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Home My WebLink AboutContract - Network Solutions, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Network Solutions, Inc. 12190 Adams Road P. O. Box 193 Granger, IN 46530-0193 RE: Contract — Network Monitoring To whom it may concern: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on September 13, 2016, approved the above referenced agreement in the amount of $13,464.00. A representative from the City will contact you regarding this agreement. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT DAVID P. RELOs ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU Network Solutions, Inc. 12190 Adams Road P.O. Box 193 Granger, IN 46530-0193 (574)-271-0900 (574)-271-7117 (Fax) Sou-311 Accounts Payable City of South Bend 227 West Jefferson Blvd IT 12th Floor South Bend, IN 46628 (f4NetworkSolutions QUOTATION 00062763 PAGE 1 Of 1 QUOTE DATE 8/11/2016 City of South Bend 227 West Jefferson Blvd IT 12th Floor South Bend, IN 46601 QUOTE DATE FOB REP PAYMENT TERMS . . . ® Net 30 Days LITEM # DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION 1 NSI ProGuard Managed Services EACH 150.00 $89.76 24/7/365 Proactive monitoring and alerting of trouble issues for key services in the day to day operation of the infrastructure. ***Year 1 of 3 year contract*** APPROV;Ef) Board of Public Works Quotes valid for 30 days from quote date QUOTE DOES NOT INCLUDE APPLICABLE TAXES AND DELIVERY CHARGES AND IS SUBJECT TO NETWORK SOLUTIONS, INC. TERMS AND CONDITIONS OF SALE. $13,464.00 TOTAL Cost Negotiation Break Down Company Price/Annually Network Solutions, Inc. $23,000.00 Logic Monitor Direct $22,788.00 Logic Monitor Direct $20,509.00 Logic Monitor Direct $19,370.00 Logic Monitor Direct $16,152.00 Network Solutions, Inc. $15,588.00 Network Solutions, Inc. $13,464.00 Original Quote Original Quote 10% Discount 15% Discount First 6 monts Free Counter offer, 1 yr contract 3 year contract NETWORK SOLUTIONS, INC. TERMS AND CONDITIONS OF SALE 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 per the terms on 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 attorney's fees 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.'s entire 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. Failing 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. MISCELLANEOUS. THE ABOVE TERMS AND CONDITIONS ARE THE ONLY TERMS AND CONDITIONS UPON WHICH NETWORK SOLUTIONS, INC. IS WILLING TO SELL THE EQUIPMENT AND SUPERSEDE ALL PREVIOUS AGREEMENTS, PROMISES OR REPRESENTATIONS, ORAL OR WRITTEN. Indianapolis I Fort Wayne I Chicago taken the prospective Contractor is unable to certify' to any of the statements below, it shall attack an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIIIIINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF.,()pt ) u1r ) SS: COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency-, and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non-Debwmn Affidavit Non Iron Fin the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Nan -Debarment Affidavit Non Iran Foam Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this day of MOib Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this � day of � RIMCkr20 6 My Commission Expires O IY�t_ �� ap 17 , Q, , l x r\"�Ip a'� Notary Public U County of Residence f)cn�r'k �yC h ;,.w��eo�,, rCmpber.ly4i��A{{./ryVBodeil Yl� YCI�9i 2 c+: SEN, rt ry RBJ��aG��l V1 �. JOSfph COIRIty �:,.-` MYCommt+sionE res: 4nU� to/ptiGytl �M/VyV V Von -Collusion Non-Debannent Affidavit Non Iran Form BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/1/2016 Department Information Name Jim Schrader Technology BPW Date 9/13/2016 Phone Extension 6005 Required Prior to Submittal to Board Legal X Attorney Name Michael Schmidt Controller X John Murphy Purchasing X George King Check the Appropriate Item Type — Required for All Submissions X Agreement X Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Required Information Company or Vendor Name Network Solutions Inc. New Vendor ❑ Yes X No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Logic Monitoring Project Number Funding Source Equipment Account No. _Computer 40406724152325 Amount $ 13.464 Terms of Contract Purpose/Description a 3 year contract ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Amount of U Increase ❑ Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑ INTER -OFFICE MEMORANDUM Information Technologies Department 227 W Jefferson Blvd (574) 245-6000 TO: Board of Public Works, Linda Martin CC: Dan O'Connor, Michael Schmidt, George King, John Murphy, Michael Sniadecki FROM: James Schrader SUBJECT: Logic Monitoring System hosted by NSI DATE: 9/1/16 Linda, John, George and Michael, Please see the attached quote to purchase a hosted network monitoring system for three years. The Office of Innovation and Technology team has reviewed the quote and give favorable recommendation as well. Network Solutions, Inc. has offered the most competitive bid for this network monitoring solution at $89.76 per device. We are looking to monitor 150 devices (firewalls, switches, routers, servers plus other critical devices) for a total of $13,464 annually for three (3) years. We were able to test this solution during a free trail with success. Logic Monitor is a cloud -based, efficient monitoring platform that will allow us to swiftly and cost-effectively track the performance health of our IT infrastructure, enabling us to do mitigating actions before issues or concerns become full-blown operational catastrophes. This will give us a snapshot of our infrastructure's overall performance, in-depth reporting, alerts customization, as well as other services that will keep our infrastructure team one step ahead of problems. Thank you James Schrader