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Home My WebLink About25-0326 Qubit Networks as- c3 U G?) - k\O 'cks March 26, 2025 Agenda Bid Item: -3 — Extreme Network Switch Replacement Year One— Omnia Partners Contract ($267,060) PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of YV1a 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Qubit Networks LLC, an Indiana limited liability corporation, (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City as described in the four (4) page proposal, attached hereto and made a part hereof as Attachment A, and as provided by Omnia Partners Public Sector Wireless Solutions Region 14 ESC —TX Contract #01-112 — Wireless Solutions, incorporated herein by reference (the "Omnia Partners Contract"). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof and the Omnia Partners Contract. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the Omnia Partners Contract, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the Omnia Partners Contract, Attachment A shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Qubit Networks LLC, 103 Polk Street, LaPorte, IN 46350 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, el seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. SEVERABII,ITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Two Hundred Sixty Seven Thousand Fifty Nine Dollars and Sixteen Cents ($267,059.16) within thirty (30) days of delivery or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the 2 foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. QUBIT NETWORKS LLC C ELGIN Grel 6;1 ie l Print Richard G. Kozal, City Manager Attest: Signature - C k t e f CrercaitA5 D 2I/W. Title City Clerk Legal DeptAgreement\Qubit Networks-Purchase Agr-Network Switches-3-I I-25.docz 4 ______ �� jESIGN ,\ ., .. Q• c,) ubi t F • c. 100 \ eLwor < s z __L4,1 o • 1P- 1‘ twAe ________-- Extreme Networks Switch Refresh PROPOSAL PREPARED FOR City of Elgin [NCPA] OESIGM 103 Polk Street,LaPorte, IN 46350 0uh4 www.qubitnet.com T:(219)369-4357 F:(219)-324-9901 Scope of Work Extreme Networks Switch Refresh Provide the following equipment and services. Installation services are not included, but they are available upon request. Products Qty Manufacturer Name Part# Product Description Unit Price Ext. Price 18 Extreme Networks 5420M-24W- ExtremeSwitching 5420M 24 $2,577.24 $46,390.32 4YE 10/100/1000BASET FDX/HDX 802.3bt 90W PoE 2 Stacking/SFP-DD 4 10/25G Unpopulated SFP28 MACsec Capable includes Fan Module 2 Unpopulated Modular PSU Slots 36 Extreme Networks XN-ACPWR- 920W AC Power Supply $590.15 $21,245.40 920W 36 Extreme Networks 10061 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 $7.20 $259.20 18 Extreme Networks 20G-DACP- 20G Passive DAC SFPDD im $181.30 $3,263.40 SFPDD1M 18 Extreme Networks 97000-5420M EW Software&TAC-5420M-24W-4YE(3 Years) $714.00 $12,852.00 -24W-4YE 9 Extreme Networks 5420M-48W- ExtremeSwitching 5420M 48 $4,096.80 $36,871.20 4YE 10/100/1000BASET FDX/HDX 802.3bt 90W PoE 2 Stacking/SFP-DD 4 10/25G Unpopulated SFP28 MACsec Capable includes Fan Module 2 Unpopulated Modular PSU Slots 18 Extreme Networks XN-ACPWR- 920W AC Power Supply $590.15 $10,622.70 920W 18 Extreme Networks 10061 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 $7.20 $129.60 9 Extreme Networks 20G-DACP- 20G Passive DAC SFPDD im $181.30 $1,631.70 SFPDD1M 9 Extreme Networks 97000-5420M EW Software&TAC-5420M-48W-4YE(3 Years) $1,134.75 $10,212.75 -48W-4YE 1 Extreme Networks 5420M-24T- ExtremeSwitching 5420M 24 $2,568.24 $2,568.24 4YE 10/100/1000BASET FDX/HDX 2 stacking/SFP-DD 4 10/25G unpopulated SFP28 MACsec capable includes fan module 2 unpopulated modular PSU slots. 2 Extreme Networks XN-ACPWR- 150W AC PSU supported on Non-PoE 5420 $275.65 $551.30 150W switches 2 Extreme Networks 10061 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 $7.20 $14.40 1 Extreme Networks 20G-DACP- 20G Passive DAC SFPDD 1m $181.30 $181.30 SFPDD1M Quote:#000581 v1 Moving&Storing Data Fast&Safe! Page• 2 of 4 eliN • 103 Polk Street,LaPorte,IN 46350 www.qubitnet.com • 1 , T:(219)369-4357 F:(219)-324-9901 Products Qty Manufacturer Name Part# Product Description Unit Price Ext. Price 1 Extreme Networks 97000-5420M EW Software&TAC-5420M-24T-4YE (3 Years) $711.45 $711.45 -24T-4YE 18 Extreme Networks 5320-16P-4XE 5320 16x10/100/1000Base-T PoE+Ports $1,546.20 $27,831.60 4x1GbE SFP Ports upgradeable to 10G SFP+ MACsec Capable 1 Fixed AC PSU Fans 18 Extreme Networks 10061 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 $7.20 $129.60 18 Extreme Networks 97000-5320- EW Software&TAC-5320-16P-4XE(3 Years) $423.30 $7,619.40 16P-4XE 2 Extreme Networks 5320-24P-8XE 5320 24x10/100/1000Base-T PoE+Ports $1,989.00 $3,978.00 8x1GbE SFP Ports upgradeable to 10G SFP+ MACsec Capable 1 Fixed AC PSU Fans 2 Extreme Networks 10061 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 $7.20 $14.40 2 Extreme Networks 97000-5320- EW Software&TAC-5320-24P-8XE(3 Years) $464.10 $928.20 24P-8XE 5 Extreme Networks 5520-24X- 5520 24 1Gb/10Gb SFP+Ports 2 $5,702.04 $28,510.20 BASE Stacking/QSFP28 Ports 1 Unpopulated VIM Slot 2 Unpopulated Modular Fan Slots 2 Unpopulated Modular PSU Slots 5 Extreme Networks 5520-VIM- 5520 Versatile Interface Module with 4 x $1,139.23 $5,696.15 4YE 10/25Gb SFP28 MACsec-Capable Ports 10 Extreme Networks XN-ACPWR- 350 Watt AC Power Supply Module-Front to $368.15 $3,681.50 350W-FB Back airflow 10 Extreme Networks 17115 X870 X690 X590 5520 Fan Module Front-to- $138.01 $1,380.10 Back Airflow 10 Extreme Networks 10061 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 $7.20 $72.00 5 Extreme Networks 100G-DACP- 100G Passive DAC QSFP28 lm MSA P/N $155.03 $775.15 QSFP1M EQPC1HPC010C0100. 4 Extreme Networks 97004-5520- EW NBD AHR-5520-24X-BASE(3 Years) $2,618.85 $10,475.40 24X-BASE 115 Extreme Networks XIQ-PIL-S-C- XIQ Pilot SaaS EW SaaS Support-ExtremeCloud $247.50 $28,462.50 EW IQ Pilot Saas Subscription and EW SaaS Support for One-1 Device (3 Years) Subtotal: $267,059.16 Quote:#000581 vl Moving&Storing Data Fast&Safe! Page:3 of 4 elaiN • 103 Polk Street,LaPorte,IN 46350 www.qubitnet.com • T:(219)369-4357 F:(219) 324 9901 • • Extreme Networks Switch Refresh Prepared by: Prepared for: Quote Information: a Eft' Qubit Networks City of Elgin[NCPA) Quote#:FT:d. Greg Gigiel 150 Dexter Court 708-552-1161 Elgin, IL 60120 ' - Fax 219-3694232 Joe Bush Version: 1 • greg@qubitnet.com (847)652-2746 Delivery Date:03/11/2025 Bush_J@cityofelgin.org Expiration Date:04/02/2025 Quote Summary Description Amount Products $267,059.16 Total: $267,059.16 Taxes,shipping,handling and other fees may apply at time of invoicing.We reserve the right to cancel orders arising from pricing or other errors. *Note: Anything(verbal or written)expressed or implied elsewhere,which is contrary to this proposal shall be null and void.Credit Card orders are subject to a 3.75%processing fee. Qubit Networks City of Elgin [NCPA] Signature: 91te99e € Signature: Name: Greg Gigiel Name: Joe Bush Title: Chief Operating Officer(COO) Date: Date: 03/17/2025 Quote:#000581 vi Moving&Storing Data Fast&Safe! Page:4 of 4