Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 54825
CSC No.54825 PRESID10° Future. Built. Neighborhood WiFi STATEMENT OF WORK CITY OF FORT WORTH 22-Oct-2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX SOOF FORT W #: 10032 00102889 SOW-1 PRESIDIO_ 22-Oct-2020 Future.built. Neighborhood WiFi PROPOSALTEAM Stephanie Barnes Presidio Account Manager Morry Peyton Presidio Solution Architect Richard Morse Presidio Solution Architect REVISION HISTORY Revisiow ate Nam WA& Note���� V0.1 22-Oct-2020 Morry Peyton First Internal Release V0.2 22-Oct-2020 Morry Peyton First Client Release V1.0 22-Oct-2020 Richard Morse Added PFS Scope ©2020 Presidio.All Rights Reserved. This document and its contents are the confidential and proprietary intellectual property of PRESIDIO and may not be duplicated,redistributed or displayed to any third party without the express written consent of PRESIDIO. Other product and company names mentioned herein may be the trademarks of their respective owners. The scope and pricing are valid for 60 days unless otherwise noted. Page 2 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q I O_ 22-Oct-2020 Future.built. Neighborhood WiFi 1. EXECUTIVE OVERVIEW 1.1. Introduction Presidio Networked Solutions Group LLC ("Presidio") is pleased to propose the following solution to the City of Fort Worth ("Client").This Statement of Work("SOW')defines the scope of work to be accomplished by Presidio. The tasks to be performed by Presidio are defined and the responsibilities of Presidio and Client are contained herein as well. 1.2. Solution and Approach Overview The City of Fort Worth has engaged Presidio to design and configure an outdoor wireless solution in four neighborhoods(Rosemont,Ash Crescent, Northside, Stop Six)using a design created and validated during the Systems Engineering and Planning Phase.We will configure the following network equipment on light poles throughout the neighborhoods to provide outdoor wireless network access. • (385) Fluidmesh FM1200 VOLO • (28)Fluidmesh FM3200 VOLO • (385)Cisco Meraki MR86 Access points • (385)Cisco IE 3300 Switches • (8)Cisco Meraki MX250 Security Appliances • (8)Cisco Meraki MS250 Switches The Fluidmesh Networks ("Fluidmesh") FM3200 VOLOs will be deployed to a building or location that can provide line of sight for wireless connectivity to the FM1200 VOLOs.The Cisco Systems("Cisco") Meraki MS250 Switches and Cisco Meraki MX250 Security Appliances will be installed in each neighborhood at the same locations. The Fluidmesh FM3200 VOLOs will have a physical connection to the Cisco Meraki MS250 Switches. This will create a network that will be separate from the City of Fort Worth internal network and have access to dedicated Internet services via the Cisco Meraki MX250 Security Appliances. The above equipment will be staged at the Presidio Staging Facility in Orlando, FL. This will allow the Presidio team to upgrade and preconfigure the equipment as needed before shipping it to a designated location per neighborhood. 1.3. Locations Work will be done at the following locations.All work will be performed remotely unless otherwise specified. AddressSite Name On-Site Primary 1000 THROCKMORTON FORT WORTH TX 76102 Remote and On Site Below are the four neighborhoods that are included in this project: Page 3 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 14_ 22-Oat-2020 Future.built. Neighborhood WiFi Rosemont Neighborhood Improvement Area nOOLANDAVE vi,tD,yFDrest U,,RITT w e INsIDDIsoN ST c NDDnLAND avE - h m $ AI BIDDISON ST E m EBID III ST Victory For t AA1N°"A' Comn�nity vRlFvs _ ,,RIRv€Tenter ,/RwvsT E.FYST m .I RIPY ST TV EIRvIT 4 V - J W BUTLER _ _ _ R IT-Z WE LEI ST m - m m m m n LEMO OF I DIOIG;ON ST ,/DIOKSONIT c EDICKSON ST m - WWAGGougry IT VIDdh Heights N L.AGGoMAN ST ./PIE=o�D ST ./PaEEURD ST IN PArrGKR ST IPAFFGRD ST W PAFFORD ST III B.GG ILL LL - DIE ET D IT NDREAGT 1.v DREII T III r �N wUNEVI ST ./MASON BT WM"ON� MaaON_T PargUe U,idad/IJniry `^ oLT =DOL m IT W BOLTST m - Serri MUEONGT IBDLT..T - Library LL ALT FUNTST FFIGUEON IT FLINT ST r FLINT..T JT LUTHER DR RDsemDnc - _ /grvmavv sT IF m m -EMINARYEl - N KELLIS IT VEIDADHSIT NeROADIA.ST W6ROADJB ST TEORNHILLDR REUDELL IT DEDDELL ST Q Neighbarhoad Improvement Areas -� RI VFbRTH �I MTI Ash Crescent Neighborhood Improvement Area SD MI cDmmUrey CEni HITEST - A/EE III -N RAT e L-NDE-T gvEE 7Glen and Sy-D,.r S e ROBEOA AVEE IRMAo E - Hall-Tan Iy_Triangla 9G yp IRMIST - LIAS 4o M, NOLIA avE �,T - - �S�1Ca o IOI; eammulty A p CLnt4r _ MaRPHYST _ KELLY IT y - Hil sg E MYRTLE IT uv ERTL_ 3 m gvElm D Ea E.—FIG.IKE 4side Community Center E MADOT m F NFE K E ALLEN AVE E-EN qvE s 3 ELM noon.1 LH AVE e6a _ qvE L avE I" F EFFERSONAVE o G O z E SIFHMOND A/F p°o Tlus Paulsel NVEI E BALTn"oRE AVE y _ - G �QUrNNST MI�ET AVE E—INGTGN AVE 3t 2y� ADA AVE m y IARLINGTON rygNGER AVE /'ER4VE ID-I A,I a EL"11 I'll Engi-woad HARVEYST Harvey SRIII FAE/E „T ELL AN.E E ELLg AE MSy 31DEKER qV- E Fa A eIOEKER Av- E JESIAMINE oT E JESQ 4MINE ST JONEB CIF IDENBHA./AVE GRIND—AVE E NA4eD POPE DR Cabb ,H q� HUGH AVE gTZHucH.4vE Ilan Na/E N� z �3aNa Av U MULKE m rj° Wesleyan Hills �'' HANNIscr MB EI"uLKEYST - THANNIBCi AVE �y N AVE DO DIDERTST RE LV NAVE EaLVINRA` - y ERc E bgTON°Vc BIIHUGE BERRY VET ERAN' E"IORNINGSIDE DR IMORNINGS1 E R - e m Z-NAISBANCE DE LOI.. JUDD ST JUDD ST - /E - GLEN MiddleDGARDEN DR MDrr ingsltle Schaal - egNTEr-_ 5ast- - ET—IT [' E L RRAESTATETR .pEs' D4VDEN GT `LO V DEN ST _ IE BAKER IT La.Ery cIR cNAMq OSpT`C app 3P Q Neighbarhoad Improvement Areas - " �R—� H` Page 4 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 14_ 22-Oat-2020 Future.built. Neighborhood WiFi Northside Neighborhood Improvement Area RHdeD sn� AR�seL1D - TI IT - � s Maddcx ITrail Dr—I,P AVEE EExcHANaEAVE N�Lsr 1111— N.aeo,T- - saende� s _ a - Ne..,RD IT h - Eza1D IT i m _ MP5 ry nnN zlsTs Nsz IT AT oHIO HARDEN RD NV)20TH AT NW IITH IT 111111_ y Manne NariPo u-5 J P Narthside Library ndenen�alnpbell opo5s e�' clmle NorthsiLCam E NuRTHSIDEDR muniW ,tit o 3 �9s m 3 n Center RDDkwDDa Gmf course ';a9 may^ y< -g" A, �F k 3 GreslWHad LE, Q �2� �6 PByG 9L 9y Z o "A 9L aP P �005 .7. off Py� _ ag�5 2 ok _ '✓LR a�P 2v N 3 p L'Rr Arneson A. �a HOUR- 0 Neighborhood Improvement Areas Hl VfO&TH. Stop Six Neighborhood Improvement Area JUDY To DALLA..WE cRwc sT 4.cys* VIN5DN IT /INSOV IT qE�Tryr4XF Sag.—I HMIs _ H.—IRE aLVe IU-1HIRE SLVD n - m 15 I—PSHIRE SLVD HAN'IET ST H OH49Sy E AVEG E - - �NS10N 0, 'NIND—E EST NINeD.t MERE ST - 5 RANDE CT Q-01I SEL.N_ST s� w IR m qy a m O_HH �JL=Y`i HART ST ED AVEG nvE r, AEH AVEG RDsedale Plata ti WG AR rHJR pj AiEH nvfn � '-N IT A�ciq AVE II _ _ , NATI IT V~LUMel sl AINWRIDryT OR 4� WE I AVE L, vEJ n S - wlLUE ST RUDD_ ¢ -NHN oR 44EL 'AIILLIE IT VILLIE T? _ �' ALCXA p p - NACED IN 4J A��EM .AVEM .—AID AT a _ Duven ESLCIN sT DUNE.AR ST "M LK CHomr HAIItY"D�fes LLTRUMAN D AVEN w CHAPM.AN IT _ BDH✓ERT IT �AP`FSAVE �` SAL -LET AVE _ Ea6toVer LAF WCKEN?ACKE R.PLo 5 ° uE RD LL LDRIN AVE _ P.AMEY.A/- ittlejehn LITTLETIHN.4VE - M`KAsnLE DR SUNSHINE OR y SUN—NE OR yELUAD 6unche R1 Q 9 Improvement Nei NeighborhoodAreas Page 5 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q I O_ 22-Oct-2020 Future.built. Neighborhood WiFi 2. SCOPE OF WORK 2.1. Project Scope 2.1.1. Project Implementation Prerequisites 2.7.f.f. Order and Delivery of Equipment and Licenses Please reference Presidio Quote#2003220017990 which include Fluidmesh and Cisco products, licenses,and subscriptions. These components must be ordered before the start of this project. 2.f.1.2. City of Fort Worth Responsibilities The following items/tasks are to be provided/performed by City of Fort Worth: • Provide ample bucket trucks and bucket operators to fulfill the agreed upon schedule requirements • Validated that the necessary Cat6 cabling drops per the AP location specifics determined during the survey are in place prior to the start of work • Coordinate with site construction and electrical teams to test Cat6 runs and power(if necessary) • The exterior power outlets per light pole will be installed prior to the start of work • The NEMA enclosures per light pole will be installed prior to the start of work • Provide an Internet circuit per neighborhood o Without this circuit,the new infrastructure being added will have to connect to the City of Fort Worth network 2.1.2. Systems Engineering and Planning Phase Design Topics The Primary function of the System Engineering&Planning phase is to conduct design workshops between Presidio and the Client. During these design workshops,the following elements will be identified, reviewed and/or defined: • Define Implementation timing and project timelines • Review timing of the network hardware installation and mounting • Define Fluidmesh designs and maps for each of the four neighborhoods • Identify and define point to point, point to multipoint or mesh requirements for each neighborhood • Identify and define DHCP requirements for APs and Fluidmesh equipment • Review current Layer-1 connectivity between AP, FM1200, FM3200 and IE switch • Review current Layer-2 switched environment:VLAN,Trunks, Port-Channels,etc. • Review current Layer-3 environment • Define Internet connectivity for each neighborhood 2.f.2.f.staging All equipment being ordered through Presidio will be warehoused and staged at the Presidio Staging Facility in Orlando, FL. 2.f.2.2.Fluidmesh FM1200 and FM3200 VOLO • Perform device inventory of systems ordered • Define implementation and test plans Page 6 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 14_ 22-Oct-2020 Future.built. Neighborhood WiFi • Identify and define latest recommended software and all necessary licensing • Identify and define uplink,trunk and port channeling requirements • Identify and define device Management needs(SSH,AAA,etc.) • Define mesh groups and cluster ID's for each neighborhood • Define mesh point and mesh ends for each neighborhood • Identify and define physical network connection requirements 2.f,2.3. Cisco Meraki MR86 Access Points • Perform device inventory of systems ordered • Define implementation and test plans • Identify and define latest recommended software and all necessary licensing • Identify and define o WLAN profiles o RF profiles 2.1.2.4. Cisco IE 33uu switches • Perform device inventory of systems ordered ■ Define implementation and test plans • Identify and define latest recommended software and all necessary licensing • Identify and define Virtual LANs(VLANs) • Identify and define IP Addressing to be assigned to the corresponding VLANs • Identify and define connection diagram • Identify and define device Management needs(SSH,AAA,etc.) • Identify and define uplink trunk and port channeling requirements 2.1.2.5. Cisco Meraki MX250 Security Appliancev • Perform device inventory of systems ordered • Define implementation and test plans • Identify and define latest recommended software and all necessary licensing • Identify and define IP Addressing to be assigned to the corresponding VLANs • Identify and define uplink trunk and port channeling requirements 2.f.2.6. Cisco Meraki MS250 Switches • Perform device inventory of systems ordered • Define implementation and test plans • Identify and define latest recommended software and all necessary licensing • Identify and define IP Addressing to be assigned to the corresponding VLANs • Identify and define uplink trunk and port channeling requirements Upon completion of the design sessions: Page 7 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 14_ 22-Oct-2020 Future.built. Neighborhood WiFi Presidio will provide a Systems Engineering Report(SER)that documents the systems configurations parameters,designs,test plans,and integration required for the implementation. 2.1.3. Physical Installation The physical installation is being performed by Presidio Field Services(PFS). 2.Y.3.1.Presidia Field Services Responsibilities • Assign project team members that will oversee all field service logistics and provide updates to designated City of Fort Worth Project Manager • Participate in all project planning and reoccurring status meetings/calls • Collaborate with all critical project stakeholders and create deployment schedule for approval • Qualify field technicians to ensure technical aptitude meets SoW objectives • Coordinate technician dispatch and provide technician lead contact information to Presidio team as needed • Coordinate the scheduling,ordering and calling off of lifts for sites • Perform day of tasks including: o Perform 1 hr pre-calls to verify technician arrival time will not be compromised o Verify technician arrival o Perform technician departure tasks including basic information gathering to ensure end of job for associated trip has been met • Perform post-dispatch tasks including: o Collection and submission of all deliverables per SoW requirements to Presidio PM or designated party o If authorized,execute post installation customer satisfaction surveys and provide results on a weekly basis throughout the duration of the deployment project 2.Y.3.2.Scope Tasks • Tech to arrive on site, introduce themselves to on-site point of contact and secure product • Check in with Presidio's Helpdesk prior to beginning installation • Presidio PFS will physically deploy(1) Fluidmesh Device, (1)Meraki MR86-HW,and (1)Cisco IE3300 switch (inside a customer pre-installed NEMA enclosure)at 385 light poles within the Ft.Worth city limits. • Presidio PFS will physically deploy(15)Fluidmesh devices on assorted buildings within each neighborhood(recreation centers, libraries,etc.)on the outside wall of building. • PFS will connect to customer provided ethernet cable through existing penetration. • The exterior pole installation will use wireless mesh technology and will not require an ethernet connection • Presidio PFS will verify that each AP is successfully powered up and has link to the to the switch. • Presidio PFS will provide 15 mins of testing to ensure Fluidmesh Device is connected to distant end (to occur during installation visit to pole). ■ Presidio PFS will provide the completed inventory worksheet to the Presidio lead engineer. • Obtain release From the Lead PS Engineer and Presidio Helpdesk before departing site. Page 8 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 14_ 22-Oct-2020 Future.built. Neighborhood WiFi 2.1.4. Configuration, Activation, and Testing Using information and designs from the SER document.Configure,deploy and test an outdoor wireless network solution to four separate neighborhoods. (Rosemont,Ash Crescent, Northside, Stop Six). Based on SER document designs,a FM1200, Cisco IE3300 switch and Cisco Meraki MR86 Access Point will be deployed to light poles throughout each neighborhood. The Fluidmesh FM3200 VOLOs will be deployed to a building or location that can provide line of sight for wireless connectivity to the FM1200 VOLOs. Two Cisco Meraki MS250 Switches and two Cisco Meraki MX250 Security Appliances will be installed in each neighborhood at the designated hub locations. The Fluidmesh FM3200 VOLOs will have a physical connection to the Cisco Meraki MS250 Switches. This will create a network that will be separate from the City of Fort Worth network and have access to dedicated Internet services via the Cisco Meraki MX250 Security Appliances. 2.1.4.1.Fluidmesh FM1200 and FM3200 VOLO • Configure with the latest recommended software and all necessary licensing • Configure and test alignment and throughput based on SER document • Configure and test uplink trunk and port channeling requirements • Configure device Management needs(SSH,AAA,etc.) • Configure and test per designs in SER document o Mesh point o Mesh ends o Mesh groups o Cluster ID's for each neighborhood • Configure, deploy and test per SER document the FM devices that require a physical network connection 2.1.4.2. Cisco Meraki MR86 Access Point • Configure with the latest recommended software and all necessary licensing • Configure and test per SER document • Validate and test as necessary physical connections on the light pole 2.1.4.3. Cisco IE 3300 switcheF • Configure with the latest recommended software and all necessary licensing • Configure and test o Virtual LANs(VLANs) o IP Addressing to be assigned to the corresponding VLANs o Management needs(SSH,AAA, etc.) o Access ports, uplink trunk and port channeling requirements • Validate and test as necessary physical connections on the light pole 2.Y.4.4. Cisco Meraki MX250 Security Appliances ■ Install per SER document • Configure with the latest recommended software and all necessary licensing Page 9 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 1 4_ 22-Oct-2020 Future.built. Neighborhood WiFi ■ Configure and test per SER document • Configure and test uplink trunk and port channeling requirements 2.Y.4.5. Cisco Meraki MS250 Switchev • Install per SER document • Configure with the latest recommended software and all necessary licensing • Configure and test per SER document • Configure and test uplink trunk and port channeling requirements 2.2. Deliverables Documentation may be created by Presidio and provided as part of the Project Deliverables.Some of these deliverables may be delivered as a single document.The specific documentation to be provided depends on your chosen solution(s);several example documentation items are listed below. Additional documentation and/or printed documentation is available upon request for an additional cost. Deliverable High Level Design Diagram Visio Systems Engineering Report(SER) PDF Signed Testing Document PDF As-Built Documentation PDF With the exception of Project Status Reports,each deliverable material will be approved in accordance with the following procedure: • If a written list of requested changes is received within five(5)business days,the Presidio Project Team will make the agreed upon revisions and will,within five(5)business days, re-submit the updated version to Client. • At that time Client has five(5)business days to review and request changes for the final document. If no written response is received from Client within five(5)business days,either accepting or requesting changes,then the deliverable material shall be deemed accepted. • Deliverable documentation may be delivered via email, uploaded to a portal,or provided on a physical media and it may be provided in either an encrypted or unencrypted format. If Client requests a specific delivery method and format, Presidio will use that method for all documentation delivery and format otherwise,the sender will choose a delivery method and format that they feel is appropriate given the content of the documentation. 2.3. Project Management Presidio will provide a Project Manager(PM),who will be single point of contact for all project support issues within the scope of this project.The PM is experienced in project management best practice methodologies and familiar with the technology involved. This Project Manager is responsible for timely completion of the scope,schedule and budget utilizing Presidio's Project Management Method. Included for our standard Project Management offering for this engagement are the following: • Remote/on-site kickoff meeting • Planning and design session facilitation • Deliverable/milestone tracking(High-Level Plan) • Resource scheduling and oversight • Escalation facilitation • Working calls as required • Regularly scheduled status meetings Page 10 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 1 4_ 22-Oct-2020 Future.built. Neighborhood WiFi • Agenda, meeting minutes and risk/issue/action item tracking • Scope/budget Management • Project closeout 2.4. Resource, Presidio approaches project execution from a skills-based perspective. Our Execution Team is made up of individuals who have specific skill sets that will be utilized at different times during a given project. This allows us to provide a very specialized workforce to Client and utilize the appropriate resource for the task required. 2.4.1. Presidio Engineering Resources • Practice Manager(s)—the technical manager and regional team lead of the field consulting team. The Practice Manager provides resource and technical oversight assistance to the Project Manager and ensures availability of technical resources and escalation paths for field consultants. • Architect/Senior Engineer(s)—the technical escalation points for Engineer(s)and Project Oversight teams.An Architect or Senior Engineer is a subject matter expert within a certain technology or field. This senior level resource will be the principal technical resource for the engagement and will have ownership of the final deliverables. • Engineer(s)—one or more individuals assigned to complete technical project tasks. Assignment of these resources depends upon the skill set of the task(s)and the timeline(s)within which the task(s) must be completed. These individuals report directly to the Project Manager for task assignment updates and to the Practice Manager or Architect/Senior Engineer for technical escalation needs. The following Presidio resources will be engaged on this project: • Senior Consulting Engineer • Network Level-2 Technician Contact information for the project team personnel will be distributed by the Project Manager. 2.4.2. Client Resources Throughout the project, Client resources may be required for completion of specific tasks, providing key information or data,oversight, review,and approvals.The responsibilities of Client are outlined in this document. The following Client resources will be engaged on this project: • Architect—Network Systems Contact information for the project team personnel will be distributed by the Project Manager. 2.5. Project Change Request Process In the event that both Presidio and Client agree to a change in this Statement of Work, a written description of the agreed upon change will be prepared using a Project Change Request(PCR)form,which both parties must sign. The PCR form will be used to describe the change,the rationale for the change,and to specify any change in the scope,schedule or budget. The terms of a mutually agreed upon Change Authorization will prevail over those of this Statement of Work or any previous Change Authorization. ASSUMPTION Presidio makes the following assumptions in developing this Statement of Work.These assumptions serve as the foundation to which the project estimate,approach and timeline were developed. By signing this SOW,Client agrees that these assumptions are correct and valid.Any changes to the following assumptions must be processed using the Presidio Change Management Process and may impact the project duration and labor requirements. 3.1. General Assumptions The following project assumptions are made and will be verified as part of the engagement: Page 11 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 14_ 22-Oct-2020 Future.built. Neighborhood WiFi 1. All Presidio activities will take place during normal working hours(Monday through Friday,8:00 a.m.to 5:00 p.m., excluding holidays) unless noted as"Off Hours" in this SOW. 2. Presidio Field Services to have schedule input. 3. Any dispatches cancelled within 8 business hours are subject to a$350.00 cancellation fee(non-tech dispatch). 4. Any dispatches cancelled where a tech has been dispatched are subject to a cancellation fee of $350.00 per tech plus T&M hourly rate for onsite tech time. 5. Any items or tasks not explicitly listed as in-scope within this SOW are considered to be outside of the scope and not associated with this SOW and price. 6. Pricing does not include Conduit, Surface raceways,etc. 7. All work areas are assumed to be in an asbestos free environment and 100%free of hazardous materials. 8. Installation assumes non-union labor and non-prevailing wage labor. 9. No permits are required by Presidio Field Services. 10. If integration of the product is performed at a Presidio facility,then transfer of ownership(acceptance) occurs upon the receipt and integration of goods at Presidio, regardless of shipment,as manufacturers will not accept returns of opened products. 11. Changes to the Design, Equipment List or proposed timeline presented to Client in this SOW will require a Project Change Request.A Project Change Request could impact the cost of the project. 12. Presidio will not be held responsible for troubleshooting networks, applications and/or hardware if Client has no formal change management documented processes and policies. 13. Presidio may engage subcontractors and third parties in performing a portion of this work. 14. Presidio will not make changes to the configuration of any network equipment after it has been installed and tested. 15. Some activities included in this project may be performed on Presidio's premises. 16. Additional required tasks discovered after the execution of this SOW that are not mentioned in this SOW will require a Project Change Request. 17. Presidio will configure the systems outlined within this Statement of Work,with a unique set of authentication credentials, unless otherwise provided by Client. Upon the completion of the engagement, Presidio will provide Client with all user names, passwords,and additional authentication information that were implemented during the engagement. Presidio strongly recommends that these credentials be changed upon the completion of the engagement. 18. Significant delays, revisits, or cancelled changes outside of Presidio's control may necessitate a change order to account for rescheduling. 3.2. General Client Responsibilities The following items are listed as responsibilities of Client for this engagement.Client is responsible for performing the items and activities listed in this section or arranging for them to be performed by a third- party if appropriate. 1. Provide a single Client point of contact with the authority and the responsibility of issue resolution and the identification,coordination and scheduling of Client personnel to participate in the implementation of the SOW. 2. Participate in any required design sessions or workshops. 3. Provide all pole locations. 4. Responsible for the operating condition of the cable drops installed by City of Ft.Worth. Troubleshooting or replacing these drops by Presidio may require a change order. 5. Provide or procure all appropriate hardware,software, licensing and media required for implementation of the SOW. Page 12 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q 1 4_ 22-Oct-2020 Future.built. Neighborhood WiFi 6. Supply current equipment configuration for review if applicable. 7. Schedule appropriate maintenance windows for system upgrades or installs and notify user community. 8. Be responsible for having in place,active manufacturer support contracts on all devices that are the subject of this SOW. 9. Dispose all retired equipment as part of this project. 10. Provide all required physical access to Client's facility(identification badge, escort, parking decal,etc.), as required by Client's policies; and provide all required functional access(passwords, IP address information,etc.),as required for Presidio to complete the tasks. 11. Provide to Presidio all required IP addresses, passwords,system names,and aliases. 12. Validate the site readiness prior to the dispatch of Presidio personnel to perform the services being contracted. 13. Provide adequate facilities for the installation of the hardware. This includes all necessary peripheral hardware(KVM ports or monitors, keyboards, mice, network access,etc.)as well as electrical and spatial needs and required antivirus software. 14. Provide high-speed access to the Internet for verification of device support requirements and for software downloads. 15. Verify operation of the installed/upgraded equipment per the predefined Verification Plan. 16. Provide Presidio administrator access on appropriate devices for the completion of the engagement. 17. Complete all Client installations where required in accordance with Client PC requirements for the new application versions. 18. Provide remote access for troubleshooting and configurations related to the project-preferably VPN access, as necessary. 19. Provide support as needed for technicians dispatched. 20. Review, approve or reject any resulting PCRs initiated by Presidio within(3)business days. 21. Provide requested documentation or information needed for the project within two(2)business days, unless otherwise agreed to by all parties. 22. Transport of equipment from receiving area(s)to the data center(s)and/or equipment rooms where it will be installed. 23. Ensure all Cat.5(or higher)and fiber cable infrastructure is in place and tested(for all sites). 24. Provide patch cables and complete necessary fiber or CAT5 cable terminations to patch panels for new switching and routing infrastructure. 4. PRICING Presidio is providing a Fixed Fee Price as part of this Statement of Work. Presidio will invoice Client based on the project milestone(s)listed below: Milestone Name Amount Project Kickoff $7,840.00 Planning and Design $39,200.00 Neighborhood Assessments $31,360.00 Equipment Staging $43,120.00 Rosemont Hub Site Complete $8,232.00 Rosemont Light Poles 1 thru 22 Complete $35,280.00 Rosemont Light Poles 23 thru 45 Complete $35,280.00 Page 13 SOOF FORT W #: 10032 00102889 SOW-1 P R E S I Q I O_ 22-Oct-2020 Future.built. Neighborhood WiFi Rosemont Light Poles 46 thru 67 Complete $35,280.00 Rosemont Light Poles 68 thru 90 Complete $35,280.00 Ash Crescent Hub Site Complete $8,232.00 Ash Crescent Light Poles 1 thru 18 $29,400.00 Ash Crescent Light Poles 19 thru 36 $29,400.00 Ash Crescent Light Poles 36 thru 55 $29,400.00 Northside Hub Site Complete $8,232.00 Northside Light Poles 1 thru 37 $58,800.00 Northside Light Poles 38 thru 75 $58,800.00 Northside Light Poles 76 thru 112 $58,800.00 Northside Light Poles 113 thru 150 $58,800.00 Stop Six Hub Site Complete $8,232.00 Stop Six Light Poles 1 thru 22 $35,280.00 Stop Six Light Poles 23 thru 45 $35,280.00 Stop Six Light Poles 46 thru 67 $35,280.00 Stop Six Light Poles 68 thru 90 $35,280.00 Rosemont WiFi Equipment Install $40,909.09 Ash Crescent WiFi Equipment Install $25,000.00 Northside WiFi Equipment Install $68,181.82 Stop Six WiFi Equipment Install $40,909.09 Project Closure $23,912.00 Total $959,000.00 Presidio will bill Client upon completion of each Milestone. Invoices may contain multiple Milestones. If Client requires a change in the scope of work,the parties will negotiate in good faith to generate a written change order documenting the additional labor and requirements that will be mutually agreed upon by the parties prior to onset of the additional work. Payment terms are subject to credit department approval and will be negotiated and documented on a valid purchase order or other financial document. Presidio payment terms are Net-30. If Client fails to provide a notice of acceptance or a statement of issues to be resolved within ten (10)business days of project conclusion,the project will be deemed accepted and Client will be invoiced. 4.1. Expenses Travel and incidental expenses incurred by Presidio in association with the execution of this Statement of Work are included in the pricing listed above. No additional expenses will be invoiced to Client. 4.2. Travel Time Travel to and from the work site(s)by Presidio resources in association with the execution of this Statement of Work is included in the pricing above. 4.3. Out of Scope Service Pricing The following items represent the costs for out of scope services for the Network Level-2 Technician: Page 14 SOOF FORT W #: 10032 00102889 SOW-1 PRESIDIO_ 22-Oct-2020 Future.built. Neighborhood WiFi Dispatch Fee(2 hour minimum, normal business hours(NBH) per NET- $365.00 for first 2 1-2 tech hrs., $79.00/hr. thereafter Hourly Rate normal business hours (NBH), per NET-1-2 tech (up to 6 $79/hr. NBH hours) "Extended Business Hour dispatches will incur a 15% uplift "Weekend dispatches will incur a 25% uplift BERMS AND CONDITIONS The following terms and conditions shall govern this Statement of Work(SOW)unless a valid Master Services& Product Agreement between the parties, if any,for professional services has been executed and is in force at the time any SOW is executed; in which case the terms of the Master Services&Product Agreement shall govern to the extent that they are inconsistent with this SOW. 1. Purchase Orders, Invoicing, Payment and Acceptance. Any purchase order submitted by CITY OF FORT WORTH ("CLIENT")in connection with this SOW shall be deemed subject to these Additional Terms and this SOW. Unsigned, electronically submitted purchase orders shall be deemed to include CLIENT's electronic signature and shall be binding to the extent accepted by PRESIDIO. PRESIDIO's performance of such purchase order shall not constitute PRESIDIO's acceptance of new or different terms, including pre- printed terms on such order. In absence of a purchase order, CLIENT agrees that its signature below grants PRESIDIO the right to invoice CLIENT and authorizes payment to PRESIDIO for the amounts owed. Further, CLIENT represents that PRESIDIO can rely on such CLIENT signature for payment. PRESIDIO shall invoice CLIENT for the Services in accordance with the terms stated in the SOW. The price included herein reflects a 3%discount for payment by cash, check or wire transfer.This discount will not apply in the event that CLIENT pays using a credit card or debit card. CLIENT shall make payment to PRESIDIO within thirty(30)days from the date of invoice. Except for taxes due on PRESIDIO's net income, CLIENT shall pay all taxes. PRESIDIO reserves the right to bill CLIENT for additional work requested by CLIENT and performed by PRESIDIO,and for applicable expenses incurred by PRESIDIO pursuant to providing such additional services,which are not described in this SOW. Unless otherwise indicated in this SOW, CLIENT agrees that staff augmentation services and services performed on a time and materials basis shall be deemed accepted as performed. Unless otherwise indicated in this SOW, Projects shall be deemed accepted upon the earlier of PRESIDIO's receipt of a signed Milestone Completion and Acceptance document which has been signed and dated by an authorized representative of CLIENT,or ten(10)calendar days from the date of the delivery of the milestone deliverable. If acceptance is refused,Client shall provide, in writing to PRESIDIO, its reasonable basis for refusal, prior to the expiration of the Ten(10)calendar day period. PRESIDIO shall address the issue before subsequent work is undertaken. Limitations of Warranties. PRESIDIO WARRANTS THAT SERVICES SHALL BE PROVIDED BY COMPETENT PERSONNEL IN ACCORDANCE WITH APPLICABLE PROFESSIONAL STANDARDS. WITH RESPECT TO SERVICES PERFORMED BY PRESIDIO,PRESIDIO WARRANTS TO CLIENT, THAT THE SERVICES RENDERED SHALL BE PERFORMED IN A SKILLFUL AND PROFESSIONAL MANNER COMMENSURATE WITH THE REQUIREMENTS OF THIS EFFORT. CLIENT SHALL NOTIFY PRESIDIO IN WRITING WITHIN THIRTY(30)DAYS AFTER COMPLETION OF THE SERVICES IN QUESTION WHEN ANY OF THE SERVICES FAIL TO CONFORM TO THE STANDARD OF CARE SET FORTH IN THIS AGREEMENT.THE PASSAGE OF THE THIRTY(30)DAY PERIOD AFTER COMPLETION OF THE SERVICES WITHOUT THE NOTIFICATION DESCRIBED HEREIN SHALL Page 15 SOOF FORT W #: 10032 00102889 SOW-1 PRESIDIO_ 22-Oct-2020 Future.built. Neighborhood WiFi CONSTITUTE CLIENT'S FINAL ACCEPTANCE OF THE SERVICES. TROUBLESHOOTING AND RECONFIGURATION DUE TO CHANGES TO THE CONFIGURATION BY CLIENT AFTER DELIVERY WILL REQUIRE THE PREPARATION OF A BILLABLE CHANGE ORDER AND PRESIDIO WILL USE ITS BEST EFFORTS TO PROVIDE ANY ADDITIONAL SUPPORT THAT MAY BE REQUIRED THEREAFTER ON A TIME AND MATERIALS BASIS AS SOON AS RESOURCES ARE REASONABLY AVAILABLE. PRESIDIO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2. Intellectual Property. CLIENT acknowledges that PRESIDIO, its vendors, and/or its licensors retain all patents and/or copyrights in and to all proprietary data, processes and programs, if any, provided in connection with Services performed hereunder;any PRESIDIO software provided to CLIENT as part of the Services provided shall be subject to the vendor's, licensor's or OEM's copyright and licensing policy. To the extent such software is prepared by PRESIDIO, it is provided by nontransferable, nonexclusive license for CLIENT'S internal use only,subject strictly to the terms and conditions of this Agreement,and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate, use or disclose for the benefit of third parties, reverse engineer or decompile any such software. 3. Confidential Information. The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving party,either directly or indirectly, in writing,orally or by inspection of tangible objects(including without limitation documents, prototypes,samples, plant and equipment, "CLIENT" lists or other"CLIENT" information not known to the public),which is designated as"Confidential," "Proprietary"or some similar designation,or is the type of information which should reasonably be recognized as Confidential or Proprietary. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning this SOW. Each party agrees to protect the other party's Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential Information but with no less than a reasonable degree of care. 4. Limitation of Liability. IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, EXEMPLARY,OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER,ARISING IN CONTRACT,TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRESIDIO'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION,AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR SERVICES AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing, PRESIDIO will have no responsibility for the adequacy or performance of(i)any third party software provided to PRESIDIO under this agreement; (ii)any hardware,and (iii)any services provided by any third party. 5. Non-Solicitation Provision. During the term of this SOW and for twelve(12)months thereafter,CLIENT will not solicit for a permanent or other position any employee or subcontractor of PRESIDIO to whom CLIENT was introduced through its relationship with PRESIDIO. Should CLIENT solicit and/or hire an employee or contractor from PRESIDIO, CLIENT shall pay to PRESIDIO an administrative fee equal to 1 year's salary of the employee's new salary at CLIENT. 6. Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes beyond its reasonable control, including without limitation,flood,war,embargo,strike or other labor dispute, riot,acts of God or the intervention of any government authority. 7. Choice of Law and Venue. The parties will attempt to settle any claim or controversy arising under this SOW through consultation and negotiation in good faith and a spirit of mutual cooperation.This SOW and all matters relating thereto shall be governed exclusively by the substantive law of the State of Texas. Any dispute relating directly or indirectly to this SOW or any other contract or agreement between the parties which cannot be resolved through the process of consultation and negotiation shall be brought in a court of competent jurisdiction in Dallas County,Texas,that being the exclusive venue for any dispute between or any claims held by any of the parties to this SOW. Page 16 SOOF FORT W #: 10032 00102889 SOW-1 PRESIDIO_ 22-Oct-2020 Future.built. Neighborhood WiFi 8. Miscellaneous. This SOW constitutes the entire agreement of the parties and supersedes all prior written or oral agreements,representations and understandings relating to the subject matter hereof,with the exception of a valid Master Services and Product Agreement between the parties under the terms of which this SOW shall be incorporated.This SOW shall not be amended or modified except by written instrument signed by the parties.Should additional work beyond the scope of the Services detailed herein by PRESIDIO be requested by CLIENT,fees for such additional Services will be negotiated with CLIENT prior to performing such work and will be memorialized in writing between the Parties by utilizing a Project Change Request form ("PCR")or an additional SOW as appropriate.PRESIDIO will invoice CLIENT for any additional work performed and expenses incurred which are not described in this SOW.The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party,which consent shall not be unreasonably withheld. 9. Severability. The provisions of this SOW are severable. If any provision of this SOW or its application to any person or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason,the remainder of this Agreement and the application of such provision or part of this SOW to other persons or circumstances shall not be affected. 6. APPROVAL SIGNOFF The use of signatures on this Statement of Work is to ensure agreement on project objectives and the work to be performed by Presidio. Presidio signature signifies our commitment to proceed with the project as described in this document. Please review this document thoroughly,as it will be the basis for all work performed by Presidio on this project. This Statement of Work is valid for a period of sixty(60)days from the date that this Statement of Work is provided by Presidio to Client unless otherwise agreed to by both parties. CITY OF FORT WORTH Nov 12,2020 Valerie Washington(Nov 12,202012:59 CST) Signature Date Valerie Washington Assistant City Manager Printed Name&Title Presidio Kim Dukes(,Nov 11,2020 11:55 CST) Nov 11 2020 Signature Date OFFICIAL RECORD CITY SECRETARY Kim Dukes Director of Sales Operations FT.WORTH, TX Printed Name&Title Page 17 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and 4k/,A� administration of this contract, including By: Valerie Washington(Nov 12,202012:59 CST) ensuring all performance and reporting Name: Valerie Washington requirements. Title: Assistant City Manager Date: Nov 12,2020 S 7��tter By: S Trotter(Nov 11,2020 14:09 CST) Approval Recommended: Name: Sallie Trotter Title: Assistant Director, IT Solutions K � Approved as to Form and Legality: By: Name: Kevin Gunn Title: Director, IT Solutions TS sfirov, oaf FORr��aa By: JB Strong(Nov ,202012:32 ar) p. °00000.. Attest: �,7°°° °oo�d� Name: John B. Strong °~o ° Title: Assistant City Attorney 0 s=� Y Y (� °o o° d o0 -0 as °°°°°°°°° Contract Authorization: (J Q��nEXASoO.o By: M&C: NA Name: Mary J. Kayser Date Approved: NA Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX ID10 ., QUOTE: 2003220018402-01 DATE: 11/02/2020 PAGE: 1 of 3 TO: CITY OF FORT WORTH FROM: Presidia Networked Solutions Group, LLC Sallie Trotter Dave Anderson 1000 THROCKMORTON 7701 Las Colinas Ridge FORT WORTH,TX 76102 #600 Irving,TX 75063 sallie.trotter@fortworthtexas.gov (p)(817)392-8442 daanderson@presidio.com (p)248.468.0700 Customer#: CITYO587 Account Manager: Stephanie Barnes Inside Sales Rep: Dave Anderson Title: COFW-Fluid Mesh hours,travel and training # Part# Description Unit Price Qty Ext Price Ash Crescent 1 FM-ENG-iH-SE FLUIDMESH SENIOR ENGINEER SUP $300.00 80 $24,DDD.00 2 FM-LEVEL3-CLASS LEVEL 3 FIXED INFRASTRUCTURE $0.00 1 $D.00 3 FM-LEVELS-CLASS LEVEL 5 TRAINING ON FLUIDMESH $0.00 1 $D.00 4 FM-TRAVEL ROUNDTRIP TRAVEL COST FOR $3.500.00 1 $3,5DD.00 Total(Ash Crescent): ii 00 5 FM-ENG-iH-SE FLUIDMESH SENIOR ENGINEER SUP $300.00 160 $48,DDD.00 6 FM-TRAVEL ROUNDTRIP TRAVEL COST FOR $3.500.00 2 $7,DDD.00 Total(Northside): iii 00 7 FM-ENG-iH-SE FLUIDMESH SENIOR ENGINEER SUP $300.00 80 $24,DOD.00 8 FM-TRAVEL ROUNDTRIP TRAVEL COST FOR $3.500.00 1 $3,50D.00 Total(Rosemont): 0i 00 9 FM-ENG-iH-SE FLUIDMESH SENIOR ENGINEER SUP $300.00 80 $24,DOD.00 10 FM-TRAVEL ROUNDTRIP TRAVEL COST FOR $3.500.00 1 $3,50D.00 Total(Stop Six): ii 00 Sub Total: $137,500.00 Grand Total: $137,500.00 10. QUOTE: 2003220018402-01 DATE: 11/02/2020 PAGE: 2 of 3 Quote valid for 30 days.Payment of invoices are due within 30 days from date of invoice unless other terns are issued.Late payments are subject to interest charges of the lesser of 1 per month or the maximum amount allowed by law.All prices subject to change without notice.Supply subject to availability.This Quote is subject to Presidia's Standard Terms and Conditions below.Any changes to the following Terms and Conditions must be accepted in writing by Presidia, otherwise,CLIENT agrees to be bound by the following Terms and Conditions and pricing contained herein: Pricing Quoted prices exclude applicable taxes.Invoicing will include applicable taxes unless a valid tax exempt certificate is provided. -The price included herein reflects a 3%discount for payment by cash,check or wire transfer.This discount will not apply in the event that CLIENT pays using a credit card or debit card. Prices exclude freight,handling or insurance(unless itemized in the quote). •Pricing for Professional Services are best-effort estimates only. Actual pricing will be finalized as part of a mutually-agreeable Statement of Work. Invoicing CLIENT is billed upon shipment from the manufacturer and shall accept and pay for partial shipment of products. •Usage-Based Services Terms and Conditions.For Usage-Based Services purchased by CLIENT,Presidia shall invoice CLIENT once a month.Notwithstanding the amounts included on the applicable purchase order,the invoice for Usage-Based Services will vary from month to month based upon CLIENT's usage and CLIENT shall be obligated to pay all charges for the Usage-Based Services used by CLIENT in the previous month.If CLIENT is delinquent in its payment obligations for the Usage-Based Services,then,upon reasonable,prior notice, Presidia reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the Usage-Based Services due to CLIENT's delinquent or non-payment. -Enterprise Software,Licensing and Subscription Services("Enterprise Agreement").For Third-Party-provided,enterprise-based software licensing and services,Presidia shall invoice CLIENT according to the terms of the Enterprise Agreement between CLIENT and the Third Party.If CLIENT is delinquent in its payment obligations hereunder,then,upon reasonable, prior notice,Presidia reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the services due to CLIENT's delinquent or non-payment. Freight,Handling,Shipping •CLIENT will be billed for Presidia's and/or the manufacturer's freight charges. -Title/Risk of loss passes to CLIENT Freight on Board(FOB)origin(FOB destination(CONUS)applicable to Federal Government CLIENTS only) unless otherwise agreed to in writing by Presidia.Orders shipped from a manufacturer to Presidia at CLIENT request for warehousing,configuration,storage or otherwise,shall be deemed to have been shipped to CLIENT FOB origin. •Presidia accepts no responsibility/liability in connection with the shipment. •International delivery services include(i)Consolidated billing in USD for all international deliveries(ii)Consolidated contracting with one entity,namely Presidia(iii)Single point of contact iv)Freight forwarding including exportation permits,application of tariff headings,customs clearance(including import permits,licenses,certificates)(v)Asset Management,Tracking& Reporting. Goods held in a Presidia warehouse either a)at the CLIENT's request or b)in the event CLIENT refuses to accept delivery,may be subject to warehousing fees of 1%of the list price of such goads. Warranty and Limitation of Liability -Product is warranted by the Manufacturer,not by Presidia.Please consult Manufacturer for warranty terms.IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT;INCIDENTAL,SPECIAL,CONSEQUENTIAL,EXEMPLARY,OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER,ARISING IN CONTRACT,TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PRESIDIO'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER,INCLUDING,BUT NOT LIMITED TO,NONPERFORMANCE OR MISREPRESENTATION,AND REGARDLESS OF THE FORM OF ACTIONS,SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR PRODUCTS HEREUNDER. Return Policy CLIENTS return rights are subject to the return policies(&fees including restocking)of the applicable manufacturer •A Presidio-issued Return Material Authorization(RMA)is required&needs to accompany returned items before any credit is issued to a CLIENT.Presidia reserves the right to deny RMA requests in the event the Manufacturer will not provide for an authorized return.If integration of product is performed at a Presidia facility,transfer of ownership occurs as of inception of integration regardless of shipment terms as manufacturers will not accept return of open product. CLIENTS have 15 calendar days from original ship date to request a RMA(unless shorter period is required by manufacturer) •Items returned must be in original shipping cartons,unopened,unused,undamaged and unaltered failing which Presidia is entitled to reject acceptance of items or charge further fees -The CLIENT is responsible for shipping fees to the destination highlighted in the RMA Opened software cannot be returned Cancellation Policy -CLIENT's cancellation of purchase order rights are subject to the cancellation policies(&fees)of the applicable manufacturer Leases In the event Presidia does not receive payment for leased goads purchased on the CLIENT behalf from the applicable third-party financing entity,CLIENT is obligated to pay Presidia for all such goads as indicated in the applicable Presidia invoice. Software terms •Software is subject to the license terms that accompany it. -License terms are established between the CLIENT&owner of the software Unless Presidia is the owner or licensor,Presidia makes no representations and/or warranties relating to its operation,ownership or use. Term and Termination of Orders:Usage-Based Services,Enterprise Agreements and Multi-Year Orders -The terms of use for Usage-Based Services(i.e.Cisco-provided WebEx or Software as a Service(Saas))are established by the applicable third-party provider of such services either at the applicable third-party provider website or via the separate agreement between CLIENT and third-party provider. •The"Initial Term"of an order for Usage-Based Services and/or and Enterprise Agreement(`Order")starts on the date the Usage-Based Services and/or Enterprise Agreement are available for use by CLIENT and lasts for the time period stated in the Order.After the Initial Term,unless prohibited by applicable law;there will be an automatic"Renewal Term"of the same length of time unless CLIENT notifies Presidia in writing that CLIENT does not want to renew at least sixty(60)days before the end of the then current Initial Term or Renewal Term. If the fees will change for the Renewal Term,Presidia will notify CLIENT reasonably in advance of the Renewal and in time for CLIENT to accept or reject renewing the Usage-Based Services and/or Enterprise Agreement.If CLIENT agrees with the fee changes,CLIENT may do nothing and the new fees will apply for the upcoming Renewal Term. -Either party may terminate an Order by providing the other party written notice of termination at least sixty(60)days before the end of such Initial or Renewal Term.The termination will be effective on the last day of the Initial or Renewal Term and CLIENT will pay for the Usage-Based Services and/or Enterprise Agreement until the end of the current Initial or Renewal Term regardless of when CLIENT provided notice.Notwithstanding the foregoing,Usage-Based Services and Enterprise Agreements ordered are strictly non-cancelable during the Initial Term or Renewal Term except as otherwise provided in the applicable Service Terms and/or otherwise agreed upon in writing by Presidia.CLIENT will not be entitled to any refund for terminated Usage-Based Services or Enterprise Agreements during the Initial Term or Renewal Term except as agreed upon in writing by Provider and/or Presidia Multi-Year Agreements •For multi-year agreements,CLIENT expressly agrees to enter into a binding,non-cancelable agreement per the billing schedule set forth in the quote. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE CLIENT'S AGREEMENT AND PAYMENTS FOR A MULTI-YEAR TRANSACTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES FOR MULTI-YEAR AGREEMENTS,SUCH THAT PRESIDIO WOULD NOT HAVE ENTERED INTO A MULTI-YEAR TRANSACTION WITHOUT SUCH AGREEMENT. SmartNet(Third party Maintenance) CLIENTS rights are subject to the terms provided by the applicable manufacturer.(per website address) 10. QUOTE: 2003220018402-01 DATE: 11/02/2020 PAGE: 3 of 3 Confidential Information. •CLIENT agrees that this quote is Presidio Confidential Information.CLIENT shall not disclose this quote to any third party for any purpose. CLIENT agrees to protect this Quote to the same extent that it protects its own Confidential Information,but with no less than a reasonable degree of care. Export Law Compliance. •CLIENT has been advised that any hardware or software provided to CLIENT via this Quote and/or subsequent purchase order may be subject to the U.S.Export Administration Regulations.CLIENT agrees to comply with all applicable United States export control laws,and regulations,as from time to time amended,including without limitation,the laws and regulations administered by the United States Department of Commerce and the United States Department of State. Miscellaneous Terms •Preprinted terms appearing on CLIENT Purchase Orders must be accepted in writing by Presidia to be applicable.Presidia's performance of such purchase order shall not constitute Presidia's acceptance of new or different terms,including pre-printed terms on such order.In absence of a purchase order,CLIENT agrees that its Signature below grants Presidia the right to invoice CLIENT and authorizes payment to Presidia for the amounts owed. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered,including payments for partial shipments 11iV/.A-� Nov 12 2 Valerie Washington(Nov 12,202012:59 CST) 020 Customer Signature Date ID10 ., QUOTE: 2003220017400-02 DATE: 10/15/2020 PAGE: 1 of 4 TO: CITY OF FORT WORTH FROM: Presidia Networked Solutions Group, LLC Sallie Trotter Dave Anderson 1000 THROCKMORTON 7701 Las Colinas Ridge FORT WORTH,TX 76102 #600 Irving,TX 75063 sallie.trotter@fortworthtexas.gov (p)(817)392-8442 daanderson@presidio.com (p)248.468.0700 Customer#: CITY0587 Account Manager: Stephanie Barnes Inside Sales Rep: Dave Anderson Title: City of Fort Worth-Neighborhood Project-Professional Services # Part# Description Unit Price Qty Ext Price 1 PS-SVC-FF Fixed Fee for Presidio employee labor $7,840.00 1.0000 $7,840.00 Deliverable: Project Kickoff 2 PS-SVC-FF Fixed Fee for Presidio employee labor $39.200.00 1.0000 $39,200.00 Deliverable: Planning and Design 3 PS-SVC-FF Fixed Fee for Presidio employee labor $31.360.00 1.0000 $31,360.00 Deliverable: Neighborhood Assessments 4 PS-SVC-FF Fixed Fee for Presidio employee labor $43.120.00 1.0000 $43,120.00 Deliverable: Equipment Staging 5 PS-SVC-FF Fixed Fee for Presidio employee labor $8.232.00 1.0000 $8,232.00 Deliverable: Rosemont Hub Site Complete 6 PS-SVC-FF Fixed Fee for Presidio employee labor $35.280.00 1.0000 $35,280.00 Deliverable: Rosemont Light Pales 1 thru 22 Complete 7 PS-SVC-FF Fixed Fee for Presidio employee labor $35.280.00 1.0000 $35,280.00 Deliverable: Rosemont Light Pales 23 thru 45 Complete 8 PS-SVC-FF Fixed Fee for Presidio employee labor $35.280.00 1.0000 $35,280.00 Deliverable: Rosemont Light Pales 46 thru 67 Complete 9 PS-SVC-FF Fixed Fee for Presidio employee labor $35:280.00 1.0000 $35,280.00 Deliverable: Rosemont Light Pales 68 thru 90 Complete 10 PS-SVC-FF Fixed Fee for Presidio employee labor $8.232.00 1.0000 $8,232.00 Deliverable: Ash Crescent Hub Site Complete 11 PS-SVC-FF Fixed Fee for Presidio employee labor $29.400.00 1.0000 $29,400.00 Deliverable: Ash Crescent Light Pales 1 thru 18 12 PS-SVC-FF Fixed Fee for Presidio employee labor $29.400.00 1.0000 $29,400.00 Deliverable: Ash Crescent Light Pales 19 thru 36 13 PS-SVC-FF Fixed Fee for Presidio employee labor $29.400.00 1.0000 $29,400.00 Deliverable: Ash Crescent Light Pales 36 thru 55 14 PS-SVC-FF Fixed Fee for Presidio employee labor $8.232.00 1.0000 $8,232.00 Deliverable: Northside Hub Site Complete 15 PS-SVC-FF Fixed Fee for Presidio employee labor $58.800.00 1.0000 $58,800.00 Deliverable: Northside Light Pales 1 thru 37 10. QUOTE: 2003220017400-02 DATE: 10/15/2020 PAGE: 2 of 4 16 PS-SVC-FF Fixed Fee for Presidio employee labor $58.800.00 1.0000 $58,800.00 Deliverable: Northside Light Pales 38 thou 75 11 _ 17 PS-SVC-FF Fixed Fee for Presidio employee labor $58:800.00 1.0000 $58,80D.00 Deliverable: Northside Light Pales 76 thou 112 II 18 PS-SVC-FF Fixed Fee for Presidio employee labor $583800.00 1.0000 $5 800.00 Deliverable: Northside Light Poles 113 thou 150 19 PS-SVC-FF Fixed Fee for Presidio employee labor $8.232.00 1.0000 $8,232.00 Deliverable: Stop Six Hub Site Complete 20 PS-SVC-FF Fixed Fee for Presidio employee labor $35:280.00 1.0000 $35,28D.00 Deliverable: Stop Six Light Pales 1 thou 22 21 PS-SVC-FF Fixed Fee for Presidio employee labor $35.280.00 1.0000 $35,280.00 Deliverable: Stop Six Light Pales 23 thou 45 22 PS-SVC-FF Fixed Fee for Presidio employee labor $35.280.00 1.0000 $35,28D.00 Deliverable: Stop Six Light Pales 46 thou 67 23 PS-SVC-FF Fixed Fee for Presidio employee labor $35.280.00 1.0000 $35,28D.00 Deliverable: Stop Six Light Pales 68 thou 90 24 PS-SVC-FF Fixed Fee for Presidio employee labor $23.912.00 1.0000 $23,912.00 Deliverable: Project Closure 25 PS-SVC-FF Fixed Fee for Presidio employee labor $40.909.09 1.0000 $40,909.09 Deliverable: Rosemont VViFi Equipment Install 26 PS-SVC-FF Fixed Fee for Presidio employee labor $25.000.00 1.0000 $25,DOD.00 Deliverable: Ash Crescent WiFi Equipment Install 27 PS-SVC-FF Fixed Fee for Presidio employee labor $68.181.82 1.0000 $68,181.82 Deliverable: Northside WiFi Equipment Install 28 PS-SVC-FF Fixed Fee for Presidio employee labor $40.909.09 1.0000 $40,909.09 Deliverable: Stop Six WiFi Equipment Install Sub Total: $959,000.00 Grand Total: $959,000.00 10. QUOTE: 2003220017400-02 DATE: 10/15/2020 PAGE: 3 of 4 Quote valid for 30 days.Payment of invoices are due within 30 days from date of invoice unless other terns are issued.Late payments are subject to interest charges of the lesser of 1 per month or the maximum amount allowed by law.All prices subject to change without notice.Supply subject to availability.This Quote is subject to Presidia's Standard Terms and Conditions below.Any changes to the following Terms and Conditions must be accepted in writing by Presidia, otherwise,CLIENT agrees to be bound by the following Terms and Conditions and pricing contained herein: Pricing Quoted prices exclude applicable taxes.Invoicing will include applicable taxes unless a valid tax exempt certificate is provided. -The price included herein reflects a 3%discount for payment by cash,check or wire transfer.This discount will not apply in the event that CLIENT pays using a credit card or debit card. Prices exclude freight,handling or insurance(unless itemized in the quote). •Pricing for Professional Services are best-effort estimates only. Actual pricing will be finalized as part of a mutually-agreeable Statement of Work. Invoicing CLIENT is billed upon shipment from the manufacturer and shall accept and pay for partial shipment of products. •Usage-Based Services Terms and Conditions.For Usage-Based Services purchased by CLIENT,Presidia shall invoice CLIENT once a month.Notwithstanding the amounts included on the applicable purchase order,the invoice for Usage-Based Services will vary from month to month based upon CLIENT's usage and CLIENT shall be obligated to pay all charges for the Usage-Based Services used by CLIENT in the previous month.If CLIENT is delinquent in its payment obligations for the Usage-Based Services,then,upon reasonable,prior notice, Presidia reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the Usage-Based Services due to CLIENT's delinquent or non-payment. -Enterprise Software,Licensing and Subscription Services("Enterprise Agreement").For Third-Party-provided,enterprise-based software licensing and services,Presidia shall invoice CLIENT according to the terms of the Enterprise Agreement between CLIENT and the Third Party.If CLIENT is delinquent in its payment obligations hereunder,then,upon reasonable, prior notice,Presidia reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the services due to CLIENT's delinquent or non-payment. Freight,Handling,Shipping •CLIENT will be billed for Presidia's and/or the manufacturer's freight charges. -Title/Risk of loss passes to CLIENT Freight on Board(FOB)origin(FOB destination(CONUS)applicable to Federal Government CLIENTS only) unless otherwise agreed to in writing by Presidia.Orders shipped from a manufacturer to Presidia at CLIENT request for warehousing,configuration,storage or otherwise,shall be deemed to have been shipped to CLIENT FOB origin. •Presidia accepts no responsibility/liability in connection with the shipment. •International delivery services include(i)Consolidated billing in USD for all international deliveries(ii)Consolidated contracting with one entity,namely Presidia(iii)Single point of contact iv)Freight forwarding including exportation permits,application of tariff headings,customs clearance(including import permits,licenses,certificates)(v)Asset Management,Tracking& Reporting. Goods held in a Presidia warehouse either a)at the CLIENT's request or b)in the event CLIENT refuses to accept delivery,may be subject to warehousing fees of 1%of the list price of such goads. Warranty and Limitation of Liability -Product is warranted by the Manufacturer,not by Presidia.Please consult Manufacturer for warranty terms.IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT;INCIDENTAL,SPECIAL,CONSEQUENTIAL,EXEMPLARY,OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER,ARISING IN CONTRACT,TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PRESIDIO'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER,INCLUDING,BUT NOT LIMITED TO,NONPERFORMANCE OR MISREPRESENTATION,AND REGARDLESS OF THE FORM OF ACTIONS,SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR PRODUCTS HEREUNDER. Return Policy CLIENTS return rights are subject to the return policies(&fees including restocking)of the applicable manufacturer •A Presidio-issued Return Material Authorization(RMA)is required&needs to accompany returned items before any credit is issued to a CLIENT.Presidia reserves the right to deny RMA requests in the event the Manufacturer will not provide for an authorized return.If integration of product is performed at a Presidia facility,transfer of ownership occurs as of inception of integration regardless of shipment terms as manufacturers will not accept return of open product. CLIENTS have 15 calendar days from original ship date to request a RMA(unless shorter period is required by manufacturer) •Items returned must be in original shipping cartons,unopened,unused,undamaged and unaltered failing which Presidia is entitled to reject acceptance of items or charge further fees -The CLIENT is responsible for shipping fees to the destination highlighted in the RMA Opened software cannot be returned Cancellation Policy -CLIENT's cancellation of purchase order rights are subject to the cancellation policies(&fees)of the applicable manufacturer Leases In the event Presidia does not receive payment for leased goads purchased on the CLIENT behalf from the applicable third-party financing entity,CLIENT is obligated to pay Presidia for all such goads as indicated in the applicable Presidia invoice. Software terms •Software is subject to the license terms that accompany it. -License terms are established between the CLIENT&owner of the software Unless Presidia is the owner or licensor,Presidia makes no representations and/or warranties relating to its operation,ownership or use. Term and Termination of Orders:Usage-Based Services,Enterprise Agreements and Multi-Year Orders -The terms of use for Usage-Based Services(i.e.Cisco-provided WebEx or Software as a Service(Saas))are established by the applicable third-party provider of such services either at the applicable third-party provider website or via the separate agreement between CLIENT and third-party provider. •The"Initial Term"of an order for Usage-Based Services and/or and Enterprise Agreement(`Order")starts on the date the Usage-Based Services and/or Enterprise Agreement are available for use by CLIENT and lasts for the time period stated in the Order.After the Initial Term,unless prohibited by applicable law;there will be an automatic"Renewal Term"of the same length of time unless CLIENT notifies Presidia in writing that CLIENT does not want to renew at least sixty(60)days before the end of the then current Initial Term or Renewal Term. If the fees will change for the Renewal Term,Presidia will notify CLIENT reasonably in advance of the Renewal and in time for CLIENT to accept or reject renewing the Usage-Based Services and/or Enterprise Agreement.If CLIENT agrees with the fee changes,CLIENT may do nothing and the new fees will apply for the upcoming Renewal Term. -Either party may terminate an Order by providing the other party written notice of termination at least sixty(60)days before the end of such Initial or Renewal Term.The termination will be effective on the last day of the Initial or Renewal Term and CLIENT will pay for the Usage-Based Services and/or Enterprise Agreement until the end of the current Initial or Renewal Term regardless of when CLIENT provided notice.Notwithstanding the foregoing,Usage-Based Services and Enterprise Agreements ordered are strictly non-cancelable during the Initial Term or Renewal Term except as otherwise provided in the applicable Service Terms and/or otherwise agreed upon in writing by Presidia.CLIENT will not be entitled to any refund for terminated Usage-Based Services or Enterprise Agreements during the Initial Term or Renewal Term except as agreed upon in writing by Provider and/or Presidia Multi-Year Agreements •For multi-year agreements,CLIENT expressly agrees to enter into a binding,non-cancelable agreement per the billing schedule set forth in the quote. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE CLIENT'S AGREEMENT AND PAYMENTS FOR A MULTI-YEAR TRANSACTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES FOR MULTI-YEAR AGREEMENTS,SUCH THAT PRESIDIO WOULD NOT HAVE ENTERED INTO A MULTI-YEAR TRANSACTION WITHOUT SUCH AGREEMENT. SmartNet(Third party Maintenance) CLIENTS rights are subject to the terms provided by the applicable manufacturer.(per website address) 10. QUOTE: 2003220017400-02 DATE: 10/15/2020 PAGE: 4 of 4 Confidential Information. •CLIENT agrees that this quote is Presidio Confidential Information.CLIENT shall not disclose this quote to any third party for any purpose. CLIENT agrees to protect this Quote to the same extent that it protects its own Confidential Information,but with no less than a reasonable degree of care. Export Law Compliance. •CLIENT has been advised that any hardware or software provided to CLIENT via this Quote and/or subsequent purchase order may be subject to the U.S.Export Administration Regulations.CLIENT agrees to comply with all applicable United States export control laws,and regulations,as from time to time amended,including without limitation,the laws and regulations administered by the United States Department of Commerce and the United States Department of State. Miscellaneous Terms •Preprinted terms appearing on CLIENT Purchase Orders must be accepted in writing by Presidio to be applicable.Presidio's performance of such purchase order shall not constitute Presidio's acceptance of new or different terms,including pre-printed terms on such order.In absence of a purchase order,CLIENT agrees that its Signature below grants Presidio the right to invoice CLIENT and authorizes payment to Presidio for the amounts owed. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered,including payments for partial shipments '��� Valerie Washington(Nov 12,202012:59 CST) Nov 12 2020 Customer Signature Date PRESIDIO' Future.Built. Project Change Request Project Information Requestor Information Client Name City of Fort Worth Requestor Name Kevin Gunn Project Name Neighborhood WiFi Email Address Kevin.Gunn@forlworthtexas.gov Phone Number Original Sales Order# 3001342001113 Prepared By Carla Doty Change Order# PCR1 Date Requested 111512020 Change Order Title PCR1-Design Date Required By 111612020 Proposed Description of change,references,who will perform work,and assumptions as applicable. The original project was scoped with the assumption that Fluidmesh and predictive wireless designs had already been completed for the four neighborhoods. Since that was not completed,this change request is needed to leverage the Presidio team to complete the neighborhood design and finalize the Bill of Materials for the project. The following tasks are included in this: • Define and review HUB location for each of the four neighborhoods • Define and review light pole types and locations for each of the four neighborhoods • Review predictive design and validate line of sight for each light pole. • Visit each light pole and validate o Location and height of network equipment o Line of sight to HUB locations • Document all HUB and light pole configurations and location Impact of the proposed change to project elements(i.e.,cost,schedule,deliverables,resources,etc.). Change Affects: ® Cost ® Schedule ® Scope Summary of Impact: Design required to effectively start the project. FIXED FEE Increase in Total Project Value: OriginalBilling Milestone Fluidmesh and Predictive Wireless Design Complete $959,000.00 $65,130.00 Actual Travel expenses billable in addition to above amount? ❑ Yes ® No Purchase • . - Change Request Total:$65,130.00 ® Extend original PO #FW004-0000003014 ❑ Issue new PO # ❑ No Purchase Order Required ❑ Reduced Amount in Total Project Change Request does not require revised or new PO Authorization Pursuant to the Statement of Work between Presidio and Client in effect at the time of this Change Request and in accordance with the change management procedures identified therein, parties certify by signature of an authorized representative,that the above Change Request will be incorporated into the existing SOW as appropriate. Version 1.1 Confidential and Proprietary Page 1 of 2 PRESIDIO' Future.Built. Project Change Request �SsistantValerie Washington(Nov 12,202012:59 CST) City Manager Nov 12, 2020 Authorized Client Signature T'. Kim Dukes(Nov 11,202011:55 CST Director of Sales Operations Nov 11,2020 Authorized Presidio . Version 1.1 Confidential and Proprietary Page 2 of 2 CSC No.54825-AD1 ADDENDUM TO STATEMENT OF WORK BETWEEN THE CITY OF FORT WORTH AND PRESIDIO NETWORKED SOLUTIONS GROUP LLC This Addendum to the Statement of Work ("Addendum") is entered into by and between Presidio Networked Solutions Group LLC ("Vendor") and the City of Fort Worth ("City"), collectively the "parties", for the design and configuration of an outdoor wireless solution. The Contract documents shall include the following: 1. The Statement of Work; and 2. This Addendum. Notwithstanding any language to the contrary in the attached Statement of Work (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Term. The Agreement shall become effective upon the signing of the Agreement by an Assistant City Manager of the City(the "Effective Date")and shall expire one (1)year after the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties.The Agreement may be renewed for an unlimited number of renewals at the mutual agreement of the parties, each a "Renewal Term." City shall provide Vendor with written notice of its intent to renew at least thirty(30)days prior to the end of each term. 2. Termination. a. Convenience. Either City or Vendor may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach.If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten(10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal Addendum Page 1 of 5 period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees. Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5. Linked Terms and Conditions. If the Agreement contains a website link to terms and conditions,the linked terms and conditions located at that website link as of the effective date of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the linked terms and conditions conflict with any provision of either this Addendum or the Agreement, the provisions contained within this Addendum and the Agreement shall control. If any changes are made to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void. 6. Insurance. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision, the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self-insured status as requested by Vendor. Addendum Page 2 of 5 7. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 8. Limitation of Liability and Indemnity. For any claims or cause of action arising under or related to the Agreement, none of the parties shall be liable to the other for punitive, special or consequential damages, even if it is advised of the possibility of such damages; and ii) Vendor's liability for damages of any kind to the City shall be limited to the total amount paid to Vendor under the Agreement during the 12 months immediately preceding the accrual of the claim or cause of action. 9. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable,City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 10. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary,City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 11. Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 12. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 13. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000,this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with Addendum Page 3 of 5 a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 14. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. (signature page follows) Addendum Page 4 of 5 ACCEPTED AND AGREED: CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all By: Vzleriewzshingtor(Nov 12,2020 12:59 CST) performance and reporting requirements. Name: Valerie Washington Title: Assistant City Manager S 7�rttter Date: Nov 12,2020 By: S Trotter(Nov 11,2020 14:09 CST) Name: Sallie Trotter Approval Recommended: Title: Assistant Director,IT Solutions Approved as to Form and Legality: By: Name: Kevin Gunn TB St'roh JB Strong(Nov ,202012:32 CST) Title: Director,IT Solutions y: Name: John B. Strong Attest: Title: Assistant City Attorney Contract Authorization: By: V (J J/ r (� M&C: Name: Mary J. Kayser Title: City Secretary VENDOR: Presidio Networked Solutions Group LLC By: Kim Dukes(Nov 11,202011:55 CST) Name: Kim Dukes Title: Director of Sales Operations Date: Nov 11,2020 Addendum Page 5 of 5