HomeMy Public PortalAbout175-2022 - Network Solutions - installation of network switch equipment (2) 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").
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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
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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;
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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
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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
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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;
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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
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CoR - Switch Refresh
Quote#081235
Version 1
City of Richmond Jim Gaffney
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Project Contacts
NSI Roles
Jim Gaffney Phone:574.271.0900
Account Manager Email:jimg@nsil.com
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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
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Scope of Work
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Project. Request •
REQUESTED FEATURES
• The City of Richmond would like to replace their Nexus core and closet switches with Cisco Meraki equivalent switches.
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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.
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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.
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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 .-
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o Provide adequate service window(s)(1-2 hours/switch). LOr
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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:
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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.
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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.
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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.
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Page:9 of 18
• ,.• .•• ..• •
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Statement of Work Terminology
Statement of Work Terminology
Description of a Change Request
Throughout the project,it may be necessary to amend the scope of work to include additional tasks or provide additional equipment to
accomplish the original scope.These changes can be identified at various stages of the project but are usually identified in the initial
review of the statement of work,during prework or just before implementation.
The requested change may impact the scope,cost and timeline but is deemed necessary to accomplish the original scope so it will be
important the entire team discuss the findings and agree the change is necessary.
Once the requested change has been reviewed,a change request form will need to be completed. The change request will be submitted
to initiate a re-design to define and document the required changes for final customer approval.
Definition of Meetings
Meetings are very important for ensuring all team members are working towards the same goal and completing tasks to accomplish the
goal. Therefore,the following meetings may be scheduled during the duration of the project.
• Kick Off Meeting—to discuss the requirements,verify the scope,identify the team members and their role,outline an initial
timeline.
• Update Meetings
o The frequency will be based on the size of the project and outlined in the project plan.
o Additional meetings are available for an additional charge.
o All team members are expected to be present.
o Purpose is to review the project plan.
• Provide updates on tasks completed.
• Review next tasks to be completed and agree on due dates.
• Closing Meeting
o Confirm all work has been completed and all issues resolved.
o Retrospective(what went well and where improvements can be made).
o Provide approval to close the project.
Description of the Closing Process
Once the engineer has indicated the deliverables have been completed,a request will be sent
• Asking for an update on the implementation
• Verifying everything is working as planned
• Confirming all deliverables have been completed
• Requesting approval to close the project
The closing process should take less than 15 days.
Potential Impacts to the Timeline
Pt PAGE_10___OF
NSI does not carry inventory which means all equipment is ordered once
iE 6
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• The quote is accepted by the customer
• A PO is received
• The project is created if professional services are included
The ship date/delivery date for equipment will define when the project will be scheduled to begin.
In certain situations,an expedite in shipping may be requested. The expedite does not mean the vendor can fulfill the request.
The work effort,resource availability and equipment delivery date,if applicable,will be utilized to define the earliest date when a
solution could be implemented.
Timeliness of the data collection effort may impact the implementation date.
Timeliness on providing access to the customer's environment or access to the customer's key technical resource may impact the
schedule and implementation date.
•
•
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Project Change Request
• Project Change Request
Throughout the project, it may be necessary to amend the scope of work to include additional tasks or provide additional
equipment to accomplish the original scope. These requests will need to be submitted to NSI on this change request form.
The change request will serve as permission to request the re-design and quote for the requested amendment of scope.
• Project Change Request Form
1. Project Information
a. Project Name:
b. Account Manager:
c. Project Manager:
d. Customer Sponsor:
2. Change Request
Requirements Change Equipment Change
a. Change Category: -
Other
b. Change Description: {Be Detailed}
c. Change Justification: {Be Detailed}
Cost Duration
d.'Change Impact:
Implementation Date
3.Acceptance
Customer acceptance of proposed change:
The customer project team has reviewed and accepts the proposed change to the project scope and modification of the terms of the
governing SOW.
Signature: Date:
Customer Name and Title:
ectiaT
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Project Completion Form
Project Completion Form
This document serves to confirm that the requested work has been completed and all of its deliverables have
been met per the Statement of Work.
1. Project Information
Project Name:
Project Manager:
2.Customer Information
Customer Name:
Customer Address:
Sponsor:
Sponsor's Title:
Sponsor's Email: Sponsor's Phone:
3.Summary of Deliverables
Project Completion Form •
Documentation
4.Acceptance
The customer's project team has received and reviewed all expected deliverables of the project,accepts all the services provided,and
considers the terms of the Statement of Work fulfilled.
Customer authorizes Network Solutions, Inc.to invoice any outstanding balance for services rendered by signing this document.
Please sign and return this document within 3 days after receipt.
Signature: Date:
Print Name Title:
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MS355-48X-HW Cisco Meraki Cloud Managed MS355-48X-Switch-L3-managed-16 $9,792.64 1 $9,792.64 I
x 1/2.5/5/10GBase-T+32 x 1000Base-T+4 x 10 Gigabit SFP++2 x 40
Gigabit QSFP+-desktop,rack-mountable-UPOE
LIC MS355-48X5YR Cisco•MerakiEnterprise . - ••
$1.572:07 1 $1572.07
MS355-24X2-HW Cisco Meraki Cloud Managed MS355-24X2-Switch-L3-managed- $8,103.71 4 $32,414.84
24 x 1/2.5/5/10GBase-T+4 x 10 Gigabit SFP++2 x 40 Gigabit QSFP+-
desktop,rack-mountable-UPOE
LIC-MS355-24X2 Cisco Meraki Enterprise.: •$1299:23 4 - • $5196.92
5YR
MS225-48FP-HW Cisco Meraki Cloud Managed MS225-48FP-Switch-managed-48 x $4,528.08 18 $81,505.44
10/100/1000(PoE+)+4 x 10 Gigabit SFP+(uplink)-rack-mountable-
PoE+(740 W)
LIC-MS225-48FP Cisco Meraki.Enterprise- • -$686.00 18 $12 348.00'
5YR:
MS225-24P-HW Cisco Meraki Cloud Managed MS225-24P-Switch-managed-24 x $2,836.56 17 $48,221.52
10/100/1000(PoE+)+4 x SFP+-desktop,rack-mountable-PoE+(370
W)
•LIC MS225 24P 5YR Cisco Meraki Enterprise • $428..7.5 17 • $.7288..75
MA-CBL-40G-1M Cisco Meraki-Stacking cable-QSFP to QSFP-3.3 ft-for Cloud $114.45 15 $1,716.75
Managed M5350-24,MS350-24P,MS350-48,MS350-48FP,MS350-
48LP
•MA-QSFP 40G-LR4 •Cisco Meraki QSFP transceiver module-:40 Gigabit LAN 40GBase $5,673.12 • 6: $34-038:72
LR4-LC:single-mode=up•to.6:2 •miles-1310 nm:=fo•r Cloud'Managed
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M5420;.Cloud'Managed Ethernet:Aggregation.Switch MS410,MS420;,
M5425. . :,
MA-SFP-1GB-TX Cisco Meraki-SFP(mini-GBIC)transceiver module-GigE-1000Base- $226.05 11 $2,486.55
TX-for Cisco Meraki MX100,MX400,MX600,MX80;Cloud Managed
Ethernet Aggregation Switch MS420
MA-SFP-1.GB-SX .Cisco Meraki :SFP(mini=GBIC)transceiver module GigE,-1000Base- • •$260.23 18 $4 684.14
. .SX:-up to.722 ft-850 nm-for Cisco.Meraki MX100;:MX400,:MX600 :
• • .. MX80;;Cloud Managed.Ethernet.Aggregation Switch MS420 . •
Subtotal $241,266 34
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Subtotal = = $:60 86795-
Shipping
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Shipping& Shipping and Handling $2,563.68 1 $2,563.68
Handling
Shipping and Handling
• Subtotal
'PAGE lrQF 1'
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Prepared by: Prepared for: Quote Information:
HQ Granger Office City of Richmond Quote#:081Z35
Jim Gaffney 50 N 5th Street Version: 1
Richmond,IN 47374 Delivery Date:
574.271.0900
10/04/2022
Fax(574)271 7117 Ron Evans Expiration Date: 11/04/2022
jimg@nsi1.com (765)983-7351
revans@richmondindiana.gov
Quote Summary
Hardware
$241,266.34
Professional Sernces '
$60,867.95:
Subtotal: $302,134.29
Shipping $2,563 68
Total $304,697 97:
Taxes,shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
HQ Granger Office City of Richmond
./-
Signature: Signature: �� '
Name: Jim Gaffney Name: Ron Evans
Title: Account Manager Date: �� r .` te .
Date: 10/04/2022 �.
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(P5a7g4e)21761-00f9 1080
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Terms and Conditions
1. SHIPPING AND HANDLING. All equipment purchased by Customer(the"Equipment")is provided FOB at the shipping location. Shipment will be made as specified by Customer
and Customer is solely responsible for all expenses in connection with the delivery of the Equipment.The Equipment will be deemed accepted by Customer upon receipt.
2. PURCHASE PRICE AND TAXES.Customer shall pay to Network Solutions,Inc.the purchase price set forth in the applicable invoice("Purchase Price")for each item of
Equipment and installation. Customer hereby grants and Network Solutions,Inc.reserves a purchase money security interest in the Equipment and the proceeds thereof as a
security for its obligations hereunder until payment of the full Purchase Price to Network Solutions,Inc. Customer authorizes Network Solutions,Inc.to file financing statements
to perfect its purchase money security interest. Customer acknowledges that in the event of Customer's default and the exercise by Network Solutions,Inc of its security interest
in the Equipment,all of Customer's systems and activities which depend on the Equipment will be disrupted or rendered inoperable.The Purchase Price is due and payable upon
delivery of the Equipment in accordance with the terms on the face of the invoice.Customer shall pay all taxes and other governmental charges assessed in connection with the
rental,use or possession of the Equipment including,without limitation,any and all sales and/or use taxes and personal property taxes.
3. PAST DUE INVOICES. Invoices are past due the day following the date payment is due. Interest charges shall accrue from that date. In the event of past due invoices,Customer
agrees to pay to Network Solutions,Inc.,as interest,an amount equal to 2%per month,or the maximum provided by law,(whichever is less)for invoice amounts that are past
due.Should Network Solutions, Inc. be forced to initiate legal action to collect unpaid amounts from past due invoices,Customer agrees to pay Network Solutions, Inc.'s
reasonable attomey'sfees and costs of collection in addition to the interest described above.
4.TITLE. Customer shall acquire title to the Equipment upon full payment of the purchase price(s)set forth herein. Notwithstanding the foregoing,Network Solutions,Inc.and
any licensor of rights to Network Solutions,Inc.shall retain title to and rights in the intellectual property(whether or not subject to patent or copyright)and content contained in
the materials supplied under the terms of this Agreement.
5. RETURNS. All returns must be approved by Network Solutions,Inc.and a RMA number assigned prior to return shipment. Customary restocking fees of 15%will apply to all
non-defective returns. Returns delivered to Network Solutions,Inc.without prior consent will be rejected and returned. If evaluation product is not returned at the end of the
evaluation period,evaluation unit invoices are due and payable on the day following the invoice date.
6.SELECTION OF EQUIPMENT;MANUFACTURER WARRANTY.Customer acknowledges that customer has selected the Equipment and disclaims any statements made by Network
Solutions,Inc. Customer acknowledges and agrees that use and possession of the Equipment by Customer shall be subject to and controlled by the terms of any manufacturer's
or,if appropriate,supplier's warranty,and Customer agrees to look solely to the manufacturer or,if appropriate,supplier with respect to all mechanical,service and other claims,
and the right to enforce all warranties made by said manufacturer are hereby,to the extent Network Solutions, Inc. has the right,assigned to Customer. THE FOREGOING
WARRANTY IS THE EXCLUSIVE WARRANTY AND IS IN LIEU OF ANY ORAL REPRESENTATION AND ALL OTHER WARRANTIES AND DAMAGES,WHETHER EXPRESSED,IMPLIED OR
STATUTORY.NETWORK SOLUTIONS,INC.HAS NOT MADE NOR DOES MAKE ANY OTHER WARRANTIES OF ANY KIND,EXPRESSED OR IMPLIED,INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,MERCHANTABILITY,OR OF NONINFRINGEMENT OF THIRD PARTY RIGHTS AND AS TO NETWORK SOLUTIONS,INC.AND
ITS ASSIGNEES,CUSTOMER PURCHASES THE EQUIPMENT"AS IS".
•
7.LIMITATION OF LIABILITY.Network Solutions,Inc.'sentire liability for any damages which may arise hereunder,for any cause whatsoever,and regardless of the form of action,
whether in contract or in tort,including Network Solution,Inc.'s negligence,or otherwise,shall be limited to the Purchase Price paid by Customer for the Equipment.IN NO EVENT
WILL NETWORK SOLUTIONS,INC.BE LIABLE FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR CONSEQUENTIAL DAMAGES,OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS
OPPORTUNITIES,PROFITS,SAVINGS,INFORMATION,USE OR OTHER COMMERCIAL OR ECONOMIC LOSS,EVEN IF NETWORK SOLUTIONS,INC.HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8. 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 Indiana(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. Falling such amicable
settlement,any controversy,claim,or dispute arising under or relating to this Agreement,including the existence,validity,interpretation,performance,termination or breach
thereof,the parties to this Agreement hereby consent to jurisdiction and venue in the courts of the state of Indiana.
9. SUBSCRIPTION TERM. For Active User Subscription services provided for a specified term,the following applies:
-A purchase of an Active User Subscription is an obligation on the part of the Customer to purchase that service for the duration of the Subscription term.The Subscription Term
may be for one(1),two(2),three(3)or five(5)years.
-Network Solutions,Inc has a constant obligation to recalculate the Subscription quantity and Minimum Subscription Fee at the end of every subscription period,should the
Subscription quantity increase.Customer agrees to compensate Network Solutions based on the actual Subscription quantity at the end of the Subscription period.Each
consecutive twelve(12)month period in a Subscription Term is a Subscription Period.
-A subscription may not be terminated without cause by either party at any time during the Subscription Term.The Subscription Temshall begin from the earlier of(a)the service
activation date,or(h)upon expiration of the Activation Grace Period adjusted for any delay in subject to the Activation Grace Period section.
•
10.NON-SOLICIT.Customer agrees that,during the term of this Agreement and for a period of one(1)year thereafter,customer shall not without NSI's written consent,directly or
indirectly:Solicit any personnel of NSI or its affiliatesto accept any employment with customer or any other employer.In the event that customer breaches its obligations listed,
then customer shall pay to NSI an amount equal to$100,000(Liquidated Damages). The parties intend that the NSI Breach Liquidated Damages constitute compensation,and not
a penalty.The parties acknowledge and agree that NSI's harm caused by such breach would be impossible or very difficult to accurately estimate,and the NSI breach Liquidated
Damages are a reasonable estimate of the anticipated or actual harm that might arise from such breach by customer.
•
11. MISCELLANEOUS.The above terms and conditions are the only terms dnd conditions upon which Network Solutions,Inc.is willing to sell the Equipment and supersede all
EEXHIBiT_fl PAGE 11 OF I
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