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HomeMy WebLinkAboutMINUTES - 12032013 - C.102RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim County Librarian, or designee, to execute a contract, including modified indemnification language, with Neustar in an amount not to exceed $3,841 to provide Domain Name System (DNS) service for the period January 1 through December 31, 2014. FISCAL IMPACT: The cost of the service is $3,841 annually and is included in the library's 2013/14 budget. BACKGROUND: Domain Name Service is an Internet service that translates domain names (ccclib.org) into Internet Protocol (IP) addresses. Because domain names are alphabetic, they are easier to remember. The Internet however, is really based on numerical IP addresses. Every time a domain name is used, therefore, a DNS service must translate the alphabetic name into the corresponding numerical IP address. DNS records tell the Internet where to send the Library internet traffic. DNS also tells the internet what server is holding the Library's records (information) and maintains any changes to the domain name entry (ccclib.org). The Library has had a long-standing agreement with UltraDNS for the same services that was previously handled through a purchase order in April 2010. The County Department of Information Technology (DoIT) at one time managed this service for the Library and requested that the Library obtain an outside service. The Library's systems administrator did comparative shopping and selected UltraDNS (now Neustar) for its ease of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/03/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura McKeegan, 925-927-3214 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 3, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C.102 To:Board of Supervisors From:Cathy Sanford, Interim County Librarian Date:December 3, 2013 Contra Costa County Subject:Library Neustar Master Services Agreement and Service Order for UltraDNS Managed External Service BACKGROUND: (CONT'D) use, quick propagation, reliability, and the lowest cost. Neustar has purchased UltraDNS, necessitating a new agreement, and a change in pricing. Library staff have reviewed the Neustar agreement and service order and agree to the description of services. Services include: +Primary and secondary Domain Name servers +Domain Name Service for up to 3 domain names +Up to 2 million domain name queries per month As the Library website gains popularity and provides more services, the number of domain name queries per month grows. Currently, the Library is averaging approximately 1.2 million queries per month. The new agreement will provide for up to 2 million queries per month; the total annual cost of this agreement is $3,841. The Neustar, Inc. Agreement contains the following modified indemnification language: “Each Party will indemnify, defend and hold harmless any action brought against the other Party, its directors, officers, members or employees (i) for breach of warranty contained herein or in a Service Order; and (ii) as provided for in any Service Order. Upon receiving notice of any claim covered by the indemnity obligations set forth in the MSA or a Service Order, the indemnified Party (Indemnified Party) shall promptly notify the indemnifying Party (the Indemnifying Party) in writing of the claim. The Indemnifying Party may assume sole control of the defense of any such claim. The Indemnified Party may, at its own cost and expense, participate through its attorneys or otherwise, in such investigation and defense. If the Indemnified Party does not participate in the investigation and defense of the claim, the Indemnified Party shall provide the Indemnifying Party reasonable assistance regarding such claim at the Indemnifying Party’s expense. The Indemnifying Party will pay those costs and damages, including reasonable attorneys’ fees, awarded against the Indemnified Party by a court of competent jurisdiction in any such action that is specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. Unless such settlement is solely for monetary damages for which the Indemnified Party is fully indemnified hereunder, the Indemnifying Party shall not settle any such claim without the Indemnified Party’s prior, written consent, which shall not be unreasonably withheld or delayed.” The Neustar, Inc. Agreement contains the following modified indemnification language: “Each Party will indemnify, defend and hold harmless any action brought against the other Party, its directors, officers, members or employees (i) for breach of warranty contained herein or in a Service Order; and (ii) as provided for in any Service Order. Upon receiving notice of any claim covered by the indemnity obligations set forth in the MSA or a Service Order, the indemnified Party (Indemnified Party) shall promptly notify the indemnifying Party (the Indemnifying Party) in writing of the claim. The Indemnifying Party may assume sole control of the defense of any such claim. The Indemnified Party may, at its own cost and expense, participate through its attorneys or otherwise, in such investigation and defense. If the Indemnified Party does not participate in the investigation and defense of the claim, the Indemnified Party shall provide the Indemnifying Party reasonable assistance regarding such claim at the Indemnifying Party’s expense. The Indemnifying Party will pay those costs and damages, including reasonable attorneys’ fees, awarded against the Indemnified Party by a court of competent jurisdiction in any such action that is specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. Unless such settlement is solely for monetary damages for which the Indemnified Party is fully indemnified hereunder, the Indemnifying Party shall not settle any such claim without the Indemnified Party’s prior, written consent, which shall not be unreasonably withheld or delayed.” CONSEQUENCE OF NEGATIVE ACTION: The Library will be unable to provide user-friendly navigation for both its web site, web-based services, and email. CHILDREN'S IMPACT STATEMENT: None.