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City of Tamarac Resolution R-2021-064
Temp. Reso. 13614 June 23, 2021 Page 1 of 6 111 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- 0OL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RATIFYING PAST PURCHASES FROM PRESIDIO NETWORK SOLUTIONS AND AWARDING IFB 21-20B TO PRESIDIO NETWORK SOLUTIONS FOR THE PURCHASE OF A THREE (3) YEAR CISCO SYSTEMS FLEX LICENSING AGREEMENT AT A TOTAL THREE (3) YEAR COST OF $64,752.50, PAID ANNUALLY WITH A YEAR 1 COST OF $15,636.50 AND A YEAR 2 AND YEAR 3 COST OF $24,558.00 PER YEAR, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A THREE (3) YEAR CISCO SYSTEMS FLEX LICENSING AGREEMENT; AUTHORIZING EXPENDITURES FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE • DATE. WHEREAS, technology is one of the key components in the efficient delivery of City services, and the City's telephone system infrastructure is critical to ensuring continued operations; and WHEREAS, the City's existing three (3) year Cisco Systems Software Support Services (SWSS) maintenance and support contracts for the City's telephone system expire on June 19, 2021, thereby requiring renewal in order to maintain said coverage; and WHEREAS, Cisco Systems has transitioned away from SWSS to a subscription- • based licensing model (which includes maintenance and support) called Flex, thereby Temp. Reso. 13614 June 23, 2021 Page 2 of 6 • requiring the City to now purchase and execute a Cisco Systems Flex Licensing Agreement to continue receiving software upgrades and 24x7x4 maintenance and support for its telephone system software; and WHEREAS, on May 24, 2021, the City issued IFB 21-20B - Cisco Flex Licensing Agreement, on file with the City Clerk's Office, requesting quotes from authorized Cisco Systems partners for a three (3) year Cisco Systems Flex Licensing Agreement, starting on July 1, 2021, and ending on June 30, 2024; and WHEREAS, six (6) responses were received, with quotes as shown below: Presidio Network Solutions $64,752.50 Veytec $74,249.01 III Total Communications, Inc. $87,560.82 We Did It Consulting LLC $94,999.98 Hypertec USA, Inc. $107,684.55 C & C International Computers and Consultants, Inc. $361,260.00 ; and WHEREAS, the quote from Presidio Network Solutions was deemed as the least expensive for the required Cisco Systems Flex Licensing Agreement; and WHEREAS, funding is available in the Information Technology operating account for said purposes, and has been and will be requested in future budgets for the remaining contract term; and 0 Temp. Reso. 13614 June 23, 2021 Page 3 of 6 WHEREAS, it is the recommendation of the Director of Information Technology and the Purchasing and Contracts Manager that the City Commission of the City of Tamarac ratify past expenditures with Presidio Network Solution, as well as award IFB 21-20B to Presidio Network Solutions for the purchase of a three (3) year Cisco Systems Flex Licensing Agreement, for a total three (3) year cost of$64,752.50, paid annually with a Year 1 cost of$15,636.50 and a Year 2 and Year 3 cost of$24,558.00 per year, and to authorize appropriate City Officials to execute a three (3) year Cisco Systems Flex Licensing Agreement, including the Cisco End User Information Form and any other necessary documents to effectuate said Cisco Systems Flex Licensing Agreement, starting on July 1, 2021, and ending on June 30, 2024; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to ratify past expenditures with Presidio Network Solution, as well as award IFB 21-20B to Presidio Network Solutions for the purchase of a three (3) year Cisco Systems Flex Licensing Agreement, for a total three (3) year cost of$64,752.50, paid annually with a Year 1 cost of $15,636.50 and a Year 2 and Year 3 cost of $24,558.00 per year, and to authorize appropriate City Officials to execute a three (3) year Cisco Systems Flex Licensing Agreement, including the Cisco End User Information Form and any other necessary documents to effectuate said Cisco Systems Flex Licensing Agreement, starting on July 1, 2021, and ending on June 30, 2024. i Temp. Reso. 13614 June 23, 2021 Page 4 of 6 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The City Commission hereby ratifies past expenditures with Presidio Network Solution, as well as awards IFB 21-20B to Presidio Network Solutions for the purchase of a three (3) year Cisco Systems Flex Licensing Agreement, for a total three (3) year cost of$64,752.50, paid annually with a Year 1 cost of$15,636.50 and a Year 2 and Year 3 cost of $24,558.00 per year, and authorizes appropriate City Officials to execute a three (3) year Cisco Systems Flex Licensing Agreement, including the Cisco End User Information Form and any other necessary documents to effectuate said Cisco Systems Flex Licensing Agreement, starting on July 1, 2021, and ending on June 30, 2024. SECTION 3: Funding is and will be available for the purchase of a Cisco Systems Flex Licensing Agreement from the appropriate accounts for a total three (3) year cost not to exceed $64,752.50. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. . Temp. Reso. 13614 June 23, 2021 Page 5 of 6 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally" • s Temp. Reso. 13614 June 23, 2021 Page 6 of 6 SECTION 6: This Resolution shall become effective immediately upon its III passage and adoption. PASSED, ADOPTED AND APPROVED this ___.c day of -Jo t11 c , 2021. mil/A'CHELLE J. G iEZ, MAYOR ATTEST: 1 J NIF JO N, CMC CITY CLERK RECORD OF COMMISSION VOTE: • MAYOR GOMEZ _ DIST 1: COMM. BOLTON � 5 DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have appr ved this RESOLUTION as to form. JO4-iN RI. I�-ERr , JR CITY ORNEY Ill 21 -20B CISCO FLEX LICENSING AGREEMENT Closing Date:Thursday,June 10,2021 Submission Summary Vendor City/Province Submission Name Unofficial Value or Notes Total Communications Inc E Hartford,CT Submission 1 Cost Bid Form:$87,560.82 We Did It Consulting LLC Sunrise,FL Submission 1 Cost Bid Form:$94,999.98 Presidio Network Solutions Oakland Park,FL Submission 1 Cost Bid Form:$64,752.50 veytec ORLANDO,FL Submission 1 Cost Bid Form:$74,249.01 Hypertec USA Inc. (Hypertec Direct) Tempe,Arizona Submission 1 Cost Bid Form:$107,684.55 C&C International Computers and Consultants,Inc. Hollywood,FL Submission 1 Cost Bid Form:$361,260.00 Witness(Print Name) Signature Date Witness(Print Name) Signature Date Witness(Print Name) Signature Date • • 21 -20B - CISCO FLEX LICENSING AGREEMENT Opening Date: May 24,2021 9:30 AM Closing Date: June 10, 2021 3:00 PM Vendor Details Company Name: Presidio Network Solutions 3250 W.Commercial Place Address: Oakland Park, FL 33309 Contact: Amir Wexler Email: awexler@presidio.com Phone: 561-299-6734 HST#: 45-1263428 Submission Details Created On: Tuesday June 01,2021 06:52:46 Submitted On: Wednesday June 09,2021 18:03:12 Submitted By: Amir Wexler Email: awexler@pnesidio.com Transaction#: ab331585-1 cbe-417e-806a-28f85c5aefac 411 Submitter's IP Address: 206.128.133.4 • Bid Number: 21-20B Vendor Name: Presidio Network Solutions Schedule of Prices Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do at or any part of the Work which is set out or called for in this Bid,at the unit prices, or lump sums,hereinafter stated. Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. All funds are to be submitted in USD currency. Cost Bid Form 1 Cisco Systems three(3)year Flex Licensing Agreement. Contract $21,584.1666 3 $64,752.50 dates-July 1, 2021 through June 30, 2024. Subtotal. $64,752.50 Bid Questions Respondents must be authorized Cisco Systems partners and/or resellers.Is your fine an authorized Yes Cisco Systems partner or reseller? Specifications Scrutinized Companies I certify that my company will not 1. Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycott Israel List;and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the.Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and 5. Has not engaged in business operations in Syria. Ilmiffing a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the e certification.The Contractor shall have ninety(90)days following recelipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to florida Statute§287.135.Section 287.135,Florida Statutes,prohibits the City from: 1)Contracting with companies for goods or services in any amount if at the time of bidding on,submitting a proposal for,or entering into or renewing a contract rf the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.or is engaged in a boycott of Israel;and 2)Contracting with companies,for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s.215.473,or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor,I hereby certify that the company identified above in the section entitled"Contractor Name"does not participate in any boycott of Israel,is not listed on the Scrutinized Companies that Boycott Israel List,is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,and is not engaged in business operations in Syria.I understand that pursuant to section 287.135,Florida Statutes,the submission of a false certification may subject the company to civil penalties,attomey's fees,and/or costs.I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List „es r No By execution of this Agreement,Contractor certifies that the Contractor is not participating in a boycott of Israel.The Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has the Contractor been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification.The Contractor shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. • Bid Number: 21-20B Vendor Name: Presidio Network Solutions VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087,Florida Statutes.This requirement affects all public entities of the State and becomes effective January 1,1991.The special condition is as follows: IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs.Whenever two or more bids that are equal with respect to price,quality,and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.In order to have a drug-free workplace program,a business shall: Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 3. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after each conviction. 4. Impose a section on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.As the person authorized to sign the statement,I certify that this form complies fully with the above requirements. a Yes C No BIDDER'S QUALJFICATION STATEMENT-1 mac, 1 Presidio Networked 3250 W. Commercial Presidio Networked No 6 Yes R Yes C Yes N/A. None of the ti Yes Solutions, LLC Place Solutions, INC.; Presidio C No C No r No Above C No Suite 360, Oakland Holdings, INC. Park, FL 33309 BIDDER'S QUALIFICATION STATEMENT-CONTINUED 2 : OM 3/23/2001 Florida Bob Cagnazzi N/A WA WA N/A WA WA 30 • Bid Number: 21-20B Vendor Name: Presidio Network Solutions BIDDER'S QUALIFICATION STATEMENT-CONTINUED 3 State the names and addresses of nd IIIbusinesses and/or State the names, Do you have a complete,Have you ever tailed to List the pertinent State the name of the State the name and individuals who own addresses and the complete arty work individual who win an interest of more of business of all Line set of documents, awarded to you?It so, experience of the key have personal address of attorney,if than five percent(5%) type 'Item including drawings and individuals of your any,for the business of firms that are partially i state when,where and supervision of the of the offeror,.addenda? why: organization work:' the Offeror: business and indicate or wholly owned by the percentage owned Offeror: of each such business anNor individual: 1 e Yes No Presidio is one of the Jason Kline; Amir Elliot Brecher ck. '.,,i N/A r No largest and most Wexler, Gabe Stix Presidio, 1 Penn adept providers of Plaza, Suite 2501, advanced technology New York, NY 10119 solutions and services. We are passionate about driving resutts for our clients, delivering the highest quality of products and services to help them unlock the unlimited potential of a completely connected world. PROPOSER'S QUALIFICATION STATEMENT-CONTINUED 4 tlneBsart ,"-,Addre ss,Phone Number,Corrtradd Ys�tt tliaiMlta on page one?' 1 PNC Bank a Yes 1600 Market Street, C No Philadelphia PA, 19103 CERTIFICATION We(I),the undersigned,hereby agree to furnish the item(syservice(s)described in the Invitation to Bid.We(I)certify that we(I)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments.Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Invitation to Bid. Ace*which type of s Federal Tax ID l add Company Name' Address' Telephone City* State' ZIP• license for above wnaation' __ . . Number* Number OTHER Presidio 3250 W. 5617018661 Oakland Park Florida 33309 2021001115 581667655 kstrohmanqgpre Networked Commercial sidio.com Solutions, LLC Place Suite 360 VENDOR OWNERSHIP v.rxe iiArm has been certified as a Small Business (SBE),a Women Owned Business (WBE),a Minority lf you are a Owned construction Which of the Which of the Which of Business firm'is the (MBE)or a following best following best following best average describes the describes the describes the Veteran annual gross Owned Line Does your firm employ more than 50 persons(including full-time and part- Is your firm a revenue for gender of your gender of your primary Business Bern time employees)' construction firm? firm's primary firm's primary owner's your firm for (VBE)owner(at least owner(at least veteran status please the past three 51% 51% (et least 51% indicate the (3)greater than$9 agency or ownership): ownership): ownership): agencies that million? have granted the certification to your firm.(If you choose "other"please indicate the i' name or t names of the certifying tt. 1 a Yes r Yes r Yes Not Applicable/ Not Applicable/ Non-Veteran Not Applicable/ !c No r= No C No Prefer Not to Prefer Not to Prefer Not to • Say Say Say Bid Number: 21-20B Vendor Name: Presidio Network Solutions Firm's Primary Ownership '�'e�r�wu> hTr, ...�„>..� :•. €•' u , rc.,€*,w.;,�s...a ,,>' �.i:a .: ^�. ca.. a:a,-y �, cvA�wua. re^� 'i x."s*n,.`ta` ' • • ..tom: ...m..v.C.>r. '.4� ..... .x. • ... • « ... • .1111 Not Applicable CaucasianMR€ite None Broward County Local business preference (Broward County) References REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: 1 City of Port Saint Lucie 121 SW Port St Lucie Blvd Bill Jones 772-871-5225 JonesBgcityofpsl.com Building A, Port St Lucie, FL 34984 giil d F re ,;gym' ii a,€ _ x t"�"..tea, i�b i't 1/1,•.ay.4.. 3 Florida Atlantic University 777 Glades Rd, Boca Raton, Mehran Basiratmand 561-297-0230 mehrangfau.edu FL 33431 Documents It is your responsibility to make sure the uploaded file(s)is/are not defective or corrupted and are able to be opened and viewed by the Owner.If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. • NON-COLLUSIVE AFFIDAVIT-Tamarac Non Collusion signed.pdf-Wednesday June 09,2021 17:54:30 • Certified Resolution-Corporate Officer's Certificate-Keith Strohman Signature Authority(3-16-20).pdf-Wednesday June 09,2021 17:55:49 • W9-2021-PNS-W-9(1).pdf-Wednesday June 09,2021 17:57:02 • Certificate of Insurance(COQ-City-of-Tamarac_BCEC-Port-Holdi_20-21-alNines_5-17-2021_115451067.pdf-Wednesday June 09,2021 17:54:03 • Proof of Cisco Systems Partnership-Cisco Gold Integrator.pdf-Wednesday June 09,2021 17:58:23 • Additional Document-CoT-Flex 2001721021219-04.pdf-Wednesday June 09,2021 17:58:34 411 Bid Number: 21-20B Vendor Name: Presidio Network Solutions Addenda,Terms and Conditions OTION V.STANDARD TERMS AND CONDITIONS EQUEST FOR JOINT PROPOSAL Our Vision and Mission Our Vision:The City of Tamarac,our community of choice—leading the nation in quality of life through safe neighborhoods,a vibrant economy,exceptional customer service and recognized excellence. Our Mission:We Are`Committed to Excellence...Always"It is our job to foster and create an environment that... Responds to the Customer Creates and Innovates Works as a Team Achieves Results,and Makes a Difference In the fulfillment of our vision and mission,as stewards of the public trust,we value vision,integrity,efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community,and in support of that vision and mission,we are committed to ensuring that qualified, competitive vendors who share our commitment to quality,efficiency,teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered;in a manner that improves the overall value of the services that the City provides to its residents.In addition,we expect our vendors to work with the City as a team,and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work,and the successful firm will be measured against the performance standards outlined in this bid invitation. 1. STANDARD TERMS AND CONDITIONS These Standard Terms and Conditions apply to all offers made to the City of Tamarac by all prospective Proposers,including but not limited to,Requests for Quotes,Requests for Proposal and Requests for Bid.As such the words"bid","proposal"and"offer"are used interchangeably in reference to all offers submitted by prospective Proposers.The City of arac reserves the right to reject any or all proposals,to waive any informalities or irregularities in any proposals received,to re-advertise for proposals,to enter into contract otiations with the selected Proposer or take any other actions that may be deemed to be in the best interest of the City of Tamarac.Any and all special conditions in this RFP or y sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these Standard Terms and Conditions. If no changes or deletions to the Standard Terms and Conditions are made in the Special Conditions,then the Standard Terms and Conditions shall prevail in their entirety. 2. INSURANCE 2.1 Offeror agrees to,in the performance of work and services under this Agreement,comply with all federal,state,and local laws and regulations now in effect,or hereinafter enacted during the term of this agreement that are applicable to Offeror,its employees,agents,or subcontractors,if any,with respect to the work and services described herein. 2.2 Offeror shall obtain at Offeror's expense all necessary insurance in such form and amount as required by this proposal or by the City's Risk Manager before beginning work under this Agreement 2.3 Offeror shall maintain such insurance in full force and effect during the life of this Agreement.Offeror shall provide to the City's Risk Manager current certificates of all insurance required under this section prior to beginning any work under this Agreement. 2.4 Offeror shall indemnify and save the City harmless from any damage resulting to it for failure of either Offeror or any Sub-Offeror to obtain or maintain such insurance. 2.5 The following are required types and minimum limits of insurance coverage,which the Offeror agrees to maintain during the term of this contract: Insurance Requirements Limits Line of Business Coverage Occurrence Aggregate Commercial General Liability Including: Premises/Operations Contractual Liability Personal&Advertisina iniury Bodily Injury Independent Contractors $1,000,000 $2,000,000 Explosion Collapse and Underground Hazard Products/Completed Operation Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers Compensation&Employer's Liability Statutory The City reserves the right to require higher limits or additional coverages depending upon the Statement of Work under this Agreement. Neither Offeror nor any Sub-Offeror shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City evidence of such coverage in the form of an insurance certificate and endorsement.The Offeror will ensure that all Sub-Offerors will comply with the above guidelines and will Sntain the necessary coverages throughout the term of this Agreement. Bid Number: 21-20B Vendor Name: Presidio Network Solutions 2.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and shall be licensed to do business in Florida.Policies shall be"Occurrence"form.Each carrier will give the City sixty(60)days notice prior to cancellation. 2.8 The Offerors liability insurance policies shall be endorsed to add the City of Tamarac as an"additional insured".The Offeror's Workers'Compensation carrier will provide a Waiver of Subrogation to the City. 2.9 The Offeror shall be responsible for the payment of all deductibles and self-insured retentions.The City may require that the Offeror purchase a bond to cover the full amount of the deductible or self-insured retention. 2.10 If the Offeror is to provide professional services under this Agreement,the Offeror must provide the City with evidence of Professional Liability insurance with,at a minimum,a limit of$1,000,000 per occurrence and in the aggregate."Claims-Made"forms are acceptable only for Professional Liability. 2.11 The Successful Offeror agrees to perform the work under the Contract as an independent contractor,and not as a subcontractor,agent or employee of City. 3. INDEMNIFICATION 3.1 GENERAL INDEMNIFICATION:Contractor shall,in addition to any other obligation to indemnify the City and to the fullest extent permitted by law,protect,defend, indemnify and hold harmless the City,their agents,elected officials and employees from and against all claims,actions,liabilities,losses(including economic losses),costs arising out of any actual or alleged: a).Bodily injury,sickness,disease or death,or injury to or destruction of tangible property including the loss of use resulting therefrom,or any other damage or loss arising out of or resulting,or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor,any sub-Contractor,anyone directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable in the performance of the Work;or b).violation of law,statute,ordinance,governmental administration order,rule,regulation,or infringement of patent rights by Contractor in the performance of the Work;or c).liens,claims or actions made by the Contractor or any sub-contractor under workers compensation acts;disability benefit acts,other employee benefit acts or any statutory bar. Any cost of expenses,including attomey's fees,incurred by the City to enforce this agreement shall be borne by the Contractor 3.2 Upon completion of all Services,obligations and duties provided for in this Agreement,or in the event of termination of this Agreement for any reason,the terms and conditions of this Article shall survive indefinitely. 3.3 The Contractor shall pay all claims,losses,liens,settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including,but not limited to,reasonable attomey's fees(including appellate attomey's fees)and costs. 3.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 3.5 Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 4. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties.It is the intent of the Parties that the Contractor is an • independent contractor under this Agreement and not the City's employee for any purposes,including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments,Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code,the State Worker's Compensation Act,and the State Unemployment Insurance law.The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City,State,or United States policies,rules or regulations relating to the use of Contractor's funds provided for herein.The Contractor agrees that it is a separate and independent enterprise from the City,that it had full opportunity to find other business,that it has made its own investment in its business,and that it will utilize a high level of skill necessary to perform the work.Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor,including but not limited to unpaid minimum wages and/or overtime premiums. 5. TERM/SCHEDULE 5.1 Contract Term:The City may require a final term Agreement which shall be in place for a specified timeframe,and may additionally provide for one or more renewal options.Such information shall be provided in the Statement of Work herein.When the City utilizes a term Agreement,the successful contractor will be responsible to successfully perform in accordance with the requirements of the Statement of Work for the full term of the Agreement,as well as any agreed upon contract renewals and extensions.In the event that The City is unable to renew or replace an agreement prior to the end of the contract term,the Contractor shall continue to perform under the Agreement on a month-by-month basis at the same terms,conditions and pricing currently in place on the originally scheduled contract completion date,for a period not to exceed three(3)months,or until a new contract is put in place,whichever period is shorter. 5.2 Project Schedule:When submitting a proposal for a single project,which will be accepted upon final completion of work,Proposer shall provide City with an estimated number of days and hours anticipated to complete the project.The City reserves the right to consider the acceptability or unacceptability of the Proposers schedule based upon the needs of the City for the individual project.The City shall be sole judge of the acceptability of a proposed project schedule. 6. DELIVERIES Any item requiring delivery by the Offeror or by sub-contractors shall be delivered F.O.B.destination to a specific City address.All delivery costs and charges must be included in the bid price.If delivery of an item is required,the City reserves the right to cancel the delivery order(s)or any part thereof,without obligation if delivery is not made at the time specified in the proposal. 7. WARRANTIES 7.1 Successful Offeror warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of,or constitute a default under any indenture,mortgage,contract,or agreement to which Successful Offeror is a party. 7.2 Successful Offeror warrants to City that it is not insolvent,it is not in bankruptcy proceedings or receivership,nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 7.3 Successful Offeror warrants to City that it will comply with all applicable federal,state and local laws,regulations and orders in carrying out its obligations under the • Contract. Bid Number: 21-20B Vendor Name: Presidio Network Solutions 7.4 All warranties made by Successful Offeror together with service warranties and guarantees shall run to City and the successors and assigns of City. 8. CONDITIONS OF MATERIAL II" All materials and products supplied by the Offeror in conjunction with this proposal shall be new,warranted for their merchantability,fit for a particular purpose,free from cts and consistent with industry standards.The products shall be delivered to the City in excellent condition.In the event that any of the products supplied to the City are found o be defective or do not conform to the specifications,the City reserves the right to return the product to the Bidder at no cost to the City. 8.2 Successful Offeror shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment.The warranty period shall commence upon final acceptance of the product. 9. COPYRIGHTS OR PATENT RIGHTS The Offeror warrants that there has been no violation of copyrights or patent rights in manufacturing,producing or selling the goods shipped or ordered as a result of this bid.The seller agrees to hold the City harmless from all liability,loss or expense occasioned by any such violation. 10. SAFETY STANDARDS The Proposer warrants that the product(s)supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended,and shall be in compliance with Chapter 442,Florida Statutes as well as any industry standards,if applicable.Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet(MSDS). 11. INSPECTION The City shall have the right to inspect any materials,components,equipment,supplies,services or completed work specified herein.Any of said items not complying with these specifications are subject to rejection at the option of the City.Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 12. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract,the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity and expression,or disability if qualified.The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment,without regard to their race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity or expression,or disability if qualified.Such actions must include,but not be limited to,the following:employment,promotion;demotion or transfer;recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Consultant and its sub-consultants shall agree to post in conspicuous places,available to its employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.The Consultant further agrees that he/she will ensure that all sub-consultants,if any,will be made aware of and will comply with this nondiscrimination clause. 13. TAXES Successful Offeror shall pay all applicable sales,consumer use and other similar taxes required by law. 13.2 The City of Tamarac is exempt from all Federal,State,and Local taxes.An exemption certificate will be provided where applicable upon request. 14. PERMITS,FEES AND NOTICES Successful Offeror shall secure and pay for all permits and fees,licenses and charges necessary for the proper execution and completion of the work,if applicable.The costs of all permits,fees,licenses and charges shall be included in the Price Proposal except where expressly noted in the specifications. 15. PERFORMANCE Failure on the part of the Offeror to comply with the conditions,terms,specifications and requirements of the bid shall be just cause for cancellation of the proposal award.The City may,by written notice to the Proposal,terminate the contract for failure to perform.The date of termination shall be stated in the notice.The City shall be the sole judge of non- performance. 16. TERMINATION OF AGREEMENT 16.1 TERMINATION FOR CAUSE AND DEFAULT In addition to all other remedies available to the City,this Agreement shall be subject to cancellation by the City for cause,should the Successful Offeror neglect or fail to perform or observe any of the terms,provisions,conditions,or requirements herein contained,if such neglect or failure shall continue for a period of thirty(30)days after receipt by of written notice of such neglect or failure. 16.2 TERMINATION FOR CONVENIENCE OF CITY This Agreement may be terminated by the City for convenience,upon seven(7)days of written notice by the City to the Successful Offeror for such termination in which event the Successful Offeror shall be paid its compensation for services performed to termination date,including services reasonably related to termination.In the event that the Successful Offeror abandons this Agreement or causes it to be terminated,the Successful Offeror shall indemnify the city against loss pertaining to this termination. 16.3 FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement,and is subject to termination based on lack of funding. 17. RECORDS/AUDITS 17.1 The City of Tamarac is a public agency subject to Chapter 119,Florida Statutes.The Contractor shall comply with Florida's Public Records Law.Specifically,the Contractor fall: 1.1 Keep and maintain public records required by the City in order to perform the service; Bid Number: 21-20B Vendor Name: Presidio Network Solutions 17.1.2 Upon request from the City's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 17.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 17.1.4 Upon completion of the contract,transfer,at no cost to the City,all public records in possession of the Contractor,or keep and maintain public records required by the Ci to perform the service.If the Contractor transfers all public records to the City upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City,upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 17.2 During the term of the contract,the Contractor shall maintain all books,reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the City's Auditor.The Contractor agrees to make available to the City's Auditor,during normal business hours and in Broward,Dade or Palm Beach Counties,all books of account,reports and records relating to this contract. 18. ASSIGNMENT Successful Offeror shall not assign,transfer or subject the Contract or its rights,title,interests or obligations therein without City's prior written approval.Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and City may,at its discretion,cancel the Contract.All rights,title,interest and obligations of Successful Offeror shall thereupon cease and terminate. 19. EMPLOYEES 19.1 Employees of the successful Contractor shall at all times be under its sole direction and not an employee or agent of the City.The Contractor shall supply competent and physically capable employees.The City may require the Contractor to remove an employee it deems careless,incompetent,insubordinate or otherwise objectionable.Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 19.2 Unauthorized Immigrants:The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e)of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of any contract resulting from this RFP.This applies to any sub- contractors used by the Contractor as well. 20. GOVERNING LAW: The laws of the State of Florida shall govern this Agreement Venue shall be Broward County,Florida. 21. SCRUTINIZED COMPANIES F.S.257.135 and 215.473 Proposer must certify that the company is not participating in a boycott of Israel.Proposer must also certify that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Proposer must acknowledge the question regarding the certification herein,that is attached to this proposal document. • Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the successful Contractor(Contractor)of the City's determination concerning the false certification.The Contractor shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. 22. E-VERIFY COMPLIANCE Definitions: "Agency"or"Public Employer"for purposes of this section shall mean the City of Tamarac,a Municipal Corporation which is a political subdivision of the State of Florida. "Contractor means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor,supplies,or services to such employer in exchange for salary,wages,or other remuneration. "Contractor includes,but is not limited to,a vendor or consultant. "Subcontractor means a person or entity that provides labor,supplies,or services to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Effective January 1,2021,public and private employers,contractors and subcontractors will begin required registration with,and use of,the[-verify system in order to verify the work authorization status of all newly hired employees.Contractor acknowledges and agrees to utilize the U.S.Department of Homeland Security's E-Verify System to verify the employment eligibility of: 1. a)All persons employed by Contractor to perform employment duties within Florida during the term of the contract;and 2. b)All persons(including sub-vendors/subconsultants/subcontractors)assigned by Contractor to perform work pursuant to the contract with the City.The Contractor acknowledges and agrees that use of the U.S.Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Tamarac. Should Vendor become the successful Contractor awarded for the above-named project,by entering into this Agreement,the Contractor becomes obligated to comply with the provisions of§448.095,FL.Statutes,as amended from time to time.This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees;and requiring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ,contract with,or subcontract with,an unauthorized alien.The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract,or if a Subcontractor knowingly violates the statute,the Subcontract must be terminated immediately.Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination.If this contract is terminated for a violation of the statute by the Contractor,the Contractor may not be awarded a public contract by the • City for a period of 1 year after the date of termination. By signing below,the Vendor acknowledges these terms shall be an integral part of its bid and the Contract Bid Number: 21-20B Vendor Name: Presidio Network Solutions 23. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE iily UBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC,FL 33321 (954)597-3505 CITYCLERK@TAMARAC.ORG W We(I),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Request of Quotation.We(I)certify that we(I)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Request for Quotation - Keith Strohman,Sr.Director,Presidio Networked Solutions,LLC The bidder shall declare any potential conflict of interest that could arise from bidding on this bid.Do you have a potential conflict of interest'?s Yes * No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. t tidve review ea the r,t� w idena a:e fib Name a to hmet r i f Pages aphilcable' There have not been any addenda issued for this bid. III Bid Number: 21-20B Vendor Name: Presidio Network Solutions • • • Bid Number: 21-20B Vendor Name: Presidio Network Solutions QUOTE: 2001721021219-04 DATE: 06/09/2021 • PAGE: 1 of 4 TO: City of Tamarac FROM: Presidio Networked Solutions James Twigger Gabe Stix �^ 10101 State Street 3250 W.Commercial Blvd Tamarac,FL 33321 Suite 360 Oakland Park,FL 33309 james.twigger@tamarac.org (p)(954)597-3904 gstix@PRESIDIO.com (p)301.313.2087 Customer#: CITYT011 Account Manager: Amir Wexler Inside Sales Rep: Gabe Stix Title: CoT-Flex Comments: Due to credits provided that span different periods of time,the invoicing schedule is as follows. Invoice Year 1 $15,636.50 Invoice Year 2'$24,558.00 Invoice Year 3:$24,558.00 # Part# Description Unit Price Qty Ext Price A-FLEXCC Initial Term: 36 months Billing Model: Annual Auto-Renewal Term: Do Not Renew Requested Start Date: 07/01/2021 .'`"' - '' Recurring Charges .r, ,., ,`� 1 SVS-FLEX-SUPT-BAS Basic Support for Flex Plan $0.00 1 Each $0.00 for • 2 A-FLEX PJXPC Flex On Premises UCCX Premium Concurrent Agent $40.20 36 months5 Users $7,236.00 for 36 months Credit Name:Time Bound SWSS Residual Contact Center I Credit Type: ($129.00) 1 ($1,548.00) Timebound Credit I Applicable at Renewal:No for 12 months Credit Name Cisco Contact Center Level 2 to Premium I Credit Type: ($60.00) 1 ($2,160.00) Recurring Credit I Applicable at Renewal:Yes for 36 months 3 A-FLEX-PJXSC Flex CC On-Premises UCCX Standard Concurrent Agent $30.15 20 Users $21,708.00 for 36 months Credit Name:Cisco Contact Center Level 2 to Standard I Credit Type: ($160.00) 1 ($5,760.00) Recurring Credit I Applicable at Renewal:Yes for 36 months Credit Name:Time Bound SWSS Residual Contact Center I Credit Type: ($407 00) 1 ($4,884 00) Timebound Credit I Applicable at Renewal No for 12 months Recurring Annual Charges: `See below for breakdown Total Recurring Charges: $14,592.00 Total: $14,592.00 A-FLEX-3 Initial Term: 36 months Billing Model: Annual E Auto-Renewal Term: Do Not Renew Requested Start Date 07/01/2021 Recurring Charges 4 SVS-FLEX-SUPT-BAS Basic Support for Flex Plan $0.00 1 Each $0.00 for 36 months 5 A-FLEX-EAPL EntW On-Premises Calling $4.50 325 Each $52,650.00 for 36 months ............... Credit Name:Time Bound SWSS Residual Calling-Flex 3 I Credit Type' ($1,244.75) 1 ($2,489.50) Timebound Credit I Applicable at Renewal No for 2 months Recurring Annual Charges: *See below for breakdown r Total Recurring Charges: $50,160.50 Total: $50,160.50 R QUOTE: 200172102119-04 06/09/2021 PAGE: 2 of 4 11111111 Sub Total: *Recurring Charges Breakdown Recurring Annual Charges(Year 1): $*,060.50 Recurring Annual Charges(Year 2-3): $17,550.001 s - Recurring Annual Charges(Year :1): $576.00 Recurring Annual Charges(Year :2-3): $7,008.00 • • QUOTE: 2001721021219-04 • DATE: 06/C9/2021 PAGE: 3 cf 4 Quote valid for 30 days.Payment of invoices are due within 30 days from date of invoice unless other terms are issued.Late payments are subject to interest charges of the lesser of 1%% per month or the maximum amount allowed by law.All prices subject to change without notice.Supply subject to availability.This Quote is subject to Presidio's Standard Terms and Conditions below.Any changes to the following Terms and Conditions must be accepted in writing by Presidio, otherwise,CLIENT agrees to be bound by the following Terms and Conditions and pricing contained herein: Pricing •Quoted prices exclude applicable taxes.Invoicing will include applicable taxes unless a valid tax exempt certificate is provided. •The price included herein reflects a 3%discount for payment by cash,check or wire transfer.This discount will not apply in the event that CLIENT pays using a credit card or debit card. •Prices exclude freight,handling or insurance(unless itemized in the quote). •Pricing for Professional Services are best-effort estimates only. Actual pricing will be finalized as part of a mutually-agreeable Statement of Work. '' Invoicing • •CLIENT is billed upon shipment from the manufacturer and shall accept and pay for partial shipment of products. •Usage-Based Services Terms and Conditions.For Usage-Based Services purchased by CLIENT,Presidio shall invoice CLIENT once a month.Notwithstanding the amounts included on the applicable purchase order,the invoice for Usage-Based Services will vary from month to month based upon CLIENT'S usage and CLIENT shall be obligated to pay all charges for the • Usage-Based Services used by CLIENT in the previous month.If CLIENT is delinquent in its payment obligations for the Usage-Based Services,then.upon reasonable,prior notice. Presidio reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation of the Usage-Based Services due to CLIENT's delinquent or non-payment. •Enterprise Software,Licensing and Subscription Services("Enterprise Agreement").For Third-Party-provided,enterprise-based software licensing and services,Presidio shall invoice CLIENT according to the terms of the Enterprise Agreement between CLIENT and the Third Party.If CLIENT is delinquent in its payment obligations hereunder,then,upon reasonable, prior notice.Presidio reserves the right to suspend or discontinue such services at its sole discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension ' or discontinuation of the services due to CLIENTS delinquent or non-payment. Freight,Handling,Shipping •CLIENT will be billed for Presidio's and/or the manufacturer's freight charges. •Title/Risk of loss passes to CLIENT Freight on Board(FOB)origin(FOB destination(CONUS)applicable to Federal Government CLIENTS only) unless otherwise agreed to in writing by Presidio.Orders shipped from a manufacturer to Presidio at CLIENT request for warehousing,configuration,storage or otherwise,shall be deemed to have been shipped to CLIENT FOB origin. •Presidio accepts no responsibility/liability in connection with the shipment. •International delivery services include(i)Consolidated billing in USD for all international deliveries(ii)Consolidated contracting with one entity,namely Presidio(iii)Single point of contact( iv)Freight forwarding including exportation permits,application of tariff headings,customs clearance(including import permits,licenses.certificates)(v)Asset Management.Tracking& Reporting. •Goods held in a Presidio warehouse either a)at the CLIENT's request orb)in the event CLIENT refuses to accept delivery,may be subject to warehousing fees of 1%of the list price of such goods. Warranty and Limitation of Liability • •Product is warranted by the Manufacturer,not by Presidio.Please consult Manufacturer for warranty terms.IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT,INCIDENTAL,SPECIAL,CONSEQUENTIAL,EXEMPLARY,OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER,ARISING IN CONTRACT,TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PRESIDIO'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER,INCLUDING,BUT NOT LIMITED TO,NONPERFORMANCE OR MISREPRESENTATION,AND REGARDLESS OF THE FORM OF ACTIONS,SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR PRODUCTS HEREUNDER. Return Policy •CLIENTS return rights are subject to the return policies(&fees including restocking)of the applicable manufacturer •A Presidio-issued Return Material Authorization(RMA)is required&needs to accompany returned items before any credit is issued to a CLIENT.Presidio reserves the right to deny RMA requests in the event the Manufacturer will not provide for an authorized return.If integration of product is performed at a Presidio facility,transfer of ownership occurs as of inception of integration regardless of shipment terms as manufacturers will not accept return of open product. •CLIENTS have 15 calendar days from original ship date to request a RMA(unless shorter period is required by manufacturer) •Items returned must be in original shipping cartons,unopened,unused undamaged and unaltered failing which Presidio is entitled to reject acceptance of items or charge further fees '.. •The CLIENT is responsible for shipping fees to the destination highlighted in the RMA •Opened software cannot be returned Cancellation Policy •CLIENTS cancellation of purchase order rights are subject to the cancellation policies(&fees)of the applicable manufacturer Leases •In the event Presidio does not receive payment for leased goods purchased on the CLIENTs behalf from the applicable third-party financing entity.CLIENT is obligated to pay Presidio for all such goods as indicated in the applicable Presidio invoice. Software terms •Software is subject to the license terms that accompany it. •License terms are established between the CLIENT&owner of the software •Unless Presidio is the owner or licensor,Presidio makes no representations and/or warranties relating to its operation,ownership or use. j Term and Termination of Orders:Usage-Based Services,Enterprise Agreements and Multi-Year Orders •The terms of use for Usage-Based Services(i.e.Cisco-provided WebEx or Software as a Service(Seas))are established by the applicable third-party provider of such services either at , the applicable third-party provider website or via the separate agreement between CLIENT and third-party provider. •The"Initial Term"of an order for Usage-Based Services and/or and Enterprise Agreement("Order'')starts on the date the Usage-Based Services and/or Enterprise Agreement are available for use by CLIENT and lasts for the time period stated in the Order.After the Initial Term,unless prohibited by applicable law.there will be an automatic"Renewal Term"of the same length of time unless CLIENT notifies Presidio in writing that CLIENT does not want to renew at least sixty(60)days before the end of the then current Initial Term or Renewal Term. If the fees will change for the Renewal Term,Presidio will notify CLIENT reasonably in advance of the Renewal and in time for CLIENT to accept or reject renewing the Usage-Based Services and/or Enterprise Agreement.If CLIENT agrees with the fee changes.CLIENT may do nothing and the new fees will apply for the upcoming Renewal Term. -Either party may terminate an Order by providing the other party written notice of termination at least sixty(60)days before the end of such Initial or Renewal Term.The termination will be effective on the last day of the Initial or Renewal Term and CLIENT will pay for the Usage-Based Services and/or Enterprise Agreement until the end of the current Initial or Renewal Term regardless of when CLIENT provided notice.Notwithstanding the foregoing,Usage-Based Services and Enterprise Agreements ordered are strictly non-cancelable during the Initial Term or Renewal Term except as otherwise provided in the applicable Service Terms and/or otherwise agreed upon in writing by Presidio.CLIENT will not be entitled to any refund for terminated Usage-Based Services or Enterprise Agreements during the Initial Term or Renewal Term except as agreed upon in writing by Provider and/or Presidio Multi-Year Agreements •For multi-year agreements,CLIENT expressly agrees to enter into a binding,non-cancelable agreement per the billing schedule set forth in the quote. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE CLIENT'S AGREEMENT AND PAYMENTS FOR A MULTI-YEAR TRANSACTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES FOR MULTI-YEAR AGREEMENTS,SUCH THAT PRESIDIO WOULD NOT HAVE ENTERED INTO A MULTI-YEAR TRANSACTION WITHOUT SUCH AGREEMENT. SmartNet(Third party Maintenance) •CLIENTS rights are subject to the terms provided by the applicable manufacturer.(per website address) ES I -h. QUOTE: 2001721 b06/09/2021 21219-04 PAGE 4 of 4 • Confidential Information. .. _. __ .._... •CLIENT agrees that this quote is Presidio Confidential Information.CLIENT shall not disclose this quote to any third party for any purpose. CLIENT agrees to protect this Quote to the same extent that it protects its own Confidential Information,but with no less than a reasonable degree of care. Export Law Compliance. •CLIENT has been advised that any hardware or software provided to CLIENT via this Quote and/or subsequent purchase order may be subject to the U.S.Export Administration Regulations.CLIENT agrees to comply with all applicable United States export control laws,and regulations,as from time to time amended,including without limitation.the laws and regulations administered by the United States Department of Commerce and the United States Department of State. Miscellaneous Terms •Preprinted terms appearing on CLIENT Purchase Orders must be accepted in writing by Presidio to be applicable.Presidia's performance of such purchase order shall not constitute Presidia's acceptance of new or different terms,including pm-printed terms on such order.In absence of a purchase order,CLIENT agrees that its signature below grants Presidio the right to invoice CLIENT and authorizes payment to Presidio far ate amounts owed. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered,including payments for partial shipments Customer Signature Date • 0 UJ 0 N C'%1 CD LLJ (N Z (1) Lc3 Z e- 0 0 CV c.) 0 ,.., 1— ---7 C13 LY ..c.Z CD E CO • CD (I) U.. 0 R 4.., .. . .. , _ o -c, . . . _ toe ...., , CD ._ co -CI -,,3 s_ ..,__, c -0 co 0 0 0 — co co 0 (9 < (...) > 0 E co c c (a 0 'k co c — -,11111110 C cr.) a) _ -7, %Oil 000,00• ..c) :: a) 11111111/1) ,... -, .),....144. (0ain. o a F a t , a) ,- o - rt.) -,e, lij Clime 1E _ , a) "eri • -0 75 > TAMARAC iy of Tamarac The City For Your Life Purchasing and Contracts Division1111 NON-COLLUSIVE AFFIDAVIT of MARYLANDState ) HOWARD ) ss. County of ) Keith Strohman being first duly sworn, deposes and says that: He/she is the Senior Director (Owner, Partner, Officer, Representative or Agent) of Presidio Networked Solutions LLC , the Offeror that has submitted the attached Proposal; . He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 2. Such Proposal is genuine and is not a collusive or sham Proposal; 3. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror,firm, or person to submit a collusive or sham Proposal in connection with the • Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 4. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant Signed, sealed and delivered in the presence of: By C. Witness Erik Hayko Keith Strohman 3 .z Laht6 Witness Sir Lambert Printed Name Senior Director Title s NON-COLLUSIVE AFFIDAVIT AND ACKNOWLEDGMENT TAMARAC City of Tamarac r�For Life Purchasing and Contracts Division NON-COLLUSIVE AFFIDAVIT ACKNOWLEDGMENT State of Maryland County of Howard On this the 13 day of May , 20 21 . before me, the undersigned Notary Public of the State of Florida, personally appeared Keith Strohman, Senior Director, Presidio Networked Solutions LLC and (Name(s) of individual(s)who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. � � � �UQW.OL <-L�i'rtee4.t NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: Susan Lambert (Name of Notary Public: Print, Stamp,or Type as Commissioned) El Personally known to me, or 0 Produced identification: (Type of Identification Produced) CI DID take an oath, or ® DID NOT take an oath • NON-COLLUSIVE AFF oAVrr AND ACKNONtcDGMENT • 1 , D I PRESIDI . ., Officer's Certificate Name of Company: Name of Individual Signing: Presidio Networked Solutions LLC Keith Strohman C.. y Address: One Penn Plaza Title: Senior Director Suite 2836 New York,NY 10119 '.- Signature: ��' f (Required) I certify that I am an Officer of the Company,that I have access to the original records of The Company,and that the individual identified above is authorized and empowered to make, enter into, sign. seal and deliver on behalf of this Company any and all documents and to bind the Company to perform in accordance with the terms thereof. ttitfiit ����o f"t��� III ``\•, ,orked So,„ e‘...''''''''' ,,,,, Presidio Networked Solutions LLC o: GORPoR4rF 'Go y i SEAL H = BY -- Whenz d�ignfftu e *.�toriels;...' � ,• ,. Jay Staples,Asst. General Counsel and Asst,Secv. �,',', 2001 ����•` .Name(type or Print) rare ',//111 i 1 t t i i Jay Stapler Asst.General Counsel q/Waa), irate III Request for Taxpayer W-9 Give Form to the S Form(Rev.October2018) identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to wwwirs.govIFormW9 for instructions and the latest information. 1 Name(as shown on your Income tax return).Name is required on this line:do not leave this line blank. Presidio Holdings Inc 2 Business name/disregarded entity name,if different from above Presidio Networked Solutions LLC(EiN#58-1667655) cO 3 Check appropriate box for fk *etel tax classification of theonlypapply only a PproP++ person whose name is entered on fine 1.Check one of the 4 Exemptions(codes to 05 R following seven boxes. certain entities,not individuals;see Ci Instructions on page 3): Cp ❑ Individual/sole proprietor or 0 C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate m single-member LLC �.� Exempt payee code(if any) ....t ❑ Limited liability company.Enter the tax classification(C corporation.S=8 corporation,P=Partnership)► o 3 Note:Check the appropriate box in the line above for the tax ry,eciflcation of the single-member owner. Do not check Exemption from FATCA reporting c LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is tx7de(rf any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that rF is disregarded from the owner should check the appropriate box for the tax classification of Its owner. c ❑ Other(see instructions)► (Apples te•ma+e m maiarai o to me u.s; a ca S Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) A 12100 Sunset Hills Road,Suite 300 6 City,state,and ZIP code Reston,VA 20190 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box,The TIN provided must match the name given on line 1 to avoid 1 Social> number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a T7N,later. or ill Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer idelthecelim rrnnber Number To Give the Requester for guidelines on whose number to enter. 4 5 - 1 2 6 3 4 2 8 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.i am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, u are not required to ' ion,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of !1 1 ia (} ..d Here u.s. Date P. General Instructions •Form 1099-D11/(dividends,Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.govtFormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TiN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number((TIN),adoption taxpayer identification number TiN,or employer •Form 1099-A(acquisition or abandonnieiit of secured property) > Y (A ) identification number (EW),to report on an information return the amount paid to you,or other • Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to the following. If you do not return Form W-9 to the requester with a TiN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat No.10231X Form W-9(Rev.10-2018) l DATE(MM/DD/YYYY) AC RD® CERTIFICATE OF LIABILITY INSURANCE 5/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McGriff Insurance Services PHONE NAME: Cheryl Fala FAX 2500 Renaissance Blvd Suite100 (A/c.No.Ext: 610-279-8550 (NC,No):610-279-8543 King Of Prussia PA 19406-2639 ADDRESS: cfala@mcgriff.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Federal Insurance Company 20281 INSURED 150PRESIINC INSURER B:Great Northern Insurance Company 20303 BCEC-Port Holdings(Delaware) LP Presidio Inc. INSURER C:Chubb Custom Insurance Company 38989 12100 Sunset Hills Road-Suite 300 INSURER D:American Zurich Insurance Company 40142 Reston VA 20190 INSURER E:Allied World Specialty InsuranceCompany 16624 INSURER F COVERAGES CERTIFICATE NUMBER:115451067 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL TYPE OF INSURANCE SUBR M MY EFF POLICY EXP LTR POLICY NUMBER , /D YW)_(MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y 35852422 10/1/2020 10/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 3E a LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: _ _ $ • B AUTOMOBILE LIABILITY 73543321 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT UTO $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) X Comp$1,000 X Coll$1,000 $ A X UMBRELLALIAB X OCCUR 79857023 10/1/2020 10/1/2021 EACH OCCURRENCE $25,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $25,000,000 DED X RETENTION$n $ D WORKERS COMPENSATION Y WC980925907 3/1/2021 3/1/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBE R EXCLU DED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Prof,E&O,Cyber D95452796 10/1/2020 10/1/2021 Per claim/Agg $10,000,000 E Excess Prof,E&O,Cyber 03125449 10/1/2020 10/1/2021 Per claim/Agg $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Named Insureds: BCEC-Port Holdings(Delaware)LP Port Holdo Inc. Port Midco,LLC Presidio,Inc. Presidio Holdings Inc. Presidio IS LLC Presidio LLC See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Tamarac • 7525 NW 88th Ave. AUTHORIZED REPRESENTATIVE Tamarac FL 33321 i (L.& AIM,irj ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 150PRESIINC LOC#: STcRD ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED McGriff Insurance Services BCEC-Port Holdings(Delaware)LP Presidio Inc. POLICY NUMBER 12100 Sunset Hills Road-Suite 300 Reston VA 20190 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Presidio Capital Funding LLC Presidio Networked Solutions LLC Presidio Technology Capital,LLC Presidio Government Solutions LLC Presidio Networked Solutions Group,LLC 3rd Ave.Creative Marketing&Branding LLC Certificate holder is listed as additional insured with regard to General Liability if required by written contract or agreement and subject to policy terms and conditions;waiver of subrogation applies to the workers compensation if required by written contract and subject to policy terms and conditions;60 days notice of cancellation applies. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Cisco Confidential </g C 3 V / t I I I • III i CISCO End User Information Form For End Users of the Cisco Flex Plans To purchase the Cisco Collaboration Flex Plan or Cisco Spark Flex Plan under the Enterprise Agreement ("EA") buying model for you and your Participating Affiliate(s), an authorized representative of the End User must complete this form in its entirety and sign it. This form will be used for provisioning and entitlement under the Flex Plan, as well as to ensure that you understand the terms of use that apply to your Flex Plan. Cisco will provide a quote to your reseller for the selected buying model, based upon the information that you provide in this form. Your reseller will in turn provide a quote to you. Your signature is required on this form prior to receiving access to the program. ©20 II Cisco Confidential ' ( I ( ' I I CISCO End User Overview Defined Terms Used in This Section "Participating Affiliates"means Your Affiliates whose Meter counts are included on the EUIF. "Affiliate"means,with respect to a party,any entity that directly or indirectly Controls,or is Controlled by,or is under common Control with such party."Control"means to:(a)own more than 50%of the relevant party;or(b)be able to direct the affairs of the relevant party through any lawful means(e.g.,a contract that allows control). "End User","You"or"Your"mean the final purchasing entity as identified on the EUIF. End User Information End User's full legal name City of Tamarac, Florida Address of End User's principal place 7525 NW 88th Avenue of business Tamarac, FL 33321 Participating Affiliates Cisco requires any Participating Affiliates)for which you are purchasing coverage to be included in this End User Information Form.Cisco relies on this list to define the scope of the agreement,ensure accurate pricing,as well as effective provisioning and support. Participating Affiliate(s) ® None ❑ Only listed Participating Affiliates(to be recorded immediately below) Participating Affiliates 2 ©2021Ciscoand/or its affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021 Cisco Confidential CISCO Cisco Collaboration Additional Defined Terms Used in This Section "Employees"means full or part-time employees of You and Your Participating Affiliates. "Contractors"means non-Employees who(i)work on Your or Your Participating Affiliates'behalf,(ii)whose work is under Your or Your Participating Affiliates'control or supervision pursuant to a consulting,staffingor other similar written contract,and(iii)have access to Your or Your Participating Affiliates'systems or networks in the ordinary course of providing their services to You or Your Participating Affiliates. "Knowledge Workers"means You and Your Participating Affiliates' Employees and Contractors who utilize devices capable of running the Software,Cloud Services,or related browser plug-ins as part of their job duties. Your Suite(s)purchased under the Flex Plan Cisco requires customers purchasing Enterprise Agreement to complete and sign this End User Information form.You will have access to the Software and/or Services in the Suite(s)you purchase,and which are identified on your EUIF. ❑ Meetings Enterprise Agreement ❑ Calling Enterprise Agreement Knowledge Worker Count Worksheet Cisco Flex Plan EA Offers Value Total quantity of Employees of the End User and Participating Affiliates a. 325 +Total quantity of Contractors of the End User and Participating Affiliates b. =Total Employees and Contractors(add a.and b.) C. 325 =Knowledge Worker count e. 325 Cisco Collaboration Flex Plan Education EA only Value Total quantity of faculty/staff(Knowledge Workers)at educational institution a. =Knowledge Workerfaculty/staff count c. Total quantity of students at educational institution(expected to have access to Meetings)-These are not part of the Knowledge Worker count. End User Information Form Acceptance THE UNDERSIGNED REPRESENTS THAT THEY ARE AUTHORIZED TO SIGN THIS FORM ON THE END USER'S BEHALF AND THAT THE INFORMATION PROVIDED, INCLUDING METER COUNTS FOR THE END USER AND ITS PARTICIPATING AFFILIATES, IS ACCURATE AS OF THE DATE OF SIGNATURE.THE UNDERSIGNED UNDERSTANDS THATTHE APPROVED SOURCE RELIES UPON THE INFORMATION PROVIDED IN THIS FORM TO ESTABLISH THE PRICE QUOTE FOR THE END USER'S PURCHASE. FOR FLEX PLAN EA:I HAVE READ THE ENTERPRISE AGREEMENT PROGRAM TERMS("PROGRAM TERMS") INCLUDED BELOW,AND UNDERSTAND THAT IN THE EVENT OF AN EA PURCHASE,THESE PROGRAM TERMS APPLY TO THE SOFTWARE AND SERVICES AS DESCRIBED IN THE PROGRAM TERMS. 3 ©2021 Ciscoand/or its affiliates.All rights reserved.This documentis Cisco Confidential Information. February2021 Cisco Confidential CISCO Full Legal Name of the End User Organization(e.g.,company,government entity)You Represent Last Name,First Name Cernech, Michael Title City Manager Date End User Authorized Representative Signature 4 ©2021 Ciscoand/or its affiliates.All rightsreserved.This document is Cisco Confidential Information. Fe bruary2021 Cisco 2 1 1 1 1 1 1 1 a CISCO Cisco Enterprise Agreement Program Terms and Conditions for End Users These terms and conditions together with the applicable Enrollment Descriptions and EUIF(collectively,"EA ProgramTerms")govern any Suites that You order under theCisco EnterpriseAgreement P rogram("Purchased Suites").The EAP rogramTe rms do not modifythe terms ofanyCiscoproductsorservicesYou pu rchaseoutside of the Cisco EnterpriseAgreement Program. By signing these terms and conditionsYou agree to the EA ProgramTermsand the Licensing Documents.If You do not agree to the EA Program Terms or Licensing Documents,You may not Consume the Software or Cloud Services.Notwithstanding the foregoing,You are not obligated to make a purchase by entering into the EA Program Terms,and neither the EA Program Terms nor the Licensing Documentswillapply until You place an order as furtherdescribed in section 1,below. 1. Orders.To purchase Suites under the EA Program Terms,You must first submit the applicable EUIF and Enrollment Description signed by Your authorized representative to the Approved Source.The EUIF must list: (a) Your Participating Affiliates;(b)the Purchased Suites;(c)the Suite Term;and(d)accurate Meter counts for You and all ParticipatingAffiliates.You will then be required to place an order for the Purchased Suites accordingto the process setforth in Your purchasing agreement with the Approved Source. 2. Access To Purchased Suites.Subject to Your payment ofthe applicable fees to the Approved Source,Cisco will grant You and all Participating Affiliates the right to Consume the Purchased Suites d u ringthe Suite Term via the EA Workspace or as otherwise set forth in the applicable Enrollment Description.You must payfor all Software and Cloud Services Consumed.You are responsible for keeping all login credentials to the EA Workspace secure and for the actions of any individual You or a ParticipatingAffiliate authorizeto accessthe EA Workspace,including paymentforanySoftware or Cloud Services Consumed by such individuals. 3. Enterprise-wide Commitment.The ApprovedSource relies on the infornnationYou providein the EUIFto establish the Enterprise- wide Commitment.Duringthe Suite Term,Your payment obligation related to the Enterprise-wide Commitment may increase as a result of any of the following:(a)You exceed the Initial Growth Cap (as described in section 5);(b)You exceed the Initial Entitlement or the previous year's Entitlement subject to a True Forward(as described in section 6);or (c)You purchase an additional Suite(asdescribed in section 9). 4. Term&Termination. a. Term.The Term of the EA Program Terms willcommenceonthedateofsignaturebelowandcontinuesolongasthereisan active Purchased Suite,unless earlier terminatedin accordance withsection4(c)(i),below. b. SuiteTerm.The Suite Te rmfor each Purchased Su ite will commenceonthe Suite Start Date and lastfor the period set forth in the EUIF,unless terminated inaccordance with section 4(c)(i),below. c. Termination. i. Either party mayterminate the EA ProgramTerms or a Purchased Suite if the other party materially breaches the EA ProgramTerms and does not curethe breach within 30 days of written noticeofthe breach. ii. In the event ofYour uncured material breach oftheEA ProgramTermsfor non-payment offeesto the Approved Source, Cisco may,in lieu of termination of the Program Terms pursuant tosection4(c)(i),suspendYourrightto Consumethe Software and Cloud Services in the Purchased Suite and suspend Your accessto the EA Workspace,until Your breach has been cured. iii. In the event of Your terminationfor Cisco's uncured material breachof the EA ProgramTerms,Cisco will refund to the Approved Source(or You,ifYou purchased directlyfromCisco)anyfeesYou paid covering the period afterthe effective date of termination. iv. Other than as provided inthissection4and tothe extentpermitted bylaw,theEAProgramTermsand any orders placed thereunderarenon-cancellableand maynot be terminated. d. Effect of Termination;End of SuiteTerm.Upon terminationor at the end of the Suite Ter m: 5 ©2021 Ciscoand/or its affiliates.All rights reserve d.This document is Cisco Confidential Information. February2021 Cisco Confidential . 1 1 1 1 1 1 1 CISCO i. The following rights will terminatewith respectto the PurchasedSuites:(1)Your rightto Consume Cloud Services and Software;(2)Your rightto access the EA Wo rkspace;(3)You r r ightto receive Support Services;and ii. You must destroy the product activation keys(PAKs)provided i n connection with the Purchased Suites. 5. Initial Growth Cap.If You exceed the Initial Growth Cap during the first six months of the Suite Term,theApprovedSource may charge You for suchConsumptionabovethe Initial Growth Cap.Ifthe PurchasedSuteincludes a Growth Allowance(described in the applicable Enrollment Description),the Growth Allowance can not be used to offset fees forexceeding the Initial Growth Cap. 6. True Forward. a. Cisco performsaTrue Forward for the PurchasedSuites oneach anniversary ofthe Suite Start Date.On the first anniversary of the Suite Start Date,if You have exceeded the Initial Entitlement,the Approved Sou rcewill charge You for the Consumption above the Initial Entitlement through the remainder of the Suite Term.On each subsequent anniversaryofthe Suite Start Date,the ApprovedSource will charge You for any Consumptionabovethe previousyear's Entitlement through the remainder of the Suite Term. b. Your True Forward payment obligation for each Purchased Suite will be calculated by comparing Your Consumption of Software and Cloud Services to Your Entitlement for the previous year.Any paymentowed to the Approved Source will be determined as follows and reflected in the price quote from the Approvedsource:the unit price less any applicablediscount or incentive multiplied by the quantity bywhich Youexceeded Your then-current Entitlement.The price used to calculateany True Forward feeswill be established when You placethe order for each PurchasedSuite. c. For some Suites,a portionofYourTrueForwardpaymentobligationmaybeoffsetbytheresidualvalueremaininginSoftware or Cloud Services in the same Suite.This process is called value shift,and the applicable Enrollment Descriptionindicates whetherand to the extentvalueshiftappliesto agivenSuite. d. There is no fee for exceeding the Entitlement in the fi nal year of the Suite Term. 7. Updates to Purchased Suites.Cisco may enhance or refine the Purchased Suites at no additional costtoYou.Such updates will not materially red ucethe co refu nctional ity of the PurchasedSuites. 8. End of Life.Notwithstandinganythingin the EAProgramTermsto thecontrary,Cisco reservesthe rightto discontinue a Suite with at least three years'prior notice.If a Purchased Suite is discontinued,Cisco will either:(a)provide You a substantiallysimilar replacement Suite for the remainderof the Suite Term;or(b)issue a credit to the Approved Source(or You,if You purchased directlyfrom Cisco)for any fees You paid for the Purchased Suite covering the period after the last date such Purchased Suite is available for You to Consume.Such credit canbe applied towardsthe future purchaseof Cisco productsand services. 9. PurchasingAdditional Suites.You may purchase additional Suites bysubmitting a new EUIF and order to the ApprovedSource. AdditionalSuites mayco-terminate witha pre-existing Purchased Suiteprovidedthere are atleast 12 months remaining inthe Suite Termofsuchpre-existingPurchasedSuite.Otherwise,addilional Purchased Suites will be given a new SuiteTermand will be subject to the then-current EAProgramTermsin accordance with section 10,below. 10. Modifications.As our business evolves,asco may modify the EA Program Terms. Updated EA Program Terms do notapply to pre-existing Purchased Suitesor to future ordersthatco-terminate to a pre-existing Purchased Suite,which will be governed by the version of the EA ProgramTerms already in effect for the pre-existing PurchasedSuite. 1 1. ParticipatingAffiliates.YouareresponsibleforYourParticipatingAffiliates'compliancewiththeEAProgramTerms. 12. Support Services.BasicSupportServicesareincluded in theprice of the PurchasedSuiteand describedin the applicable Enrollment DescriptionandLicensing Documents.Higher levels ofSupportServices maybe available for Youto purchase and,ifYouelectto do so,will be described indocumentation provided toYou at the time of purchase. 13. Importation Feefor EmbeddedSoftware.For Purchased Suites that include Embedded Software,the valueof Embedded Software 6 ©2021 Ciscoand/orits affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021 Cisco Confidential 6 1 1 1 l ' 1 CISCO will be deducted from the purchase price of the related Cisco hardware.If You are required to pay an Importation Fee,Your jurisdiction may use the value of both the hardware and Embedded Software to calculate the Importation Fee.Accordingly,the Importation Fee on the value of the combined products may be higher than if calculated solely using the priceof the hardware. 14. Delivery of Embedded Software.EmbeddedSoftwareisdeliveredpre-installedonOscohardwaretotheaddressprovidedonthe purchase order for the Cisco hardware.Your use of the smart licensingaccount Cisco designates for the Embedded Software will ensure accurate pricing of the Embedded Software. 1 5. NoAssignment&Transfer.NeithertheEAProgramTerms,noranyrightorobligationhereinmaybeassigned or transferred by a party (including underCisco'sSoftwareTransferandRelicensingPolicy)withouttheotherpartys prior written consent,which may not be unreasonably conditioned,withheld,or delayed.Any attempted assignment without the other party's consent shall be void and of no effect.Notwithstanding theforegoing,Cisco may assign the EA Program Terms and any right or obligation herein to a Cisco Affiliate without Yourconsent. 16. Verification.Upon reasonable requestfromCisco,You will assist Cisco in verifying the quantity of Software and Cloud Services that You have Consumed.If the verificationdiscloses Consumption above Your then-currentEntitlement,theApproved Source will charge Youfortheexcess Consu mptioni naccordancewiththe EA Program Terms. 17. Combined Discounts.The pricing,discounts,and other incentives offered in connection with a Purchased Suite may not be combined with any other price reductions,discounts,promotional pricing,rebates,credits,trade-in,or other pricing programs or incentivesofferedbyCiscounlessexpresslyagreedby Gsco inwriting. 18. Entire Agreement.The EA Program Terms constitute the entire agreement between the parties concerningthe Cisco Enterprise Agreement Programand supersede all prior oral or writtencommunications betweenthe parties concerningtheprogram. 1 9. Order of Precedence.Thedocuments comprisingthe EAProgramTermsarecomplimentary,andto the extent possible,construed and interpreted consistently.In the event of an inconsistency,conflict,or ambiguity between the EA ProgramTerms,the order of precedence for any Purchased Suite is first the EUIF,thenthe Enrollment Description,and thentheseterms and conditions.The EA Program Terms take precedent over the applicable Licensing Documents. 20. Definitions. a. "Affiliate"means,withrespectto a party,anyentitythatdirectlyor indirectlyControls,or is Controlled by,or is under common Control with suchparty."Control"meansto:(a)own morethan50%ofthe relevant party;or(b)be able to direct the affairsof the relevant party through any lawful means(e.g.,a contract that al lowscontrol). b. "Approved Source"means Gsco or a Cisco authorizedreseller,distributor,or systems integrator. c. "Cisco"means Cisco Systems,Inc.or its applicableAfflliatedelivering the EA Program Terms. d. "Cloud Service"means the Gsco hostedsoftware-as-a-servicelistedinthe applicable Enrollment Description. e. "Consume"or"Consumption"meansto download,install,activate,provision,enable,or otherwise access Softwareor Cloud Services. f. "EA Program"has the meaning given to it in the introductory paragraph. g. "EA Program Terms"has the meaninggiven to it in the introd uctory paragraph. h. "EA Workspace"means the portal from where You Consume Software and Cloud Services and view and manage Your Entitlement. i. "Embedded Software"means Software thatis delivered on newly purchased Cisco hardware. 7 ©2021 Ciscoand/or its affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021 Cisco Confidential i l l II i I l I i CISCO j. "End User,""You,"or"Your"means the final purchasingentity as identifiedon the EUIF. k. "Enterprise-wide Commitment"means Your purchase commitment in the PurchasedSuite for You and all Participating Affiliates,as reflected on the EUIF. I. "Entitlement"means,at any poi nt intime during the Su ite Term,thetype and quantity ofSoftwareand Services as determined by the Metercounts for whichYou have already paid the applicablefeestothe Approved Source. m. "Enrollment"means a combinationofSuitesbelongingtothesameCiscoproductfamily.GscoDNA,Cisco Data Center,Cisco Security Choice,Cisco Meraki,and Cisco Collaboration Flex Plan each represent an Enrollment. n. "Enrollment Description"meansthesupplemental program termsand description govern i ng an Enrollment. o. "EUIF"meansthe End Userinformation Formforthe PurchasedSuite. p. "EU LA"mean's Cisco End User LicenseAgreement,available at cisco.com/go/eula. q. "Growth Allowance"meansthe rightto exceed the Initial Entitlement without incurring additional fees as set forth in the applicable Enrollment Description. r. "Importation Fee"means an import dutyor tax on the purchaseofCisco hardware. s. "Initial Entitlement"means Your Entitlement at the start ofthe Su ite Te rm as determined bythe Meter counts for You and all Participating Affiliates provided on the EUIF. t. "Initial Growth Cap"means 105%ofthe Initial Entitlement. u. "Licensing Documents"means the EULA and SEULAs for the Software and the EULAand ODs for the Cloud Services in the Purchased Suites(or similar terms existing between You and Cisco).The applicable Licensing Documentsare listed in the Enrollment Descriptionforeach PurchasedSuite. v. "Meter"means the unit of measurementfor Software oraoud Services Consumption. w. "OD"means the offer description and supplemental licensingterms governingCloud Services. x. "ParticipatingAffiliates"means You r Affiliates whose Metercounts are includedonthe EUIF. y. "Purchased Suites"hasthe meaninggiven to itin the introductory paragraph. z. "Services"means both Cloud Servicesand SupportServices. aa. "SEULA"means the supplementallicensingtermsgoverningSoftware. bb. "Software"means the Cisco software listed in the applicable Enrollment Description.cc. "Suite"means a combination of Softwareand Services in an Enrollment. cc. "Suite Start Date"means,with respect to each Purchased Suite,the earliest date any Software or Cloud Service in the Purchased Suite is made available forYou to Consume. dd. "Suite Term"means,withrespectto each Purchased Suite,the du ration ofthe PurchasedSuite. ee. "Support Services"means nnaintenance,tech nical assistance,orothersupport providedfo r the Software and Cloud Services in a Purchased Suite. ff. "Term"means the duration of the EAProgramTerms. 8 ©2021 Ciscoand/orits affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021 Cisco Confidential S I I I i I ' CISCO gg. "True Forward"means an annual adjustment to account for exceeding the previous year's Entitlement. 9 ©2021Ciscoand/or its affiliates.All rights reserved.This document is Cisco Confidential Information. February2021 Cisco Confidential ' I 1 fi 8 1 1 1 CISCO Cisco Collaboration Flex Plan Enrollment Description&Supplemental EA Program Terms This Enrollment Description lists the availableSuites andadditional terms and conditions thatapply to the Gsco Collaboration Flex Plan Enrollment.You may purchase any or all of the Suites available under the Osco Collaboration Flex Plan Enrollment,butthe collectionofSoftwareand Cloud ServicesthatcompriseaSuitemaynot be modified. Suite Included Licenses License Type Licensing Documents Meter Cisco Cisco Meeting Server Software Cisco Collaboration Deployed Collaboration Cisco Webex Meetings Cloud Service Flex Plan OD;EULA Knowledge Flex Plan Cisco Webex app Cloud Service Worker Meetings Enterprise Agreement Suite122ral License Type Licensing Documents Meter Cisco Cisco Webex app Cloud Service Cisco Collaboration Deployed Collaboration Cisco Webex Calling;or Cloud Service Flex Plan OD; EULA Knowledge Flex Plan Calling Cisco Webex Calling for SP;or Cisco Worker Enterprise Webex Calling(formerly Cisco Spark Agreement Call) UCM Cloud Calling Cloud Service Partner-Hosted Unified Software Communications Calling On-Premises Unified Software Communications Manager Calling Suite IUMEEMIEMMONI License Type Licensing Documents Cisco Cisco Meeting Server Software Cisco Collaboration Deployed Collaboration Cisco Webex Meetings Cloud Service Flex Plan OD; EULA Knowledge Flex Plan for Worker; Education Student Cisco Webex app Cloud Service Meetings Enterprise Agreement Suite Included Licenses License Type Licensing Documents Cisco Cisco Webex Calling(formerly Cisco Cloud Service Cisco Collaboration Flex Deployed Collaboration Spark Call) Plan OD;EULA Knowledge Flex Plan for Worker Education On-Premises Unified Software Calling Communications Manager Calling Enterprise Agreement Suite Included Licenses License Type Licensing Documents Meter Cisco Cisco FedRAMP Webex Meetings Cloud Service Cisco Collaboration Flex Deployed Collaboration Plan OD;EULA Knowledge Worker 1c ©2021Ciscoand/or its affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021 Cisco Confidential ' 1 1 1 1 I 1 1 . CISCO Flex Plan Unified Communications Manager Cloud Service Enterprise Cloud for Government Agreement for Public Sector Suite Included Licenses License Type Licensing Documents Meter Cisco Cisco FedRAMP Webex Meetings Cloud Service Cisco Collaboration Flex Deployed Collaboration Flex Plan OD;EULA Knowledge Plan Enterprise Worker Agreement for Unified Communications Manager Cloud Service FedRAMP Cloud for Government On-Premises Unified Communications Software Manager Calling Cisco Webex app Cloud Service Supplemental Terms and Conditions Applicable Meters The Meter for the Cisco Collaboration Flex Plan Enrollment is the number of Deployed Knowledge Workers. "Deployed Knowledge Worker"means a Knowledge Worker who has a profile configured within the Software or Cloud Service provisioning platform and associates that profile with the applicable desk phone,Jabber client,Webex app, mobile phone,video device,or personal computing device.You must assign each Knowledge Worker a cloud,on-premises,or hosted account to be treated as a single Deployed Knowledge Worker.A Knowledge Worker who is assigned more than one configuration(cloud,on- p re mises,orhosted)will be counted as multiple Deployed Knowledge Workers.Changinga Knowledge Worker's configurationto a new deployment model may resu It inan increasedprice,withany applicablefees being assessed at the time the newaccountis configured. "Knowledge Worker"means an employee or contractor who utilizes devices capable of running the Software,Cloud Services,or related browser plug-ins as partoftheir job duties. If You purchase the Cisco Collaboration Flex Plan for Education Meetings Enterprise Agreement Suite,Your Students mayConsume the Purchased Suite free of charge."Student"means an individual who is currently enrolled orregistered at Yourinstitutionfor academic study on a full-or part-time basis.Employees,contractors,alumni,former students, prospective students,and students on an extended leave or indefinite absence are not considered Students.You will be required to providea Student count on the EUIF. Thirty days priorto the True Forward event,you or your Reseller must update you rorderto reflectthe number of Students provisioned atthat time,which will be usedto determineifyou haveexceededyourGrowthAllowance.Failu reto updateycur subscription will result in the additional Students beingcounted as Deployed Knowledge W orkersfor purposes of the True Forward. Access to Purchased Suites The Cisco Collaboration Flex Plan Enrollmentdoes notutilize the EAWorkspace.Su bjectto Your paymentofthe applicable fees to the Approved Source,Cisco will grant You and all Participating Affiliates access to the Purchased Suites via automated integrated n electronic delivery tools and email notificationto the point of co toctdesi gnated in theorder. Purchasing Additional Suites During the Suite Term,You may add another Cisco Collaboration Flex Plan Suite without submitting a new EUIF. Common Area Licenses Common area licenses arecalling licenses not associatedwith Knowledge Workers that are intended to beusedin lobbies,conference rooms,and other public spaces. If Your Consumption of common area licenses exceeds 50%of Your then-current Deployed Knowledge W orker count,the Approved Source may charge Youfor such excess Consumption. 11 ©2021 Ciscoand/orits affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021 Cisco Confidential 611 ' I I CISCO Term and Termination At the endoftheSuiteTerm,thePurchasedSuitewillautomaticallyrenewforoneyear(a"RenewalSuite Term")u n less:(a)You elect on the order not toauto-renew;or(b)at least 30 daysbeforethe end of then-current SuiteTerm,You notifytheApprovedSou rceofYour intentionnottorenewthePurchasedSuite.IftheGrowthAllowance has not been exceeded,the Purchased Suite will renew for the Knowledge Worker count on the EUIF. If the GrowthAllowancehasbeenexceeded,thePurchasedSuitewillrenewfortheDeployed KnowledgeWorkercountat the end of the then-current Suite Term. Notwithstanding the foregoing,the Approved Source will notify You ofanyfee changes reaso nablyi n advance of th a Renewal Term.The new fees will apply for the upcoming Renewal Term unless You notify the Approved Source that You do not accept the fee changes beforethe next Suite Start Date. Growth Allowance The Growth Allowance for the Cisco CollaborationFlex PlanEnrollmentis 20%.During the Suite Term,You may Consume up to 120% of the Initial Entitlement without incurring any additional charges.The True Forward iscalculated once You exceed the Growth Allowance.For clarity,if You exceed the Initial Entitlement but do not exceed the Growth Allowance,You will not incur any True Forward charges. Support Services The basic Support Services are set forth in the Cisco Collaboration Flex Plan OD. 12 ©2021Ciscoand/or its affiliates.All rightsreserved.This document is Cisco Confidential Information. February2021