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HomeMy Public PortalAbout175-2022 - Network Solutions - installation of network switch equipment P PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this /u day of Novb,46 . 022 and referred to as Contract No. 175-2022, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Network Solutions, Inc., P.O. Box 193, Granger, Indiana, 46530 (hereinafter referred to as the"Contractor"). • SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide consulting and professional services including but not limited to project management, support, and installation of upgraded network switch equipment to also be installed including any ongoing subscription or licensing services for the City as an active user or future status of the City as an active user (hereinafter the "Project) for the information Technology (IT) Department. Quotes were issued by the City on September 21, 2021. Contractor's Proposal, dated, October 4, 2022, is attached hereto and marked as "Exhibit A" which exhibit consists of eighteen (18) pages, is attached hereto, incorporated herein by reference, and made a part hereof. Contractor agrees to abide by the same. Should any provisions,terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions,terms, or conditions of this Agreement,this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. If applicable, Contractor shall not modify or alter any standard warranty and nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by any Manufacturer. Further, if applicable, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. Contract No. 175-2022 Page 1of7 • No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed Three Hundred Four Thousand Six Hundred Ninety-seven Dollars and Ninety-seven Cents ($304,697.97) for satisfactory completion of the Project. SECTION IV. TERM OF AGREEMENT This Agreement shall be effective when signed by all parties and shall continue in effect until satisfactory delivery and acceptance of the equipment ordered pursuant to this Agreement or until satisfactory completion of the Project, whichever is later. Equipment shall not be deemed automatically accepted by City upon receipt. Notwithstanding this, the active user subscription portion of this Agreement may continue on a one-year term basis as further described in Contractor's proposal. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice,whether oral or written,by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; Page 2 of 7 d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. • This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination,the portion to be terminated. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government,the State of Indiana, or local government. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. Employer's Liability $100,000 Page 3 of 7 • r C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2;000,000 each aggregate F. - Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,before commencing work under this Agreement,provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in Page 4 of 7 breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability,national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race,religion, color, sex,national origin or ancestry; Page 5 of 7 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion,negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. Page 6 of 7 In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attomey's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, NETWORK SOLUTIONS,INC. INDIANA by and through its P.O. Box 193 Board of Public Works and Safety Granger,IN 46530 By: `ad; By: Vicki Robinson,President By: Printed: Litcd- mily P er, Member B Title: ✓ e y. � ,Q � /�l Matt Evans, Member Date: Date: //—/,‘r2i'j2 APPROVED: �Da ' M. ayor Date: fit V/ZizZ Page 7 of 7 • • • • • .t ;rr . :.. fry • +�� —. ..YYIY" .v_._..:: f ,,. -fie- �i- il.:,t,F*,:Ittl!,A,`Ei!0:4$1.:t41,::igit0:[1,,Ki:IgaiiMitgqiNDlinPiVgliii0P-iik:' Air 4V:t0Arliqg4M4*PAA•RPS.,f,:Vit'.VjeggatNnteYgbinggaVgSjtair'N.tl:qi'Ari•'Vie,: :''f'Ml ip k m,,,,, 0 4 r t t _ _ K fi s I f 1 s WHY we do is as. important as WHAT we do s,t: -., - • CoR - Switch Refresh Quote#081235 Version 1 City of Richmond Jim Gaffney .p www nsil com I: (574) 271 0900. : . KiBiE N P0,0E 4 n., ,:r r s ikita F • Project Contacts NSI Roles Jim Gaffney Phone:574.271.0900 Account Manager Email:jimg@nsil.com • Connie Jankoviak Phone:574.271.0900 Sales Support Specialist Email:conniej@nsil.com 4, City of Richmond.Roles Ron Evans Phone:(765)983-7351 Email: revans@richmondindiana.gov • • • • �'�Xl✓dl�lT _ www.nsil.com • WHY we. do is.as important as WHAT we d.o (574)271-0900 Page•2 of 18 faili - r ht 75 > K.:.w,.,�r .«,"':+ r`,, ,NOM:,.a.,�' �,r h. ! Y r- ' T S a " ;f F Yx h '� ti ?v r rxf,S t O a.,N na RI A '� x fir £` �r al , i' y 5 ;. r 1• h r r y s £a'S t r ;..x: ll lt 4;a - ` etworkSojII$o71 r J k M a* -r -c a s ( a a s s: eigillal .x t s v `fx 3 t -�-,`�t z ° ,�, I'SL`CdOSk.,. i^k.r3. s } r a. s . .�.4 lj r S.xAga .f F .r ,ram ,aa'f'c. t { ( 'z Scope of Work • Project. Request • REQUESTED FEATURES • The City of Richmond would like to replace their Nexus core and closet switches with Cisco Meraki equivalent switches. • Proposed Solution OVERVIEW • • NSI is proposing replacing the equipment with the following: • Nexus core switches to be replaced by Cisco Meraki MS355 switches • Cisco access switches to be replaced by Cisco Meraki M5225 switches Initiating and Planning Phase • DEPLOYMENT PLANNING NSI Responsibilities: o NSI will gather existing setup and configuration information from the environment as well as validating any information provided during the presales scoping phase. • Customer Responsibilities: o Designate a location for any ordered equipment to be delivered to.If the installation location is at a different address from the .shipping/staging location,the customer is responsible for transporting the equipment to each respective installation location. • • Assumptions/Exclusions: -o For physical hardware,the location should provide a secure temperate area for storage and staging of equipment. o NSI estimates gathering and validating information on the existing environment will require approximately 8 hours. o Coordination with entities other than the customer is not required. 6 ' I€ IT 04 PACE 3 .OF tt....j www.nsil.com WHY WO. do:is.as importgnt as WHAT we do (574)271-0900 >_ _- - - age of e w4' r y £a y( ?'y .o .x!k#✓.,' ;r i g o nhoiis;a" 3p P3as x { ' Executing/Implementation Phase MERAKI CORE SWITCH SETUP NSI Responsibilities: o Install each switch into the rack. o Apply a base configuration to each switch for network administration(hostname,management address,SNMP,etc.). o Apply a layer 2/switching configuration to each switch(etherchannel,per-port VLAN assignment,etc.). o Apply a layer 3/routing configuration to each switch(static or OSPF). o Install all power cables,stack cables,power stack cables,modules,SFPs,and uplink cables for ordered equipment. o Move all patch cables from old switch to new switch while maintaining port assignments. Customer Responsibilities: o Provide proper type and quantity of AC outlets required. o Provide adequate rack space. o Provide base configuration requirements(if any). o Provide a desired switchport configuration(if any). o Provide adequate service window(s)(2-4 hours/switch). Assumptions/Exclusions: o Customer has proper type and quantity of AC power outlets available for the equipment ordered. o PoE capabilities of the switch(es)requested match the PoE requirements of the environment. o All needed stack cables,power stack cables,SFP modules,and fiber required are included in the order. o SFP modules included are best guess,due to no access to existing equipment. o No new subnets,VLANs,or other significant changes will be made to the network outside of the work required to perform this install. o No configuration or changes to management platforms are included. o Work involving downtime will be performed after regular business•hours. o All existing patch cables are sufficient in length,condition,and quantity. • MERAKI EDGE SWITCH SETUP NSI Responsibilities: o.Install each switch into the rack. o Apply a base configuration to each switch for network administration(hostname,management address,SNMP,etc.). o Apply a layer 2/switching configuration to each switch(etherchannel,per-port VLAN assignment,etc.). o Install all power cables,stack cables,power stack cables,modules,SFPs,and uplink cables for ordered equipment. o Move all patch cables from the old switch to the new switch while maintaining port assignments. Customer Responsibilities: o Provide proper type and quantity of AC outlets required. o Provide adequate rack space. • o Provide base configuration requirements(if any). . o Provide a desired switchport configuration(if any). i .- s..xl-�IsrT 14 PAGE FBI o Provide adequate service window(s)(1-2 hours/switch). LOr www.nsil.com WHY We do is.as important as WHAT we do (574)271-0900 g 'X s Z Y 3- 5* 4M I �` .I•'Y/ : , €°�" 'gt j r' z,.. - s q i ?�y ,.. _ q 'xt 6 I:•. iy 4 S ry H M_ € „S'�+ ''r y s M x r tt ✓ §fAlk rh g' r I�' x r',` e r Y -4t 3 x' r r' v .�'++" w�rf-3.�i0 1I.ti ,� { ' R'z` 5 N M 5 i - �, 4 4 .A:5e VZ�v^sT,CE. 4 T - `S' 'fF' ; iY WOM;Nid WiAIA Assumptions/Exclusions: o Customer has proper type and quantity of AC power outlets available for the equipment ordered. o PoE capabilities of the switch(es)requested match the PoE requirements of the environment. o All needed stack cables,power stack cables,SFP modules,and fiber required are included in the order. o SFP modules included are best guess,due to no access to existing equipment. o No new subnets,VLANs,or other significant changes will be made to the network outside of the work required to perform this install. o No configuration or changes to management platforms are included. o Work will be performed during business hours. o All existing patch cables are sufficient in length,condition,and quantity. o This/these switches will not serve a role of aggregation or core network functionality. o The switches are direct replacements for existing switches,using the same connectivity. Monitoring & Controlling j Closing Phase ; , PROJECT UPDATE MEETINGS NSI Responsibilities: o The NSI project manager will schedule project update meetings throughout the project as needed. Customer Responsibilities: o Attend cadence meetings and provide timely feedback on action items. -Assumptions/Exclusions: o The NSI project manager will determine schedule and frequency of update meetings to drive project completion. • o Additional meetings can be coordinated but may result in additional charges. POST-CUT SUPPORT NSI Responsibilities: o Provide remote support up to 2-hours for the business-day following any cutover. Customer Responsibilities: o Provide a single point person who is responsible to escalate suspected issues to NSI engineers and the project manager. o Any issues identified after the post-cut support window should be reported to the NSI project manager. The project manager will respond and provide a schedule for appropriate resources and time-line based on the priority of the issue reported. Assumptions/Exclusions: A PAGE_ b .bP I4 www.nsil.com WHY vie do.'is.as irnp.orar:t'as WHAT we do (574)271-0900 _ • = Page:5 of 18 • _ — x F '-ems FINAL DOCUMENTATION NSI Responsibilities: o Provide an inventory document that identifies all products installed,their serial number,and the corresponding location/building they were installed in. o Provide the final configuration files from installed or configured devices. o Provide a network topology drawing of the products installed. Customer Responsibilities: o Maintain copies of all documentation.(NSI does not guarantee access to these documents following initial delivery of the documents.) Assumptions/Exclusions: o Any documentation will be provided at the conclusion of the project. EXTENDED SUPPORT NSI Responsibilities: o NSI will provide two weeks of extended support beginning on the date of project closure. Customer Responsibilities: o Contact NSI support at [support@nsil.com] or by calling(800)-247-0900-Option 3. o When contacting NSI support,provide the project number,project description,project engineer,and project manager to ensure assignment to the appropriate project engineer. Assumptions/Exclusions: o Billing will align with the original project. is r www.nsil.com WHY we do is.as important as WHAT we do (574)271-0900 _ Page•6 of 18 r - �i'x c iT �' Y5:{ f` yy k '� *tWOtkSO1Ut1 z: w y r .�Y's ' �} $ a r'v.c'r:k yri �'� x, ..a » x i rFit e�T r s fi=:0 F.fix7:0 r x_ i"a fa �`r t 4 `� yr f zil Estimated Pricing TIME AND MATERIALS ENGAGEMENT NSI has estimated the costs required to provide the services described in this proposal. This estimate approximates the costs required but does •not represent actual costs.Only the actual hours worked will be billed according to the rates established below. • Product - Description Unit Price '.NSi PROSVC=1• .• Engineering;Services,-.Tier1:-QPA-Business Hours.; $175.00. NSi.PRO-SVC-1,AH' • Engineering Services-Tier 1-•QPA-•After-Hours .$262.50 • NSI.PRO'-SVC-2: • • EngineeringServices-Tier 2.-•QPA-Business-Hours: $205:00' NSI PRO-SVC-2'-AH" Engineering Services.-Tier2.-QPA-After-Hours . '" • ' '$30750 NSI PROSVc-PM. " . Project.Management.Services: - $140.00: • Estimate of Total Cost: $60,867.95 • Business Hours are identified as 8AM to 5PM,Monday—Friday,EST(unless otherwise specified). • Hours are billed for every 1/10th-hour interval. • There is a 2-hour minimum if onsite work/travel is required. • Billing for professional services will occur at the end of each month while the project is open with final billing for professional services occurring when the project is closed. • rXHIB1! 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Crp=r Network Gevicoa ...--- .,..• . — C , Document Physical.Tapology . . . — 16 — OW. —r1145 . switch la 'M WIG ity of Richmond 3.06 •---'2etworkSoluttons: , Prepared:By;Bryan ri'4ker! —OMS/A—Ttvinx E C.preSwitell rO• AP INvou..oneAmr, ReviritarDateSeptemher'12th,2022, lORG.."--'-'''' SMF :9 Router 0 Firma ) • ., . .. . . ..„....-... _ ° 1- A PAGE Is- OF it-1 www.nsil.com WHY We do 18.as import.arit as WHAT we do. . . 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