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HomeMy WebLinkAboutContract 63294-A4CSC No. ___________ Fourth Amendment to Fort Worth City Secretary Contract No. 63294 Page 1 of 6 FOURTH AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 63294 This Fourth Amendment to Fort Worth City Secretary Contract No. 63294 (“Fourth Amendment”) is made between the City of Fort Worth (“City,”) a Texas home rule municipality, and ePlus Technology, Inc., (“Vendor,”) a Virginia Corporation. City and Vendor are each individually referred to herein as a “party” and collectively referred to as the “parties.” WHEREAS,On May 19, 2025, pursuant to Mayor and Council Communication (M&C) 25-0390, the City and Vendor entered into an Agreement identified as City Secretary Contract No. 63294 (the “Agreement”); WHEREAS,the parties desire to amend the Agreement to include pricing in accordance with Exhibit A-3, Statement of Work, for Vendor to provide services to migrate the City’s corporate and store locations to Webex Calling Dedicated Instance; WHEREAS,the Parties further desire to further amend the Agreement to include pricing in accordance with Exhibit E, Master Subscription Services Agreement; and WHEREAS,the parties also desire to amend the Agreement to include pricing in accordance with Exhibit F, Cisco Subscription Service Agreement. NOW THEREFORE, known by all these present, City and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: I.AMENDMENTS 1.The Agreement is hereby amended to include pricing in accordance with Exhibit A-3, Statement of Work for Vendor to provide services to migrate the City’s corporate and store locations to Webex Calling Dedicated Instance, attached to this Fourth Amendment and incorporated herein for all purposes. 2.The Agreement is hereby amended to include pricing in accordance with Exhibit E, Master Subscription Services Agreement, attached to this Fourth Amendment and incorporated herein for all purposes. 3.The Agreement is hereby amended to include pricing in accordance with Exhibit F, Cisco Subscription Service Agreement, attached to this Fourth Amendment and incorporated herein for all purposes. 4. The total annual amount of the Agreement will remain at an amount not to exceed $3,200,000.00. Fourth Amendment to Fort Worth City Secretary Contract No. 63294 Page 2 of 6 II. MISCELLANEOUS All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Docusign Envelope ID: FA08254B-5659-4971-9948-ADC9CF3A5B5D Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: Dianna Giordano {Oct 17, 202512:12:47 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 10/17/2025 Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Department Attest: By: Name: Jannette S. Goodall Title: City Secretary VENDOR: ePlus Technology, Inc. By: �;,.�� Name: 7:5fi MHtallg11Hrt Title: SVP Contracts 10/14/2025 Date: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Robert Lee (Oct 14, 202516:35:33 CDT) Name: Bobby Lee Title: Sr. IT Solutions Manager Approved as to Form and Legality: Candace Paaliara By: CaadacePagllara/Oct17 202510,46,4 I Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0390 Approval Date: 05/13/2025 Form 1295: 2025-1298072 Fourth Amendment to Fort Worth City Secretary Contract No. 63294 Page 3 of6 Fourth Amendment to Fort Worth City Secretary Contract No. 63294 Page 4 of 6 EXHIBIT A-3 Statement of Work (Attached) 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 1 OF 11 STATEMENT OF WORK City of Fort Worth Statement of Work City of Fort Worth Webex Calling and Webex Contact Center Deployment SOW# City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 10/7/2025 Bobby Lee 100 Fort Worth Trail Fort Worth, TX 76102 817-392-2310 Bobby.Lee@fortworthtexas.gov ePlus Technology, inc. | www.eplus.com 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 2 OF 11 STATEMENT OF WORK City of Fort Worth 1.0 INTRODUCTION AND EXECUTIVE SUMMARY This Agreement and Statemen October 7th, 2025 City of Fort Worth . This SOW is governed by the signed TIPS230105 Contract for the provision of professional or consulting services by ePlus to Customer (the 1.1 EXECUTIVE SUMMARY OF THE SERVICES Customer has engaged ePlus to provide services to migrate their corporate and store locations to Webex Calling Dedicated Instance. As part of the telephony migration, ePlus will also be migrating the contact center to Webex Contact Center in the cloud. 1.2 DEFINITIONS Deliverable: A measurable indication of progress within a given phase, documentation in hard copy or electronic form such as analyses, reports, manuals, test results, or any other items as set forth in section 2.2. Milestone: A specific goal, objective, or event pertaining to services described in this SOW. Normal Business Hours: The hours of Monday through Friday 8:00 a.m. to 5:00 p.m. local time, excluding any federal and ePlus observed holidays. A list of ePlus observed holidays will be provided upon request. Products: Third-party hardware and/or software products are sold separately and are not deliverables. 2.0 SCOPE 2.1 SERVICES The Services that ePlus and/or its subcontractor shall provide will include: Software in Scope for Installation Up to 3,100 Webex Calling Professional Up to 1,550 Webex Calling Common Area Up to forty (40) Active Users Up to two (2) Survivability Nodes Migrate up to thirty (30) Analog gateways Phase 1 Planning/Design ePlus will conduct a kick-off meeting: Introduce the project team and review roles and responsibilities for Customer and ePlus Review project objectives and scope of work o Review task list o Review project deliverables and key milestones Identify acceptance criteria for project milestones Review delivery method and acceptance criteria for deliverables o Review project bill of materials Identify critical project deadlines Identify and secure critical dependencies/constraints, which may include: o Resource availability 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 3 OF 11 STATEMENT OF WORK City of Fort Worth o Work blackout dates o New service provider circuits o Customer maintenance windows o Review project change management procedures Discuss initial requirements needed by ePlus from Customer o Remote access to existing environment o Existing documentation Develop a plan for key or regularly scheduled Customer project meetings, which may include: o Schedule design meeting(s) o Schedule project status meeting(s) and frequency ePlus will conduct a remote design meeting: Review existing infrastructure Begin to identify end-state design Begin to develop a migration plan Phase 2 Build Webex Contact Center Configure up to (140) Standard and up to fifty (50) Premium Webex Contact Center concurrent licenses Convert up to one hundred and sixty (160) Scripts from UCCX Configure up to eighteen (18) Teams Configure up to one hundred and seventy-two (172) Queues Configure up to fifty (50) Call Back Queues o ePlus is only responsible for the Cisco WxCC side of this integration (Eleveo is to perform migration to Cloud). Configure SIP trunk between Webex Dedicated Instance and Webex Contact Center Phase 3 Build Webex Calling Dedicated Instance Review the existing collaboration environment Develop telephony design diagrams and supporting documents Configure Webex Calling DI to support Granite SIP Trunks Equinix environment Provision the Webex Control Hub to prepare for Webex Calling implementation Migrate data from existing Cisco Call Manager environment to new Cisco Webex Dedicated Instance environment Set up and configure Webex Control Hub for Directory Sync and SSO Assist Customer with third-party SIP trunks and devices such as fax servers, paging, etc. to migrate to Webex Calling DI o Eventide recorders for 911 recordings at Bolt and Alt-PSAP SIP trunks o Eleveo call recording for CFW call centers, PD Internal Affairs, Fire Arson Investigators o Paging across all CFW locations using Singlewire InformaCast SIP trunks o The Development Selectron IVR permitting system SIP trunk o Legacy paging systems at Water Department facilities, James Ave Service Center, IT-Telecom 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 4 OF 11 STATEMENT OF WORK City of Fort Worth Remote Survivability Node: o Customer to provide and configure required compute for node per Cisco. o ePlus to deploy, configure, and test up to two (2) survivability nodes. Phase 4 Cutover/Testing Perform up to one (1) remote cutover for Webex Dedicated Instance o Migrate up to thirty (30) Analog gateways o Provide up to (16) hours of remote post cutover support over a seven-day period o Test inbound calling to verify it is working as designed o Test outbound calling to verify it is working as designed o Test extension dialing to verify it is working as designed o Test 911 from fixed and non-fixed devices to verify it is working as designed Perform up to six (6) remote cutovers for Webex Contact Center o Provide up to eight (8) hours of remote post cutover support over a seven-day period after each cutover o Test inbound calling to verify it is working as designed o Test outbound calling to verify it is working as designed Framework for Webex Contact Center Cutovers o Helpdesk/Ops and Water Development o JEOC o Municipal Courts o Development o Police o City Call Center CCC Phase 5 Remote Training Remote training session(s) for Webex Contact Center Agents and Supervisors will be provided as follows: o Helpdesk/Ops and Police Up to (5) 1-hour sessions to cover all shifts for the agents o JEOC Up to (2) 1-hour sessions for agents o Municipal Courts Up to (2) 1-hour sessions for agents o Development Up to (2) 1-hour sessions for agents o Water Development Up to(2) 1-hour sessions for agents o City Call Center Up to (2) 1-hour sessions for agents o Supervisor Dashboard and Analytics For all departments up to (2) 1-hour sessions o Recordings provided for Supervisor and Agent training o Up to (1) quick reference guide for each department in a non editable format. 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 5 OF 11 STATEMENT OF WORK City of Fort Worth Phase 6 Project Closeout Project wrap up meeting and final documentation review Project Management Project Management Essentials is utilized when the management requirements for a project that is less complex in nature. The expectation is that the Project Manager will be working on tasks which may include call planning, resource scheduling, equipment confirmation, and project closeout. Most of the tasks will be completed by a Project Manager and will be handled remotely. 2.2 DELIVERABLES ePlus will provide Services only, and no Deliverables will be provided except as follows: ePlus will provide an electronic copy of the completed ePlus E911 Test Plan, including testing of the E911 functionality (Customer signature indicating agreement required). ePlus will provide an as- support the completed E911 operations in alignment with the design and test plan. 2.3 PLACE OF PERFORMANCE Unless otherwise specified elsewhere in this SOW, all on- Services will be performed remotely. 3.0 CUSTOMER RESPONSIBILITIES 3.1 GENERAL RESPONSIBILITIES During the course of this project, ePlus will require the support of Customer staff and computing resources. If the required Customer resources cannot be made available, the scope of the Services, estimated schedule (see section 5.1), or both may be affected. Customer agrees to provide the following: A work area suitable for the tasks to be performed and any required software or documentation. If Customer directly procures any hardware or software required for this project, Customer agrees to provide the hardware, software, and any accompanying support documentation or instructions. Ensure sufficient rack space, power, electric, cooling, etc. for new hardware is in place prior to implementation o Note: The Customer is responsible for moving existing equipment within a rack to make sufficient space for new hardware. ePlus resources are not responsible for moving existing equipment during the physical installation of new hardware. Customer is responsible for the removal and disposal of hardware being replaced as part of this project. Provide location for disposal of packing materials. ePlus will dispose of debris (cardboard, plastic, wood skids, Styrofoam, and other miscellaneous packing materials) in customer-supplied dumpster Customer will provide patch cables related to project unless otherwise specified in this SOW. A secure storage location for all equipment delivered to the Customer Site until the scheduled ePlus installation date, if applicable. Contact personnel to escort the ePlus resource(s) through the Customer Site. Access to the Customer Site during the work hours required for this project. Current network topology Electrical power outlets to support requirements of the installed network equipment 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 6 OF 11 STATEMENT OF WORK City of Fort Worth Provide a single technical point of contact, who is familiar with the IT environment and requirements, to work with ePlus engineering resource(s) throughout the project and act as a liaison between the Provide requested network diagrams/information to ePlus within two (2) days of the initial request. Customer represents and warrants that it has all right, title, and interest in and to any data furnished in connection with the Services and/or that it has obtained all necessary consents, permissions, and releases necessary for ePlus to perform its obligations under this SOW. Customer shall indemnify, defend, and hold 3.2 PROJECT SPECIFIC CUSTOMER RESPONSIBILITIES Provide all hardware, software, licensing, and support required for the deployment of Nomadic E911 unless otherwise stated in this SOW Customer is responsible to provide any state/local legislative E911 requirements to which Customer is subject for ePlus to incorporate in the design. Ensure all cabling is complete prior to Nomadic E911 implementation Provide ePlus resource with any required user or location information needed to complete the configuration of Nomadic E911 Provide ePlus with information needed for ERL to user/device mapping, including but not limited to: o Switch-port mapping information o IP subnet mapping information o Wi-Fi access point BSSID mapping information o If Customer does not have the information and would like an ePlus resource to gather the information, a change order to the existing SOW will be created to reflect the additional required labor with associated cost. Note: If ePlus is engaged to accomplish the above task, it should be noted that project timelines will be extended. Ensure all necessary carrier agreements are in place prior to Nomadic E911 configuration Ensure all agreements, ALI database format, and content have been confirmed with the appropriate provider/PSAP Customer is responsible for providing PSTN service that is available during implementation for testing purposes. o Project delays resulting from PSTN availability may result in a change order and additional charges. Ensure all necessary ELIN DIDs with E911 service have been obtained from carrier prior to Nomadic E911 configuration o Customer is responsible for ensuring the appropriate number of ELINs are associated to an ERL. Provide a list of any wireless, soft phones, analog, or third-party SIP phones that need to be manually entered into Nomadic E911 o Nomadic E911 may not automatically track these devices. o Customer is responsible for any moves/adds/changes that must be manually updated in Nomadic E911 following system Go-Live. Sign-off on ePlus Nomadic E911 Design document Sign-off on Systems/User Acceptance Test Plan that E911 is functioning as designed Send initial ALI information from project deployment (provided by ePlus resource in Excel format) to necessary provider(s) or PSAP(s) so ALI database is updated and notify ePlus when complete 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 7 OF 11 STATEMENT OF WORK City of Fort Worth Upon project completion, Customer is responsible for maintaining Nomadic E911 established design outlined in the Nomadic E911 Design document. o ePlus is not responsible for any change made by Customer that adversely affects Nomadic E911 functionality. Note if Customer changes the patch cable plugged into a port, there is the potential that the device now associated with that port is in a different ERL. If Customer does not change the ERL assigned to the port, the incorrect ELIN could be sent to the PSAP. Upon completion of the project, Customer is responsible for updating Nomadic E911 with any network infrastructure changes that may change the functionality of the system, including but not limited to moves, adds, changes, and deletions of phones, access points, or network devices Setting up and working with third parties, if required, to set up and maintain third-party PSAP provider/database 3.3 SYSTEM RESPONSIBILITIES Customer is responsible for providing all software and associated licenses. request for documentation or information needed for the project. Customer shall ensure that contracts with its own vendors and third parties are fully executed and enable and the performance of, all non-ePlus entities assigned to, or working on this project. ePlus will not be responsible for data loss. Backups should be performed prior to work starting. All data is the responsibility of the Customer. Should a manufacturer provide Customer with specialized or custom software unique to Customer, ePlus will not be responsible for any delays or failures to perform related to use of such software. ePlus shall not be responsible for support and maintenance of products. Unless otherwise specified in this SOW, ePlus shall not be responsible for any customization of, or labor to install software (except operating systems or firmware pre-installed by the manufacturer). Services do not include resolution of software or hardware problems resulting from third party equipment Services exclude any hardware upgrade required to run new or updated software. 4.0 ASSUMPTIONS 4.1 GENERAL ASSUMPTIONS The following assumptions were made to create this SOW. Should any of these assumptions prove to be incorrect or incomplete then ePlus may modify the price, scope of work, or Milestones pursuant to the Change Management Procedure set forth herein. ePlus assumes: -current time and materials rates plus travel and other related expenses. Any additional costs incurred by Customer as a result of delays shall be the sole responsibility of the Customer. 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 8 OF 11 STATEMENT OF WORK City of Fort Worth This SOW defines exclusively the scope of the Services. This SOW shall not apply to any purchase, support or maintenance of products, which are purchased separately. In the event ePlus is required to provide third party materials under this SOW (i.e. cables, racks, etc.), Customer shall be responsible for any costs, maintenance, and/or warranty obligations therein. Acceptance tests conducted in respect of the Services shall apply only to such Services and shall not constitute acceptance or rejection of any Product purchased or licensed separately by Customer. The schedule shall be extended up to thirty (30) days for any personnel change requests made by Customer. Customer acknowledges that at any time during the project, if progress is stalled, by no fault of ePlus, for more than twenty (20) contiguous business days, ePlus reserves the right to issue a Milestone Completion Certificate for work that has been completed. If Services include any assessments , Customer understands that no guaranty is made by ePlus or its subcontractors that such assessments will detect all security weaknesses, potential security problems, vulnerabilities, or potential breaches. ePlus does not guarantee that recommendations or actions undertaken pursuant to this SOW will completely address all issues identified or not identified. o If an ePlus Subcontractor is used to perform the security assessment/audit services, the data will be shared with ePlus for gap analysis and recommendation purposes. If Services include the implementation of any system dealing with Emergency 911 (E911) Services, including but not limited to phone systems, the Customer is responsible for ensuring its 911 dialing is ePlus encourages customers to consult with their counsel regarding this matter. Documents are created using ePlus templates (structure and format) and delivered to Customer in softcopy only. Customization to deliverable documents (structure, format, and/or other non-standard content) must be handled via a Change Request (CR) unless explicitly stated in this SOW. ePlus Deliverable Documents include up to two (2) revisions, per document, based on Customer feedback. Subsequent revisions will require a CR or separate SOW. 4.2 PROJECT SPECIFIC ASSUMPTIONS Calls and meetings will be scheduled at a mutually agreeable time between Customer and ePlus resources. The calls and meetings will be scheduled through ePlus Project Manager. Services schedule reflects work effort based on non-contiguous business days and does not include a full- time ePlus Engineer for staff augmentation during the project. will also program additional 911 dialing options, such as with a prefix (9-911); however, ePlus will not configure the system to use an emergency number other than 911. Customer may elect to use the additional dialing options once ePlus has completed configuring the system to use 911, however, in doing so, Customer assumes all liability and agrees to indemnify and hold harmless ePlus for its decision to use the additional dialing option. The network is comprised of network infrastructure capable of supporting the Nomadic E911 functionality. At least one (1) unique DID is required per ERL. This DID will be subscribed to E911 service with the carrier. notified upon a 911 call. 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 9 OF 11 STATEMENT OF WORK City of Fort Worth In the event a PSAP is unavailable at the time of Go-Live for the new phone system, a delay in Go-Live will occur to verify E911 functionality is present and operational. ePlus will invoice the final milestone and is regulations) for telephony systems in use in the United States. 5.0 PERIOD OF PERFORMANCE 5.1 ESTIMATED TIMELINE The estimated timeline for the Services will begin within thirty (30) days after execution of this SOW and continue for not more than twelve (12) months. If Services have not been scheduled at the execution of this SOW, a timeline should be developed mutually by the Parties and agreed to before each phase of the Services begins. The actual start date will depend on the following considerations: Scheduled availability of a qualified systems engineer Receipt of Product and any necessary equipment Receipt of signed SOW from Customer prior to proposed start date Receipt of purchase order from Customer 5.2 TERMINATION Either Party may terminate the SOW for any reason on thirty (30) days prior written notice to the other Party. Upon any such termination, ePlus will be paid all fees and expenses which have been incurred or earned in connection with the performance of the Services through the effective date of such termination. Additionally, in the event Customer cancels any Services with less than two (2) weeks prior notice, Customer shall reimburse ePlus for any non-refundable expenses incurred in preparation for such cancelled Services. 6.0 PRICING AND PAYMENT TERMS For the Services performed under this SOW, Customer agrees to pay ePlus a fee of $220,786.00 (, plus any applicable taxes, as specified. Milestones are as follows: TITLE: DESCRIPTION: AMOUNT: Milestone 1 SOW Acceptance and Signature $110,393.00 Milestone 2 Project Completion $110,393.00 The Pricing in this SOW is valid for sixty (60) days from delivery to the Customer. Customer shall issue a purchase order adequate to cover the Fee prior to commencement of Services. Fees for additional services related to but not defined in this SOW will be on a time and materials basis at a rate set forth in a written amendment or Change Request. All tasks under this SOW will be completed during Normal Business Hours. 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 10 OF 11 STATEMENT OF WORK City of Fort Worth Payment is due pursuant to the agreed-upon terms in the Agreement. Customer acknowledges that ePlus may participate in and retain the benefit of incentive plans or other programs with, among others, its travel providers wherein ePlus may receive benefits, such as frequent flier miles or other consideration for corporate travel volume. Fees, expenses, and other charges for the Services do not include sales, use, excise, value added, or other applicable taxes, tariffs, or duties. Payment that may be due on such amounts, and shall be the sole employment or independent contractor relationship between ePlus and its personnel). 7.0 ACCEPTANCE OF MILESTONES OR SERVICES following forms of acceptance: Signed work order or time sheet; or ; or Project completion document Customer has five (5) working days from the completion of the Services or Milestone, as applicable, to accept the work performed as being complete. Signing of the MCC, approving the time sheet respond to the approval request of the Milestone or time sheet and that Services have been performed in accordance with the SOW. In order to refuse acceptance of the Services, Customer must provide ePlus with full details that show that Services do not conform to the SOW. ePlus shall address such non-conformance in a timely manner and shall compile an action plan to correct any deficiencies. The acceptance process shall be repeated until all deficiencies have been resolved and the Services meet the requirements of the SOW. Acceptance may not be withheld due to defects in Services that do not represent a material non-conformance with the requirements of the SOW. 8.0 CHANGE MANAGEMENT PROCEDURES Any change to the scope of Services or the obligations of the Parties under this SOW shall be set forth in a mutually Party and will describe the nature of the change, the reason for the change, and the effect of the change on the scope of work, Deliverables and/or the schedule. The Parties will negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. 10/7/2025 City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 PAGE 11 OF 11 STATEMENT OF WORK City of Fort Worth 9.0 SOW ACCEPTANCE This SOW # City of Fort Worth-Webex Calling and Webex Contact Center Deployment-153246 is acceptable. Please sign and return to Steve Hughes at texasservicesmanagement@eplus.com. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have caused this SOW to be executed. ePlus Technology, inc. City of Fort Worth AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE PRINTED NAME PRINTED NAME TITLE TITLE DATE DATE PO# Fourth Amendment to Fort Worth City Secretary Contract No. 63294 Page 5 of 6 EXHIBIT E Master Subscription Services Agreement (Attached) MASTER SUBSCRIPTION SERVICES AGREEMENT STATEMENT OF WORK CITYOFFORTWORTH-WEBEXCC-001-168567 Pursuant to the TIPS 230105 Cooperative Agreement ( by and between City of Fort Worth or In the event of a conflict between this and the Agreement, the terms and conditions of this SOW shall prevail Service Offering: Cisco Webex Contact Center Service Term: 60 Months Start Date: 12/27/2025 Customer agrees to furnish ePlus written or electronic acknowledgment of the commencement of services, in a form requested by ePlus. cooperation and is subject to the requirements set forth in the End of Term/Renewal: Will not automatically renew. Customer is responsible for formally renewing these Services by notice to ePlus prior to expiration of the Service Term in order to ensure continuous coverage Term Commitment. commitment to the Service Term described in this SOW and that ePlus will be substantially damaged in amounts that will be difficult or impossible to determine if Customer terminates the Services early. Therefore, notwithstanding anything to the contrary in the Agreement, Customer may not terminate this SOW without cause. Termination for convenience does not apply to this SOW. Without limiting the foregoing, in the event of early termination, Customer shall pay to ePlus a termination fee equal to the amount of all non-recurring and recurring charges set forth in this SOW which would terminate the Services in subsequent fiscal years due lack of funding from appropriated and other lawful sources, provided that Customer shall use its best efforts to obtain annual appropriations for the full-Service Term and that any termination for non-appropriation must be in whole and not in part. Services; Service Descriptions. ePlus shall provide the Services associated with the Service Offering set forth above. Services are provided in accordance with the applicable service description document as updated from time to time by will make updated Service Descriptions available to Customer electronically. Service levels will not materially diminish without a mutually agreed change order. ePlus System Maintenance. ePlus at times will perform routine or emergency system maintenance, which may impact monitoring and other Services. ePlus will provide as much advance notice as practical to Customer, including estimated impact and duration of Service outage. ePlus Personnel. Warranty and Disclaimers. During the Service Term, ePlus will provide the Services using reasonable care and skill in accordance with the Service Description and SOW. ePlus does not warrant that Services will be uninterrupted or error- free. ePlus makes no warranties with respect to hardware, software or maintenance, support or services created or licensed by third parties except that if applicable ePlus will pass through all third-party warranties to Customer. To the extent Services include managed security services or assessments, no guaranty is made by ePlus or its third-party providers that such Services will detect all security weaknesses, potential security problems, vulnerabilities, or potential breaches. ePlus does not guarantee that recommendations or actions undertaken during the Agreement will completely address all issues identified or not identified. EPLUS DISCLAIMS ALL OTHER WARRANTIES RELATING TO THE SERVICES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR OTHERWISE. Customer Resources and Information. Customer acknowledges that for ePlus to perform the Services, Customer must make certain personnel or other requested resources available to ePlus in a timely manner. Failure to do so may prevent ePlus from onboarding or providing the full benefits of the Services. Customer must furnish the required information for onboarding within thirty (30) days of the execution of this SOW to ensure timely commencement of Services. If such required information and cooperation is not provided within sixty (60) days after execution of the SOW, ePlus may begin monthly billing under this SOW, and Customer agrees to pay the amounts due. However, ePlus will use all commercially reasonable efforts to provide such support as practical until onboarding is complete. VPN Access and Monitoring Devices. Customer agrees that ePlus may install a VPN router and/or hardware necessary for the performance of monitoring responsibilities as outlined in an applicable Service Description. Customer must provide network connectivity for such devices. The benefits of certain Service offerings are dependent on data collection will result in forgoing the related value-added deliverables. Compliance and Back Ups. Customer is responsible for its content, material and data made available or transmitted in connection with the Services and for its compliance with federal, state and local laws and acceptable use policies of any third-party vendors. Additional Customer responsibilities are listed in the Service Descriptions. Customer must back-up and protect all data against loss, damage, or destruction. Customer Hardware Maintenance. responsible for support and maintenance of devices in its environment. ePlus may adjust or discontinue Services with thirty (30) day notice on devices not under maintenance. Limitation of Liability. Services shall not exceed the amounts paid or payable under this SOW. Service Information: In addition to the services described in the Service Description Document, Customer is agreeing to the below. Webex Contact Center Premium Concurrent Managed Agent Count 45 Webex Contact Center Standard Concurrent Managed Agent Count 180 Eleveo Agent (Managed) 375 Eleveo Quality Management (Managed) 78 Eleveo Quality Management Screen Capture (Managed) 57 Fees: Pursuant to the Agreement, Customer hereby orders the Services and agrees to pay to ePlus the fees indicated below, plus any applicable overages incurred as detailed below. ePlus shall invoice any one-time fees upon execution of this SOW. Recurring fees shall be invoiced annually, in advance, commencing upon the Start Date. Monthly Recurring Fees Per Unit Monthly Amount Webex Contact Center Premium Concurrent Managed Agent Count $134.09 $6,034.05 Webex Contact Center Standard Concurrent Managed Agent Count $92.03 $16,565.40 Eleveo Agent (Managed) $17.70 $6,637.50 Eleveo Quality Management (Managed) $31.10 $2,425.80 Eleveo Quality Management Screen Capture (Managed) $36.31 $2,069.67 Total One-Time Fees $0.00 Total Monthly Fee $33,732.42 Total Annual $404,789.04 Total Credits ($38,556.00) Total Contract $1,985,389.20 Year 1: $366,233.04 Year 2: $404,789.04 Year 3: $404,789.04 Year 4: $404,789.04 Year 5: $404,789.04 In addition to the Total Contract Fee set forth above, Customer shall be responsible for overage fees as outlined in the below table incurred during each month of the contract for each applicable license type. Overages are calculated each month when the total number of licenses used exceeds the total number of committed licenses, or Agent Counts, set forth SOW. Overage Fees Per Unit Webex Contact Center Premium Concurrent Managed Agent Count $134.09 Webex Contact Center Standard Concurrent Managed Agent Count $92.03 Eleveo Agent (Managed) $17.70 Eleveo Quality Management (Managed) $31.10 Eleveo Quality Management Screen Capture (Managed) $36.31 Webex contact center service Customer Requirements: In accordance with federal and local regulations where noted, and to assist ePlus in providing contracted services, Customer agrees with the following: Customer is responsible supporting and maintaining all third-party integrations with the Service. Customer acknowledges that the Service requires the Customer to have telephony services and/or public switched PSTN connectivity, and that ePlus is NOT a telecommunications provider and therefore cannot provide to the Customer any PSTN connectivity as part of this Service. Customer acknowledges that the ePlus Service requires the Customer to provide agents with dial tone functionality, whether on-premises or cloud hosted, that allows for Webex Contact Center integration. Customer acknowledges that invoicing and the commencement of the Term for the Service may take place prior to having a fully functional contact center. Invoicing and the start of the Term occurs when Customer licenses are provisioned in Webex Control Hub. Customer acknowledges that its environment WILL be upgraded in accordance with Cisco upgrade policy and schedule. There is NO option to remain on a Customer preferred version once an upgrade has been mandated by Cisco. Customer acknowledges that Cisco reserves the right to change the program at any time and is effective within 90 days of the written notice by Cisco (via email). ePlus will make Customer aware of relevant Cisco mandated changes to the Webex Contact Center Program. Customer acknowledges that ePlus relies on its partner, Cisco, to provide the Services. In the event Cisco cancels or otherwise terminates its Webex Center Service, this SOW may be terminated by ePlus. ePlus will provide as much notice as possible prior to any such termination. Customer acknowledges that, while the license bundles purchased may include other services (e.g. Speech Enabled IVR Port, Quality Management Named Agent), this contract does not include any support for optional add-ons to the Service. Without limiting the foregoing, Customer acknowledges that ePlus is not responsible for compliance with laws applicable to fully comply with all statutory and regulatory obligations applicable to the Services. This includes, but is not limited to, compliance with lawful intercept regulations, obtaining all required approvals and licenses, and payment of regulatory taxes or fees. In order to call telephone numbers using PTSN services, Customer must contract with a third party PSTN provider. Customer acknowledges that PSTN services are not a complete replacement for voice services and that emergency calling operates differently with PSTN services. Customer is responsible for verifying the effectiveness of all emergency services calling and ensuring its 911 dialing complies with law. Customer agrees that its usage statistics, personally identifiable information or proprietary network information (such as call logs and information related to calls) may be provided to ePlus, Cisco and the PSTN provider as needed to provide the PSTN services. Additional Terms for Software as a Service powered by Cisco: The Services are powered by Cisco and are subject to any end user agreements, terms of use, service descriptions, policies and this SOW, submitting an order for Cisco Software-as-a-Service (SaaS) Offerings, or using the Service, Customer agrees to all applicable End User Terms and is solely responsible for any and all claims, liabilities, damages, expenses, penalties, fees and/or services include, without limitation, the following: The following Cisco End User Terms apply to all Cisco SaaS Offerings: o the Cisco End User License Agreement and any applicable Supplemental End User License Agreements and Offer Descriptions at: http://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html The following terms apply to Cisco Enterprise Agreement offers: o Enterprise Agreement offers are subject to the applicable End User Program Terms for Cisco Enterprise provided by ePlus or Cisco. Additional Terms for Services Powered by Eleveo: are being resold to Customer. Services shall be performed according to the documentation provided by Eleveo. Customer agrees to abide by all licensing provisions or end user agreements imposed by Eleveo or software publisher, including the Eleveo EULA attached as Addendum A, the Eleveo Cloud Terms of Service attached as Addendum B and applicable Annexes included hereto. Customer Billing and Contact Information: Invoicing Procedural Contact Name Title Street Address City, State, Zip Email Phone Phone (direct) ePlus reserves the right to alter contract terms and pricing if not signed within 90 days from Revision Date. (Revision Date resides in document footer). Customer has read and understands the ePlus Service Description for the Service Offering and agrees to the terms set forth in the Agreement and this SOW. ePlus Technology, inc. City of Fort Worth By: By: Name: Name: Title: Title: Date: Date: Addendum A End User License Agreement End User License Agreement EULA Version 5.2 Issued January 2023 Eleveo Czech Republic, a company registered and existing under the Laws of the Czech Republic, however in case the EULA is concluded when you reside in the United States, Canada, Mexico or any state located in the Central or South America, then Eleveo This EULA is a legal agreement between you (either an individual, single entity or companies and affiliates) and Eleveo setting forth the terms and conditions for your use of the Eleveo (Eleveo) Software accompanying this EULA which includes computer software, any updates to it, all Eleveo and third-party proprietary rights, relevant data carriers and documentation in any form, including, without limitation, electronic form, supplied by Eleveo to you in any form through any medium (collectively, the Software Offer Purchase Order the terms of this EULA and have the authority to enter into this EULA. If you do not agree to the terms of this EULA, you are not authorized to install, download or use the Software in any manner. This license is not a sale of the Software and you do not become the owner of the Software through your purchase of any product, download and/or use. Eleveo retains ownership of the Software and all copies thereof and all related intellectual property rights, and reserves all rights not expressly granted to you under this EULA. No property rights of Eleveo are transferred to you by virtue of your acceptance of the Software or the terms and conditions of this EULA. ereof and all related intellectual property rights, and reserves all rights not expressly granted to you under this EULA. No property rights of Eleveo are transferred to you by virtue of your acceptance of the Software or the terms and conditions of this EULA. Section 1. Grant of License Eleveo hereby grants to you a non-exclusive license, subject to the terms and conditions of this EULA only and limited to: A. Use the Software in accordance with the accepted Offer and Purchase Order. B. Use the Software solely for your internal purposes within the functional scope that is exclusively stated in the documentation provided to you by Eleveo. C. Make one (1) copy of the Software in machine-readable form solely for back-up purposes. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software. D. Use the Software in connection with multiple systems, networks, servers, or emulations on a computer, provided, however, that you may not use the Software on more extensive level than reflected in Offer and Purchase Order which are material and integral part of this EULA. However, you are authorized to use the text of any documentation when preparing internal instructions or manuals for your employees, in which case Eleveo is not responsible for mistakes in documents so derived. The Software is or will be protected by Czech copyright law, U.S. copyright law, your country copyright law, other countries copyright law and international copyright laws and treaties. Eleveo is or shall be the owner of the copyrights, patents and other intellectual property rights with respect to the coding embedded in the Software. E. You authorize Eleveo to collect from your computers certain identifying information about your computers (i.e., the operating system, CPU, and terminal ID) as well as information about the Software installed (i.e., version, the region and language codes) for the sole purpose of tracking your compliance with this EULA. If you do not consent to the collection of this information, you may not install, download or use the Software. You consent to having your name listed on Eleveo media communications, in any format, necessary to reflect the business relationship with you. F. You are obliged to pay the license fee in the amount stated in the invoice provided to you by Eleveo and in accordance with Offer and Purchase Order. You are allowed to use Software within the scope of rights under this EULA (hereinafter the License the license fee, you may use the Software only temporarily and solely for the purpose of the implementation of the Software in accordance with the accepted Purchase Order. If you have paid the license fee within its due date, you are provided with activated commercial license file which enables the Software functionalities/features in accordance with the scope of rights under this EULA. In the event that you fail to pay the license fee within the due date, the License hereunder terminates and ceases to exist as of the first day of your delay with the payment of the license fee. In such case, you are not allowed to use the Software in any way, unless you have agreed with Eleveo in writing on a renewal of the License. G. You are allowed to use the Software in the territory stated in the Offer and Purchase Order and other locations approved by Eleveo. Section 2. Restrictions A. The Software contains trade secrets and confidential information, and in order to protect them, you may not, except as otherwise stated in this EULA or expressly permitted by mandatory provisions of applicable law: (i) MAKE OR DISTRIBUTE COPIES OF THE SOFTWARE OR ANY PART OF IT TO OTHERS OR ELECTRONICALLY TRANSFER THE SOFTWARE FROM ONE COMPUTER TO ANOTHER OVER A NETWORK OTHER THAN YOUR OWN; (ii) DECOMPILE, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REVERT THE SOFTWARE TO A HUMAN-PERCEIVABLE FORM; (iii) ALTER OR REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROTECTIVE NOTICES CONTAINED ON OR IN THE SOFTWARE; (iv) YOU MAY NOT MODIFY, ADAPT, TRANSLATE, DISTRIBUTE, OR CREATE OR HAVE CREATED DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF; (v) YOU MAY NOT RENT, LEASE, LOAN, SELL, SUBLICENSE, ASSIGN, TRANSFER OR OTHERWISE DISPOSE OF YOUR RIGHTS IN THE SOFTWARE, IN WHOLE OR IN PART. B. Authorized Users within its functional scope solely for your business internal purposes. Only Authorized Users may exploit the License granted to you by this EULA. Other eventual users of the Software must be awarded express written permission of use by Eleveo. C. Notice of License Terms to Authorized Users. You shall make all reasonable efforts to provide Authorized Users with an appropriate notice of the terms and conditions under which the License to the Software is granted under this EULA, including, without limitation, any and all limitations on access or use of the Software as set forth herein. D. In the event you know or reasonably should have a reason to know that the Software has been or is being used in a manner inconsistent with the terms and conditions of this EULA, by you, your employees, agents, representatives, authorized or unauthorized individual with access to the Software, you shall inform Eleveo immediately in writing and agree to assist Eleveo and its legal representatives in the resulting investigation thereof. You are responsible for any misuse of the Software or other breach of this EULA occasioned by your misfeasance. Notwithstanding the foregoing and without prejudice to any other rights of Eleveo under applicable law, Eleveo may: (i) terminate any unauthorized access to the Software; (ii) terminate the access of the Internet Protocol address(es) from where the unauthorized use occurred; or (iii) terminate this EULA with immediate effect by delivery of a notice to you. Section 3. Term A. This EULA becomes valid and effective upon the acceptance of the Offer and sending a Purchase Order by you and the delivery of the same to Eleveo as described in the preamble of this EULA. The license to use the Software is granted: I. In case of commercial licensing, for an indefinite period of time, unless terminated pursuant to this Section 3. II. In case of subscription licensing, for a definite period of time, as specified in the Purchase Order. B. Without prejudice to any other rights on the side of Eleveo, Eleveo is entitled to terminate the License with immediate effect by and upon delivery of a notice to you in case you fail to comply with any provisions of this EULA. The license will terminate automatically without notice from Eleveo if you materially breach any provisions of this EULA. C. Upon termination of the license granted under the conditions laid in this EULA, you must destroy all your copies of the Software immediately. The license fee, as stated in the invoice, shall not be recovered in case of termination hereof. D. You may not unilaterally terminate the License or the EULA. Section 4. Foreign Export You agree and certify that neither the Software nor any related technical data is being or will be shipped, transferred or re- exported, directly or indirectly, into any country in violation of any applicable laws or regulations of the Czech Republic, the United States, the country in which it was obtained or any applicable laws and rules of European Union. Section 5. Disclaimer of Warranty A. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND ELEVEO, ITS AFFILIATES, EMPLOYEES, PARTNERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELEVEO, ITS AFFILIATES, EMPLOYEES, DISTRIBUTORS, PARTNERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ELEVEO, ITS AFFILIATES, EMPLOYEES, PARTNERS, OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF ELEVEO, ITS AFFILIATES, EMPLOYEES, PARTNERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS EULA AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. TO THE EXTENT PERMITTED BY LAW ELEVEO'S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSES HEREUNDER SHALL BE LIMITED TO ACTUAL DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF ELEVEO AND WILL NOT INCLUDE LOSS OF PROFIT. FURTHER TO THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, THE EXTENT OF ELEVEO'S OBLIGATION TO REIMBURSE YOU FOR LOSSES HEREUNDER SHALL BE LIMITED IN SUCH MANNER THAT ELEVEO'S LIABILITY SHALL NOT EXCEED THE APPLICABLE PRICE PAID BY YOU UNDER THIS EULA. TO THE EXTENT PERMITTED BY LAW ELEVEO WILL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS EULA OR OTHERWISE FOR LOSS OR DAMAGE TO DATA, LOSS OF BUSINESS OR LOST PROFITS. B. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL ELEVEO, NOR ANY OF ITS AFFILIATES, EMPLOYEES, PARTNERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE LICENSED OR FURNISHED BY ELEVEO OR ANY OF ITS AFFILIATES, EMPLOYEES, PARTNERS OR AGENTS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS EULA. C. ELEVEO HEREBY RESERVES THE RIGHT TO MODIFY, ADAPT, TRANSLATE OR IMPROVE THE SOFTWARE AT ANY TIME. Section 6. Specific Provisions If you are a U.S. Government End User, the following paragraph A shall apply. A. The Software and documentation in any form are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Section 7. Governing Law This EULA is governed by and shall be construed in accordance with substantive laws, i.e. without regard to its conflicts of laws principles, in force (a) in the State of Tennessee, if this EULA is concluded when you reside in the United States, Canada, Mexico or any state located in the Central or South America, or (b) in the Czech Republic, if this EULA is concluded when you reside in any other jurisdiction not described above. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Section 8. Dispute Resolution In the event a dispute arises under or in connection with this EULA, you hereby consent to personal jurisdiction of the state and federal courts of Tennessee when the law of Tennessee applies. When the law of the Czech Republic applies you hereby consent to have the disputes finally decided by the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic by three arbitrators in accordance with the Rules of that Arbitration Court, whereas the Party that is unsuccessful in the dispute shall be obliged to reimburse the other Party for the costs of the proceedings. Section 9. Severability If any provision of this EULA is held to be unenforceable, in whole or in part and for any reason, such holding will not affect the validity of the other provisions of this EULA and the other provisions shall remain in full force and effect. Section 10. Integration This EULA sets forth the entire agreement and understanding between you and Eleveo, and supersedes and replaces any and all other communications, understandings, and agreements relating to the subject matter of this EULA, whether written or oral. Section 11. No Waiver The failure of any party to insist upon strict performance of any of the terms or provisions of this EULA, or the exercise of any option, right or remedy contained herein, shall not be construed as a waiver of any future application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect. Section 12. Headings The headings of the sections of this EULA are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this EULA. Section 13. Survival Except as otherwise expressly provided herein, the provisions of Sections 2, 3, 5, 6, 7, 8 and 10, together with any provisions that by their express terms or context apply to periods after termination of this EULA, shall survive termination of this EULA for any reason. For the avoidance of doubt, the survival shall not imply or create any continued right to use the Software after termination of this EULA. Section 14. Modifications This EULA can be modified by mutual agreement in writing only. Section 15. Third-Party Rights Third-Party rights and licenses are available on the website help.eleveo.com or Eleveo Portal. Addendum B Cloud Products Terms of Service TERMS OF SERVICE Relating to ELEVEO cloud products Version 1.5 issued January 2025 1. Introductory Provisions 1.1 -based platform software products Products Product"), a workforce optimisation cloud solution. 1.2 ToS Agreement Client Parties part of any Agreement even if the Agreement does not explicitly refer to them. 1.3 Subject to the ToS, in exchange for the relevant fees (Section 8 below), Eleveo shall provide or shall cause to be provided to the Client, the following services Services (a) access to, and use of, the cloud-based Products; (b) Eleveo Customer Care (c) services purchased by Client from Eleveo and provided by Eleveo or its Contractors, including, but not limited to, professional services, consultancy and Professional Services (d) other services specified in the Agreement, as the case may be. 1.4 Eleveo may unilaterally amend these ToS (including any terms and conditions referred to in these ToS and attached as Annexes). The Client shall be notified of any such amendment via e-mail or any other means. Any amendment to the Amended ToS By each access to Products and use of the Services by the Client following the notification of the Amended ToS, the Client agrees to be bound by and accepts the Amended ToS. 1.5 In the event of a conflict between the Agreement and these ToS, the Agreement shall prevail. 1.6 Any terms and conditions referred to in these ToS and/or attached to these ToS as Annexes form an integral part of these ToS. Any reference to these ToS implies also the reference to any of its Annexes or other terms referred to in these ToS. 2. Conclusion of the Agreement 2.1 A Client interested in using Products shall contact Eleveo and outline its request to have access to Products and the Services. 2.2 Upon the Client's request Eleveo issues an offer to the Client based on available Billing Models (Section 8 below) Offer of any such Offer. 2.3 Upon the Client's request Eleveo issues an offer to the Client based on available Billing Models (Section 8 below) of any such Offer. 2.4 Notwithstanding the provisions of Section 2.3, the Agreement shall also be deemed concluded upon the payment of any fee related to any Services or any use of Products and/or the Services by the Client. 2.5 The Offer is valid for 30 calendar days, unless expressly indicated otherwise in the Offer. Eleveo is not bound to provide the Services referred to in the Offer unless the Agreement has been duly concluded based on the Offer pursuant to Section 2.3. 2.6 Without Eleveo's explicit prior written consent, Eleveo is not bound by any terms or conditions other than the Agreement and these ToS (as well as any other terms and conditions referred to in these ToS or the Offer) which the Client might submit upon the acceptance of the Offer. The Parties expressly acknowledge and agree that their contractual relationship in relation to Products and the Services is governed solely by the Agreement and these ToS (as well as any other terms and conditions referred to in these ToS or the Agreement). Eleveo hereby explicitly excludes the possibility for the Client to accept the Offer with an addendum or a variation. Any terms and conditions of the Client are excluded as well. 2.7 For the specification and scope of the Services, the concluded Agreement is binding. To the extent requested by Eleveo, the Client shall hand over all relevant and materially correct technical specifications to Eleveo. The Client shall familiarize themselves with all the required functions or qualitative parameters, familiarize themselves with the purpose of the Services and with all the relevant circumstances (including the user interface and operating conditions for which Products are intended). 2.8 leveo, the Client shall hand over all relevant and materially correct technical specifications to Eleveo. The Client shall familiarize themselves with all the required functions or qualitative parameters, familiarize themselves with the purpose of the Services and with all the relevant circumstances (including the user interface and operating conditions for which Products are intended). 2.9 The Client is responsible for all information, data, specifications and/or documents provided to Eleveo for the purposes of the Offer and/or the provision of the Specifications Specifications and is not obliged to verify or review them. 2.10 In the event of uncertainties or discrepancies resulting from the Client's Specifications, or in the event of unclear instructions from the Client provided to Eleveo, Eleveo is entitled to request further Specifications and explanations from the Client and suspend provision of the Services until the discrepancies have been clarified to the satisfaction of Eleveo. 2.11 If any Specifications presented or modified by the Client following the conclusion of the Agreement require a change to the scope of the Services or the method of their performance as agreed in the Agreement, or if, during the provision of the Services there appears a need for additional work and/or the Services that Eleveo could not have anticipated from the Specifications at the time of conclusion of the Agreement, the Client undertakes to compensate Eleveo for any such additional work. 2.12 The Client declares that he/she has the capacity and, where applicable, has obtained all the necessary permits to conclude the Agreement including these ToS and to perform the Agreement and comply with the commitments thereunder. 3. Provision of the Services and Access to Products 3.1 Eleveo will provide access to Products (meaning access to Products user interface) to the Client following the conclusion of the relevant Agreement, however no earlier than within one (1) business day following the day on which the Client has fully paid the payment pursuant to an invoice issued to the Client by Eleveo according to Section 8.3. The access shall be provided by sending access (activation) details to the Client by e-mail. In the event of the Client's delay with the payment of the payment, Eleveo may withdraw from the Agreement pursuant to Section 15.2. The Agreement may specify other conditions to providing access to Products, such as payment of fees other than the advance payment. 3.2 es other than the advance payment. 3.3 other than the advance payment. 3.4 After Products are made accessible to the Client, the Client may enter the Products user interface and use its functionalities in accordance with these ToS. 3.5 Access to Products will be terminated immediately upon the termination of the provision of the Services (and/or the Agreement). The Client expressly agrees to this arrangement and confirms that Eleveo is not liable for any damage, loss of data or any other harm or inconvenience that the Client may incur as a result of the loss of access to Products. 4. Resale of the Services 4.1 Partner Services (including Products) purchased from Eleveo to its end-End-Users End-User -User is prohibited from reselling the Services. 4.2 The Partner agrees to be bound by these ToS (as well as any other terms and conditions referred to in these ToS) to the full extent as any other Client. 4.3 The relationship between Eleveo and the Partner is governed by the Agreement and these ToS. If the Partner resells the Services to any End-User, the Partner's relationship with the End-User is governed by the Partner's agreement with such End-User. The Partner agrees and shall ensure that any End-User shall accept and be legally bound to the same extent as a Client vis-à-vis Eleveo by these ToS (and any Amended ToS). These ToS (and any Amended ToS) will then apply to the End-User proportionally, to the extent of all provisions which may be reasonably applied to the relationship between Eleveo and the End-User. The Partner further agrees to ensure that the End-User shall not further resell the Services. The Partner shall be liable to Eleveo for any damage incurred as a result of the failure to make these ToS (to the aforementioned extent) legally binding upon any End-User. In addition, in case of such failure, the Partner shall be liable to Eleveo for any breach of any provision of these ToS by the relevant End-User to the same extent as if Partner itself committed such breach. 4.4 Any End-User having accepted these ToS in the extent set forth in Section 4.3 shall have the right to benefit from Eleveo Customer Care as set forth in SLA, safe that End-User (unlike the Partner) has no right to receive from Eleveo any credits referred to in Section 5.2 of SLA. 5. Rights and Obligations of the Client 5.1 Client agrees to provide Eleveo with all appropriate cooperation in sake of the successful use of Products and the successful provision of Services by Eleveo. 5.2 Client undertakes to pay all applicable fees to Eleveo (Section 8) and Eleveo undertakes to provide the Services as set forth in the Agreement and the ToS. 5.3 The Client shall provide to Eleveo correct, complete and true contact information when concluding the Agreement for the purposes of the performance of this Agreement, invoicing the provided Services and the communication between the Parties. Client shall maintain and, if necessary, update his/her contact details by sending the updated details to Eleveo by e-mail. 6. Rights and Obligations of Eleveo 6.1 Eleveo shall provide the Services, or cause the Services to be provided, in a timely, professional, and workmanlike manner and shall ensure the continuous operation of Products and provision of Services to the extent as specified in SLA Annex 1 and an inherent part to these ToS. 6.2 Eleveo makes no warranties, either express or implied, including without limitation any implied warranties of merchantability, or fitness for a particular purpose. Without limiting the generality of the foregoing: (i) Eleveo does not warrant that the Services will be performed without error or omissions or immaterial interruption; and (ii) Eleveo provides no warranty regarding, and will have no responsibility for, any claim arising out of: (a) a modification of the Services made by anyone other than Eleveo unless authorized in writing by Eleveo in which case modifications shall be carried out exactly according to Eleveo's instructions; (b) use of the Services in combination with any operating system, hardware or software forbidden by Eleveo in the Agreement; (c) any service interruptions, including, without limitation, power outages, system failures or other interruptions beyond the control of Eleveo; or (d) reasons that could not be avoided, such as, for instance, force majeure events, accidents, outages of public telecommunication networks, hacking attacks, but also actions necessary to ensure the operation or security of the Services, such as, for instance, 6.3 nation with any operating system, hardware or software forbidden by Eleveo in the Agreement; (c) any service interruptions, including, without limitation, power outages, system failures or other interruptions beyond the control of Eleveo; or (d) reasons that could not be avoided, such as, for instance, force majeure events, accidents, outages of public telecommunication networks, hacking attacks, but also actions necessary to ensure the operation or security of the Services, such as, for instance, hardware maintenance, software upgrades as set forth in the SLA. Eleveo is not liable for outages of Services caused by facts or events listed in the previous sentence, nor is it liable for any losses incurred by the Client as a result of such outages. 6.4 hardware maintenance, software upgrades as set forth in the SLA. Eleveo is not liable for outages of Services caused by facts or events listed in the previous sentence, nor is it liable for any losses incurred by the Client as a result of such outages. 6.5 maintenance, software upgrades as set forth in the SLA. Eleveo is not liable for outages of Services caused by facts or events listed in the previous sentence, nor is it liable for any losses incurred by the Client as a result of such outages. 6.6 In the event of an occurrence of any issue or technical malfunction of Products or the Services whatsoever, the sole remedy shall be the restoration of the error and resolution of the issue as set forth in the SLA. 6.7 Eleveo has the right to terminate the Services and deny access to Products (i.e. to withdraw from the Agreement with an immediate effect) in the event that the Client is in default with the payment of any fees for the Services. In the event of such cancellation, Eleveo is not liable to the Client for any loss of data or any other loss or damage or inconvenience resulting from the denial of the access to Products. 6.8 Eleveo may use certain third parties to provide services for Eleveo. Contractor is an entity or person-entrepreneur, with whom Eleveo has signed contracts establishing commercial legal relationships and who performs work for Eleveo and under the condition that Eleveo imposed the same level of confidentiality obligations as on its own employees (further Contractor 6.9 The Client hereby authorizes Eleveo, at its respective sole expense, but without any prior approval by the Client, to publish such tombstones and such other similar and customary marketing materials or issue press or other media release in respect of this Agreement as Eleveo may from time to time determine in its sole discretion. The foregoing authorization shall remain in effect unless the Client notifies Eleveo in writing that such authorization is revoked. 7. Intellectual Property 7.1 All information, know-how and copyright incorporated in any manner in Products and/or the Services, in particular, without limitation, any computer programs, algorithms, technical drawings, sketches, plans, documentation, designs, Eleveo IP Eleveo during the provision of the Services, shall remain solely the intellectual property of Eleveo. For avoidance of doubt, the Client is not authorized to provide any license, sublicense or assign any right or authorization to use Products and/or the Services in whole or in part unless specified in the Agreement. 7.2 For avoidance of any doubt, Eleveo does not provide the Client with any license to Products. The Client may however use Products in line with the purpose for which it was created and for which the access to Products was provided to the Client, i.e. for the purposes of workforce management in line with the Agreement and such in compliance with these ToS and terms and conditions referred to in these ToS. The Client is however prohibited to access the source code, object code, reverse engineer, reproduce, alter or otherwise make Eleveo IP available to a third party or otherwise interfere in any part of Products and/or the Services. Any use (including any disclosure) of any Eleveo IP outside the scope of the purpose for which it has been made available to the Client or beyond the scope expressly provided for in the Agreement is strictly prohibited. 7.3 ent is strictly prohibited. 7.4 is strictly prohibited. 7.5 The Client is liable for all content input by him/her when using Products and/or the Services. The Client shall not use Products for any illegal purpose. The Client is responsible for ensuring that he/she does not violate the laws of any applicable jurisdiction, including but not limited to copyright, intellectual property, trademark, design, patent, and related laws. If Eleveo reasonably determines that Products are used by the Client for any illegal or fraudulent activity or that he/she is in breach of this Section 7, then Eleveo may withdraw from the Agreement and deny access to the Client to Products with immediate effect. 8. Price and Billing Models 8.1 Eleveo shall provide the Services (which includes the access to the use of Products) based on the particular billing model agreed upon in the Agreement which Billing Model Billing Models 8.2 The fees are indicated without VAT. VAT shall be added to the fee pursuant to the relevant legislation at the amount valid as of the date of the taxable performance. 8.3 When the Agreement is concluded, Eleveo shall issue and deliver an invoice to the Client for the respective payment in the respective currency by e-mail to the e-mail address for billing specified by the Client. The invoice due date for the access to the use of Products is 60 calendar days, unless agreed otherwise in the Agreement. The invoice due date for Professional Services is 30 calendar days, unless agreed otherwise in the Agreement. The date of payment is the date on which the payment is credited to Eleveo's account. 8.4 The Client agrees that Eleveo is entitled to issue tax documents in electronic form. 8.5 Eleveo shall issue and deliver an invoice for Data Storage Payment and Processing Capacity Payment, if applicable, in the respective currency by e-mail to the e-mail address for billing specified by the Client on a quarterly/yearly basis. The invoice due date for Data Storage Payment and Processing Capacity Payment is 30 calendar days. The date of payment is the date on which the payment is credited to Eleveo's account. 9. Personal Data 9.1 In order for Eleveo to provide the Services to the Client in accordance with these ToS, Eleveo may need to process personal data controlled by the Client or End-User. The terms of such processing as between the Client and Eleveo shall be governed by Annex 2 hereto DPA unless Eleveo and the Client entered into a standalone data processing agreement and unless neither Eleveo nor the Client is required to enter into a data processing agreement, taking into account the nature of Client Data (as defined below) and other aspects of the Services. Where the Client is a Partner, such Partner shall act as a processor for End- Users and Eleveo shall act as the sub-processor for the Partner. By accepting these ToS an End-User and the Partner agree that the DPA shall appropriately apply to the processing between the End-User and the Partner, unless agreed otherwise between them. 9.2 Privacy Policy means a document available at website eleveo.com, which describes in detail how we manage, store and handle personal data. 10. Client Data 10.1 The Client grants the authorization to Eleveo to access, copy and use all data in electronic form input, collected, developed, received, used or stored by Eleveo in such extent as is necessary or reasonable in connection with the provision of the Services stored within the Client's instance of Eleveo such as content of tables, content of data storage, providing the Services, subject to the ToS and the Agreement and subject to the following further restrictions: other than in connection with providing the Services. 10.2 Eleveo agrees that all Client Data is the exclusive property of the Client and Eleveo hereby waives any interest, title, lien, or right to any such Client Data (except for the authorization granted in Section 10.1). The Client possesses and retains all right, title, and interest in and to Client Data, and Eleveo's use and possession thereof is solely as Client's service provider pursuant to the terms of the Agreement. The Client hereby agrees that Eleveo can use Client Data for a further development and improving of Products. 10.3 The Client agrees that any Client data may be processed and stored outside of the country where Client operates. Client represents and warrants that he has obtained all consents necessary for Eleveo to collect, access, process, store, transmit, and otherwise use Client Data in accordance with these ToS. The Client shall comply with all requirements of integrity, quality, legality and all other similar aspects in respect of Client Data. Eleveo may, but is not obligated to, review or monitor any Client Data, however Eleveo expressly disclaims any duty to review or determine the legality, accuracy or completeness of Client Data. 10.4 Eleveo shall manage Client Data, and cause Client Data to be managed, in accordance with data management and security standards. 10.5 The authorization pursuant to Section 10.1 is provided free of charge. 10.6 Storage Period AWS. After the Storage Period ends, Client Data is deleted. Client is aware of this fact and expressly agrees to it. 10.7 Client agrees to use Products in a market standard way. In case Client´s extensive use causes the need for increased processing capacity, Client agrees to pay the Processing Capacity Payment terms are specified in Section 8.5. 11. Consultancy and Training 11.1 The Client agrees to schedule every session of Consultancy and Training within a reasonable timeframe. This is defined as four (4) months from the day the Client receives an e-mail that the Client was transitioned to the training department. Once this timeframe has passed, session of Consultancy and Training will be closed and considered delivered. 11.2 The Client agrees to provide adequate notice for Consultancy and Training session cancellation. Request for rescheduling of any session of Consultancy and Training session shall be delivered as soon as reasonably possible, however at least two days prior to the day the training takes place. If the request is delivered to Eleveo in a timeframe shorter than two (2) business days prior to the training, the Client will be allowed to reschedule only once per every purchased Consultancy and Training session. Any further rescheduling is not possible and in the case of no-show, the Client is not entitled to any monetary refunds or training. further rescheduling is not possible and in the case of no-show, the Client is not entitled to any monetary refunds or training. 11.3 The Client should provide a primary customer contact for scheduling training during the project Kick-Off Call. Project Kick-Off Call is the first contact between the Eleveo Project team and the Customer/Partner project team. The aim of Project Kick-Off Call is to confirm the overall project scope, plan the project timeline and confirm the project staffing. Should this contact change at any point during the project, the assigned Project Manager and the assigned training after six repeated attempts to reach a given customer contact (three times using the original contact and three additional times if a new contact is provided immediately upon request), the affected training will be closed and considered delivered. 11.4 Consulting and Training provided by Eleveo may be provided, in whole or in part, via a third-party tool (Learning Management System, hereafter referred to as trainings, consulting collateral, and recordings of trainings (made available to the customer for the tenure of the training, not to exceed a four (4) month period from the day the access to LMS is provided to the Client. It is understood that all content accessed through the LMS is the sole property of Eleveo and is not to be downloaded or shared by the Client, the end-user or any other party with access. 11.5 For each course of training purchased (a course here is defined as a collection of trainings and/or consulting engagements that correspond to the products purchased by the Client), up to ten (10) users may access the LMS. Additional users may be agreed upon between the Client and Eleveo, subject to additional fees. 11.6 Consulting and Training will be provided in English, unless agreed otherwise. The Client is responsible for being prepared to receive Consulting and Training in this language. Consulting and Training cannot be rescheduled due to language barrier. 12. Confidentiality 12.1 Both Parties undertake that confidential information relating to each of the Parties activities that become known to it during the negotiation of these ToS, its performance or the provision of the Services will not be disclosed or made available to third parties and that neither Party will use such information for its own benefit or to the benefit of third parties, and shall ensure that the confidential information is adequately protected from unauthorized disclosure. Both Parties shall keep the confidential information in secret and communicate it only to the extent necessary and exclusively to its employees who are using the Software and who need to know this information for this reason. Both Parties agree that such employees shall be bound by confidentiality obligations to the same extent as both Parties hereunder. Confidential information means any information (in particular, however without limitation, any commercial, technical or legal information) with which the Client is familiarized in any way in connection with the collaboration with Eleveo in relation to the Services. 12.2 The obligation of confidentiality shall survive the termination of the Agreement until the confidential information becomes generally known, provided that it does not become known through breach of the Client's obligation to protect the confidential information. 12.3 Any non-disclosure agreements in effect between Eleveo and the Client shall remain unaffected by the provisions of this Section 11. 13. Indemnification 13.1 The Client shall defend, indemnify and hold harmless Eleveo, its officers, directors, and employees from and against any and all claims of any person arising from or relating to: (a) any infringement or alleged infringement by the Client of any Eleveo IP or any third-party intellectual property rights; (b) any leak of or unauthorized access to the Client Data for reasons not directly related to a Eleveo act or omission; (c) the Client Data content, or (d) Client's breach of any obligation or covenant herein (including Section 7.1 of ToS). 13.2 (including Section 7.1 of ToS). 14. Limitation of Liability 14.1 In no event shall Eleveo be liable for any loss of use, interruption of business, lost profits, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages. 14.2 Eleveo's aggregate liability to the Client under the Agreement, included any annexes hereto, shall not exceed the fees paid by the Client to Eleveo during the twelve (12) month-period preceding the occurrence of liability. 15. Term and Termination 15.1 The Agreement shall be concluded for the term corresponding to a particular Billing Model agreed upon by the Parties in the Agreement. If so agreed by the Parties in the Agreement in writing, the term may be subject to automatic prolongation pursuant to the terms of the Agreement. 15.2 Eleveo may withdraw from the Agreement for the following reasons on the basis of a written notice delivered to the Client and effective at the moment of delivery: (a) the Client is in default with payment for the Services hereunder to Eleveo for any reason, if the default exceeds 40 days; (b) the Client violates any provision of Sections 7 (Intellectual Property), and/or 12 (Confidentiality) of the ToS;f the ToS; (c) the Client assigns its rights and/or obligations pursuant to the Agreement to a third party without the prior written consent of Eleveo; (d) the Client enters into liquidation or files a debtor's petition to initiate insolvency proceedings, or insolvency proceedings are initiated with respect to the Client on the basis of a petition by a third party, and the Client does not, in Eleveo's opinion, sufficiently prove to Eleveo that the insolvency petition filed by such third party is unjustified; (e) other reason referred to explicitly in these ToS. 15.3 The Client may withdraw from the Agreement for the following reasons on the basis of a written notice delivered to Eleveo or the Partner and effective at the moment of delivery: (a) the Client enters into liquidation or files a debtor's petition to initiate insolvency proceedings, or insolvency proceedings are initiated with respect to the Client on the basis of a petition by a third party, and the Client does not, in Eleveo's opinion, sufficiently prove to Eleveo that the insolvency petition filed by such third party is unjustified; (b) Eleveo is in default with the provision of Services pursuant to the Agreement by more than 40 days. 15.4 No withdrawal by either Party hereto is permitted for reasons other than those explicitly set forth in these ToS or the Agreement, i.e. the withdrawal for statutory reasons is explicitly excluded. 15.5 The Agreement may also be terminated based on mutual written agreement of the Parties. 15.6 In case of termination of the Agreement, all payments will become due and Client is not obliged to withhold any payment for ordered Services. 15.7 Client will have access to retrieve his Client Data up to the date of termination at no additional charge. If the Client requires additional time to retrieve his Client Data beyond the date of termination, the Client may request, and Eleveo will grant, a thirty (30) day extension to the Term of the Agreement; provided such request is made on or prior to the termination date. During the extended period, the Client will be charged for their usage in accordance with the applicable Billing Model. Access to Products will be terminated at the end of the extension period, unless the Client requests additional extension period(s) prior to the effective termination date. 15.8 All terms of ToS which, by their nature, are intended to survive termination of this Agreement, will survive termination, including all payment obligations, use restrictions, confidentiality obligations, ownership terms, indemnification obligations, disclaimers, Exclusions and limitations of liability. 16. Final Provisions 16.1 The Client undertakes to comply with these ToS, SLA and DPA. 16.2 Further documentation related to Products can be found at https://help.eleveo.com/. 16.3 Eleveo means: (a) If the Client is based in USA or Canada, Eleveo Inc., company incorporated under the laws of Delaware, with its registered office at 810 Crescent Centre Dr, Ste 220, Franklin, TN 37067. (b) If the Client is based outside of USA or Canada, Eleveo a.s., with its registered office at Karolinská 650/1, Karlín, 186 00 Prague 8, Czech Republic, Id. No. 25730151, a joint stock company registered in the Commercial Register maintained by the Municipal Court in Prague, File B 22865. 16.4 Governing law and dispute resolution: (a) If the Client is based in USA or Canada, all legal relationships arising based on or in connection with the ToS are governed by the laws of Tennessee. The Parties undertake that all disputes arising in connection with the Agreement or these ToS, whatever their nature and cause, will be settled in a conciliatory manner. If such a conciliation agreement is not reached, disputes will be settled by the Courts of Tennessee (b) If the Client is based outside of USA or Canada, all legal relationships arising based on or in connection with the ToS are governed by the laws of Czech Republic. The Parties undertake that all disputes arising in connection with the Agreement or these ToS, whatever their nature and cause, will be settled in a conciliatory manner. If such a conciliation agreement is not reached, disputes will be settled by the relevant courts of the Czech Republic. 16.5 In the event that the law allows prorogation and if no other bodies are competent to make a decision in accordance with the relevant legislation, a competent court with a local jurisdiction designated according to the Eleveo's registered seat shall resolve any such disputes. 16.6 Eleveo is entitled to transfer all rights and obligations pursuant to the Agreement, or the Agreement as a whole, to a third party, and the Client hereby gives its prior consent to this. The Client does not have this right. 16.7 The Client is not entitled to unilaterally set off any due or not-yet-due receivables against Eleveo against any due or not-yet-due receivables of Eleveo against the Client. 16.8 Where it is used to express the obligation of any party to ensure that a third party will act or refrain from acting in a the obligation agreed within the meaning of Section 1769 (second sentence) of the Civil Code, law in effect in Czech Republic. 16.9 If any provision of the ToS becomes invalid or ineffective, a provision whose meaning is as close as possible to the economic purpose of the invalid or ineffective provision shall be applied instead of such invalid provision. The invalidity or ineffectiveness of any provision is without prejudice to the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of any provision only in relation to a particular entity or a group of entities is without prejudice to the validity and effectiveness of such provision with respect to other entities. 16.10 As of the moment of conclusion of the Agreement, the Client declares that it has properly read these ToS, fully understands them, and accepts all their provisions. Annexes: Annex No. 1 Service Level Agreement Annex No. 2 Data Processing Agreement ANNEX NO.1 Service Level Agreement 1. Service Levels 1.1 Severity is defined as the impact an issue has on the Client's ability to conduct business. Restoration targets are based on the severity level assigned to an incident by Eleveo Customer Care. 1.2 Eleveo Customer Care can be contacted by the Client at: US Support Center for USA (Nashville, TN) phone: +1 888 939 4291 e-mail: ushelpdesk@eleveo.com web: https://portal.eleveo.com EU Support Center for the rest of the world (Prague, Czech Republic) phone: +420 222 554 112 e-mail: helpdesk@eleveo.com web: https://portal.eleveo.com 1.3 Priority is defined as the designated level of importance and is used as a factor when defining the severity level of an incident. 1.4 Eleveo Customer Care orders issues based on the severity level. Issue Severity Definition: 1 Critical impact (code red) The Client is experiencing a severe problem resulting in an inability to perform a critical business function. There is no workaround. 2 High impact The Client is able to perform job functions but performance is degraded or severely limited. 3 Medium impact The Client's ability to perform job functions is largely unaffected, but noncritical functions or procedures are unusable or hard to use. A workaround is available. 4 Low impact Product is available and operational; trivial impact to Client's business operations or Client requires information or assistance on the Eleveo product capabilities or configuration. 1.5 The characteristics set forth in the above table are used to identify the criteria for the severity of a Client's case. The assigned severity level for an issue may be mutually redetermined by both Eleveo and the Client during the issue resolution process, but Eleveo shall have the final authority as to the actual severity designation. 2. Target Initial Response Times 2.1 All target initial response times apply to business hours Monday through Friday, 8:00am to 5:00pm Client's local time. Severity 1 (critical impact incidents) are supported and responded to 24x7x365. 2.2 Reproducible errors that cannot be resolved promptly are escalated for further investigation and analysis. Severity Level Standard Initial Response Time 1 Critical impact (code red) Severe impact or degradation to the Client's business operations caused by permanent disruption of Products and the Services. Response target: 30 min. (phone) 2 High impact Products and the Services are available and operational; moderate impact to the Client's business operations. Response target: 2 business hour (web) 3 Medium impact Products and the Service are available and operational; nominal adverse impact to the Client's business operations. Response Target: 4 business hours (web) 4 Low impact Products and the Services are available and operational; no impact to the Client's business operations or the Client requires information or assistance on the Products and the Services capabilities or configuration. Response Target: 1 business day (web) 3. Time to Restore and Time to Resolve Platform-level Issues 3.1 The objective of Eleveo Customer Care is to restore functionality as quickly as possible. 3.2 Time to restore is the amount of time the Client is impacted before functionality is restored. Time to restore targets are based on the assigned severity. 3.3 Time to resolve is the amount of time it takes to resolve the root cause of an issue. 3.4 Time to restore and time to resolve apply only to Platform Level issues. Issues that impact a single Client are not Platform Level issues. 4. Target Restoration Times 4.1 Eleveo Customer Care analysts aim to reach restoration of Client´s issue within the following target restoration times. Severity Level Restoration Target 1 Critical 4 Hours 2 High 2 business days 3 Medium 5 business days 4 Low N/A 5. Service Level Agreements and Credits 5.1 Eleveo will make the Products and the Services available 24 hours a day, 7 days a week, and use commercially reasonable best efforts to provide 99% uptime, except for the following exclusions (Uptime Exclusions): (i) occasional planned downtime at non-peak hours (for which Eleveo will provide advance notice); or (ii) any unavailability caused by circumstances beyond Eleveo's reasonable control, including unavailability of services of infrastructure provider, failure or delay of Client's Internet connection, misconfiguration the Client or any third party acting on the Client's behalf, issues on the Client's network, or telecommunications services contracted directly by the Client. 5.2 However, if the Services' uptime falls below the following thresholds in any one-month billing cycle (not including any Uptime Exclusions), the Client may request a credit within thirty (30) days after the month in which the uptime fell below threshold. In such a case, the Client should contact assigned Customer Success Manager to request credit. Upon Client's valid request, Eleveo will provide the applicable credit against the following month's invoice. For annual term contracts, Eleveo will provide the applicable credit refund as a credit to the pre-paid balance or a credit refund, at the Client's discretion. The End-User (as defined in ToS) may not request any credit from Eleveo. The End-User may however request a credit from the Partner from whom he purchased Products, if so explicitly agreed between the End- User and the Partner in their respective agreement. Uptime % Credit % Below 99.0 % 10 % of the monthly payment Below 97.0 % 20 % of the monthly payment 6. Cooperation 6.1 Eleveo's Technical Support must be able to reproduce errors in order to resolve them. The Client is expected to cooperate and work closely with Eleveo to reproduce errors, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to the Client's approval on a support ticket-by-support ticket basis, Clients may be asked to provide remote access to their Products user interface and/or desktop system for troubleshooting purposes. 7. Additional Guaranties 7.1 Any additional guarantees made with respect to Products and the Services are described in the ToS. MSSA EXHIBIT A- ORDER FORM V170222 PAGE 1 REVISION DATE 10/8/2025 ANNEX NO. 2 Data Processing Agreement This is the Data Processing Agreement as referred to in ToS for the Products and forms part of an Agreement entered into by Eleveo and the Client, as such parties are identified in the Agreement. Capitalized terms have the meaning ascribed to them in ToS. 1. Controller and Processor. Eleveo provides the Client with Services that may involve processing of personal data by Eleveo (as a processor or sub-processor the latter applies if the Client is a Partner) for the Client (as a controller or processor for an End-User) within the meaning of the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of 2. Subject-matter and Duration of the Processing. The subject-matter of the personal data processing is given by a nature of the Services and it is determined in every single case by the Client (unless the Client is a Partner) or the End-User (if the Client is a Partner). Eleveo processes the personal data in accordance with the instructions of the Client. The Client may give the instructions also by using Products. If the Client is a Partner, Eleveo is hereby instructed to follow the End-User's instructions given by the End-User using Products as if thesewere instructions by the Client. The personal data are processed during the term of Services. 3. iven by the End-User using Products as if thesewere instructions by the Client. The personal data are processed during the term of Services. were instructions by the Client. The personal data are processed during the term of Services. 4. Categories of Personal Data and Categories of Data Subjects. Personal data processed by Eleveo for the Client may include, among other information, personal contact information such as name, address, telephone or mobile number, e-mail address, and passwords; information concerning job title and function, and other information about the subject's engagement with the Client or End-User. Categories of data subjects, whose personal data may be processed by Eleveo for the Client may include, among others, employees or customers of the Client or End-User. 5. Purpose of the Processing. The purpose of personal data processing under this Agreement and DPA is the provision of the Services pursuant to the Agreement, as well as improvement of the Services, improvement of user experience while using the Services and improvement of bug discovery and bug fixing. 6. Sub-processors. The Client acknowledges and consents that Eleveo engages Amazon Web Services, Inc., Seattle, WA - USA as sub-processor (while, however, the personal data are not transferred and/or processed outside of the European Economic Area); the purpose of the sub-processing of personal data by the aforementioned entity is the use of their cloud storage capacities. The Client also agrees that Eleveo shall engage with further other processors as reasonably required for - assess the established technical and organizational measures of each Sub-processor and their credibility prior to engaging them to the processing and to comply with other obligations under GDPR and this Data Processing Agreement, while engaging the Sub-Processors. Eleveo will provide a list of actual Sub-processors engaged upon written request of the Client. Eleveo shall notify the Client in advance of any intended addition or replacement of sub-processors. The Client may object to such changes within 14 days of notification, provided there are reasonable grounds relating to data protection. If no objection is raised within this period, the change shall be deemed accepted. 7. Rights and Obligations of the Parties. The Client, as the controller or processor (if the Client is a Partner) of personal data, undertakes to comply with the obligations imposed at it by the GDPR (including, but not limited to, furnishing data subjects with relevant information regarding personal data processing and obtaining consents with processing from data subjects, if there are no other legal reasons for processing). Eleveo undertakes to process personal data in such a manner so as not to violate any provision of the GDPR or any other personal data protection laws and not to cause any violation of the GDPR or any other personal data protection laws by the Client. Eleveo undertakes in particular, but not limited to, to abide by the following GDPR requirements: a. to process personal data in accordance with the Client's instructions as set out in this Data Processing Agreement and in accordance with any other documented instruction of the Client and to the extent and in compliance with the purpose for which personal data is to be processed; b. to provide the Client with electronic access to Services which contain the processed personal data in order to allow the Client to respond to and comply with data subjects' requests pursuant to Articles 12 to 22 of the GDPR; should such an electronic access be unavailable to the Client, Eleveo undertakes to follow the Client's detailed written instruction regarding the relevant data subjects' requests; c. to assist, insofar as this is technically possible, the Client in ensuring compliance with the obligations pursuant to Articles 32 to 36, always, however, subject to the nature of the processing and the information available to Eleveo; d. to make available to the Client all information necessary to demonstrate compliance with the obligations pursuant to Article 28 of the GDPR, and to allow audits, always, however, within the limits of proportionality, and only if such an audit may not impose a threat to rights of any third party. Audits shall be conducted during normal business hours, with MSSA EXHIBIT A- ORDER FORM V170222 PAGE 2 REVISION DATE 10/8/2025 reasonable advance notice, and shall not disrupt Eleveo's business operations. The Client may engage an independent third-party auditor, subject to Eleveo's approval, which shall not be unreasonably withheld. 8. Technical and Organisational Measures. Eleveo declares that organizational and technical measures to ensure a security of personal data have been implemented pursuant to Article 32 of the GDPR in order to ensure the level of security appropriate to the personal data processing under this Data Processing Agreement. In particular, Eleveo undertakes to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of transferred, saved or otherwise processed personal data or unauthorized access. 9. l data or unauthorized access. Technical and organizational measures implemented by Eleveo include, but are not limited to: a. Encryption of personal data in transit and at rest. b. Access controls ensuring only authorized personnel can access personal data. c. Regular vulnerability assessments and penetration testing. d. Employee training programs on data protection and security. 10. Data Breach. Eleveo undertakes to notify the Client without undue delay and, where feasible, no later than 72 hours after becoming aware of the breach, after having become aware of any breach of security of the processed personal data by an e- mail sent to the contact e-mail address specified in the Agreement, or to any other e-mail address specified by the Client for this purpose in writing. 11. Confidentiality. Eleveo undertakes to maintain confidentiality and to ensure confidentiality of all persons who shall within their scope of authorization have access to personal data processed under this Data Processing Agreement. 12. Deletion and Return of Data. Upon the Client's instruction to so, or once this Data Processing Agreement cease to be effective for any reason, Eleveo undertakes to delete, return or otherwise make available to the Client all the personal data contained within the Services within 30 days, unless further retention of the processed personal data is prescribed by the law. Any deletion shall be confirmed in writing to the Client upon request. 13. Data Transfers. Eleveo does not transfer any Client Data outside of the European Economic Area. If Eleveo transfers personal data outside the EEA in the future, it will ensure compliance with applicable laws by implementing appropriate safeguards, such as Standard Contractual Clauses approved by the European Commission or other lawful mechanisms. Fourth Amendment to Fort Worth City Secretary Contract No. 63294 Page 6 of 6 EXHIBIT F Cisco Subscription Service Agreement (Attached) EPLUS CISCO SUBSCRIPTION SERVICE AGREEMENT (SLED) V02142025 PAGE 1 Cisco Subscription Service Agreement Customer indicated below and sets forth the terms under which ePlus resells to Customer certain Software as a Service offerings provided by Cisco Pursuant to this Agreement, Customer hereby orders the Cisco SaaS Offerings set forth in the quote(s) referenced below as more fully described Project Information Customer: CITY OF FORT WORTH Quote #: 23354561 Estimated Start Date: 12/27/25 Initial Term: _____60____ months Auto-Renewal: No Enterprise Agreement Yes No Cisco PSTN Calling Plan Yes No Invoicing Scheme: Annual Billing Pre-paid Term (please select one) Initial Term Subscription Fee: $ 1,414,008.05 Periodic Payments: Year 1: $182,212.85 Year 2: $307,948.80 Year 3: $307,948.80 Year 4: $307,948.80 Year 5: $307,948.80 Term and Termination provisioned by (if applicable). The Estimated Start Date is an estimate At the end of the Initial Term, Customer will be responsible for ensuring timely renewal in order to continue receiving the Licensed Services. operations for the full Subscription Term. By executing this Agreement, Customer authorizes ePlus to place a non-cancellable order with Cisco for the As such, obligation to make all Payments for Licensed Services under this Agreement is unconditional and non-cancelable for the Subscription Term and shall not be subject to abatement, reduction, offset, defense, termination of services, counterclaim or recoupment due or alleged to be due by any reason. Any such defenses or claims Customer has may only be attempted to be enforced against other parties, such as Cisco, and not against ePlus and shall not be a basis for Customer failing to make all payments due under this Agreement to ePlus. If periodic billing applies, Customer unconditionally agrees to make the required Payments at each interval for the Subscription Term. Customer acknowledges that it is a sophisticated party and understands the meaning of this clause and that this clause is clear and unambiguous. If, and only if, Customer is subject to appropriations and state law requires termination rights when funds are not appropriated, this section is qualified to provide that Customer may terminate if sufficient appropriated and other lawfully--, provided that Customer shall be obligated to pay all charges incurred through the end of that fiscal year and, where allowed by law, Customer will not use substitutes to perform the functions for which the Licensed Services under this Agreement were obtained for a period of one hundred twenty (120) days after termination of this Agreement for non-appropriation. Customer agrees to provide ePlus with a signed written notice of any termination for non-appropriation describing the non-appropriation event as soon as reasonably possible after a non-appropriation. Customer shall use best efforts to notify ePlus of any termination for non-appropriation at least sixty (60) days prior to the next Periodic Payment due date. Customer agrees that it intends to continue the Licensed Services for the Subscription Term. Without limiting the foregoing, upon any early termination other than for non-appropriation as set forth above, Customer agrees to pay ePlus the entire amount of all Payments then remaining to be paid hereunder for the period which would constitute the balance of the then-current Subscription Term in the absence of such termination. Pricing and Payment For the Licensed Services, Customer agrees to pay ePlus the applicable Subscription Fee for the Subscription Term plus any overage or per-use charges and True Forward Fees that Customer incurs . Applicable overage or per-use charges may be described in the ePlus Quote and Cisco End User Terms and Customer agrees to pay such charges if it incurs them. Overage and per-use rates Customer shall be responsible for any fees due as part of the True Forward process or other subscription quantity adjustment process as described in the applicable Cisco Fees do not include sales, use, communications or other applicable taxes, tariffs or duties which Customer may be required to pay in accordance with the Purchase Terms . Payment is due upon receipt of invoice in accordance with the Purchase Terms. Invoicing starts on the Go Live Date and continues based on the invoicing scheme set forth above. Subscription Fee for the Initial Term and any Renewal Terms in advance on the Go Live Date or the Renewal Term start date (as EPLUS CISCO SUBSCRIPTION SERVICE AGREEMENT (SLED) V02142025 PAGE 2 (or such other periodic payment amounts set forth herein) invoicing scheme. Overage and per-use charges accrued shall be invoiced monthly in arrears at the applicable rate in effect at the time the service is used. In addition to other remedies, ePlus may suspend or terminate the Licensed Services if Customer fails to pay the fees when due. When Customer receives the Licensed Services but the payment authorization is provided from a third party to be billed pursuant to a lease or financing arrangement, then (a) in the event the third party fails to make timely payment in compliance with the purchase terms set forth herein, Customer shall be responsible for all payments and late fees then unpaid which shal l be immediately due and payable; and (b) Customer agrees to pay ePlus for any applicable Taxes, fees or other charges that are not paid . Purchase Terms, ePlus may assign all or part of its interest in the Payments due hereunder (but none of its obligations) to a third- party financier. No notice to or prior written consent of Customer shall be required in the event of such an assignment. Additional Services Add-Ons: During the Subscription Term, Customer may increase the amount of Licensed Services in a subscription or add - or change orders for Add-Ons as requested by Customer and such Add-Ons shall be purchased by Customer and added to the applicable subscription or other payment authorization reflecting the quote or signature on the change order. In the event Customer is able to obtain Add-Ons by submitting a request directly to Cisco via the Cisco site, Customer agrees that Add-Ons shall be purchased by Customer and added to the applicable subscription upon of such a request. Customer agrees to pay for any Add-Ons purchased pursuant to this paragraph and acknowledges that all Add-Ons are subject to the terms of this Agreement and the then-current End User Terms. Add-Ons shall start on the Go Live Date for such Add-Ons --terminus with the applicable subscription. Prices for Add-Ons will be as set forth in the quote or change order, or, if there is no quote or change order -current price at the time the Add-Ons are ordered. Invoicing for Add-Ons begins on the Add-On Start Date pursuant to the invoicing scheme for the applicable subscription and the Subscription Fee and Periodic Payment amounts (if applicable) shall be adjusted accordingly. New Subscriptions: Additional Cisco SaaS Offerings outside the scope of an existing subscription may be purchased pursuant to an amendment or change order to this Agreement. Other products and services: Products or services other than Cisco SaaS Offerings are outside the scope of this Agreement and may be purchased pursuant to a separate agreement between the parties. Additional Terms for Licensed Services Powered by Cisco The Licensed Services are powered by Cisco and are subject to any end user agreements, terms of use, service descriptions, policies and other terms and conditions as established by Cisco and updated from time to time this Agreement, submitting an order for Cisco SaaS Offerings, or using the Licensed Services, Customer agrees to all applicab le End User Terms and is solely responsible for any and all claims, liabilities, damages, expenses, penalties, fees and/or expenses arising out eof. The End User Terms for Licensed Services include, without limitation, the following: The following Cisco End User Terms apply to all Cisco SaaS Offerings: the Cisco General Terms and any applicable Supplemental End User License Agreement and Offer Descriptions located at: http://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html . The following terms apply to Cisco Enterprise Agreement offers: o Enterprise Agreement offers are subject to the applicable Cisco Enterprise Agreement Program Terms and any Supplemental Terms and Conditions at https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software- terms.html#~supplemental-terms. o During the Initial price (a) per Covered Users, Covered Devices or other applicable meter (as applic software licenses and (b) per Pricing Meter per month for support services and subscription l forth in the NTE Form provided by ePlus. The following applies to Licensed Services that require Customer to have telephony services and/or public switched telephone PSTN access . In order to call telephone numbers using PTSN Services, Customer must contract with a third party PSTN provider. Customer acknowledges that PSTN Services are not a complete replacement for voice services and that emergency calling operates differently with PSTN Services. Customer is responsible for verifying the effectiveness of all emergency services calling and ensuring its 911 dialing complies with law. Customer agrees that it identifiable information or proprietary network information (such as call logs and information related to calls) may be provided to ePlus, Cisco and the PSTN provider as needed to provide the PSTN Services. The following terms apply to Cisco PSTN Calling Plan Services: Cisco Calling Plan services are provided by Broadsoft Adaption ce provider. ePlus is not responsible for the content or performance of the Cisco Calling Plan services. Because Cisco Calling Plan Servi ces are regulated, taxes and fees are subject to change at any time. In certain situations the provider may not include al l billable usage by the End User in the invoice associated with the corresponding month. In such cases future invoices will be inclusive of b illable e the Cisco Calling Plan services in accordance with the attached Service Level Addendum. Customer must ensure that its network infrastructure, including LAN and WAN, meet the minimum requirements set forth in the documentation provided by Cisco. Warranty EPLUS CISCO SUBSCRIPTION SERVICE AGREEMENT (SLED) V02142025 PAGE 3 ePlus is the reseller of under the Purchase Terms. warranty and rights to indemnification for claims or losses related to Licensed Services must come directly from Cisco and Cu stomer shall look solely to Cisco to remedy any performance failures or other losses, claims, liability or damages arising from or related to Licensed Services. THIS SETS FORTH THE ONLY WARRANTIES PROVIDED BY EPLUS FOR THE LICENSED SERVICES. EPLUS HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LICENSED SERVICES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE OR OTHERWISE. Exclusions Customer agrees that ePlus shall retain at least one administrator account to provision and manage the cloud-based environment and grant access to ePlus engineers as needed to provision the Licensed Services and any related service offerings. The benef its and performance of certain service offerings are dependent on this access. Customer acknowledges that if Customer restricts o r terminates administrative access to ePlus, the related deliverables may be affected and ePlus shall not be held responsible. Customer agrees that it will reasonably reasonable request in a timely manner. ePlus will not be liable for any failure to perform the Licensed Services, to the extent that the failure Customer is responsible for all content, material, message or data made available or transmitted by or on behalf of Customer or its users on or in connection with the Licensed Service(s) and for its compliance with all applicable federal, state and local laws, regulations, ordinances and codes, import and export control laws and acceptable use policies of any third-party vendors or Web sites. Customer assumes full responsibility to back-up and/or otherwise protect all Data against loss, damage, or destruction. ePlus is not responsible for data loss. All Data is the responsibility of Customer. Customer acknowledges that, during the course of this Agreement, ePlus and Cisco may have access to Data and other and Customer consents to ePlus and Cisco sharing Data with each other to the extent required to provide the Licensed Services. ct to the confidentiality provisions set forth in the Purchase Terms. Customer acknowledges, however, that the security, confidentiality and privacy of the Licensed Services and any data processed therein are governed solely by the applicable End User Terms and ePlus disclaims any and all liability therefor. Except as otherwise provided in this Agreement, the purchase of Licensed Services shall be governed by the signed agreement between Customer and ePlus that expressly governs the purchase of products, or, if no such agreement exists, then by the Customer Terms and Conditions for Products and/or Services at https://www.eplus.com/terms-and-conditions In the event of a conflict between the Purchase Terms and this Agreement, the provisions of this Agreement will prevail with respect to the Licensed Services and any conflicting provisions in the Purchase Terms are hereby disclaimed. This Agreement may be modified only by mutual agreement in writing and no additional or contrary terms referenced in a purchase order, document or electronic communication shall apply. If a provision of this Agreement is held unenforceable under applicable law, the remaining provisions shall not be affected. T aused this Agreement to be executed by their duly authorized representatives. Customer ePlus Technology, inc. Signature Signature Name: Name: Title: Title: Date: Date: Cisco Enterprise Agreement NTE FORM ePlus Quote #__23405474_______ EPLUS CISCO SUBSCRIPTION SERVICE AGREEMENT (SLED) V02142025 PAGE 4 * During the Subscription Term, ePlus' True Forward quotes for the items listed below shall not exceed the following NTE Unit Prices. Part Number Part Description NTE Unit Price Per Month or Per Year A-FLEX-EACL $7.43 Per month A-FLEX-AUM $13.68 Per month A-AUD-AU-BCCB $6.22 Per month A-FLEX-EDGCON500-R $621.95 Per month A-FLEX-EDGCON-500M $1,243.90 Per month Docusign Envelope ID: 3656D1 F6-8078-4592-A11 C-F8F7DFABF82B � Customer Name: City of Fort Worth � Quote No: 23405474 Quote Name: Quotation Date: 10/03/2025 ePlus ePlus Technology inc, 13595 Dulles Technology Drive, Herndon, VA, 20171 Sales Support Contact: Misty Muniga Sales Support Phone: 8177060949 Sales Support Email: Misty.Muniga@eplus.com Account Executive: Misty Muniga Account Executive Phone: 8177060949 Account Executive Email: Misty.Muniga@eplus.com Customer PO No: Order No: Expiration Date: 10/24/2025 ternal Notes:TIPS230105 �ase use CSC 63294 PSK 26379 e following terms from Cisco apply to Customer's use of the products and services on this quote (the "Licensed Services"): the Cisco General Terms and any applicable pplemental End User License Agreements and Offer Descriptions at https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html or such other terms as reed belween Cisco and Customer. By purchasing the Licensed Services through ePlus or its affiliates; Customer consents to ePlus, its affiliates and Cisco sharing Customer data h each other to the extent required to provide the Licensed Services. Line List Ext List Discount OFF Unit No. Part Number MFG Description/Line Notes I Duration I QTY I price I Price I List(%) Price Ext Price A-FLEX-EACL CISCO ENTW WEBEX CALLING. QTY 310U. P 5Y 5 492,900.UU 2,464,SOU.00 68.80 55,2U7.07 276,005.35 Line Note: Requested Start Date � 27-Deo-2025� Requested For �. fi0.00 Manths Fram 27- Dec2025 to 26-Dec2030� Automaticalty Renews For �. No Auto Renewal� Bill�ing Frequency:Annual Billing . CREDIT-DISCOUM EPLUS BACKENDCRE�IT 5 0.00 0.00 100 -25,147.20 -125,736.00 � A-FLEX-AUM CISCO AUMEETINGS(1).QTV40 P5Y 5 10,560.00 52,BUU.00 87.56 1,313.55 6,567.75 � A-AUD-AU-BCCB CISCO AU MEETINGS BRIDGE COUNTRY CALL P 5Y 5 4,800.00 24,000.00 67.56 597.06 2,985.30 ME / CALL BACK AUD 10 (1). QTY 40 � A-FLEX-EDGCON500-R CISCO WEBEX EDGE CONNECT S�OMB P 5Y 5 12,000.00 60,���.00 67.56 1,492.73 7,463.65 PEERING LINK FOR REDUNDAN CY. QTV 1 � A-FLEX-EDGCON-SOOM CISCO WEBEX EDGE WNNECT SUUMB P 5Y 5 24,OOO.UU izo,aao.00 87.56 2,985.36 14,926.80 PEERING LINK US/UK/AMSTER DAM. QN 1 7 A-FLEX-EACL 8 A-FLEX-AUM 9 A-AUD-AU-BCCB 0 A-FLEX-EDGCON500-R 1 A-FLEX-EDGCON-SOOM 2 A-FLEX-EACL � � � � A-FLEX-AUM A-AUD-AU-BCCB A-FLEX-EDGCON500-R A-FLEX-EDGCON-SOOM ENTW WEBEX CALLING. QTV 3100. P 5Y Line Note: Requested Start Date '. 27-0eo-2025� Requested For �. 60.00 Manths From 27- Deo-2025 to 26-Deo-2030� Automatically Renews For �. No Aum Ren wal� Billing Frequency:Annual Billing e AUMEETINGS(1).QTY40 P5Y AU MEETINGS BRIDGE COUNTRY CALL P SY ME / CALL BACK AUD 10 (1). QN 40 WEBEXEDGECONNECTSOOMB PSY PEERING LINK FOR REDUNDAN CY. QTV 1 WEBEXEDGECONNECT500MB P5Y PEERING LINK US/U WAMSTER DAM. QTV 1 ENTW WEBEX CALLING. qTY 310U. P 5Y Line Note: Requested Start Date �. 27-0eo-2025� Requested For �. fi0.00 Manths Fram 27- Dec2025 m 26-Dec2030� Automa[ically Renews For : No Auto Renewal� Billing Frequency : Annual Billing AU MEETINGS (1). QN 40 P SY AU MEETINGS BRIDGE COUNTRY CALL P 5Y ME / CALL BACK AUD 10 (1). QN 40 WEeEXEDGECONNECT500M8 P5Y PEERING LINK FOR REDUNDAN CY. �TV 1 WEBEXEDGECONNECTSOOMB PSV PEERING LINK US/UK/AMSTER �AM. QTV 1 5� 492,900.00� 2,464,500.00 5 10,560.00 52,60�.00 5 4,800.00 24,000.00 5 12,000.00 60,000.00 s za,000.00 izo,000.00 5� 492,900.UU� 2,464,SOU.00 5 iQ560.00 52,800.00 s a,aoo.00 za,000.00 5 12,000.00 60,000.00 s za,000.00 izo,000.00 7 A-FLEX-EACL CISCO ENTW WEBEX CALLING. aTY 310�. P 5Y 5 492,900.00 2,464,50�.00 Line No[e: Requested Start Date �. 27-Deo-2025� Requested For'. 60.00 Months From 27- Deo-2025 to 26-0eo-2030� Automatically Renews For �. Na Auto Renewal� Bill�ing Frequency' Annual Bllling sa.so� 55,201.08� z�s,00s.ao 67.56 1,313.56 6,567.80 67.56 597.07 2,985.35 67.56 1,492.68 7,463.40 87.56 2,985.37 14,926.85 68.80� 55,2U1.08� 276,005.40 87.56 1,313.56 6,567.80 87.56 597.07 2,985.35 67.56 1,492.68 7,463.40 87.56 2,985.37 14,926.85 66.80� 55,2�1.OSI 276,005.40 Docusign Envelope ID: 3656D1 F6-8078-4592-A11 C-F8F7DFABF82B 018 A-FLEX-AUM CISCO AUMEETINGS(1).QTY40 PSV 5 10,560.00 52,80000 8756 1,313.56 6,567.80 019 A-AUD-AU-BCCB CISCO AU MEETINGS BRIDGE COUNTRY CALL P 5Y 5 4,800.00 za,000.o0 87.56 597.07 2,985.35 ME / CALL BACK AUD 10 (1). QN 40 020 A-FLEX-EDGCON5U0-R CISCO WEBEX EDGE CONNECT 5UUM6 P 5Y 5 12,000.00 60,ODU.00 87.56 1,492.68 7,463.40 PEERING LINK FOR REDUNDAN CY. QTV 1 021 A-FLEX-EDGCON-SOOM CISCO WEeEX E�GE CONNECT SOOMB P 5Y 5 24,000.00 120,000.00 87.56 2,985.37 14,926.85 PEERING LINK US/UK/AMSTER DAM. QTV 1 ■ 1 :1 022 A-FLEX-EACL CISCO ENTW WEeEX CALLING. QTY 3100. P 5Y 5 492,900.00 2 464,500.00 88.80 55201.06 276,005.40 Line No[e: Requested Start Date �. 27-Dec2025� Requested For �. 60.00 Months From 27- Deo-2025 to 26-0eo-203�� Automaticalty Renews For'. No Auto Renewal� Billing Frequency � Annual eilling 023 A-FLEX-AUM CISCO AU MEETINGS (1). QTV 40 P 5Y 5 10,560.00 52,BU0.00 87.56 1,313.56 6,567.60 024 A-AUD-AU-BCCB CISCO AU MEETINGS BRIDGE COUNTRY CALL P 5Y 5 4,800.00 24,000.00 67.56 597.07 2,985.35 ME / CALL BACK AUD 10 (1). (]N 40 025 A-FLEX-EDGCON500-R CISCO WEBEX E�GE CONNECT 500MB P 5Y 5 12,000.00 60,�00.00 87.56 1,492.68 7,463.40 PEERING LINK FOR REDUNDAN CY. QTY 1 026 A-FLEX-EDGCON-SOOM GSCO WEBEX EDGE CONNECT SOOMB P SY 5 24,000.00 120,UOU.00 67.56 2,985.37 14,926.85 PEERING LINK US/UK/AMSTER DAM. QN 1 13,606,500.00 1,414,008.05 Shipping: Sub Total (USD): 1,414,008.05 Packing: Est. Tax (USD): TBD if Applicable Shp&Hnd (USD): 0.00 Total (USD): 1,414,008.05 All orders are governed by your organization's signed agreement with ePlus or applicable public sector contrad; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subjed to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Supply chain disruption and tariffs on certain imports in accordance with applicable law may cause price increases for many IT products, with little or no notice, and beyond [SELLER'S] control. When such increases occur, this quote is subject to change without notice, even before the expiration date reflected above. ePlus offers flexible and easy leasing options for your IT equipment. Use leasing to increase your IT acquisition capability, overcome limited budgets, and manage the lifecycle of your assets. Contact an ePlus Leasing Coordinator at 1-703-984-8021 or leasing@eplus.com to receive a lease quote today. Customer�Acac_eptance Bill To Ship To Signature: City of Fort Worth City of Fort Worth Name: Dianna Giordano 100 FORT WORTH TRAIL 100 FORT WORTH TRAIL rtie: Assistant City Manager FORT WORTH TX 76102 FORT WORTH TX 76102 �ate: 10/17/2025 UNITED STATES UNITED STATES Customer PO #: Accounts Payable Bobby Lee 002025 ePlus inc. All rights reserved. ePlus Technology, inc. krvcoc Pi a z z9 CSigned by: bin, �l,G��„_.,"D"""'ln, F44A77AE31564BB... SVP Contracts Don McLaughlin 10/8/2025 5/8/25, 2:50 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: 5/13/2025 REFERENCE **M&C 25- NO.: 0390 CODE: C TYPE: CONSENT M&C Review F��T��o�7�� -��- LOG NAME: PUBLIC HEARING: 04FY2025 IT INFRASTRUCTURE MULTI COOP � SUBJECT: (ALL) Authorize Execution of Non-Exclusive Cooperative Purchase Agreements for Information Technology Infrastructure Using the Interlocal Purchasing System for a Combined Annual Amount Up to $3,200,000.00 for ldentified Vendors and Authorize Renewal Options; Authorize Execution of Non-Exclusive Cooperative Purchase Agreements for Information Technology Infrastructure Using Multiple Texas Department of Information Resources Cooperative Contracts for a Combined Annual Amount Up to $5,300,000.00 for ldentified Vendors and Authorize Renewal Options for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of non-exclusive Cooperative Purchase Agreements for the City's information technology infrastructure using The Interlocal Purchasing System Cooperative Contract No. TIPS 230105 with ePlus Technology, Inc., Netsync Network Solutions, Inc., and World Wide Technology, LLC, for a combined annual amount up to $3,200,000.00 and authorize four one-year renewal options in the same annual amount; 2. Authorize the execution of non-exclusive Cooperative Purchase Agreements for the City's information technology infrastructure using Texas Department of Information Resources Cooperative Contract No. DIR-CPO-5347 with Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, and World Wide Technology, LLC for a combined annual amount up to $4,200,000.00 and authorize four one-year renewal options in the same annual amount; and 3. Authorize the execution of non-exclusive Cooperative Purchase Agreements for the City's information technology infrastructure using Texas Department of Information Resources Cooperative Contract No. DIR-TSO-4288 and its successor contract with ePlus Technology, Inc., Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, and World Wide Technology, LLC for a combined annual amount up to $1,100,000.00 and authorize four one-year renewal options in the same annual amount. DISCUSSION: The Information Technology Solutions Department (IT Solutions) has historically utilized non-exclusive cooperative purchasing agreements to support the City's information technology (IT) infrastructure. IT infrastructure includes equipment, software, and services that support the City's servers, data storage, virtual desktop environment, network and telephone systems. Additionally, these agreements support necessary refresh of equipment that has reached the end of lifecycle and new projects for all City departments. On September 15, 2020, City Council approved Mayor & Council Communication (M&C) 20-0650 authorizing the execution of twenty-five (25) non-exclusive cooperative purchase agreements to support continued purchasing of IT infrastructure and support projects such as safety and security, new building projects, building upgrades, building renovations and building expansion. Approval of M&C 20-0650 eliminated prior spending authority authorized under M&C's P-12248, 19-0123 and 19-0270. On September 28, 2021, City Council approved M&C 21-0753 authorizing the execution of fifteen (15) non- exclusive cooperative purchase agreements to support continued purchasing of IT infrastructure and apps.cfwnet.org/council_packet/mc_review.asp?ID=33253&councildate=5/13/2025 1 /3 5/8/25, 2:50 PM M&C Review upgrades necessary for New City Hall and renovations to the Fort Worth Convention Center. Approval of this M&C eliminated prior spending authority authorized under M&C 20-0650. On February 14, 2023, City Council approved M&C 23-0061 authorizing the execution of seventeen (17) non-exclusive cooperative purchase agreements to request additional spending authority necessary to support continued purchasing of IT infrastructure to support larger projects, Infrastructure refresh, New City Hall, planned American Rescue Plan Act spending, and ongoing City growth. Approval of this M&C eliminated prior spending authority authorized under M&C 21-0753. Upon Mayor and Council approval of this M&C, the IT Solutions Department will utilize these agreements to purchase IT infrastructure needed to support the City's day-to-day business activities. The IT infrastructure contracts also support planned ITS Capital Projects, including the Fiscal Year (FY) 25 Network Refresh project (City Project No. 106018) which is budgeted for $3,600,000.00 and is scheduled to be purchased in the third quarter of FY25. Over the last four (4) fiscal years, funding from ITS Capital Projects has used a significant amount of previously approved contract authority. ITS Capital Fiscal Year Project Total Contract Spend Contract Spend 2021 $725,411.63 $2,565,368.37 2022 $1,646,482.04 $4,100,900.38 2023 $2,059,176.76 $6,800,823.52 2024 $4,675,873.51 $6,612,064.62 2025 (Q1 & Q2) $1,497,988.06 $5,798,008.59 Upon approval, non-exclusive cooperative purchase agreements will be executed utilizing the following cooperative contracts: Cooperative Agency Cooperative Reference Expiration DateAnnual Amount The Interlocal Purchasing System TIPS 230105 5/31/2028 $3,200,000.00 Texas Department of Information Resources DIR-TSO-4288 5/22/2025 $1,100,000.00 Texas Department of Information Resources DIR-CPO-5347 1/7/2030 $4,200,000.00 I he maximum combined annual amount allowed under the I IN5 230105 Gooperative Agreements with ePlus, Netsync, and WVVf will be $3,200,000.00; however, the actual amount used will be based on needs of the department and available funding. The maximum combined annual amount allowed under the DIR-CPO-5347 Cooperative Agreements with Netsync, Presidio, and WVUf will be $4,200,000.00; however, the actual amount used will be based on needs of the department and available funding. The maximum combined annual amount allowed under the DIR-TSO-4288 Cooperative Agreements with ePlus, Netsync, Presidio, and WVVf will be $1,100,000.00; however, the actual amount used will be based on needs of the department and available funding. Funding is available for the agreements within the Info Technology Systems Fund in the amount of $3,500,000.00 and the remaining funding will be available upon adoption of the FY26 Operating budget. Other departments will provide separate funding when making a request for the purchase of IT Infrastructure. A funds availability verification will be performed by the participating department prior to the request. Approval of this M&C will not eliminate prior spending approval authorized under M&C 23-0061. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies State laws requiring that the local government seek competitive bids for purchase of the item. Cooperative contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. SUCCESSOR CONTRACTS: The City will initially use these cooperative agreements to make purchases authorized by this M&C. In the event a cooperative agreement is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid cooperative contract. If the City Council were to not appropriate funds for a future year, staff would stop making purchases when the last appropriation expires, regardless of whether the then-current purchase agreement has expired. apps.cfwnet.org/council_packet/mc_review.asp?ID=33253&councildate=5/13/2025 2/3 5/8/25, 2:50 PM M&C Review If the cooperative agreements are extended, this M&C authorized the City to purchase similar products under the extended contract. In the event a cooperative agreement is not extended, but vendor and cooperative purchasing agency execute new cooperative agreement(s) with substantially similar terms, this M&C authorizes the City to purchase the products under the new contract(s). If this occurs, in no event will the City continue to purchase goods and services under the new agreements past 2030 without seeking Council approval. BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council's approval, these agreements will be executed upon signature by the Assistant City Manager and expire in accordance with the underlying cooperative agreements. RENEWAL TERMS: The agreements may be renewed for four (4) one-year renewal terms, at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds were and will be available in the current operating budget, as previously appropriated, in the Info Technology Systems Fund, and upon adoption of the Fiscal Year 2026 Budget by the City Council funds will be available in the Fiscal Year 2026 Operating Budget, as appropriated in the Info Technology Systems Fund and the General Fund. Prior to an expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year �(Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Dianna Giordano (7783) Kevin Gunn (2015) Sallie Trotter (8442) ePlus Form 1295 Certificate 2025-1298072.pdf (CFW Internal) FID Table - FY2025 IT Infrastructure.xlsx (CFW Internal) Fund Availability for FY2025 IT Infrastructure.pdf (CFW Internal) Netsync Form 1295 Certificate 2025-1297756.pdf (CFW Internal) Presidio Form 1295 Certificate 2025-1297055.pdf (CFW Internal) World Wide Form 1295 Certificate 2025-1297078.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=33253&councildate=5/13/2025 3/3 F�RT ��RTH�} City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: ePlus Technology, Inc. Subject of the Agreement: Fourth Amendment to City Secratary Contract No. 63294 utilizing The Interlocal Purchasing System (TIPS) Cooperative Agreement No. 230105, used for IT infrastructure. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ CSC 63294 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? XYes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If�different from lhe approval dale. Expiration Date: If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the infor7nation is required and if the information is nol provided, the contract will be returned to the department. 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