DIR-TSO-3847 ContractDIR Contract No. DIR-TSO-3847
Vendor Contract No. ________________
Department of Information Resources Page 1 of 5 (DIR rev 12/01/16)
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
PRESIDIO NETWORKED SOLUTIONS GROUP, LLC
1. Introduction
A. Parties
This Contract for Services (“Contract”) is entered into between the State of Texas (“State”),
acting by and through the Department of Information Resources (“DIR”) with its principal place
of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Presidio Networked
Solutions Group, LLC (“Vendor”), with its principal place of business at 1955 Lakeway Drive,
Suite 200. Levisville, Texas 75057.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas. DIR issued a solicitation on the Comptroller of Public Accounts’ Electronic State
Business Daily, Request for Offer (RFO) DIR-TSO-TMP-247, on May 23, 2016, for
Information Technology Security (ITS) Hardware, Software and Services. Upon execution of
this Contract, a notice of award for RFO DIR-TSO-TMP-247 shall be posted by DIR on the
Electronic State Business Daily.
C. Order of Precedence
This Contract; Appendix A, Standard Terms and Conditions For Services Contracts; Appendix
B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing
Index; Exhibit 1, Vendor’s Response to RFO DIR-TSO-TMP-247, including all addenda; and
Exhibit 2, RFO DIR-TSO-TMP-247, including all addenda; are incorporated by reference and
constitute the entire agreement between DIR and Vendor. In the event of a conflict between the
documents listed in this paragraph, the controlling document shall be this Contract, then
Appendix A, then Appendix B, then Appendix C, then Exhibit 1, then Exhibit 2. In the event
and to the extent any provisions contained in multiple documents address the same or
substantially the same subject matter but do not actually conflict, the more recent provisions
shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be one (1) year commencing on the last date of approval by DIR
and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract,
upon mutual agreement, for up to three (3) optional one-year terms. Additionally, the parties
by mutual agreement may extend the term for up to ninety (90) additional calendar days.
DIR Contract No. DIR-TSO-3847
Vendor Contract No. ________________
Department of Information Resources Page 2 of 5 (DIR rev 12/01/16)
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to Products and Related Services for
Surveillance, Security and Monitoring as specified in Appendix C, Pricing Index. Vendor
may incorporate changes to their product offering; however, any changes must be within
the scope of products awarded based on the posting described in Section 1.B above. Vendor
may not add a manufacturer’s product line which was not included in the Vendor’s response
to the solicitation described in Section 1.B above.
B. Services
Services available under this Contract are limited to Products and Related Services for
Surveillance, Security and MonitoringInformation Technology Security (ITS) Hardware,
Software and Services as specified in Appendix C, Pricing Index. Vendor may incorporate
changes to their service offering; however, any changes must be within the scope of services
awarded based on the posting described in Section 1.B above.
4. Pricing
Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase
Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include
the DIR Administrative Fee.
5. DIR Administrative Fee
A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales
to Customers pursuant to this Contract is three-quarters of one percent (.75%). Payment will
be calculated for all sales, net of returns and credits. For example, the administrative fee for
sales totaling $100,000 shall be $750.00.
B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right
to change this fee upwards or downwards during the term of this Contract, upon written notice
to Vendor without further requirement for a formal contract amendment. Any change in the
administrative fee shall be incorporated in the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated below.
If sent to the State:
Kelly A. Parker, CTPM, CTCM
Director, Cooperative Contracts
Department of Information Resources
300 W. 15th St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-4000
Facsimile: (512) 475-4759
Email: kelly.parker@dir.texas.gov
DIR Contract No. DIR-TSO-3847
Vendor Contract No. ________________
Department of Information Resources Page 3 of 5 (DIR rev 12/01/16)
If sent to the Vendor:
Contract Notify:
Stephanie Tadevic
Inside Sales Manager
Presidio Networked Solutions Group, LLC
10415 Morado Circle
The Campus Building 1 Suite 320
Phone: 512-795-7128
Austin, TX 78759
Email: stadevic@presidio.com
7. License Agreements
A. Shrink/Click-wrap License Agreement
Regardless of any other provision or other license terms which may be issued by Vendor
after the effective date of this Contract, and irrespective of whether any such provisions
have been proposed prior to or after the issuance of a Purchase Order for products licensed
under this Contract, or the fact that such other agreement may be affixed to or accompany
software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract
shall supersede and govern the license terms between Customers and Vendor. It is the
Customer’s responsibility to read the Shrink/Click-wrap License Agreement and
determine if the Customer accepts the license terms as amended by this Contract. If
the Customer does not agree with the license terms, Customer shall be responsible for
negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap
License Agreement language from the software publisher.
C. Conflicting or Additional Terms
In the event that conflicting or additional terms in Vendor Software License Agreements,
Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental
documents amend or diminish the rights of DIR Customers or the State, such conflicting or
additional terms shall not take precedence over the terms of this Contract.
In the event of a conflict, any linked documents may not take precedence over the printed or
referenced documents comprising this contract; provided further that any update to such linked
documents shall only apply to purchases or leases of the associated Vendor product or service
offering after the effective date of the update; and, provided further, that, if Vendor has
responded to a solicitation or request for pricing, no update of such linked documents on or after
the initial date of Vendor’s initial response shall apply to that purchase unless Vendor directly
informs Customer of the update before the purchase is consummated.
In the event that different or additional terms or conditions would otherwise result from
accessing a linked document, agreement to said linked document shall not be effective until
reviewed and approved in writing by Customer’s authorized signatory.
DIR Contract No. DIR-TSO-3847
Vendor Contract No. ________________
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Vendor shall not [without prior written agreement from Customer’s authorized signatory,]
require any document that: 1) diminishes the rights, benefits, or protections of the Customer,
or that alters the definitions, measurements, or method for determining any authorized rights,
benefits, or protections of the Customer; or 2) imposes additional costs, burdens, or obligations
upon Customer, or that alters the definitions, measurements, or method for determining any
authorized costs, burdens, or obligations upon Customer.
If Vendor attempts to do any of the foregoing, the prohibited documents will be void and
inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will
nonetheless be obligated to perform the contract without regard to the prohibited documents,
unless Customer elects instead to terminate the contract, which in such case may be identified
as a termination for cause against Vendor.
The foregoing requirements apply to all contracts, including, but not limited to, contracts
between Customer and a reseller who attempts to pass through documents and obligations from
its Manufacturer of Publisher.
8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and
Related Services Contracts.
No exceptions have been agreed to by DIR and Vendor.
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DIR Contract No. DIR-TSO-3847
Vendor Contract No. ________________
Department of Information Resources Page 5 of 5 (DIR rev 12/01/16)
This Contract is executed to be effective as of the date of last signature.
Presidio Networked Solutions Group, LLC
Authorized By: __Signature on file______
Name: ____JD Larsen_______________ __
Title: _____VP, Finance & Operations ___
Date: ____5/15/2017 | 4:05 PM CDT___ ___
The State of Texas, acting by and through the Department of Information Resources
Authorized By: __ Signature on file __ ___
Name: _ Hershel Becker_________________
Title: __Chief Procurement Officer________
Date: ____5/25/2017 | 8:54 AM CDT __
Office of General Counsel: __DB 5/23/2017 | 11:22 AM CDT