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HomeMy WebLinkAbout2012-125 IT - MXN for Installing Wireless NetworkNORTH CAROLINA �2a 4'? - i0? I5 2" T [Departmental Use Only] TITLE WWI network overhaul FY 2012 SERVICES AGREEMENT UNDER $90,000.00 ORANGE COUNTY RFP — NO REIMBURSABLE EXPENSES This Services Agreement (hereinafter "Agreement "), made and entered into this 8th day of May , 2012, ( "Effective Date ") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County ") and MXN Corporation, a Georgia Corporation, (hereinafter, the 'Provider "). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement ( "Agreement ") is for professional services to be rendered by Provider to County with respect to (insert type of project): As described in Attachment A. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the Revised 5/15/2012 1 performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. The Provider shall perform as Basic Services the work and services described herein and as specified in the Provider's proposal, which is fully incorporated and integrated herein by reference as Attachment A. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, Provider's Proposal together with attachments. 4. Duration of Services a. Term. The term of this Agreement shall be two weeks from the contract commencement date. b. Scheduling of Services Revised 5/15/2012 2 i) The Provider shall schedule and perform his activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be May 28, 2012. 5. Compensation Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services is Forty One Thousand Five Hundred and Fifty Eight Dollars ($41,558), as provided in Attachment B. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of the disputed amount until the parties resolve the dispute. Payment for Basic Services shall become due and payable within 30 days of receipt of an invoice by the Provider. b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated the (Chief Information Officer) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. The Provider shall purchase and maintain and shall cause each of his subcontractors to purchase and maintain, during the period of performance of this Agreement: i) Worker's Compensation Insurance for protection from claims under workers' or workmen's compensation acts; ii) Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Provider's employees or any other person and to real and personal property including loss of use resulting thereof; Revised 5/15/2012 3 iii) Comprehensive Automobile Liability Insurance, including hired and non -owned vehicles, if any, covering personal injury or death, and property damage; and iv) Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider or his agents, Providers and employees. b. Insurance Rating. The minimum insurance rating for any company insuring the Provider shall be Best's A. If the Provider does not meet the insurance requirements the County's Risk Manager must be consulted prior to finalizing this Agreement. C. Limits of Coverage. Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A - Statutory State of N.C. Coverage B - Employers Liability $500,000 each accident and policy limit and disease each employee • Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. • Automobile Liability Combined Single Limit $500,000 • Professional Liability NOT APPLICABLE d. Additional Insured. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides the County with not less than thirty (30) days prior written notice of any cancellation, non - renewal or reduction of coverage. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider Revised 5115/2012 4 shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated by either party upon seven (7) days prior written. b. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. C. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. Revised 5/15/2012 5 e. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. f. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. g. Non - Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. h. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention: Todd Jones P.O. Box 8181 Hillsborough, NC 27278 Revised 5/15/2012 Provider's Name and Address: MXN Corporation Attention: Bob Patrick PMB 306 1025 Rose Creek Dr., #620 Woodstock, GA 30189 [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: MXN Corporatio eorgiq Corporation LM President This instrument has been approved as to technical content. L 7 Todd E. Jones, Department Director �1_ . This instrument has been pre - audited in the manner required by the Local Government Budget and F'scal Control Act. Office of the Finance Director This instrument has been approved as to form and legal sufficiency. 11 2�::� Offi of the County Attorney ATTACHMENT - A MXN Corporation • PMB 306 • 1025 Rose Creek Drive #620 • Woodstock, GA 30189 • 770.926.1884 • fax 770.926.9448 March 29, 2012 Mr. Jim Northrup IT Operations Manager Orange County Government 132 East King Street Hillsborough, NC 27278 Dear Jim, Here is your short - but - expanded- and - more - formal proposal for the creation of a new wireless network, and for the grafting of that wireless network on your existing Hewlett - Packard wired network. It's also a proposal for the reconfiguration of your existing Hewlett- Packard wireless network to support a guest wired VLAN companion to the guest VLAN that we'll configure on your new wireless network. Wireless Network Proposal. We propose to provide and install a Hewlett- Packard wireless network. This makes sense, as the two types of networks then integrate nicely and can work together with your existing management software, and with any additional software (SNAC, IDM, NIM, etc.) that you might consider in the future to further protect your network. We propose to provide, install and configure one or two MSM765zl modules in your existing 5412zl core switch. One of these modules can control as many as 200 wireless access points, or several times your probable eventual wireless capacity. We propose a useful upgrade to two modules because the second one gives you redundancy. This is something that you ought to undertake. We provide three years' manufacturer support for these modules. This support is 9x5 technical support by phone or email, and software updates. This is all of the support that you need to undertake —the modules themselves come with the same lifetime hardware warranty as your 5412zl switch, since they are in fact from the hardware point of view, merely more modules in that switch. This support also covers any additional access point licenses that you might purchase over the 40 that come with the module. So, you're set with this modest support cost. We also provide ten additional access point licenses, to give you a total of fifty licenses. Then we propose fifty MSM430 dual- radio, dual- stream wireless access points as your wireless edge. One of the radios in each access point will be placed in the 2.4GHz band to accommodate legacy devices and one radio will be placed in the 5 GHz band to accommodate higher- capacity wireless devices that have 802.11a or 802.11n capability. You were given a choice of the MSM430 and the MSM460 wireless access points, and you chose the former because your wireless service needs are pretty modest, and you really don't need the extra capacity of a three - stream access point. That's good news — you wind up with a more durable (lower- rated) CPU that's less likely to heat up and melt down. Those dual -core CPU's —no matter which manufacturer wraps plastic around them to make an access point —are so powerful that they tend to be fragile. You can treat the MSM430 with a little less respect. And that's it: one or (better) two switch modules with support, one 10 -pack of access point licenses, and fifty wireless access points. We have proposed a total of five days' implementation assistance. Two of those days will be devoted to the following tasks, which are our standard Hewlett- Packard wireless implementation tasks: MXN will provide the following services: • Unbox and rack mount the wireless controller or install it in an HP Networking Chassis switch • Register and license the controller on the HP website with the customer's account and then apply those licenses to the wireless controller • Upgrade the controller to preferred firmware level • Discover all access points via broadcast if layer 2 - - -or layer 3 (either by DNS or DHCP option 43) • Name a subset of access points in the controller by location • Create a subset of access point management groups for each building or location • Bind "VSC" or SSID's to access point groups as needed • Create up to four SSID's for different access security methods • Set up encryption for the four SSID's if needed • Set up DHCP scopes for access controlled SSID's (customer will be responsible for DHCP when doing local drop off) • Enable the internet port and configure it for routing the Guest egress traffic I.1 • Create a open Guest /Public SSID that will be encrypted and tunneled back to the controller with no access to any internal resources • Rate limit the Guest network to desired level for inbound and outbound traffic • Create a Guest account locally on the controller or install Guest account management software on a separate customer supplied computer if purchased • Back up the controller configuration • Perform hands on operational training on the installed product for up to three people The following are our standard project assumptions for the installation of a Hewlett - Packard wireless network: Wireless project assumptions: • All work will be performed during normal business hours • The customer is knowledgeable about their network and is readily able to answer questions that relate to routing, DNS, firewall and DHCP services. • The customer will have a technical person available to answer any questions that we might have during the installation • All or at least a subset of access points will be mounted and powered up prior to an MXN engineer arriving on -site • If using layer 3 discovery for the access points (across VLAN's) that a DNS A record be created in DNS and /or DHCP option 43 be created in the scopes that the access points are in • All serial numbers from the mounted access points have been recorded and a location associated with it • DHCP is enabled on any VLAN's that we will drop a wireless client in We add a few additional assumptions for this installation: • You will have a local wiring contractor install the fifty MSM430 wireless access points in locations that we indicate, and they will use at least Category 5e cabling to connect those access points back to the POE switches in each location • You or your contractor will also provide all necessary copper and fiber jumpers • You have sufficient POE ports on your Hewlett- Packard switches to power these access points • You don't have RADIUS set up and working, and we don't want to impose the management of another system on you Let's chat about this last item. We can keep security simple, or make it more complicated. Our natural inclination if for the former, and this project assumes it. You want guest wireless and guest wired access. The simplest way to achieve this is to publish a guest wireless SSID that needs no login and has no key, and that gets funneled 3 right off your network with limits on how much bandwidth guests can gobble up. And then to identify specific wired ports —in those common areas where guests might be found —the library and conference rooms and lobbies, perhaps —and pin those to the Internet with rate limits, as well. Employees who want inside access on the wireless would get an encrypted key to use to access the internal wireless that would go in different directions, with different privileges. Employees who want wired access would attach to an employee port and also go in different directions. You could also have access points that served exclusively public areas —like that library —to only broadcast the guest SSID. Off security, now. We recommend that all wireless access points be installed with a fifteen -foot service loop to enable later minor relocations to compensate for building changes that change the RF propagation. I covered this earlier, but in lieu of an expensive and time - consuming RF survey that won't survive the movement of the first metal filing cabinet we just do a map spot to determine the access point locations, and remedy small inconsistencies by configuring tweaks in the wireless management system. If this doesn't work we then relocate the access point in question, using some of that service loop. In some cases it may require the addition of an access point, but these relatively major corrections are rare. The majority of your local POE switches are 2610's, which are only 10/100 BASE -T switches. So in many cases you'll be connecting your access points to 100 MBPS copper ports. This is very permissible, although it doesn't take advantage of the full capacity of the wireless access point, which has a theoretical maximum aggregate data rate of 600 MBPS (two 150 MBPS streams from each of two radios). We do think that as long as you experience the limited amount of wireless traffic you had been seeing this will work well. If capacity does become a problem in any area, you can later invest in selective switch upgrades to gigabit copper. This covers the wireless implementation. On to the rest of the proposed work..... Network Configuration Proposal. The other three days' onsite work will be devoted to a general configuration check of your existing wired network, and a selective re- working of that configuration. The goal here is to improve the function of your wired network, simplify configurations where possible (simpler is better —the networking bible says so), and to implement a guest VLAN on the wired network as well. This will allow a guest to attach to that guest wired port that only goes to the Internet. K! Part of this network improvement will be the taking of all gateway devices off of the existing ASA and placing them on the 5412zl core switch. This will help improve the function of your internal networks, and it will also have the benefits of unburdening the ASA, giving that box some 'legs' that will help it last longer in your environment. We make the following assumptions about the work done in these additional three days: • That you have Cisco support for your ASA, so that if we need to we can call Cisco support on your behalf (we select this in lieu of having your local Cisco contractor on call for us —no sense in spending that money —we'll just use your existing and paid -for Cisco support) • That you already have a DNS and DHCP server, or can devote the server resources to support one • Your wide area network connects your sites in a star configuration, where all of the circuits terminate in your core 542zl switch • We don't provide or install any additional network equipment —all improvements here are done in the software of the existing network devices We view three days' labor as the outside time needed for whatever configuration changes are needed on your network. You're fond of it and proud of it, of course, but this is not a large and complex network. If we run out of work before we run out of time you have the choice of sending us away and paying proportionately less implementation costs, or finding us something else network - related but not proposal - related to help you with. If on the other hand we run out of time first, we will provide the additional labor to satisfy these proposed tasks without charging you for it. You (or any other MXN customer) don't get to pay for our mistakes. Company policy. Proposed Costs. Please refer to the enclosed MXN quotation form for a listing of the proposed costs. I think that this covers the waterfront, as they might say in places a little to the east of Hillsborough. Please let me know if you have any questions, and I'll go and get answers. Correct answers, too. Very Truly Yours, w r Bob Patrick 5 ATTACHMENT - B 'I f P M 8306 1025 Rose Creek Dr., #620 Woodstock, GA 30189 770 - 926 -1884 www.mxncorp.com darnett@mxncorp.com Bill To Orange County North Carolina PO Box 8181 Hillsborough NC 27278 Quote Date Quote # 3/29/2012 QT93779 Expires 4/28/2012 Project email darnett @mxncorp.com Remit To MXN Corporation P.O. Box 198847 Atlanta, GA 30384 -8847 MOM 99370A 1 HP MSM765zl Mobility Controller 4,129.41 4,129.41 UQ617E 1 HP 3y Carepack 9x5 HP MSM765 MC SW 2,089.00 2,089.00 Support J9697A 1 HP MSM720/760/765 Additional 10 AP Lic 500.91 500.91 Installation 1 Installation- Five Days Configuration and Training 8,000.00 8,000.00 J9650A 50 HP E- MSM430 Dual Radio 802.11 n AP (3 x 2 412.41 20,620.50 MIMO, 300 MBPS, 2 spatial streams, six internal antennae) Items below are optional: J9370A 1 HP MSM765zl Mobility Controller 4,129.41 4,129.41 UQ617E 1 HP 3y Carepack 9x5 HP MSM765 MC SW 2,089.00 2,089.00 Support This quote assumes Orange County will install all AP's. MXN assumes all routing changes will be made on the 5412 core switch and the metro ethernet WAN is a star configuration. Also, that no additional hardware will need to be provided or installed. `S t Effective 1/1/12, a 2% fee will be added to all orders paid with a credit card. Total $41,558.23 a01d - 4s- ORANGE COUNTY — CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: MXN Corporation Party/Vendor Contact Person: Bob Patrick Contact Phone: Party/Vendor Address: PMB 306 1025 Rose Creeck Dr. #620 City Woodstock State: GA Zip: 30189 Department: Amount: $41,558.23 Purpose: Install Wireless Network Budget Code(s): 61370035 897119 30007 Vendor # NA (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑ No® Agenda Date: Title of Contract: If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes❑ No❑. If submitted for bid were bids/RFPs received Yes❑ No[] Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: ____� Department Director's Signature: Date: ,� • 20T-21 IT Director (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature- Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; OR No Insurance Required Q Hold Contract pending receipt of Certificate of Insurance El. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature:, LQJ Date: CJ l 3 Z Financial Services This Contract is condition d upon appropriation by the Board of Commissioners Yes❑No� A budget amendment is necessary before approval Yes❑ No�. If budget amendment is necessary, please attach to this form. This instrument has been pre- audited in the manner required by the Local Government Bud t /�d Fiscal Control Act. Financial Services Director's Signature: UiL�, / %� Date: (Z- County Attorney Approval by Board ❑ (Contracts $90,000.00 o more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approval by Manager Most other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has been revie A and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: County Manager This contract has been reviewed and is approved by the County Manager YesENo❑. This contract has been reviewed and is for signat re by toe Chair Yes❑Ne� Manager's Signature: Date: Clerk to the Board Approved by BOCC on the _ day of , 20 . Submitted for Chair signature on the _ day of , 20 Clerk's Signature: Revised March 2012 Date: