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HomeMy WebLinkAboutIT11-288 - Original - Allied Telesis, Inc. - Purchase of Network Equipment - 12/20/2011 Records Mi jnagernen KENO W ASHINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Vendor Number: 3a8[o-1 O 7D Edwards Number rJ b Contract Number: Z / / �� e O This is assigned by City Clerk's Office f Project Name: PurcE,aSa Mir ��Q�►il ee-[� �� nc�� Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract l Other: Graocks a c, A Baru-%ea5 9kQre J2 ran T Contract Effective Date: �aal ► t Termination Date: its i 10 Contract Renewal Notice (Days): n Iq Number of days required notice for termination or renewal or amendment t Contract Manager: l� -' T epartment: Detail: (i.e. address, location, parcel number, tax id, etc.): OD c D A S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Allied Telesis, Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Allied Telesis, Inc organized under the laws of the State of Washington, located and doing business at 3200 North First Street, San Jose, CA 95134, 408- 519-8700, and Mark Thomason] (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Please Reference Attached Quote # OPP-000034777 Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services January 15`h, 2012 III. COMPENSATION. The City shall pay the Vendor an amount not to exceed (Please Refernce Attached Quote # OPP-000034777 with a product and services total of $134,318.89), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: I GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Please refernce payment terms on Quote # OPP-000034777. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following a information: 1. The date of the Vendor's claim; i 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, Indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. t The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit Not Applicable attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000,00, including WEST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By By: (signature) Z (signature) Print Name: JrPri N uzette Cooke Its op it It Mayor Gt/e) DATE: DATE: lZ G NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Mark Thomason Allied Telesis City of Kent 3200 N First St. San Jose, CA 95134 220 Fourth Avenue South Kent, WA 98032 408-221-8788 (telephone) (253) (telephone) 408-519-8653 (facsimile) (253) (facsimile) APPROVED AS TO FORM: Ke t Law Department (In the field,you m y enter the electronic filepath where the wntrect has been eaved) t k s GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) .ti DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this _ ..z — da f �� �� _ , 20// By: G% %C 1 For: Title: 0'®� Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 L CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. t EEO COMPLIANCE DOCUMENTS - 2 of 3 I? i t, CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. 5 Dated this day of , 20 By: For: Title: Date: i f t ( i a EEO COMPLIANCE DOCUMENTS - 3 of 3 s►Ti Allied Telesis'" ALLIED TELESIS PRICE QUOTE Allied Telesis 3200 North First Street EIN/IRS Tax ID 77.0165055 San Jose,CA 95134 USA Main Office Number 408-519-8700 OPP-ID OPP-000034777 Created Date 11130/2011 Expiration Date 12/30I2011 Prepared By Sean Murphy Phone +1 408 5198719 t E-mail sean_murphy@alliedtelesis com Fax +1 408 5198653 Bill To Name City of Kent Ship To Name City of Kent Bill To 220 Fourth Avenue South WA 98032 United States i Additional Information Approval Notes Quote approved Payment terms Net 30 days(upon credit approval)unless defined differently in a separate contract r n r { f fi Allied Telesis-www alhedtelesis com IJ �� Allied Telesis` T AT-9000/28-10 I PRODUCT 28port 10/100/1000Base-T plus 4 active SFP slots(unpopulated) I 8 00 300 USD � 1 75 00 2,274 00 AT-9000152-10 PRODUCT 48port 10/100/10008ase-T plus 4 active 10/100110001 /SFP combo USD 1 8.00, USD (slots(unpopulated)EcoSwitch 1,333.001 10,664.00 I AT-NSP-PCover-POI SERVICE i 1 Year Product Support Port Based Pricing 11,13324 1.00 11,13324 USD I USD AT-PWR05-10 PRODUCT AC Power Supply Unit for SwitchBlade 56700 2.00 1,13400 i AT-PWRB00-10 PRODUCT 800W POWER SUPPLY,US,LF 594 D 11.00 6,534 D 8 Slot Advanced Layer 3+Modular IPv4/IPv6 Switch,Power supplies USD AT-SBx908-00 PRODUCT ordered separately,pre loaded with Alliedware+,fan modules are USDI 1.00 14,939 00 i 4,939 00 included I AT-SP10LR PRODUCT 10GIG SFP+LR,LF USD 12 00 USD 1,24470 14,936 40 AT-STACKXG-00 (PRODUCT Stack Module for AT-9448Ts/XP include one AT-STACKXG/0 5-00 USD 1 3.00 USD cable I 297.00 89100 AT-XEM-2XP PRODUCT 2 x 10 Gigabit XFP D USD 2,716001 6 001 16,296 00 USD' USD d AT-XPLR :PRODUCT 10km 1310nm 10G Base-LR XFP 1,196 00 9A01 10,764 00 AT-x610-4BTs/X-POE+j PRODUCT 48P,GE,POE+,L3 SW,LF 3,90000 11.00 42,90000 Grand Total USD 122,465.64 Standard Terms&Conditions Definitions of Terms 1. FOB origin via Allied Telesis'specified camer,prepay and add 2 This quotation is provided for information purposes only and shall not be construed as an offer to sell and is subject to change without notice All orders are subject to acceptance by Allied Telesis All prices are subject to all applicable state and/or local taxes Terms are subject to credit department approval 3 Customer agrees to follow,all export regulations of USA Nuclear,biological or chemical weapon use is prohibited,diversion of Allied Telesis product contrary to the U S law, is prohibited 4 Allied Telesis offers a flexible set of services and support programs that can be tailored to meet the needs of a wide range of customers who wish to take additional precautions to safeguard the integrity of networked data,ensure network up time,and maximize end-user productivity while protecting their original investment well into the future These Service Programs provide comprehensive coverage for your purchase,including advanced hardware replacement and access to no charge telephone support Net Cover@ Program •Available in ONE and THREE year options •Toll Free Phone Support(8x5 and 24x7 options) •Advance Product Replacement RMA(m the contiguous US) •No Charge Software Upgrades with Proactive Change Notification •No Charge Basic Configuration Assessment •Advanced Knowledgebase Access Please visit http i/www alliedtelesis com/support/netoover for more information Professional Services Program(pricing based upon scope of work) Network Engineering and Design Services Allied Telesis-www alliedtelesis com r TM .AArAd Allied Telesis •Consulting •Technical Specifications and Documentation •Protect Planning Implementation Services •Physical Installation and Logical Configuration •Testing and Documentation Assessment Services • Infrastructure Design Review •Recommendations for Performance and Optimization a Quality of Service Concepts and Implementation Remote Monitoring •24x7 Monitoring of your network • Proactive Network Support • Health Checks and Performance Reporting on Network Please visit http 11www alliedtelesis comiservices for more information Training Program •Technical Certification(Enterprise and Samoa Provider options) °Sales Certification Fundamental Solution Training • Provided in Multiple Locations Around the Country Please visit http 11www alliedtelesis comisupportltrammg for more information z T i t 1 Allied Telesis-www alliedtelesis com Information Technology Mike Carrington Information Technology Director T Phone: 253-856-4607 KEN Fax: 253-856-4700 W A 5 H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: 11/30/2011 TO: Suzette Cooke, Mayor FROM: Mike Carrington, IT Director CC: John Hodgson, CAO Tom Brubaker, City Attorney RE: Exception Selection — Allied Telesis Network Equipment SUMMARY The Information Technology Department is requesting the Mayor's authorization to sole source supply network switching and 'other closely integrated network equipment through the duration of the network end-of- life replacement project. RATIONALE The IT Department has secured aggressive and deep pricing discounts from Allied Telesis in support of replacing end-of-life network equipment. In many instances those discounts equate to 40% - 69% off of list price. IT estimates the city will save several hundred thousand dollars because of this sole source approach that is in the city's best interest. DETAIL I am petitioning you for a vendor exception selection of Allied Telesis Inc. Memorandum Page 1 of 2 Exception Selection - Allied Telesis Network Equipment Memorandum: December 6,2011 Page 2 under the city's Goods & Services procurement policy. My rationale is as follows: 1) It's in the City's Best Interest and will save several hundred thousand dollars: We've negotiated Network Service Provider (NSP) direct pricing with ATI, Inc. that will enable a 40% - 69% discount off MSRP of ATI network equipment if we do not involve a VAR (Value Added Reseller). ATI does not, and would have no incentive to, offer this deep discount pricing if we were to engage in anything but direct negotiations. 2) This situation represents a Sole Source scenario: I contend that sole sourcing is the prudent approach to supporting our cost saving network life cycle strategy. As such, we've been undergoing proof of concept testing on two of ATI's leading technologies - 10G1g EPSR (Ethernet Protection Switching Rings) with POE (Power of Ethernet) integration. None of the other vendors in this space provide this particular solution set at a remotely comparable price point. You move into a completely different level of carrier grade alternatives if you look to other solutions/vendors. In leveraging an ATI deployment we estimate we will save hundreds of thousands dollars over a traditional "Cisco" and "dedicated power" solution. All while establishing equipment that is more flexible, easier to configure, and sets the table for future demands and expansion. This approach has been vetted by Tom Brubaker, City Attorney and I'm proud to say that with your support we will have created an enormous financial windfall for the city. If you are in agreement with our rational, your permission to proceed and support is requested by signature below. R1?5 ctfully SO- ed, -\ hike Carrington Suzette Cooke /Da e Mayor, City of Kent i �'�� REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII In All Applicable Boxes C M H WASHINGTON I Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: e lr,C Phone (Originator): y(pl p Date Sent k Z I 1`I ( % � Date Required: % Z/ 2 1 ) 1( Return Signed Document to* CONTRACT TERMINATION DATE: VENDOR NAME: DATE OF COUNCIL APPROVAL: ( Z/ 13 /it Brief Explanation of Document: ��\:-�-STct��S�S 1�•.,s k.e.�.. S<s+—e-��--j -1-� pr:.,;;� �-- ��"'��`�J > J� 4�YI� ,'CkS �i All Contracts Must Be Routed Through the Law Department This Atea to he completed Gy the Law Department) Received: RFC,' - �f � Approval of Law Dept.. DEC 19 Z011 Law Dept Comments: P F i b` gT L.RN ��r Date Forwarded to Mayor- Shaded Areas to Be Completed by Administration Staff F Received: PR , Recommendations & Comments: u CITY Y K NT Disposition Date Returned: a lage5870 • 3;"05