16-90 Resolution No. 16-90
RESOLUTION
AUTHORIZING EXECUTION OF A PRODUCT AND SERVICE PURCHASE
AGREEMENT WITH CONVERGING NETWORKS GROUP, INC.
FOR UPGRADING THE CITY OF ELGIN'S NETWORK
CORE SWITCH INFRASTRUCTURE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute a Product and Service Purchase Agreement on behalf of
the City of Elgin with Converging Networks Group,Inc. for upgrading the City of Elgin's network
core switch infrastructure, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 22, 2016
Adopted: June 22, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Converging Networks Group, Inc.
Phone: (815) 929-9850 Fax: (815) 929-9882
143 North Schuyler Avenue
Kankakee, IL 60901
www.consultcng.com
Product and Service Purchase Agreement
This Agreement is hereby made and entered into this 22nd day of 7u1J& , 2016 by and between
Converging Networks Group, Inc., an Illinois corporation (hereinafter referred to as "CNG") and the City of Elgin,
Illinois, a municipal corporation(hereinafter referred to as "City").
Now,therefore, 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. CNG TO PROVIDE. CNG shall provide the goods and "Extreme Networks Professional Services"
under the terms and provisions described in Attachment A, attached hereto and made a part hereof. Such goods and
services shall be provided by CNG within ninety (90) days of the date of this Agreement. CNG shall also provide
annual maintenance and software support for X670-G2 NBD hardware replacement, software support, TAC as
provided by Quote 154867, attached hereto and made a part hereof as Attachment B. The aforementioned annual
maintenance and software support(a/k/a "X650-24X Coverage") shall be at an annual cost of$10,690 commencing
November 1,2016.
2. CITY TO PROVIDE. City shall pay to CNG the sum of $82,500 for the goods described herein in
Attachment A and $14,000 for the Extreme Networks Professional Services described herein in Attachment A, for a
total payment from the City to CNG of$96,500, which shall be payable within sixty (60) days of the delivery and
acceptance of the goods provided for herein and upon CNG's provision of all services provided for herein. In
addition to the aforementioned payment of$96,500 for the services described in Attachment A, the City shall pay
an annual fee of$10,690 to CNG commencing on November 1, 2016 for the services provided at Attachment B for
a period of one year.
3. TITLE/RISK OF LOSS. Risk of loss for all goods provided for herein shall pass to the City upon
delivery to City's location. The City shall acquire good and free title to all goods provided for herein upon full
payment of charges invoiced; provided, however, that title to software shall remain with the manufacturer of the
software.
4. GOVERNING LAW/VENUE. This Agreement shall be 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 in the Circuit Court of Kane County, Illinois.
5. INTEREST. CNG hereby waives any and all claims to interest on money claimed to be due pursuant to
this Agreement, and 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, as amended (50 ILCS 505/1,
et seq.),or the Illinois Interest Act, as amended (815 1LCS 205/1,et seq.).
6. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the
provisions of this Agreement shall be deemed to be unenforceable for any reason, the remainder of this Agreement
shall remain in full force and effect.
7. MERGER. This Agreement is the only Agreement between the parties hereto regarding the subject
matter hereof. There are no other agreements, either implied, written or oral between the parties hereto regarding
Product and Services Purchase Agreement Revision V
a
( ) Converging Networks Group, Inc.
Phone: (815)929-9850 Fax: (815)929-9882
143 North Schuyler Avenue
Kankakee, IL 60901
www.consultcng.com
Product and Service Purchase Agreement
the subject matter hereof; provided, however, the parties acknowledge and agree that there is an existing NMS
Software Coverage Agreement which is valid through April 9, 2017 and an existing X670-G2 NBD hardware
replacement, software support, TAC Agreement which is valid through October 31, 2016. Such prior agreements
shall remain in full force and effect.
8. COMPLIANCE WITH LAWS/LEGAL WORK STATUS. Notwithstanding any other provision of
this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement,
CNG 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 and legal status of
employees. Without limiting the foregoing, CNG hereby certifies, represents and warrants to the City that all of
CNG's employees and/or agents who will be providing products and/or services with respect to this Agreement
shall be legally authorized to work in the United States. CNG shall also, at its expense, secure all permits and
licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of
the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to
audit any records in the possession or control of CNG to determine CNG's compliance with the provisions of this
section. In the event the City proceeds with such an audit, CNG shall make available to the City CNG's relevant
records at no cost to the City. CNG shall pay any and all costs associated with any such audit to a maximum of
$900.
9. FORCE MAJEURE. CNG shall have no liability for delays, failure in performance,or damages due to:
fire, explosion, power failures, pest damage, lightning or power surges, strikes, or labor disputes, water, acts of
God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, manufacturer
caused equipment or part shortages,transportation facilities, fuel or energy shortages, performance or availability of
communications services or network facilities, unauthorized use of the Products, or other causes beyond CNG's
control whether or not similar to the foregoing.10. SUBCONTRACTING. CNG may subcontract all or part of
the Services to be performed under this Agreement, but will retain responsibility for the work to the extent of the
warranties provided in Section 12.
11. NON-SOLICITATION. Neither party shall solicit for employment any personnel of the other party who
has performed work for or received Services from the other party under this Agreement during or within twelve
(12)months of the performance of such Services.
12. WARRANTIES AND EXCLUSIONS. Converging Networks Group, Inc., in cooperation with its
suppliers, warrants equipment platforms and components to operate in all material aspects to the specifications
described in the respective products documentation. If a Product does not operate in accordance with the
Specifications during the manufacturers' warranty period, City will promptly notify CNG. CNG will, at its option,
assist the City in submitting a replacement request to the manufacturer without charge to City. Activities beyond
item replacement may be subject to CNG's current hourly billing rates. The warranty period for products supplied
by CNG is subject to the manufacturers' warranty term and begins when the equipment is shipped to CNG and is
subject to the terms and conditions of the manufacturer's warranty. CNG will guarantee workmanship of services
offered to the City for a period equal to the period of 90 Days.
13. CITY'S RESPONSIBILITIES. A. If the Product supports Telephony over Transmission Control
Protocol/Internet Protocol (TCP/IP) facilities; City may experience certain compromises in performance, reliability
Product and Services Purchase Agreement Revision V
( 1 ) Converging Networks Group, Inc.
Phone: (815) 929-9850 Fax: (815)929-9882
143 North Schuyler Avenue
Kankakee, IL 60901
www.consultcn$.com
Product and Service Purchase Agreement
and security, even when the Product performs as warranted. CITY ACKNOWLEDGES THAT IT IS AWARE OF
THESE RISKS AND THAT IT HAS DETERMINED THEY ARE ACCEPTABLE FOR ITS APPLICATION OF
THE PRODUCT. CITY ALSO ACKNOWLEDGES THAT, UNLESS EXPRESSLY PROVIDED IN ANOTHER
AGREEMENT, CITY IS SOLELY RESPONSIBLE FOR (1) ENSURING THAT ITS NETWORKS AND
SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION, AND (2) BACKING
UP ITS DATA AND FILES.
14. CONFLICTING PROVISIONS. In the event of any conflict between the provisions of this Agreement
and any attachments hereto,the provisions of this Agreement shall control.
15. 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. For the purposes of executing this agreement, any signed
copy of this agreement transmitted by fax machine or e-mail 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 fax machine or e-mail
shall be considered for these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal
effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-
executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail
as a defense to this agreement and shall forever waive such defense.
Terms Acceptance
Acceptance of this Agreement acknowledges that he or she is duly authorized to enter into a binding contract and
accepts the terms and conditions set forth in this agreement. This Agreement supersedes all past agreements and
will apply to subsequent orders both written and oral.
FOR THE CITY: FOR CNG:
By City Manager Name/P 14irly k;:4/1TZ
Title: 10 1 ES4 t t)r
Attest:
Iii044i4/06446Z
City Clerk
Product and Services Purchase Agreement Revision V
ATTACHMENT A
tiff Converging Networks Group Quote
Phone: (815)929-9850
Fax: (815)929-9882 No.: 154339
143 North Schuyler Avenue Date: 6/11/2015
Kankakee,IL 60901
Prepared for: Prepared by: Gerald E. Kuntz
Account No.: 13812
City of Elgin Phone: (847)931-5642
150 Dexter Court
Elgin,IL 60120 U.S.A.
Quantity Description UOM Sell Total
*******X670-G2 Switch Upgrade Components******
6 Summit X670-G2-48x-4q-Base-Unit EA $19,320.00 $115,920.00
18 Summit X670 fan module FB EA $495.00 $8,910.00
0
12 Summit 550W AC PSU FB EA $595.00 $7,140.00
550W AC Power Supply module for Summit switches,Back-to-Front airflow
12 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 EA $15.00 $180.00
0
6 Summit X670 Series Core License EA $5,995.00 $35,970.00
0
6 Summit X670 Optics Lic EA $1,895.00 $11,370.00
Item Total: $179,490.00
Your Price: $82,500.00
Total: $82,500.00
Prices are firm until 6/26/2016 Terms: Net 10
Prepared by:Gerald E. Kuntz,jerry.kuntz @consultcng.com Date: 6/11/2015
Investment Relects Replacement of(5) Existing Core Switches and Spare to(5) New X460-G2 Models and(1) Spare Unit.
No Implementation Activities of Costs Are Included in this Quotation. No Maintenance is Induded inThls Quotation - Price
Separately. Current Maintenance Plans to be Adjusted and Properly Prorated with Replacement of Core Switches to
X670-G2. First Year Maintenance for X670-G2's Not Built into this Quotation-Quoted Separately. An Additional Estimated
4% Off List Pricing is Provided as Trade-in for(5)Existing Summit X650-24X Swithces. A Certificate of Destruciton Must
Be Provided by City of Elgin Upon Taking X670 Swithces Out of Production. Existing X650-24X Maintenance Agreements
End on October 31, 2016.
Accepted by: Date:
Disclaimer
This price quote is governed by CNG's terms and conditions listed in the Product and Service Purchase Agreement including all warranty
exclusions,disclaimers and limitations of liability. Quote may not reflect applicable state or local taxes;client will be responsible for all
such taxes at the time of invoice. Acceptance of this quote acknowledges that he or she is duly authorized to enter into a binding
contract and accepts the terms and conditions set forth In the Product and Service Purchase Agreement(Revision V). These terms will
also apply to subsequent orders,oral or written.
Notes:
-Work to be performed during normal work hours(M-F 8-5)unless after-hours implementation is specified.
-All programming information must be provided to CNG 2-weeks prior to scheduled installation date.
quote-standard.rpt Printed:4/27/2016 1:30:24PM Page 1
ATTACHMENT A
Quote
No.: 154339
Date: 6/11/2015
-CNG will at no charge make setup changes remotely for a period of 90-days after installation; onsite changes will be subject to billing.
-Internet access and PC required for remote support and maintenance on applicable equipment.
Quote does not include any cabling or wiring that needs to be added,repaired,replaced,or moved unless specifically included.
* Disclaimer:customer must have a network assessment performed if IP telephones or IP trunking will be implemented. If a network
assessment is not performed,or the customer is utilizing the World Wide Web for IP telephony,Converging Networks Group,Inc. Cannot
guarantee the quality of voice communication and may charge additional fees if we assist in identifying any issues.
quote standard.rpt Printed:+(27/2016 1:30:21PM Page 2
ATTACHMENT A
Converging Networks Group Quote
Phone: (815)929-9850
Fax: (815)929-9882 No.: 154868
i' 143 North Schuyler Avenue Date: 4/27/2016
Kankakee,IL 60901
Prepared for: Prepared by: Gerald E. Kuntz
Account No.: 13812
City of Elgin Phone: (847)931-5642
150 Dexter Court
Elgin, IL 60120 U.S.A.
Quantity Description UOM Sell Total .
1 Extreme Networks Professional Services-5-Pack Service Units EA $12,500.00 $12,500.00
0
1.00 CNG-Project Coordination,Process Trade-in,Shipping,Final 11R $1,500.00 $1,500.00
Registration
Your Price: $14,000.00
Total: $14,000.00
Prices are firm until 5/27/2016 Terms: Net 10
Prepared by: Gerald E. Kuntz,jerry.kuntz @consuitcng.com Date: 4/27/2016
Extreme Networks Professional Services for CORE Network Implementation and Conversion. Includes Miscellaneous
Travel, Shipping,CNG Vendor Coordination, Return of(6) X650-24X Trade-in Switches and Final Registration of All
Products.
Accepted by: Date:
Disclaimer
This price quote is governed by CNG's terms and conditions listed in the Product and Service Purchase Agreement including all warranty
exclusions,disclaimers and limitations of liability. Quote may not reflect applicable state or local taxes;client will be responsible for all
such taxes at the time of invoice. Acceptance of this quote acknowledges that he or she is duly authorized to enter into a binding
contract and accepts the terms and conditions set forth in the Product and Service Purchase Agreement(Revision V). These terms will
also apply to subsequent orders,oral or written.
Notes:
-Work to be performed during normal work hours(M-F 8-5)unless after-hours implementation is specified.
-All programming information must be provided to CNG 2-weeks prior to scheduled installation date.
-CNG will at no charge make setup changes remotely for a period of 90-days after installation;onsite changes will be subject to billing.
-Internet access and PC required for remote support and maintenance on applicable equipment.
-Quote does not include any cabling or wiring that needs to be added, repaired, replaced,or moved unless specifically included.
*Disclaimer:customer must have a network assessment performed if IP telephones or IP trunking will be implemented. If a network
assessment is not performed,or the customer is utilizing the World Wide Web for IP telephony,Converging Networks Group,Inc,Cannot
guarantee the quality of voice communication and may charge additional fees if we assist in identifying any issues.
quote-standard.rpt Printed:4/27/2016 3:15:38PM Page 1
ATTACHMENT A
Converging Networks Group,inc.
April 27,2016
Statement of Work:
Phase l Core Upgrade Design:
Provisioning,testing and training on core switches:
1. Upgrade and provision all new X670-G2 switches to latest version
2. Provision all five X670-G2 switches supporting new design
3. Connect X670-G2 switches to existing network for validation testing
4. Failover testing and provisioning training(EAPS, MLAG,VRRP)
Phase 2 Edge Switch Cutover:
Each edge switch cutover should take no more than one day per site depending on required
maintenance windows.
1. A minor provisioning change is required per edge switch that supports LAG
(LACP)configuration
641 West Lake Street 143 North Schuyler Avenue
Suite 102 Suite 200
Chicago,IL 60661 Kankakee,IL 60901
(773)539-7900 www.consultcng.com (815)929-9850
ATTACHMENT A
_0
,f, N......
Converging Networks Group, Inc.
2. Validate first edge site cutover for one full day of operations prior to moving
forward on other edge site cutovers.
Phase 2 Fallback Plan:
1. While on site,if any unforeseen issues occur during the full day of operation that
can't be resolved within a reasonable time frame, we will have the ability to fall back
to the existing design.
Caveat: Remote edge switches can be cutover by City of Elgin personnel, a Professional Service
allotment and combination of 5 Extreme Service Units is priced below,which can consist of five
units of either one 8 hour on-site days(1 unit)or 16 hours of remote support days(1 unit).
Additional Professional Service Units can be purchased for an additional $2,500.00 per on-site
days or 16-hours of remote support.
Upgrade Pricing components:
Quote 154339: X670-G2 Hardware and Software
X670-G2 Switch Hardware and Software Upgrade Components $179,490.00
Less CNG/Extreme Networks-Discount at 50%of List Price -$ 89,745.00
Less Additional Trade-in of(5)X650-24X-Discount at 4.04% -$ 7,245.00
Extreme Networks Discount Authorization#DA-1313721457-2
Net Hardware and Software Pricing Excluding Installation $ 82,500.00
Quote 154868: Extreme Networks Professional Services
Professional Services On-Site Implementation Estimate $ 14,000.00
On-Site Technical Engineering Support for Setup—5 Units Provided
Each Unit Equals One On-Site Days or Two Remote Work Days
CNG PM,Return of Trade-in Switches, Shipping,Final Registration Included
641 West Lake Street 143 North Schuyler Avenue
Suite 102 Suite 200
Chicago,IL 60661 Kankakee,IL 60901
(773)539-7900 www.consultcng.com (815)929-9850
ATTACHMENT B
Converging Networks Group Quote
Phone:(815)929-9850
Fax:(815)929-9882 NO.: 154$67
143 North Schuyler Avenue pate: 4/27/2016
Kankakee,A 60901
Prepared for: Prepared by: Gerald E.Kuntz
Account No.:13812
City of Elgin Phone: (847)931-5642
150 Dexter Court
Elgin,IL 60120 U.S.A.
Quaritity Diesuiption UOM
'twit Total
6 BdremeWorks Next Business Day X670-G2 Summit 48 Port EA $1,490.00 $8,910.00
Core Switch-TAC and OS
5 ExtremeWorks CORE X670-G2 SW and TAC EA $350.00 $1,750.00
Your Pricer $10,690.00
Trial: SINIIN=IffliNII=MMENE
$10,690.00
Prices are firm until 5/27/2016 Terms: Net 10
Prepared by:Gerald E. Kuntz,jerry.kuntz @consuitcng.com Date: 4/27/2016
ExtremeWorks Contract Starts Upon Installation and Registration of X670-G2 Core Switches. Existing X650-24X Coverage
Paid Through October 31,2016. Existing Network Management System Coverage Paid Through April 9,2017. Both
Agreements to be Tured Up at later Date for Same Annual Expiration Dates.
Accepted by: Date:
Diedaimer
This price quote is governed by CNG's terms and conditions listed In the Product and Service Purchase Agreement lndudtng all warranty
exclusions,disclaimers and limitations of liability. Quote may not reflect applicable state or local taxes;client Ml be responsible for all
such taxes at the time of invoice. Acceptance of this quote acknowledges that he or she is duly authorized to enter Into a binding
contract and accepts the terms and conditions set forth in the Product and Service Purchase Agreement(Revision V). These terms will
also apply to subsequent orders,oral or written.
Notes:
-Work to be performed during normal work hours(M-F 8-5)unless alter-hours implementation Is specified.
-All programming Information must be provided to CNG 2-weeks prior to scheduled installation date.
-CNG will at no charge make setup changes remotely for a period of 90-days after installation;suite changes wit be subject to biting.
-Internet access and PC required for remote support and maintenance on applicable equipment.
-Quote does not include any cabling or wiring that needs to be added,repaired,replaced,or moved unless specifically included.
*Disclaimer:customer must have a network assessment performed If IP telephones or IP trunking will be Implemented. If a network
assessment is not performed,or the customer is utilizing the World Wide Web for IP telephony,Converging Networks Group,Inc.Cannot
guarantee the quality of voice communication and may charge additional fees if we assist In identifying any issues.
Quote-standard.rpt Printed:4/27/2016 3:28:03PM Page 1