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IT Network Eng. Srvs. VILLAGE OF OAK BROOK PROFESSIONAL SERVICES AGREEMENT ii® This AGREEMENT is dated as of the /t3 d y of �' 2022 ("Agreement'), and is by and between the VILLAGE OF OAK BROOK, 1200 Oak Brook Road, Oak Brook, Illinois, 60523 an Illinois municipal corporation ("Village's, and CLIENTFIRST CONSULTING GROUP LLC, 980 Montecito Drive,Suite 209,Corona,CA 92879-1793("Consultant"). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the Village's statutory powers,the parties agree as follows: SECTION 1. SCOPE OF SERVICES. The Village SECTION 3. REPRESENTATIONS OF retains the Consultant to perform, and the Consultant agrees to CONSULTANT. The Consultant represents and certifies that perform, all necessary services to perform the work in the Services shall be performed in accordance with the connection with the project identified below ("Services"), standards of professional practice, care, and diligence which Services the Consultant shall provide pursuant to the practiced by recognized consultants in performing services of terms and conditions of this Agreement: a similar nature in existence at the Time of Performance. The representations and certifications expressed shall be in Information Technology Network Engineering Services, as addition to any other representations and certifications more fully described in the attached proposal dated expressed in this Agreement, or expressed or implied by law, September 30,2022. which are hereby reserved unto the Village. TIME OF PERFORMANCE. The Consultant shall perform The Consultant further represents that it is financially solvent, the Services as mutually agreed upon by the Village and has the necessary financial resources, and is sufficiently Consultant("Time of Performance'). experienced and competent to perform and complete the Services in a manner consistent with the standards of SECTION 2. COMPENSATION. professional practice by recognized consultants providing services of a similar nature. The Consultant shall provide all A. Agreement Amount. The total amount personnel necessary to complete the Services. billed by the Consultant for the Services under this Agreement shall not exceed$12,540.00,including reimbursable expenses, SECTION 4. INDEMNIFICATION; INSURANCE; without the prior express written authorization of the Village LIABILITY. Manager. A. Indemnification. The Consultant proposes B. Agreement Term. The term of this and agrees that the Consultant shall indemnify and save agreement is for calendar year 2022. harmless the Village against all damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, C. Taxes. Benefits, and Royalties. Each or be alleged to have arisen, out of or in connection with the payment by the Village to the Consultant includes all Consultant's performance of, or failure to perform, the applicable federal, state, and Village taxes of every kind and Services or any part thereof, or any failure to meet the nature applicable to the Services as well as all taxes, representations and certifications set forth in Section 4 of this contributions, and premiums for unemployment insurance, old Agreement. age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties, and fees arising from the use B. Insurance. The Consultant acknowledges of, or the incorporation into, the Services, of patented or and agrees that the Consultant shall, and has a duty to, copyrighted equipment, materials, supplies, tools, appliances, maintain adequate insurance, in an amount, and in a form and devices, processes, or inventions. All claim or right to claim from companies, acceptable to the Village, as per Title 1 additional compensation by reason of the payment of any such Chapter 8 of the Village Code. The Consultant's maintenance tax, contribution, premium, costs, royalties, or fees is hereby of adequate insurance shall not be construed in any way as a waived and released by Consultant. limitation on the Consultant's liability for losses or damages under this Agreement. D. Payment of Agreement Amount. Payments shall be made pursuant to the terms of the Local C. No Personal Liability. No elected or Government Prompt Payment At,50 ILCS 505/3 et.seq. appointed official or employee of the Village shall be personally liable,in law or in contract,to the Consultant as the result of the execution of this Agreement. 1 SECTION 5. GENERAL PROVISIONS. are provided,performed,and completed in accordance with all required governmental permits, licenses, or other approvals A. Relationship of the Parties. The and authorizations that may be required in connection with Consultant shall act as an independent contractor in providing providing, performing, and completing the Services, and with and performing the Services. Nothing in, nor done pursuant all applicable statutes, ordinances, rules, and regulations, to, this Agreement shall be construed to: (1) create the including without limitation the Fair Labor Standards Act; any relationship of principal and agent, employer and employee, statutes regarding qualification to do business; any statutes partners, or joint venturers between the Village and prohibiting discrimination because of, or requiring affirmative Consultant; or (2) to create any relationship between the action based on,race,creed,color,national origin, age, sex, or Village and any subcontractor of the Contractor. other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ B. Conflicts of Interest. The Consultant 12101 et seq., and the Illinois Human Rights Act, 775 ILCS represents and certifies that, to the best of its knowledge: (1) 5/1-101 et seq. Consultant shall also comply with all no Village employee or officer or agent is interested in the conditions of any federal, state, or local grant received by the business of the Consultant or this Agreement; (2) as of the Village or Consultant with respect to this Contract or the date of this Agreement, neither the Consultant nor any person Services. Consultant shall be solely liable for any fines or employed or associated with the Consultant has any interest civil penalties that are imposed by any governmental or quasi- that would conflict in any manner or degree with the governmental agency or body that may arise, or be alleged to performance of the obligations under this Agreement; and (3) have arisen, out of or in connection with Consultant's, or its neither the Consultant nor any person employed by or subcontractors, performance of, or failure to perform, the associated with the Consultant shall at any time during the Services or any part thereof. Every provision of law required term of this Agreement obtain or acquire any interest that by law to be inserted into this Contract shall be deemed to be would conflict in any manner or degree with the performance inserted herein. of the obligations under this Agreement. F. Default. If it should appear at any time that C. No Collusion. The Consultant represents the Consultant has failed or refused to prosecute, or has and certifies that the Consultant is not barred from contracting delayed in the prosecution of, the Services with diligence at a with a unit of state or local government as a result of(1) a rate that assures completion of the Services in full compliance delinquency in the payment of any tax administered by the with the requirements of this Agreement, or has otherwise Illinois Department of Revenue unless the Consultant is failed,refused,or delayed to perform or satisfy the Services or contesting, in accordance with the procedures established by any other requirement of this Agreement ("Event of the appropriate revenue act, its liability for the tax or the Default'j, and fails to cure any such Event of Default within amount of the tax, as set forth in Section 11-42.1-1 et seq. of ten business days after the Consultant's receipt of written the Illinois Municipal Code, 65 ILLS 5/11-42.1-1 et seq.; or notice of such Event of Default from the Village, then the (2) a violation of either Section 33E-3 or Section 33E-4 of Village shall have the right, without prejudice to any other Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 remedies provided by law or equity, to (1) terminate this et seq. If at any time it shall be found that the Consultant Agreement without liability for further payment; or (2) has, in procuring this Agreement, colluded with any other withhold from any payment or recover from the Consultant, person,firm,or corporation,then the Consultant shall be liable any and all costs, including attorneys' fees and administrative to the Village for all loss or damage that the Village may expenses, incurred by the Village as the result of any Event of suffer, and this Agreement shall, at the Village's option, be Default by the Consultant or as a result of actions taken by the null and void. Village in response to any Event of Default by the Consultant. D. Termination. Notwithstanding any other G. Assignment. This Agreement may not be provision hereof, the Village may terminate this Agreement at assigned by the Village or by the Consultant without the prior any time upon 30 days prior written notice to the Consultant. written consent of the other party. In the event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and H. Notice. All notices required or permitted to reimbursable expenses actually incurred, if any, prior to be given under this Agreement shall be in writing and shall be termination, not exceeding the value of the Services delivered: (1)personally; (2) by a reputable overnight courier; completed. (3)by certified mail,return receipt requested, and deposited in the U.S. Mail,postage prepaid; or by(4)electronic notice with E. Compliance with Laws and Grants. evidence of delivery. Unless otherwise expressly provided in Consultant shall give all notices, pay all fees, and take all this Agreement, notices shall be deemed received upon the other action that may be necessary to ensure that the Services earlier of: (a) actual receipt; (b) one business day after deposit 2 with an overnight courier as evidenced by a receipt of deposit K. Conflicts; Exhibits. It' any term or or(c) three business days following deposit in the U.S. mail, provision in this Agreement conflicts with any term or as evidenced by a return receipt. Notices and communications provision of an attachment or exhibit to this Agreement, the to the Village shall be addressed to, and delivered at. the terms and provisions of this Agreement shall control. following address: L. Governine Laws. This Agreement and the Village of Oak Brook rights of Owner and Consultant under this Agreement shall be 1200 Oak Brook Road interpreted according to the internal laws, but not the conflict Oak Brook,Illinois 60523 of laws rules, of the State of Illinois; the venue for any legal Attention: Jim Fox,Information action arising in connection with this Agreement shall be in Technology Director the Circuit Court of DuPage County,Illinois. Notices and communications to the Consultant shall be M. No Disclosure of Confidential Information by addressed to.and delivered at.the following address: the Consultant. Confidential information means all material, non-public, business-related information, written or oral, Clientrirst Consulting Group LLC whether or not it is marked that is disclosed or made available 980 Montecito Drive,Suite 209 to the Consultant,directly or indirectly, through any means of Corona,CA 92879-1793 communication or observation. The Consultant acknowledges Attention:Tom Jakobsen.Partner that it shall, in performing the Services for the Village under this Agreement, have access. or be directly or indirectly 1. Waiver. Neither the Village nor the exposed. to Confidential Information. The Consultant shall Consultant shall be under any obligation to exercise any of the hold confidential all Confidential Information and shall not rights granted to them in this Agreement except as it shall disclose or use such Confidential Information without the determine to be in its best interest from time to time. The express prior written consent of the Village. The Consultant failure of the Village or the Consultant to exercise at any time shall use reasonable measures at least as strict as those the any such rights shall not be deemed or construed as a waiver Consultant uses to protect its own confidential information. of that right,nor shall the failure void or affect the Village's or Such measures shall include, without limitation, requiring the Consultant's right to enforce such rights or any other employees and subcontractors of the Consultant to execute a rights. non-disclosure agreement before obtaining access to Confidential Information. J. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm. or corporation shall be made or be valid against the Village. ,. Bv: Charlotte Pruss,Village Clerk Greg Sum,es.Village Manager CLIF.NTFIRST Bv: Bv: Title: Its: 4J 3 EXHIBIT A (Proposal dated September 30,2022) 4 CL/ENTF1RST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE September 30, 2022 Mr. Jim Fox IT Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 RE: Proposal for Network Engineering Assistance Dear Mr. Fox: We would like to thank you for the opportunity to present the Village of Oak Brook with our proposal for network engineering assistance. We have worked with the Village to develop a list of necessary network improvement projects and estimated hours. Our approach and methodology will leverage our knowledge of Village network infrastructure, providing network planning, configuration, and implementation services to enhance Village network manageability and resiliency. ClientFirst project assistance will utilize best practices networking features to ease switch management and improve the ability of the environment to withstand a switch failure. Project Background Project Approach As a part of this engagement, we expect to: • Review and simplify firewall rules • Implement Internet service provider failover for increased redundancy • Integrate Microsoft 365 to Village domain name services • Implement FirstNet virtual private network services • Assist with a planned network outage in June • Assist with potential network outages or slowdowns • And other potential ad hoc projects that are yet to be defined We plan to document network changes and develop procedures as requested. sl Illinois - California - North Carolina - Texas • 800.806.3080 - Fax 888.478.0495 Network Engineering Assistance Work Plan Below is a summary of the hours expected for each planned task: Firewall Policies and Rules Simplification 8 8 DNS Migration and Redundant ISP Failover 8 8 FirstNet VPN 12 12 SCADA Related 4 4 June 19th Support 2 2 Failed Firewall and Wi-Fi Support 18 18 Ad Hoc Projects-Future 16 16 Network Changes and Other Items 8 8 Total Hours 76 76 Rates $165 Consulting Fees $12,540 Expenses N/A Total Fees $12,540 LIENTFIRST TECHNOLOGY CONSULTING d 3 OPTIMAL TECHNOLOGY GUIDANCE Network Engineering Assistance + Project F- - Fees Our professional fees are based on actual time spent to complete the project at our standard rates, plus expenses. We expect to expend a maximum of 92 hours of network engineering consulting time at a rate of$165 per hour for a total not-to-exceed amount of$12,540. The Village will be responsible for procuring all necessary components. Please contact me directly at 847.598.0345 or tjakobsen@clientfirstcg.com if you have any questions regarding our proposal. We look forward to the opportunity to provide continued services to the Village of Oak Brook. Sincerely, Tom Jakkobob n To Senior Partner IT Infrastructure and Support Practice Leader CLIENTFIRST TECHNOLOGY CONSULTING 3 OPTIMAL TECHNOLOGY GUIDANCE