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HomeMy WebLinkAbout064438 - General - Contract - PulsePoint FoundationPuIfi PulsePoint Foundation CSC No. 64438 PO Box 12594 Pleasanton, CA 94588-2594 Contact Name Chief James Horton Email james.horton@fortworthtexas.gov Bill To Name City ofFort Worth- IT Solutions Dept Bill To 100 Fort Worth Trail Fort Worth, TX 76102 Quote Number PPF-00011282 Created Date 11/17/2025 Expiration Date 6/30/2026 Prepared By Kraig Erickson Phone (218) 384-1123 Email kraig.erickson@pulsepoint.org Ship To Name Fort Worth Fire Department Ship To 100 Fort Worth Trail Fort Worth, TX 76102 PulsePoint Respond Implementation Project- Includes PulsePoint Read-only CAD connection installation, configuration, testing, validation, AED registry organization, technical admin training, digital materials, and proj mgmnt of launch. PulsePoint Respond - Tier 3: Annual Subscription for covered population size 750K - 1.5M. Includes PulsePoint Respond License, unlimited use of all Responder Types, AED Registry, Maintenance / Support of CAD Interface, admin and end -users. Year One. Order will be processed upon PulsePoint Foundation's acceptance of signed quote, signed Statement of Work, and Customer Purchase Order or payment. Upon acceptance, Customer will be invoiced for Implementation Fee. Customer will not be invoiced for Annual Subscription Fee until Soft Launch, which is when Annual Subscription Term begins. Please return signed Quote, Statement of Work, and Payment to the PulsePoint representative listed above or mail to: PulsePoint Foundation PO Box 12594 Pleasanton, CA 94588-2594 Authorized Customer Representative Dianna Giordano (Dec 8, 202516:00:28 CST) Signature Dianna Giordano Name Assistant City Manager 12/08/2025 Title Date Total Price USD USD 10, 000.00 1.00 10, 000.00 USD 100 USD 25,500.00 25,500.00 USD 35,500.00 Pricing Schedule for next four annual subscription after Year One: Year 2 $27,540 Year 3 $27,540 Year 4 $27,540 Year 5 $27,540 Authorized PulsePoint Representative /1 C —ZL4em, Signature Kraig Erickson Name VP, Community Engagement 11-17-2025 Title Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX By signing quote, Customer agrees to Terms of Use that follow. PULSEPOINT STANDARD SUBSCRIPTION TERMS AND CONDITIONS This Software and Services Agreement (the "Agreement") applies to and governs access to and use of the PulsePoint Respond System and is entered into between the PulsePoint Foundation, a California 501 (c)(3) non-profit corporation, ("The Foundation"), and the contracting entity ("Customer"). 1. PULSEPOINT RESPOND ("System") Licensed Software. The Licensed Software (as hereinafter defined) is a software -as -a -service ("SaaS") pre- arrival solution designed to support public safety agencies working to improve communications with citizens and off -duty personnel to improve cardiac arrest survival rates via mobile applications. The primary purpose of the Licensed Software is to provide: (1) community members the ability to receive notifications of CPR -needed medical events occurring in public places, (2) designated responders the ability to receive notifications of time -sensitive medical events occurring in public and private places, (3) location of publicly accessible defibrillators, and (4) increased awareness of local emergency activity. (the "Licensed Software"). The Foundation owns all rights to the Licensed Software. 2. SYSTEM SERVICES. System Support. The Foundation provides web -based, email, and telephone System Support (collectively, the "System Support") at no additional cost to designated contacts of Customer. System Support consists of help with System navigation or troubleshooting arising from the use of the System, as designed. System Support excludes supporting Customer procured hardware, operating systems, and Internet connectivity. Web -based System Support is provided through web -based, self-help educational resources available within the System 24/7/365. The Foundation provides numerous educational resources which should be used before requesting email or telephone System Support. These include user guide(s), training videos, and frequently asked questions (FAQs). Tiered email and telephone System Support is available to supplement Web -based System Support. The Foundation's Support Center is staffed during prime Customer business hours, Monday — Friday, 7AM — 6PM PT, excluding major holidays. During "non -prime" hours (6PM — 7AM PT Monday — Thursday, and 6PM PT on Friday through 7AM PT the following Monday, and on major holidays), inquiries regarding major system outages and interface issues are supported by technical staff. General support inquiries started outside of prime hours will be addressed the next business day. 3. CUSTOMER REQUIREMENTS. 3.1 CAD Integration. Customer must provide a CAD integration environment as further defined in a separate Statement of Work that includes implementation of the Licensed Software. 3.2 Named User Identification and Authentication. The System requires a unique user name and password for the individual Customer representative ("Named User") to access the System. Customer is responsible for administration and management of the Named User account, including the appropriate technical and administrative safeguards to prevent unauthorized access. The Foundation shall have no responsibility for unauthorized access to Customer's data or Confidential Information (as hereinafter defined) that results from Customer's failure to prevent unauthorized access. 4. LICENSE AND FEES. 4.1 License. Subject to the terms and conditions of this Agreement, The Foundation hereby grants to Customer a non-exclusive, non -transferable (except as provided in this Agreement) license to use the System for lawful business purposes. 4.2 Fees. 4.2.1 Subscription Fees. Customer agrees to pay the Subscription Fees as set forth in applicable Quote. Subscription Fees include: System, Data Center Services, System Maintenance, Upgrades, and System Support. Subscription Fees will be invoiced annually. 4.2.2 Professional Services Fees. Customer agrees to pay Professional Services Fees as set forth in applicable Professional Services Engagements. 4.2.3 Payment Terms. Payment terms to the Foundation shall be NET 30 to ensure uninterrupted System service V.240701 Page 1 and support. 4.2.4 Taxes. The Foundation is required to collect sales tax from products and services provided to customers in certain states. The Foundation reserves the right to invoice the Customer those taxes now or at any time in the future, which are imposed upon the sale or delivery of items purchased or licensed. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from sales or use tax liability, Customer will obtain and purchase such certificate, document or proceeding. Customer is required to provide a certificate of exemption in order for The Foundation to correctly identify Customer's tax status. 5. TERM AND TERMINATION. 5.1 Term Initiation. This Agreement takes effect upon receipt of order and continues through the conclusion of the subscription term or any subsequent renewal subscription terms. The subscription term (the "Term") begins on Customer's Soft Launch (as herein defined) Date or 120 days from signature date on Quote, whichever comes first, and continues for duration of Term set forth in executed Quote. Soft Launch ("Soft Launch") is the first day Customer's incident data is available in the production environment. In the case of renewal, the subsequent of which Term is the first day after expiration of the previous Term. 5.2 Term Renewal. This Agreement shall automatically renew upon expiration of the then current Term, at the price on signed quote, or if not quoted, at the current System price list for the same Term, unless Customer notifies The Foundation of its intention for nonrenewal by written notification at least 45 days prior to the end of the then current Term, or unless The Foundation requires a new Agreement to be executed by the parties. If The Foundation requires a new Agreement, it will be provided to Customer at least 60 days prior to the end of the then current Term. Customer may decline to enter into a new Agreement in its sole and absolute discretion; and if Customer so declines, then Customer shall not be responsible for any Subscription Fees after the then current Term. 5.3 Termination. Either party may terminate the Agreement upon the other party's material breach of this Agreement, if within 30 days of receipt of written notification of breach; the breaching party has failed to cure its breach. The Foundation may terminate service immediately upon Termination of the Agreement. In the event of early Termination due to material breach by Customer, Customer shall be responsible for remaining Subscription Fees for the then current Term. In the event of early Termination due to material breach by The Foundation, Customer shall not be responsible for future Subscription Fees beyond the effective date of the termination of this Agreement. Notwithstanding anything in this Section 5 or in this Agreement to the contrary, Customer may terminate this Agreement and Customer obligations hereunder during the initial Term or any subsequent renewal Term, without cause, for any reason, or for no reason, and in Customer's sole and absolute discretion. Upon Termination, all of Customer's licenses and rights to the System shall terminate, and Customer shall immediately cease use of the System. 6. PROPRIETARY RIGHTS OF THE FOUNDATION IN THE LICENSED SOFTWARE AND DOCUMENTATION. 6.1 Nature of Rights and Title. Customer acknowledges that the System and documentation supplied by The Foundation to Customer are proprietary and shall remain the sole and exclusive property of The Foundation and nothing in this Agreement shall be construed as transferring any aspect of such rights to Customer or any third party. 6.2 Unauthorized Acts. Customer agrees to notify The Foundation promptly of the unauthorized possession, use, or knowledge of any item supplied under this Agreement and of other proprietary information made available to Customer under this Agreement, by any person or organization not authorized by this Agreement to have such possession, use or knowledge. Customer's compliance with this subparagraph 6.2 shall not be construed in any way as a waiver of The Foundation's right, if any, to recover damages or obtain other relief against Customer for its negligent or intentional acts in regard to The Foundation's proprietary rights, or for breach of Customer's contractual obligations under this Agreement. 6.3 Remedies. If Customer attempts to use, copy, license, sub -license or otherwise transfer the Licensed Software or access to the System supplied by The Foundation under this Agreement, in a manner contrary to the terms of this Agreement or in competition with The Foundation or in derogation of The Foundation's proprietary rights, V.240701 Page 2 whether or not these rights are explicitly stated, determined by law, or otherwise, The Foundation shall have the right to obtain injunctive relief enjoining such action, in addition to any other remedies available to the Foundation under this Agreement, applicable law or in equity. Customer acknowledges that monetary damages would be inadequate. 6.4 Infringement Indemnification. The Foundation shall indemnify, defend and hold harmless Customer from and against any and all loss, cost, damage or liability, including reasonable attorneys' fees and expenses, arising out of or relating to any claim or cause of action for patent, copyright, and/or other intellectual property infringement (each, an "Infringement Claim") asserted against Customer by virtue of the System, Software or documentation or Customer's use or possession of the System, Software or documentation pursuant to this Agreement. The Foundation shall defend or settle at its sole expense all suits and proceedings arising out of the foregoing; provided that Customer gives The Foundation prompt notice of any such Infringement Claim of which it learns. In all events, Customer shall have the right to participate at its own expense in the defense of any such suit or proceeding through counsel of its own choosing. In the event that any Infringement Claim is asserted by a third party with respect to the System or Customer's use thereof, then and in that event, Customer may terminate its use of the System and/or this Agreement without payment of any contracted fees for services or periods not provided. 7. CONFIDENTIALITY AND DATA USE. 7.1 Confidential Information. The parties agree that any Confidential Information provided under this Agreement shall be held and maintained in strict confidence. Each party agrees to protect the Confidential Information of the other party in a manner consistent with the protections used to protect its own Confidential Information, including, without limitation, informing its employees of its obligations under this Agreement and taking such steps as are reasonable in the circumstances, or as reasonably requested by the other party, to prevent any unauthorized disclosure, copying or use of Confidential Information. Confidential Information means any proprietary material that the disclosing party designates as confidential (collectively, the "Confidential Information"). Confidential Information shall also include, without limitation, all information in any form which relates to the business, expertise and/or operations of the disclosing party, including without limitation, information in any form generally understood to be trade secret, proprietary or confidential and/or that is related to products and services, commercial and financial information, system functionality charts and descriptions, program code logic, trade secret information, and information about health care providers, customers and/or business partners. Confidential Information shall also include Protected Health Information as defined in HIPAA and its rules and regulations promulgated here under. The Foundation will not use Confidential Information except as expressly provided in this Agreement. Confidential Information does not include information that (i) is already known to the receiving party at the time it is disclosed and has not been obtained wrongfully, (ii) becomes publicly known without the fault of the receiving party, (iii) is independently developed by the receiving party, (iv) is approved for release in writing by the disclosing party, (v) is disclosed without restriction by the disclosing party to a third party, or (vi) is disclosed pursuant to applicable statutory or other legal or accreditation obligation beyond the control of the receiving party. 7.2 Unauthorized Disclosure. The recipient of any Confidential Information shall, upon discovery of any unauthorized use or disclosure of such Confidential Information, or any other breach of these confidentiality obligations by the recipient, fully cooperate with the disclosing party to assist the disclosing party to regain possession of the Confidential Information and prevent the further unauthorized use or disclosure of the Confidential Information. 7.3 Data Use. Customer agrees to provide The Foundation certain Data ("Data"), identified in the Statement of Work and signed by Customer, for the purposes of making the System function as designed. Customer Data is comprised of both Public Data ("Public Data"), and Non -Public Data ("Non -Public Data"). Public Data may be provided to community members to fulfill the primary purpose as described in Section 1 and is limited to public data subject to routine disclosure. Non -Public Data may contain additional data elements not considered public data subject to routine disclosure. Non - Public Data is intended primarily for use by Customer employees. Customer is responsible for administration and management of these user accounts, including the appropriate technical and administrative safeguards to prevent unauthorized access. The Foundation shall have no responsibility for unauthorized access to Non -Public Data or Confidential Information that results from Customer's failure to prevent unauthorized access. 7.3.1 Third -Party Data Use. The Foundation may make available certain third -party services whereby The Foundation may share Customer data on Customer's behalf. Customer can choose to opt -in to these services, which may require Customer to complete external agreements with third -party partners, prior to The Foundation V.240701 Page 3 making Customer Data available outside of the System. 7.3.2 Nationwide Third -Party Data Use. Customer understands and agrees that The Foundation may share Public Data received from Customer with certain third -party services if the third -party receives aggregate Public Data across other customers of The Foundation for uses deemed to be in the interest of public safety and consistent with The Foundation's Data Use Policy. This policy includes review of third -party usage by an oversight panel consisting of PulsePoint customers and leading public safety trade association(s). Any Nationwide Third -Party Data Use will be disclosed to Customer. 7.3.3 Performance and Statistical Data. The Foundation recognizes the importance in identifying issues and improvements surrounding the functionality, integration, performance, and reliability of the System. Customer agrees that The Foundation may collect, maintain, and use technical information related to the System, including, but not limited to, its usage, functionality, integration, performance, and reliability. The Foundation may use this information to improve its products or to provide customized services or technologies. 8. LIMITED WARRANTY. For the duration of this Agreement (the "Warranty Period"), The Foundation will investigate, document and deliver any amendments or alterations to the Licensed Software or other System components that may be required to correct errors which significantly affect performance. THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE FOUNDATION. THE FOUNDATION EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR SYSTEM WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT, EXCEPT AS REQUIRED HEREIN TO ADDRESS ERRORS THAT SIGNIFICANTLY AFFECT PERFORMANCE, ERRORS IN THE LICENSED SOFTWARE OR SYSTEM WILL BE CORRECTED. THE FOUNDATION'S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF THE FOUNDATION FOR ANY CLAIMS AND/OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF THE LICENSED SOFTWARE OR SYSTEM. 9. LIMITATION OF LIABILITY. THE FOUNDATION'S LIABILITY FOR ANY ACTIONS, CLAIMS OR DAMAGES ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE SYSTEM IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER IN THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. IN NO EVENT SHALL THE FOUNDATION HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING IN ANY WAY OUT OF THIS AGREEMENT UNDER ANY CAUSE OF ACTION. THE FOUNDATION WILL NOT BE LIABLE FOR LOSS, CORRUPTION OR COMPROMISE OF THE CONFIDENTIALITY OF CUSTOMER -PROVIDED DATA. 10. REFERENCE AND SPONSORSHIP. Customer agrees that The Foundation may identify Customer as a customer or user of the System on its website, App Store page and similar sites, and other marketing materials, and describe the project and the services provided by the Foundation to Customer. Nothing herein constitutes an endorsement of The Foundation by Customer. 11. GENERAL. 11.1 Assignment. This Agreement and any related obligation of one party, may not be assigned in whole or in part without the prior written consent of the other party, which shall not be unreasonably withheld. Any attempt by either party to assign any of the rights, duties or obligations of this Agreement without such consent shall be void. After and upon approved assignment, this Agreement shall bind and inure to the benefit of the parties and their respective successors, assignees, transferees, and legal representatives. 11.2 Amendment. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of Customer and The Foundation, and variance from the terms and conditions of this Agreement in any order or other written notification from the Customer will be of no effect. V.240701 Page 4 11.3 Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 11.4 Entire Agreement. Customer acknowledges that its authorized representative has read this Agreement, understands it, and agrees on behalf of Customer to be bound by its terms and conditions. Further, Customer agrees that this Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement, and other communications made or required pursuant to the terms of this Agreement shall be in writing and shall be (i) personally delivered, sent by nationally recognized courier service, or sent by certified mail, return receipt requested, and shall be deemed to have been received upon the earlier of actual receipt or five (5) business days after deposit with the nationally recognized courier service or deposit in the mail; (ii) sent by facsimile and deemed to have been received on the date of the facsimile confirmation; (iii) sent by electronic means and shall be deemed to have been received upon return of a read receipt. 11.5 Notices. Unless another address for a party has been specified by providing notice as set forth herein, such notices, demands, requests and other communications permitted or allowed under this Agreement must be sent to Customer at the address set forth on the signed Quote and to The Foundation, Attn: Legal, PO Box 12594, Pleasanton, CA 94588-2594. V.240701 Page 5 Addendum Page 1 of 15 ADDENDUM TO SOFTWARE AND SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PULSEPOINT FOUNDATION This Addendum to the Software and Services Agreement (“Addendum”) is made and entered into by and between the City of Fort Worth (“City,”) a Texas home rule municipality, and PulsePoint Foundation (“Vendor,”) collectively the “parties.” The Agreement documents shall include the following: 1.PulsePoint Quote No. PPF-00011282; 2.The Software and Services Agreement; 3.This Addendum; 4.Exhibit A – PulsePoint Statement of Work; 5.Exhibit B – Network Access Agreement. Notwithstanding any language to the contrary in the attached Software and Services Agreement (the “Agreement”), the parties stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1.Term. The initial term of this Agreement will begin upon execution by the City’s Assistant City Manager (“Effective Date”) and will expire on September 30, 2026, unless terminated earlier in accordance with this Agreement (“Initial Term”). The Agreement may be renewed, at the City’s option, for unlimited one-year renewal periods each a (“Renewal Term”), with each Renewal Term beginning on October 1 and ending on September 30 of the following year. The City shall provide Vendor with written notice of its intent to renew at least thirty (30) days prior to the end of each term. Nothing contained herein shall be construed as agreeing to automatic renewals. 2.Compensation. Total payment made annually under this Agreement by City shall not exceed One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such items, services, and/or expenses. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices from the vendor within thirty (30) days of receipt of such invoice. Vendor may charge interest on late payments not to exceed one percent (1%). 3. Termination. Addendum Page 2 of 15 a. Convenience. Either City or Vendor may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach. If either party commits a material breach of the Agreement, the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate the Agreement by giving written notice to the breaching party. c.Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 4.Attorneys’ Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys’ fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5.Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 6. Linked Terms and Conditions. If the Agreement contains a website link to terms and conditions, the linked terms and conditions located at that website link as of the effective date of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the Addendum Page 3 of 15 extent that the linked terms and conditions conflict with any provision of either this Addendum or the Agreement, the provisions contained within this Addendum and the Agreement shall control. If any changes are made to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void. 7.Insurance. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled “Self-Insurance by Governmental Units,” is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision, the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self-insured status as requested by Vendor. 8.Sovereign Immunity. Nothing herein constitutes a waiver of City’s sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 9.Limitation of Liability and Indemnity. Vendor agrees the exclusions or limits of liability, as may be stated elsewhere in the Agreement, shall not apply to the City’s claim or loss arising from any of the following: (a) Vendor’s breach of its data security obligations; (b) Vendor’s misuse or misappropriation of the City’s intellectual property rights, (c) Vendor’s indemnity obligations, or (d) any other obligations that cannot be excluded or limited by applicable law. To the extent the Agreement, in any way, requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 10.IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney’s fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section 9, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City’s interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may Addendum Page 4 of 15 receive relating thereto. Notwithstanding the foregoing, the City’s assumption of payment of costs or expenses shall not eliminate Vendor’s duty to indemnify the City under the Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR’S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. 11.Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and further agrees to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information (“Personal Data”) by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s) of Work (“Data Breach”), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor’s expense to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All Personal Data to which Vendor has access under the Agreement, as between Vendor and City, will remain the property of City. City hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City. Vendor’s obligation to defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. Addendum Page 5 of 15 12. No Mandatory Arbitration. To the extent the Agreement requires mandatory arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 13. Insurance. Vendor agrees that insurance coverage provided to City by Vendor is sufficient for purposes of the Agreement only. 14. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of Cityhereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 15. PublicInformation. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 16.Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 17. Network Access. a. City Network Access. If Vendor, and/or any of its employees, officers, agents, servants or subcontractors (for purposes of this section “Vendor Personnel”), requires access to the City’s computer network in order to provide the services herein, Vendor shall execute and comply with the Network Access Agreement which is attached hereto as Exhibit “A” and incorporated herein for all purposes. b.Federal Law Enforcement Database Access. If Vendor, or any Vendor Personnel, requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System (“FIRS”), Interstate Identification Index System (“III System”), National Crime Information Center (“NCIC”) or National Fingerprint File (“NFF”), or Texas Law Enforcement Telecommunications Systems (“TLETS”), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 (“CFR Part 20”), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City or the Fort Worth Police Department, under the Agreement, Vendor shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. No changes, modifications, alterations, or Addendum Page 6 of 15 amendments shall be made to the Security Addendum. The document must be executed as is, and as approved by the Texas Department of Public Safety and the United States Attorney General. 18. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under the Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate the Agreement for violations of this provision by Vendor. 19. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor’s signature provides written verification to City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 20. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 21.Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Addendum Page 7 of 15 22. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 23.Insurance. 1.1. The Vendor shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: 1.1.1. Commercial General Liability: 1.1.1.1. Combined limit of not less than $2,000,000 per occurrence; $4,000,000 aggregate; or 1.1.1.2. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000. Umbrella policy shall contain a follow-form provision and shall include coverage for personal and advertising injury. 1.1.1.3. Defense costs shall be outside the limits of liability. 1.1.2. Statutory Workers’ Compensation and Employers’ Liability Insurance requirements per the amount required by statute. 1.1.3. Technology Liability (Errors & Omissions) 1.1.3.1. Combined limit of not less than $2,000,000 per occurrence; $4million aggregate or 1.1.3.2. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000. Umbrella policy shall contain a follow-form provision and shall include coverage for personal and advertising injury. The umbrella policy shall cover amounts for any claims not covered by the primary Technology Liability policy. Defense costs shall be outside the limits of liability. Addendum Page 8 of 15 1.1.3.3. Coverage shall include, but not be limited to, the following: 1.1.3.3.1. Failure to prevent unauthorized access; 1.1.3.3.2. Unauthorized disclosure of information; 1.1.3.3.3. Implantation of malicious code or computer virus; 1.1.3.3.4. Fraud, Dishonest or Intentional Acts with final adjudication language; 1.1.3.3.5. Intellectual Property Infringement coverage, specifically including coverage for intellectual property infringement claims and for indemnification and legal defense of any claims of intellectual property infringement, including infringement of patent, copyright, trade mark or trade secret, brought against the City for use of Deliverables, Software or Services provided by Vendor under this Agreement; 1.1.3.3.6. Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, a separate policy specific to Technology E&O, or an umbrella policy that picks up coverage after primary coverage is exhausted. Either is acceptable if coverage meets all other requirements. Technology coverage shall be written to indicate that legal costs and fees are considered outside of the policy limits and shall not erode limits of liability. Any deductible will be the sole responsibility of the Vendor and may not exceed $50,000 without the written approval of the City. Coverage shall be claims-made, with a retroactive or prior acts date that is on or before the effective date of this Agreement. Coverage shall be maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance, or a full copy of the policy if requested, shall be submitted to the City to evidence coverage; and 1.1.3.3.7. Any other insurance as reasonably requested by City. 1.2. General Insurance Requirements: 1.2.1. All applicable policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. 1.2.2. The workers’ compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 1.2.3. A minimum of Thirty (30) days’ notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days’ notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City Addendum Page 9 of 15 of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 1.2.4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 1.2.5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 1.2.6. Certificates of Insurance evidencing that the Vendor has obtained all required insurance shall be delivered to and approved by the City’s Risk Management Division prior to execution of this Agreement. (signature page follows) Addendum Page 10 of 15 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: ___________________________ Name: Dianna Giordano Title: Assistant City Manager Date: ___________________________ PulsePoint Foundation: By: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: ___________________________ Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: By: ___________________________ Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: N/A Approval Date: N/A Form 1295: N/A 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: ___________________________ Name: Pete Rizzo Title: Sr. IT Solutions Manager City Secretary: By: ___________________________ Name: Jannette S. Goodall Title: City Secretary Addendum Page 11 of 15 EXHIBIT A PulsePoint Foundation Statement of Work (Attached) PulsePoint A Message from Our President We are very excited to partner with you to help improve cardiac arrest outcomes in your community. Before we begin, I would like to share our unique and proven approach to building your CPR and AED response network. Achieving the goal of PulsePoint Responders routinely beginning CPR and retrieving a nearby AED, prior to the arrival of advanced care, requires a significant number of local app users. Communities with a high density of app users greatly improve the odds of having at least one responder nearby that can quickly walk to the incident and provide care. While we are proud of being thought of as the "CPR app," our importance and utility to the community and your agency goes much deeper. PulsePoint keeps your community informed of emergency activity in real time. Residents use this information on a daily basis to know when there is an accident on their commute, or if the smoke they smell is an approaching wildfire. They'll share the routine usefulness of the app with neighbors, family and friends — and in turn they'll help build and sustain an engaged and reliable network of CPR -trained individuals. This combination is crucial to achieving broad community adoption and sustaining a lifesaving program. In addition to providing a real time filtered incident feed and CPR alerts in public places, PulsePoint is committed to first responders and providing actionable information both on -duty and off. PulsePoint Professional Responder is the professional version of PulsePoint Respond, providing advanced functionality for agency personnel. Professional Responders are shown all Fire/EMS calls in the jurisdiction along with complete address information and routing for all incident types. These employees and designated Registered Responders also receive CPR -needed alerts for both public and private activations. Given this mission we encourage you to fully review this Statement of Work to understand how PulsePoint can best serve your agency and community. Sincerely, I Richard Price, President PulsePoint Respond is a mobile app and cloud -based, 9-1-1 dispatch connected service that alerts CPR -trained citizens and off -duty professional responders to someone nearby having a sudden cardiac arrest. The goal of PulsePoint is to initiate CPR earlier and more often and increase the use of automated external defibrillators (AED) prior to emergency responders arriving on scene. With a survival rate of only about 10%, studies have shown that early CPR and AED use can double or triple chances of survival from cardiac arrest. "Sudden Cardiac Arrest is not just a job for emergency responders but rather a community -based issue that requires a community -based response. In no other medical situation is there such a vital reliance on the community." —International Association of Fire Chiefs PulsePoint Statement of Work —New Implementation v8.2024 OPERATIONAL OVERVIEW PulsePoint interfaces with the public safety communications center through a technical integration described in Schedule A. When the center dispatches a cardiac arrest incident in a public place, an alert is simultaneously sent to community app subscribers in the immediate proximity of the victim. PulsePoint Registered and Professional Responders, as identified by the agency, receive alerts in both public locations and private homes. Professional Responders (agency employees) are shown a complete incident list with additional capabilities. PulsePoint also creates more awareness of publicly available AEDs so that these devices can be located in the critical time of need by responders and dispatchers. The PulsePoint AED Registry provides complete control over Public Access Defibrillation (PAD) programs. Tightly integrated with both the PulsePoint Respond and PulsePoint AED apps, the PulsePoint AED Registry provides a simple workflow to manage critical registry tasks. The system will also alert AED Responsible Parties and Subscribers when there is a cardiac arrest near their AED location. CRITICAL SUCCESS FACTORS Engagement Achieving the goal of PulsePoint responders routinely beginning CPR and retrieving a nearby AED prior to the arrival of advanced care requires a significant number of local app users. Communities with a high density of app users greatly improve the odds of having at least one responder within the cardiac arrest activation radius. Having deployed PulsePoint in thousands of communities, we have learned that an app experience that provides daily value to the user is the most important factor in achieving meaningful engagement rates. Community marketing is present in all stages of a well -planned PulsePoint deployment. Effective outreach starts at launch — but sustained marketing is essential for broad community adoption. Our marketing team is always available to brainstorm ideas and assist your staff with execution. Real Time Interface Timely "CPR -needed" and "AED-needed" alerts are crucial to the effectiveness of PulsePoint, every minute that passes without CPR reduces the chances of survival by 10%. Real-time data is at the heart of a lifesaving interface. PulsePoint provides a well -supported set of managed services to address special interface requirements, including: ■ Public/Private location determination ■ Ability to suppress incidents by type or location ■ Normalization of incident types for consistent display in the app ■ Categorization of incident data for community and employee use ■ Dynamic activation radiuses based on population density, response times, or other local factors PulsePoint Statement of Work —New Implementation v8.2024 AGENCY ROLES AND RESPONSIBILITIES Pre -Implementation One of the most important steps in a successful implementation is assembling a team ready to complete the necessary internal tasks required to bring PulsePoint to the community. All members on the project team should gain familiarity with both PulsePoint apps and the PulsePoint user community before the project officially begins. 1. Download and begin use of the PulsePoint Respond and PulsePoint AED mobile apps. 2. Review the PulsePoint.orR website and follow PulsePoint on X @nulsepoint and/or Facebook @pulsepoint Project Lead The Project Lead is the point person who can connect the vision across all departments, be available when necessary, possess strong organizational skills, have experience implementing enterprise software, have the ability to pull in resources as needed, and possess the authority to make workflow changes. Ideally this person is a project champion who closely monitors milestones and key tasks and effectively manages the diverse internal project team. Key responsibilities of the Project Lead include: ■ Point of contact for PulsePoint Project Manager. ■ Manage project deliverables such as call types, dispatch status codes, and shapefiles. ■ Authority and ability to engage subject matter experts as needed. ■ Ensure all project team members understand project purpose, timelines, responsibilities, and communications plan. ■ Attend and actively participate in all mutually scheduled weekly or biweekly project status calls. ■ Once in the sandbox testing environment assign a small test team to verify the PulsePoint interface meets its design specifications and other requirements. ■ Provide final acknowledgment of project completion and authorize Soft Launch. Implementation Team In addition to the Project Lead, the Project Team typically includes: ■ Executive Champion -to provide leadership, prioritize resources, and support the purpose of the project. Technical Lead - responsible for assisting with the dispatch system integration. AED Registry Lead - familiar with PAD program or other AED initiatives. Marketing Lead - public information or outreach personnel that will facilitate the community announcement of PulsePoint by the agency including sustained marketing efforts. ■ Sponsor/aligned organizations - help to bring PulsePoint to the community (if applicable). PulsePoint Statement of Work —New Implementation v8.2024 PULSEPOINT ROLES AND RESPONSIBILITIES An experienced project manager and specialized subject matter experts will be assigned to work with your project team to successfully execute the implementation plan. Project Manager ■ Primary point of contact for agency Project Lead and coordinator of implementation plan. ■ Facilitate remote project kickoff call and lead weekly project status meetings. ■ Assist with PulsePoint system admin setup and training. ■ Provide a comprehensive test plan to ensure the application is functioning as designed. Technical Interface Lead ■ Primary engineering point of contact for dispatch system vendor and agency Technical Lead. ■ Configure environment as detailed in Schedule A. ■ Configure and test interface components. ■ Troubleshoot and assist with technical problem resolution. AED Registry Lead ■ Initial bulk upload of known AED locations, if available. ■ Provide orientation and training on PulsePoint AED app, registry admin and supporting resources. ■ Deploy strategies to engage community and internal resources to help build and maintain the AED registry. Community Outreach and Graphic Design Lead ■ Design a comprehensive marketing campaign for both an internal (employee and stakeholder) and external (public) launch. ■ Assistance with marketing activities and logistics, including launch day planning, media releases, community outreach campaigns, and long-term adoption strategies. PulsePoint Account Manager Post soft launch —Your Account Manager will help measure the success of PulsePoint by reviewing key metrics in PulsePoint Insights, and helping optimize performance. 5 PulsePoint Statement of Work —New Implementation v8.2024 PROJECT IMPLEMENTATION Support and participation from your project team is essential to a successful implementation. As the customer you agree to have all equipment, connections and facilities prepared and ready for implementation in accordance with the mutually agreed upon project schedule. Typical Project Timeline PHASE ONE (2-4 weeks) PHASE TWO (6-8 weeks) Agency Preparation PHASE THREE (on-goin,q) Download the PulsePoint Respond App Have your entire project team download the PulsePoint Respond app by searching "pulsepoint" in the App Store or on Google Play. Ask that they follow a few neighboring agencies or agencies similar to your own. This will allow your internal project team to become familiar with the app and be prepared to configure PulsePoint for your agency. Many aspects of the of the implementation process will be viewed and tested in a pre- production "sandbox' environment directly within the app. Obtain Any Required CAD Vendor Interfaces or Modules Your CAD vendor may require an interface or other components to integrate with PulsePoint. The earlier this is known and in place the better, as the technical implementation typically cannot begin until this requirement is completed. 6 PulsePoint Statement of Work —New Implementation v8.2024 Project Kick-off Call The Project Kick-off Call marks the formal start of your PulsePoint implementation. After introductions the PulsePoint Project Manager and Technical Interface Lead will layout project milestones and timelines, discuss key roles and responsibilities and propose a standing meeting schedule. This is also a forum for initial questions and level -setting. During this call your Project Manager will ask for the following information: ■ Incident Types and Descriptions o Your PulsePoint implementation requires a complete listing of all fire and medical incident type codes utilized by your agency. These incident types, or nature codes, are normalized to PulsePoint standard incident types and categorized for use in the community version and professional Verified Responder (employee) version of the app. The incident type codes along with associated descriptions should be provided in a spreadsheet format (not as a .pdf). In addition, if you are not using a standardized EMD protocol system (such as ProQA, PowerPhone, or APCO Intellicomm) also identify a definitive list of unconscious/unresponsive medical code types that would indicate the likely need for CPR. Note: Incidents of a confidential orsensitive nature will be limited to employees (i.e., Professional Responders) and suppressed in the community version of the app. Personal information such as patient name, SSN, birth date, etc. are never transmitted or known to PulsePoint. No law enforcement incidents of any type are allowed in the app. Your Project Manager willfully review this with you during agency validation and testing. ■ Dispatch Status Codes and Descriptions o Your PulsePoint implementation requires a complete listing of unit dispatch status codes. These status codes are normalized to PulsePoint dispatch statuses for use in the app. Please provide the codes along with associated descriptions in a spreadsheet format. ■ Shapefile(s) o Your PulsePoint implementation requires a GIS shapefile that defines the jurisdictional boundaries. Your GIS staff or planning department will likely be familiar with this common data format. If your implementation will include distinct agencies, gather the shapefiles for the service area of each entity. Note: If your service areas mirror standard municipal boundaries, PulsePoint may be able to obtain your shopefile(s) for you. PulsePoint Statement of Work —New Implementation v8.2024 Interface Configuration The interface configuration process varies depending on the interface method as defined in Schedule A. Typical tasks include installation and configuration, normalizing agency incident types to standard PulsePoint incident types, and data validation and testing in our sandbox (test) environment. Full CIA will be conducted by our engineering team to insure proper configuration. Agency Validation and Testing After installation and configuration is complete, but before the interface is moved from the sandbox/test environment, the Agency Validation and Testing phase begins. During this phase a limited but representative group of agency users begin active use and testing of the app. This group is provided secure web and app access to view agency data as it will appear in the future public release. Anomalies and exceptions reported by this team are closely tracked with updates provided during the project status meetings. AED Registry AED registry tasks include identification of existing AED location sources such as school districts and local government entities, bulk upload of know devices in your community, admin orientation and training, workflow roles and responsibilities, and introduction to community outreach strategies and resources. If your CAD vendor or EMD solution provider support the PulsePoint AED API, dispatch center staff can inform callers of nearby AEDs. These integrations are identified and configured during this phase. Note: The AED registry phase is not dependent on other milestones and may be completed any time prior to soft launch. Soft Launch Once validation and testing has been successfully completed and approved, PulsePoint will move the interface from the protected sandbox environment to the public production (live) environment. This step is typically done two to three weeks prior to a community/public launch and allows for an internal announcement to agency personnel and stakeholders. This also allows for final validation and testing prior to the public launch. Public Launch PulsePoint will help plan and coordinate your public launch activities. The public launch is generally conducted by trusted voices in your community and often involves public safety, civic leadership and local media. Project Closure Project closure occurs the first business day after completion of the implementation process, unless otherwise specified. The Project Manager will review the status of all implementation tasks and verify satisfactory completion of the project. PulsePoint Statement of Work —New Implementation v8.2024 Ongoing Maintenance and Support Once the project is closed, PulsePoint provides ongoing technical and operational support per the terms of the PulsePoint Subscription Agreement. This includes CAD system updates and version changes that impact the interface; however, implementation of a new CAD system (vendor change) will require a new interface and project. Please make sure to involve PulsePoint early in a CAD conversion process to allow enough time to quote and plan a professional services project and ensure service continuity. Support can be obtained at support@pulsepoint.org. PulsePoint Statement of Work —New Implementation v8.2024 PulsePoint Statement of Work— New Implementation SCHEDULE A— PULSEPOINT CONNECT: DIRECT READ Technical Phase for PulsePoint Connect: CAD Direct Read This interface establishes a SQL Server Linked Server connection to the live CAD database or near real-time data warehouse. This method typically does not require a separate interface or direct involvement from the CAD vendor. PulsePoint iOS App ............................� �...: iOS Messaging ; for Alerts ......' ..............' O : PulsePoint 'nneci Android Messaging for Alerts 0 PulsePoint Android App HTTPS (TLS v1.2 or greater) Outbound Only ; :......... PulsePpint .............................. api.pulsepoint.org ...................................................r-P Insights analytics Data Security All PulsePoint API communication is over HTTPS with a minimum supported security protocol of TLS v1.2 to ensure data privacy end -to -end over the internet. Unsecured HTTP and legacy SSL protocols are not supported. API account authentication is performed via a combination of HTTP Basic Auth and a globally unique agency assigned API key. Authentication and key validation are done over a secure encrypted handshake. PulsePoint API servers are firewalled and port limited to HTTPs/SSL (port 443) for API communication and SSH (port 22) for secure encrypted terminal access by vetted engineers. 10 PulsePoint Statement of Work — New Implementation Only monitored SSH private/public keypairs are used for terminal access to PulsePoint servers. No password based terminal access is allowed. Data is stored on Amazon RIDS database instances within an AWS account VPC (Virtual Private Cloud). Data 'at rest' is encrypted with the industry standard AES-256 encryption algorithm via a secured keypair. Access to data backups stored on Amazon RIDS servers are secured with AWS Identity Access Management (IAM) policies and restricted to a limited number of vetted individuals. PULSE POINT CONNECT TECHNICAL SPECIFICATIONS Real -Time CAD Data Access PulsePoint Connect requires real-time, read-only access to CAD data. PulsePoint Connect can be configured to use either a true real-time CAD data warehouse or the live CAD system via a linked server connection. Real- time in this case means that PulsePoint Connect can reliably access CAD data within 30 seconds from when an event occurred (e.g., Call Received Date/Time). PulsePoint Connect Server Requirements PulsePoint Connect runs on a server that your agency will furnish and maintain. The interface sends outbound only (https) messages to PulsePoint. This server should be dedicated to running PulsePoint Connect, if possible. The server requirements are: ■ Windows° Server 2019 or greater ■ 4 GB of RAM ■ 40 GB disk space ■ PulsePoint Connect does not store data, so the disk space requirement remains fixed ■ Dual -core CPU at a minimum ■ Server can be a VMWare session ■ Server needs access to real-time CAD data (read-only) ■ Administrator rights on the provided server to install and configure the PulsePoint Connect application and service ■ Fully patched (Windows Update process run) PulsePoint Connect server ■ Access to the Internet to communicate with PulsePoint over https port 443 PulsePoint Connect Installation PulsePoint Connect services are installed remotely once the customer -provided server environment is ready. This is accomplished via either VPN access to the PulsePoint Connect server or by designating a technical staff member(s) to assist in establishing GoToAssist (httID://www.gotoassist.com/)sessions. 11 PulsePoint Statement of Work— New Implementation During the PulsePoint Connect installation process, the agency's CAD Database Administrator will need to provide the server name or server IP address, and the CAD database/data-warehouse user ID and password. With these three items a SQL Server linked server connection can be established with the CAD data base/data-wa rehouse. PulsePoint Connect Data Flow Diagram PulsePoint Connect utilizes a series of lightweight stored procedures that are optimized to minimize impact on customer systems. These stored procedures provide a dynamic interface that provides timely and targeted data for use in the system. QueIyOPlncidentUpload CAD Stored Procedure Data Source QueryOPUnitUpload Stored Procedure QueryClosedlncidentUpload Linked Stored Procedure SBnler (Read-only) PPC Application finds new transaction data FindOPPulsePoint PPC Application checks for new transaction data PulsePoint SaaS (AWS-hosted) outbound only via HTTPs1SSL ( port 443) 'o 12 PulsePoint Statement of Work— New Implementation AGENCY PROJECT LEAD Please provide the name and contact information for your Agency Project Lead. Name Pete Rizzo Title Sr. IT Solutions Manager Email Pete.Rizzo@fortworthtexas.gov Phone ( 817t392-3016 /_[C]11►[4l'/_TC1:»:1111u1:1►11 The signature below approves this Statement of Work and authorizes the Agency Project Lead to proceed with this project as delineated in this document. AW018%_ Name and Signature Dianna Giordano (Dec 8, 202516:00:28 CST) Title Assistant City Manager Agency City of Fort Worth Email Phone ( ) Date 12/08/3025 CAD Software Do you use a criteria -based medical dispatch system? [ ] ProCA Paramount [ ] PowerPhone Total Response [ ] APCO Intellicomm [ ] Other 13 Addendum Page 12 of 15 EXHIBIT B Network Access Agreement This Network Access Agreement (“Access Agreement”) is made and entered into by and between the City of Fort Worth (“City,”) a Texas home rule municipality, and PulsePoint Foundation (“Vendor”). 1.The Network. The City owns and operates a computing environment and network (collectively the “Network”). Vendor wishes to access the City’s Network in order to provide services as described in the Agreement. In order to provide the necessary support, Vendor needs access to various City systems as it pertains to the services agreed upon in the aforementioned Agreement. 2.Grant of Limited Access.Vendor is hereby granted a limited right of access to the City's Network for the sole purpose of providing provided services as described in the Vendor Services Agreement. Such access is granted subject to the terms and conditions forth in this Access Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Access Agreement for all purposes herein and are available upon request. 3.Network Credentials.The City will provide Vendor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Access Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year from the date of this Access Agreement (“Expiration Date”). Services are being provided in accordance with City Secretary Contract No. ________. (“Agreement”) Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. ______. (“PSK #”) Services are being provided in accordance with the Agreement to which this Access Agreement is attached. (“Agreement”) Services are being provided without a City Secretary Contract at no cost to the City No services are being provided pursuant to this Access Agreement 4.Renewal. This Access Agreement shall renew in accordance with the term of the Contract or PSK #. If there is no Contract or PSK #, this Access Agreement may be renewed annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term thereafter. Addendum Page 13 of 15 Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Access Agreement. 5. Network Restrictions. Vendor officers, agents, servants, employees or representatives may not share the City-assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's compliance with this Access Agreement. A breach by Vendor, its officers, agents, servants, employees or representatives, of this Access Agreement and any other written instructions or guidelines that the City provides to Vendor pursuant to this Access Agreement shall be grounds for the City immediately to deny Vendor access to the Network and Vendor's Data, terminate the Access Agreement, and pursue any other remedies that the City may have under this Access Agreement or at law or in equity. 6.Termination.In addition to the other rights of termination set forth herein, the City may terminate this Access Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Access Agreement, Vendor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the City’s Network. 7.Information Security. Vendor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City’s Network, including but not limited to, theft of Vendor-owned equipment that contains City-provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City-provided Network credentials, and unauthorized use or sharing of Network credentials. 8.LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS ACCESS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR 'S DATA ON ACCOUNT OF ANY BREACH OF THIS ACCESS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS Addendum Page 14 of 15 OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR 'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9.Confidential Information. Vendor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Vendor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10.Right to Audit.Vendor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Vendor involving transactions relating to this Access Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 11. Agreement Cumulative.This Access Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This Access Agreement and any other documents incorporated herein by reference constitute the entire understanding and Access Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access to and use of the City's Network. 12. Amendments.The terms of this Access Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Vendor. Addendum Page 15 of 15 13. Assignment. Vendor may not assign or in any way transfer any of its interest in this Access Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability.If any provision of this Access Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Majeure.Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Access Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 16.Governing Law / Venue. This Access Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Access Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: PulsePoint Foundation Subject of the Agreement: New Agreement with PulsePoint Foundation M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 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? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: September 30, 2026 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project 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 nrocessinv- in the followinv- order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.