Servers. The solutions are configured to support the Sun Solaris 7 operating system. Using SSH customers have complete remote administration of the server through root access. Server Netra tl 105 E220R Processor Speed 440 MHz U -Sparc 450 MHz U -Sparc # of Processors 1 2 RAM (MB) 256 1024 Hard Drive (GB) (2) 18 GB SCSI (2) 36 GB SCSI Operating System Solaris 7 Solaris 7 Web Server Apache Apache Monitoring Monitor Lite Incl. Monitor Lite Incl. IP Addresses" 2 2 DNS Service Included Included Data Transfer / Mo. 40 GB 80 GB Data Transfer above $5/GB $5/GB limit Remote Mgmt. SSH SSH Monthly Fee (USD) $ 1,175 $ 2,995 Set Up Fee (USD) $ 1,175 $ 2,995 '-Custamer will receive one IP address upon provisioning of the server. The second IP address will be released at no charge upon completion of an Additional IP Request Form. PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement. Dedicated Hosting Services provided by SBC ES/Mces, Inc 10/19/01 SWB IDC Product Summary Page 9 Sun Server Hardware Options (Upgrades) flfriI'PHT.iii- To181'IIP.1/AtldfessL-•`-�.sa;.vein'i':t7*N�'741,sir"'�-..�5.=:t��s•:r:�-�CR3�:�'Y^�ti �'•ti,Vi't2��1" -..%��` xYF.-�Fa�e�a 16 $50 $50 32 $50 $75 64 $50 $125 - 128 $50 $250 256 $50 $400 T'ofa18AM°.:.'�vrifle�s�a�t:vt, �"$iv'�-t�*%•f.'�% 512 MB $100 $575 1024 MB $100 $1,025 Ad aitio'nIEHardDNyefat$ t= ! *1 36 GB SCSI $100 $250 rTh1 e . • , ToteI:IP.:Addiess o"r`U � nnii :n' `_-<i ? � . w ST i ` .rY a •` �:o � `" 37..: 16 $50 $50 32 $50 $75 64 $50 $125 128 $50 $250 256 $50 $400 w,••��. �.. d....' :x' :war D t 'N• p-.,- T.oteI�RAM5i.,, : �`n,•.. F.i�`;��-?1•_va��! � u.^::sY<!e 2048 MB $100 $1,075 PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement Dedicated Hosting Services provided by SBC EServlees, Inc 10/19/01 SWB IDC Product Summary Page 10 Professional Services / Consulting General SBC offers several Professional Services / Consulting with Dedicated Hosting. These services range from basic server configuration to full consulting. The services are typically charged on a custom quote basis. Pricing for some of the frequently requested services is listed in this section. Standard Consulting Levels One hour of hardware and operating system support is included in each Dedicated Hosting package at no charge to the client. Additional hours of support specifically for hardware and operating system are charged at $125 per hour. Customers may also pre -purchase support according to the following table. •. �..... •_ �,; - . , q. y Sys; ��,�-�'a';ConsuIii h ,L•evet ��� �' ' �'�Feei US One Hour Included with Package NO FEE Per Incident for HW and OS $ 125 per Hour per Incident Two Hours Prepaid for HW and OS $ 200 per Month Four Hours Prepaid for HW and OS $ 300 per Month Custom Consulting Levels Consulting for items listed in the following tables fall outside of the standard consulting levels and are charged according to the pricing schedule listed below. Note that standard consulting is for technical support on hardware and operating system issues. Custom consulting includes support for items outside of hardware and operating system technical support. ' S'erYlce fig' r31S�U1 e (UD flflei?(l7SD OS Optimization $250.00 $250.00 / Server OS Upgrades $300.00 $300.00/Server Application Optimization $350.00 $350.00 / Application Application Upgrades $300.00 $300.00 / Hour Patch Installation $250.00 $250.00 / Hour Service Pack Installation $250.00 $250.00 / Hour Kernel Updates $350.00 $350.00 / Server Version Updates $300.00 $300.00 / Application Device Firmware Updates $300.00 $300.00 / Hour PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement Dedicated Hosting Services provided by SBC E -services, Inc S rService;-44 - '• , ,;i SeCup:pe Ser ..,. ._ Cold Fusion Professional $150.00 $150.00 Cold Fusion Enterprise $300.00 $150.00 WebTrends Log Analyzer $125.00 $125.00 SQL Server $200.00 $250.00 SQL Server Enterprise $750.00 $350.00 Imail 5.0 $125.00 $125.00 Serv-U FTP Server $125.00 $125.00 MS Commerce Server $1000.00 $350.00 Exchange 2000 Server $500.00 $250.00 Exchange 2000 Enterprise $750.00 $350.00 mySOL $200.00 $250.00 Java Serviets $300.00 $150.00 ProFTPD $125.00 $125.00 Webalyzer $125.00 $125.00 PHP $125.00 $125.00 JSP $300.00 $250.00 Procmail $200.00 $150.00 Qmail $200.00 $150.00 10/19/01 M SWB IDC Product Summary N Page 11 Customers may request that additional software be loaded on a server for them. A professional service fee will apply based on the Software Consulting table or custom quote basis. Licensing for these, or any other, piece of software is the responsibility of the client. It is also the responsibility of the client to install and configure any software that is outside the supported scope of support that the product line provides. SBC will not purchase or obtain licei.ses on behalf of the customer for software other than the initial Installation of the operating system. PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement. Dedicated Hosting Services provided by SBC EServlces, Inc 10/19/01 SWB IDC Product Summary Page 12 Monitoring Services All dedicated server packages offered include 24 hours, 7 day a week monitoring for client's servers. In addition • to offering basic server monitoring, the SBC also provides advanced server monitoring options. All dedicated server packages include monitoring using Enterprise Monitor. The following Server Services can be monitored: SMTP POP3 Http FTP Telnet ssh SQUODBC SNMP Asp Pert SSL Php3 DNS IMAP4 NNTP NT Services Active Directory Monitor Lite This plan is included in ail dedicated server -hosting packages at no charge. Technicians will routinely poll client servers at certain intervals using advanced network management tools, which will determine if the client's server(s) is accessible. If the server is unreachable for any reason, the technical staff will immediately be notified and will take action to remedy the problem in an expedient manner. Until service is fully restored, the staff routinely notifies the client in regular intervals (e-mail / telephone) with a status update. After service is restored, the client is notified with a complete explanation of the problem, along with a description of what procedures/steps/policies have been developed so ensure this particular problem does not reoccur. Monitor Corp This plan includes all the services described in Monitor — Lite, plus SBC will include up to an additional (3) three server services added to the monitoring system. If the server does not respond to an ICMP request two consecutive polls, the client will be notified by email/pager and further action will be taken to bring the server up. If any one of the services monitored fails to respond, the management control center will alert the client by email/pager. Setup Fee: $35 (USD) - Monthly Fee: $25 (USD) Monitor Pro SBC will monitor up to (5) five services on a client's server(s), check for a particular response from the server, and send an e-mail pager notification when response is not present. The customer will receive only one message alerting him or her that the Website is down and another when the site becomes available again. The technical staff will take no action unless specified by the client. Setup Fee: $100 (USD) Monthly Fee: $100 (USD) DNS Management SBC offers DNS management for the customer. This includes five domains (primary and secondary) and the MX (mail) records. Each server has three free domain aliases (or pointers). Customers will be charged $100 per domain beyond first three and a $50 per change of DNS. Each additional domain managed or pointer managed will incur a charge of $5.00 recurring monthly. PROPRIETARY - SBC Communications Only Not for use or disclosure outside of SBC Communications except under written agreement Dedicated Hosting services provided by SBC EServlces, Inc M 40 Serve Co DL -J80 g mgS PIll 1.0 Gln loFPrue 2 RAlsir4 512 HirMW 6 9.1 SCSI RAIDS Detault Pere n .2F.. Linux, Windows 2000, NT 0.0 witSWrfl. IIS or Ap.che MaIthiva r Monitor Lit. D ddd 2 DFLiSe Included Dnta,Yronde_LM'o5 80 GB Mali TFanfe ibnvc $5/GB RFmo/ei fom -- SSH / PCAn when _ MSritDI-.Feeep,InurF'Di!pv a 4C( STA69.OM1K$,+Y. SFtu Fe.I:fnuar".`C3Yi Hordwere O,atsar Software VeAta4 GB Backup Included 10 GB Full Backup One Weekly Full Backup Incremental Backup One Dally Incremental Ondte Storage On Month of ondt. non Free Reston) One free intent Backup Window Window b St by SBC Additional Rntonl Fee $100 per never per event Backup In $150 peT server Backup radt $10 per GB tlonal t aaed aIncluded nretsaed Included Setup In $150.00 Month) Fee $1$0.00 eFeature (see dncciptlonsl IrtdaUallon Monthly Rcavrrin¢ e ."mo,.:.:...... �_.:.— - ._?—I. ._ �......-. Fnture NciScrtvn SKP Fircu�ll • . . . ..I!..' 16 550.00 $.90.00 32 $50.00 $75.00 64 550.00 $125.00 28 $50.00 $250.00 550.00 $400.00 SDR$100.00 $225.00 J256 B SD$100.00B SDRAMB SDRAM' $100.00 . $975.00SCSI 1OK $100.00SCSI IOK $100.00SCSI IOKPatlum ul $100.00 I . SI25.00 Dedicated Hosting Platinum Internet Data Center Infrastructure Issue 2.0 As of: October 4, 2001 O2000 SBC Communications, Inc. All rights reserved. The information contained in this document represents the current view of SBC Communications on the issues discussed as of the date of publication. Since SBC must respond to changing market conditions, it should not be interpreted to be a commitment on the part of SBC and SBC cannot guarantee the accuracy of any information presented after the date of publication. SBC may have trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Information in this document is subject to change without notice. SBC Central Product Marketing SWB Platinum IDC Issue 2.0: October 4, 2001 Building Power Location SBC Platinum Internet Data Center Infrastructure The locations of Data Centers are not necessarily a determining factor for a Dedicated Hosting customer, but customers are increasingly interested in where their service is located. Network Operations Center and Data Center Staff SBC Internet Data Centers are staffed with an on -site, highly skilled, diverse support team 24 hours a day, 7 days a week. The Network Operations Center (NOC) staff proactively monitors management of power, temperature, and bandwidth. Additionally, the staff provides centralized monitoring of UPS, AC Power, PDU, HVAC, temperature, humidity, security, fire prevention, and overall network operation. Facility Security The Dedicated Hosting servers in SBC's Internet Data Center are physically secure. Understanding the critical nature of dedicated servers, SBC Internet Data Centers are monitored 24 hours a day, 7 days a week and provide mufti -tiered security systems. The I0C's have secure access points, bullet -resistant materials at the entrance, and minimal windows throughout the facility. In addition, access is strictly regulated and monitored. Servers are stored in an area that only authorized SBC Internet Data Center personnel can access. Access to the equipment floor is controlled via biometric palm scanners and card key access control. Continuous camera monitoring (24/7 CCTV) is in place throughout the facility, including bubble cameras in the ceiling and monitoring at all entry/exit points. There are motion sensors throughout the building and under the raised floor to prevent tampering with cable and power trays. Any activation of a motion sensor triggers an alarm and digital camera to record events. Additionally, SBC Internet Data Center personnel maintain 24 -hour digital recordings and 30 -day digital video storage. Example of a biometric palm scan device at the Data Center Continuous, uninterrupted operation server equipment is SBC's paramount concern. The building power is supplied through dual commercial feeds and parallel, redundant commercial transformers, along with multiple 2000 KW diesel generators. Additionally, multiple 1500 KVA UPS systems with solid-state static inverters are in place. The entire system is N+1 redundant and each component within the parallel electrical system is designed to be N+1 redundant. All AC power is provided by redundant N+1 UPS rectifiers and a set of three 500 KVA battery power plants. The battery back up system is capable of delivering ten minutes of backup power in the rare instance there is an interruption of dual commercial power sources. This allows more than ample time to cover the typical ten -second transition to the backup power source. Fire Protection System SBC Central Product Marketing w SWB Platinum IDC Issue 2.0: October 4, 2001 The generator backup is capable of supporting 100% of customer peak load for 24 hours. Furthermore, SBC maintains a 24 -hour fuel supply and guaranteed refueling contracts. The combination of the backup systems results in guaranteed uninterrupted operation of the client's service. Cooling & Environmental Controls Ensuring the operational integrity of clients' network equipment requires stringent cooling and environmental controls. SBC's Internet Data Centers supply a static free environment and N+1 environmental control equipment that is continuously monitored for operational status. The equipment floor has a constant 70 -degree ambient room temperature (+/- 5 degrees) and humidity is controlled to a constant 45% (+/- 5%). Cooling in the technical equipment area is achieved via distribution from the plenum below the raised floor. This configuration, with air distribution from below, provides the most efficient environment for technical equipment. Additionally, this configuration eliminates the need for "hot spot" control and reconfiguration of ductwork associated with overhead duct systems. Fully adjustable grill panels allow for easy manipulation of the airflow and eliminate the need for maintenance workers on ladders over sensitive equipment. The raised floor cooling systems capacity is expandable, without building modifications, to match customers' current and future heat generation needs. Chilled water is reliable to N+1 with all components being connected and monitored by the energy management system. Example of secure, climate controlled server cabinets. To protect server assets, SBC Internet Data Centers have advanced fire detection and suppression systems. As a first line of defense there is a 24/7 guard and NOC personnel presence to manually respond to any alarm. Additionally, there is a Fenwall air sampling system for very early detection and warning. The computer space is protected by both gas -based fire suppression and dry -pipe, pre action water based system. To protect equipment from any water discharge, a FM -200 fire suppression system is present in all areas of the data center space, both in the ceiling and below the raised floor. The entire facility is protected by double interlocked pre -action sprinkler systems with a separate zone in each server area. Dry pendent sprinklers are utilized throughout the equipment areas with suspended ceilings and installed in the branch line tee fitting to eliminate trapped water over equipment. The system is activated only by the dual actions of cross -zoned detection and sprinkler head activation. Water only enters the suppression system when two cross -zone smoke - detector heads have detected a fire and a sprinkler has operated. -2 Dedicated Hosting Platinum Internet Data Center Infrastructure Issue 2.0 As of: October 4, 2001 @2000 SBC Communicadons, Inc. All rights reserved. The information contained in this document represents the current view of SBC Communications on the issues discussed as of the date of publication. Since SBC must respond to changing market conditions, it should not be interpreted to be a commitment on the part of SBC and SBC cannot guarantee the accuracy of any information presented after the date of publication. SBC may have trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Information in this document is subject to change without notice. SBC Central Product Marketing SWB Platinum IDC Issue 2.0: October 4, 2001 Building Power Location SBC Platinum Internet Data Center Infrastructure The locations of Data Centers are not necessarily a determining factor for a Dedicated Hosting customer, but customers are increasingly interested in where their service is located. Network Operations Center and Data Center Staff SBC Internet Data Centers are staffed with an on -she, highly skilled, diverse support team 24 hours a day, 7 days a week. The Network Operations Center (NOC) staff proactively monitors management of power, temperature, and bandwidth. Additionally, the staff provides centralized monitoring of UPS, AC Power, PDU, HVAC, temperature, humidity, security, fire prevention, and overall network operation. Facility Security The Dedicated Hosting servers in SBC's Internet Data Center are physically secure. Understanding the critical nature of dedicated servers, SBC Internet Data Centers are monitored 24 hours a day, 7 days a week and provide multi -tiered security systems. The IDC's have secure access points, bullet -resistant materials at the entrance, and minimal windows throughout the facility. In addition, access is strictly regulated and monitored. Servers are stored in an area that only authorized SBC Internet Data Center personnel can access. Access to the equipment floor is controlled via biometric palm scanners and card key access control. Continuous camera monitoring (2417 CCTV) is in place throughout the facility, including bubble cameras in the ceiling and monitoring at all entry/exit points. There are motion sensors throughout the building and under the raised floor to prevent tampering with cable and power trays. Any activation of a motion sensor triggers an alarm and digital camera to record events. Additionally, SBC Internet Data Center personnel maintain 24 -hour digital recordings and 30 -day digital video storage. Example of a biometric palm scan device at the Data Center Continuous, uninterrupted operation server equipment is SBC's paramount concern. The building power is supplied through dual commercial feeds and parallel, redundant commercial transformers, along with multiple 2000 KW diesel generators. Additionally, multiple 1500 KVA UPS systems with solid-state static inverters are in place. The entire system is N+1 redundant and each component within the parallel electrical system is designed to be N+1 redundant. All AC power is provided by redundant N+1 UPS rectifiers and a set of three 500 KVA battery power plants. The battery back up system is capable of delivering ten minutes of backup power in the rare instance there is an interruption of dual commercial power sources. This allows more than ample time to cover the typical ten -second transition to the backup power source. Fire Protection System SBC Central Product Marketing W w SWB Platinum IDC Issue 2.0: October 4, 2001 The generator backup is capable of supporting 100% of customer peak load for 24 hours. Furthermore, SBC maintains a 24 -hour fuel supply and guaranteed refueling contracts. The combination of the backup systems results in guaranteed uninterrupted operation of the clients service. Cooling & Environmental Controls Ensuring the operational integrity of clients' network equipment requires stringent cooling and environmental controls. SEC's Internet Data Centers supply a static free environment and N+1 environmental control equipment that is continuously monitored for operational status. The equipment floor has a constant 70 -degree ambient room temperature (+/- 5 degrees) and humidity is controlled to a constant 45% (+/- 5%). Cooling in the technical equipment area is achieved via distribution from the plenum below the raised floor. This configuration, with air distribution from below, provides the most efficient environment for technical equipment. Additionally, this configuration eliminates the need for "hot spur control and reconfiguration of ductwork associated with overhead duct systems. Fully adjustable grill panels allow for easy manipulation of the airflow and eliminate the need for maintenance workers on ladders over sensitive equipment.. The raised floor cooling systems capacity is expandable, without building modifications, to match customers' current and future heat generation needs. Chilled water is reliable to N+1 with all components. being connected and monitored by the energy management system. Example of secure, climate controlled server cabinets. To protect server assets, SBC Internet Data Centers have advanced fire detection and suppression systems. As a first line of defense there is a 24/7 guard and NOC personnel presence to manually respond to any alarm. Additionally, there is a Fenwall air sampling system for very early detection and warning. The computer space is protected by both gas -based fire suppression and dry -pipe, pre action water based system. To protect equipment from any water discharge, a FM -200 fire suppression system is present in all areas of the data center space, both in the ceiling and below the raised floor. The entire facility is protected by double interlocked pre -action sprinkler systems with a separate zone in each server area. Dry pendent sprinklers are utilized throughout the equipment areas with suspended ceilings and installed in the branch line tee fitting to eliminate trapped water over equipment. The system is activated only by the dual actions of cross -zoned detection and sprinkler head activation. Water only enters the suppression system when two cross -zone smoke - detector heads have detected a fire and a sprinkler has operated. -2 FAYETTELE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THRU: Dan Coody, Mayor Ted H. Webber, Administrative �Services Director FROM: Budget & Research94J_ DATE: February 12, 2002 SUBJECT: Web Hosting Contract - Southwestern. Bell Communications Attached is a Web Hosting Contract with Southwestern Bell Communications (SBC) that will provide the City with Web Hosting services for the next three years. The services are needed for the City's website which is currently in the process of being re -designed and built. Background: In 1996, the ALADDIN project was developed between the University of Arkansas and community members with an interest in improving access to the information that affects our daily lives: politics, education,environment, and more by making it available online through the Internet. TheCitychose to place its web site on the University of Arkansas' server. This has greatly benefitted the City for the last several years. Unfortunately, the need for an increased web site presence has led us to outsource our web hosting services. In early 2001, an ad -hoc committee, made up of City Staff and citizens, was formed to determine the services and information that should be available via the City's web site. One of the decisions made by this committee was to outsource the City's web hosting. This decision was made by evaluating the City's current infrastructure and personnel available. The most cost effective solution was to outsource web hosting due to staff involvement, cost and system security issues. During the later part of 2001, a selection committee was formed to review Request for Proposals (RFPs) for Web Site Design & Hosting Services. The selection committee was made up of City Staff, a member of the ad -hoc web committee, and Alderman Bob Davis. The committee selected IFWORLD, Inc. for the Web Site Design and SBC for the Web Site Hosting. The committee felt that both companies would provide the most amount of service for the best price. Go Features & Benefits: SBC Dedicated Hosting will provide a secure and reliable hosting service and is the perfect solution for the City to leverage the experience and expertise of SBC's staff. We will be providing the Web Site content and administration and SBC will provide the hardware and operating system software required to deploy a high performance hosting solution. Some of the Dedicated Hosting Product Basics Include: Kt Windows 2000 and Linux Operating System Choices O Weekly Tape Back Up O Firewall Option - NetScreen 5XP + 7 x 24 x 365 Customer Support o 99.9% Service Level Agreement (SLA) on Uptime o Highly Trained Unix Professionals & Microsoft Certified Systems Engineers Kt 24 Hours, 7 Day -a -Week Server Monitoring Included G N+l Redundancy on Data Center Power for Uninterrupted Power Supply O High -Speed Redundant Internet Bandwidth (multiple OC connections). G One Hour Per Month of Technical Support for operating system and hardware (included at no charge.) Costs: The cost of the Web Hosting services provided by SBC will be $1,484 per month. This represents an annual amount of S17,808. The description of the costs are outlined in the table below. In addition to the main contract price, the City of Fayetteville will be required to pay an additional $120.58 per month in State and Local taxes. Although the initial contract is $17,808 annually, City Staff is requesting approval to increase the annual contract up to S21,408 if necessary. Cost increases maybe necessary in the future if the City outgrows its capacity. We are not currently sure what demand the website will create and would like the ability to increase certain functions (e.g. storage, processor, etc.) in the future. Feature Monthly Cost Server: Compaq DL -380 Pill Hard Drives (RAID 5), Linux, 1.0 GHz, 512 MB RAM, (3) 9.1 GB SCSI Data Transfer of 80 GB Month. S1,069.00 Tape Back Up: Qualstar, A10 Backup for 10GB. Tape Backup, Vcritas Software, Weekly 150.00 Managed Firewall: NetScreen ScreenOS 2.6 Software. 5XP Managed Firewall Service, 265.00 Total Monthly Cost $1,484.00 Total Monthly Taxes (State, County, & City 8.125%) $120.58 One -Time Set Up Fee $484.00 M a For the remainder of 2002, the estimated cost of the Web Hosting services will be $9,388. The cost for 2002 represents six months of web hosting plus a one time initial installation charge. The use of the hosting services is dependent on the completion date of the City's Web Site by [F WORLD, Inc. Conclusion: City Staff recommends that City Council approve the contract Web Hosting to SBC. Ifyou have any questions concerning this agenda item, please contact Kevin Springer at 575-8226. Thank you for your consideration in this matter. aSTAFF REVIEW FORM as Purchasing Officer X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 5, 2002 FROM: Kevin Springer Budget & Research Administrative Svcs. Name Division Department ACTION REQUIRED: Contract approval with Southwestern Bell Communications (SBC) for Dedicated Web -Site Hosting services. The term of the contract is thirty-six (36) months with two (2) additional twelve (12) month renewal periods. The annual cost of the contract is $17,808 with additional approval being requested to increase the contract up to the amount of $21,408 annually. The 2002 cost of this contract will be $9,388. COST TO CITY: $9,388.00 (2002) $ 34,340.00 Services & Charges Cost of this Request 1010-1710-5315-00 Account Number N/A Category/Project Budget 200.00 Funds Used To Date Category/Project Name Info. Technology Program Name $ 34,140.00 General Project Number Remaining Balance Fund i BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached Budge Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING GENCY: C5Z/I±E$&11 Date n[ rn& Au itor at 1(aIoL LI Date c 15oa, Date STAFF RECOMMENDATION: Divis ADA Coordinator Grant Coordinator Staff recommends approval of Date Date Date contract with SBC. Cross Reference New Item: Yes No Prev Ord/Res if: Orig Contract Date: Orig Contract Number: STAFF REVIEW FORM - Page 09 Description Web Hosting Services - SBC Meeting Date March 5, 2002 Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grants Coordinator Reference Comments: FAYETTEVItLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kevin Springer, Budget & Research From: Heather Woodruff, City Clerk Date: March 7, 2002 Please find attached a copy of Resolution No. 40-02 approving a contract with Southwestern Bell Communications for dedicated Web -Site Hosting Services for three (3) years. I returning one (1) original contract to you. The second original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Auditor Steve Davis, Budget Manager