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21-2664ORDINANCE NO. 21m2664 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PRESIDI0 NETWORKED SOLUTIONS GROUP, LLC, FOR THE PURCHASE OF NETWORK INFRASTRUCTURE EQUIPMENT, MAINTENANCE, AND SUPPORT FOR TECHNOLOGY INFRASTRUCTURE — CISCO, DELLEMC, AND VMWARE FOR THE TECHNOLOGY SERVICES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7734 — AWARDED TO PRESIDIO NETWORKED SOLUTIONS GROUP, LLC, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEARS NOT -TO -EXCEED AMOUNT OF $13,000,000.00). WHEREAS, the City has solicited, received, and evaluated competitive proposals for the purchase of network infrastructure equipment, maintenance, and support for Technology Infrastructure — Cisco, De11EMC, and VMWare for the Technology Services Department; and WHEREAS, the City Manager, or a designated employee, has received, reviewed, and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies, or services shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 7734 Presidia Networked Solutions Group, LLC $13,000,000.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities, and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by � til aec3r- and seconded by 7e- 16, ] , S . This ordinance was passed and approved by the following vote [2 - ©j: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: ✓ Brian Beck, District 2. Jesse Davis, District 3: _ ✓ Alison Maguire, District 4: Deb Armintor, At Large Place 5: �^ Paul Meltzer, At Large Place 6: ✓ PASSED AND APPROVED this the `7"('h day of 1)ec-exYAbe!�-7 , 2021. Z- _.- GERARD H SPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DIS: cn=Marcella Lunn, c, \ , t $,�em City Denton, BY: �,�}y emaii=marcella.lunnCci ofde Date: 2021.11.23 10:54:54 -06'00' 'k 441111190010 .�� 0 F DE J��i �,� rr�r�.rr•p,r•�I'AI 1 ,11 0 '���11111� DocuSign Envelope ID: 1578FB9D-9BF6-4EGB-BE53-FF1488DF54CF -mr-"CITY DENTON Docusign City Council Transmittal Coversheet RFP 7734 File Name Technology Infrastructure - Cisco, DeIIEMC, VMWare Purchasing Contact Cori Power City Council Target Date DECEMBER 7, 2021 Piggy Back Option No Contract Expiration DECEMBER 7, 2026 Ordinance 21-2664 E DocuSign Envelope ID: 1578FB9D-9BF8-4EOB-BE53-FF1488CF54CF CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND PRESIDIO NETWORKED SOLUTIONS GROUP, LLC (CONTRACT 7734) THIS CONTRACT is made and entered into this date 12/07/2021 , by and between Presidio Networked Solutions Group, LLC a Delaware Limited Liability Company, whose address is 7701 Las Colinas Ridge, Suite 600, Irving, Texas 75063, hereinafter referred to as "Contractor" or "Presidio," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City" or "CIient," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products and/or services in accordance with the City's document RFP 7734 - Technology Infrastructure - Cisco, DellEMC,_ VMWare, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton's RFP 7734 - Technology Infrastructure - Cisco, DellEMC, VMWare (Exhibit "B" on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Insurance Requirements (Exhibit "D"); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor's Proposal (Exhibit "F"); (g) Form CIQ — Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (I) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor certifies that Contractor's signatureprovides written verification to the City that Contractor, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR uSIgned by: BY:F�-' v4t.S . SIGNATURE Printed Name: Kim Dukes Title: Director of sales operations 469-549-9815 PHONE NUMBER KDukes@presidio.com EMAIL ADDRESS 2021-827774 TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER Contract # 7734 CITY OF DENTON, TEXAS DocuSigned by: BY: " H 23"KSj72tF,.. INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY ffi Signed W. BY:14"l.jl.IWlijC 114493- APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY D"uftned by: BY:^ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. F1;1jSigned by: " AWt,t, Lei sha Mei ne AT""5— PRINTED NAME Chief Technology officer TITLE Technology sevices DEPARTMENT DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $13,000,000. Pricing shall be per Exhibit F attached. 2. The Quantities The quantities indicated on Exhibit F are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 3. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional four (4) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Supplier's request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be fiuther extended as needed, not to exceed a total of six (6) months. 4. Price Escalation and De-escalation As a reseller, Contractor cannot guarantee the level of discounting received from our suppliers, and therefore cannot guarantee the pricing will not increase over the term of the contract. Contractor pledges to work with the original equipment manufacturers (OEMs) in good faith to obtain any applicable end-user discounts offered by the OEMs, based on product type and quantity that City commits to order, and to assist City in securing the lowest possible price available on the day and time that an order is placed, based on the circumstances and conditions of the order. Requests for contracted discount rate changes must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year_ Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract discount will be in effect. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market discounting at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre - price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. Contract # 7734 DocuSign Envelope ID: 1578FB9D-gBF6-4EOB-BE53-FF1488DF54CF The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 5. Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: Delivery beyond contracted lead times Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. 6. Product Purchases & Returns Any Products purchased hereunder will be subject to the Return Material Authorization Policy as set forth by the manufacturer. 7. Warranty Any and all Original Equipment Manufacturer ("OEM") warranties, certifications and guarantees are passed through to Client, Presidio serves as a single point of contact between third party OEMs and Client to enforce such passed through warranties. Client agrees that any hardware or software products to Clients under this agreement will carry the warranty provided by the manufacturer, and Presidio makes no independent warranty with respect to such hardware and software products. Contract # 7734 DocuSign Envelope ID: 1578FB90-9BF6-4EOB-BE53-FF1488DF54CF Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, S, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE581-FF1488DF54CF 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property. i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perforin any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph, Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order nuinber. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF 13, PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. if partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non -conforming deliverables by the Contractor; ii, third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi, failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of fiends, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1 % or greater. If an overpayment of I% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City_ The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in Contract # 7734 DocuSign Envelope ID: 1578FB90-9BF6-4EOB-BE53-FF1488DF54CF writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv, require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY -PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. Contract 9 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be the time period set forth by the manufacturer. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be frilly and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract or applicable SOW, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such Contract # 7734 DocuSign Envelope ID: 1578FB90-98F6-4EOB-BE53-FF1488DF54CF services from another source. D. The Warranty is void if failure of the Services has resulted from accident, abuse, improper operating environment, use of the Services in a configuration or with the addition of components or other items not expressly authorized or approved by Contractor, use of the Services outside of the last known Contractor -provided configuration, misapplication or any problem or error in third party software or hardware regardless of whether or not the Services is designed to operate with such software or hardware. Contractor's shall use commercially reasonable efforts to make modifications and error corrections and bring the Services into substantial conformance with the applicable specifications. 23. INCOMPLETE OR NON -CONFORMING DELIVERABLES: If upon delivery City receives incomplete or non -conforming deliverables, City has the right to return such incomplete or non -conforming deliverables, in accordance with the manufacturer return policy, to vendor at no additional cost to City. If City chooses to receive a replacement it will be at no additional cost to City. If City chooses not to receive a replacement, City will receive a full refund. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perforin. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EQB-BE53-FF1488DF54CF remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERIVIINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32, INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-SE53-FF1488DF54CF insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in required minimums and are not intended Contractor, within the solicitation and requirements are o limit the responsibility or liability of the B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked Contract # 7734 DocuSign Envelope ID: 1578FB90-9BF6-4EOB-BE53-FF1488DF54CF to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and Contract # 7734 DccuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City's purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54GF documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments_ 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith Contract # 7734 DocuSign Envelope ID: 1578FB90-9BF6-4EOB-BE53-FF1488DF54CF for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON -SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its Contract # 7734 DocuSign Envelope ID: 1578FB90-9BF6-4EOB-BE53-FF1488DF54CF firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. l0a - l Od) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http//www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD -2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government -wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4E06-BE53-FF1488DF54CF responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to Iimit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. 68. LEMTATION OF LIABILITY: NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, BY REASON OF ANY REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY, CONDITION OR OTHER TERM OR ANY DUTY AT COMMON OR CIVIL LAW, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, LOST PROFITS, CONSEQENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT, HOWEVER, THE NON -BREACHING PARTY IS ENTITLED TO RECOVER ACTUAL DAMAGES FROM THE BREACHING PARTY, WHICH ARE DEFINED AS THE AMOUNTS (OR COSTS OF THE SERVICES AND RELATED DAMAGES, AS APPLICABLE) THAT NON -BREACHING PARTY WOULD HAVE RECEIVED UNDER THE AGREEMENT HAD THE BREACHING PARTY FULLY PERFORMED PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS FURTHER AGREED THAT IF A CLAIM OR LIABILITY SHOULD ARISE FROM THE JOINT OR CONCURRING NEGLIGENCE OF BOTH PARTIES HERETO, IT SHOULD BE BORNE BY THEM COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NEITHER THIS SECTION NOR ANY OTHER PORTION OF THIS AGREEMENT SHALL Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF BE CONSTRUED AS, OR SHALL CREATE ANY, RIGHTS FOR ANY PERSONS OR ENTITIES WHO ARE NOT A PARTY TO THIS AGREEMENT. EXCEPT FOR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, EACH PARTY'S ENTIRE LIABILITY AND REMEDY FOR DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNTS OF THE APPLICABLE STATEMENT OF WORK; PROVIDED, HOWEVER, THIS CAP WILL NOT APPLY TO STATEMENTS OF WORK THAT IMPACT A SYSTEM THAT IS SUBJECT TO LOCAL, COUNTY, STATE OR FEDERAL REGULATORY OR COMPLIANCE OBLIGATIONS. IF SUCH SYSTEM SERVICES ARE INTERRUPTED, AS A RESULT OF A GROSSLY NEGLIGENT OR INTENTIONAL ACT OF CONTRACTOR, DAMAGES ON SUCH PROJECTS WILL BE LIMITED TO $2,000,000. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Exhibit D INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall rile with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project, Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at anytime; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. ■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Contract 9 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Fmployer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additiona[ Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1.000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage j ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [X] Cyber Cyber coverage provided protection for business liability for a data breach, cyber extortion, business interruption due to malicious cyber attacks or malware infections. A Cyber policy will be required anytime a system interfaces with the City of Denton's servers or houses sensitive information such as customer or employee data. When Cyber coverage is required commercial crime is also required. Limits of not less than $500,000 are required unless other limits are individually approved by the City. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract # 7734 DocuSign Envelope 1D: 1578FB9D-9BF6-4EQB-BE53-FF1488DF54GF ATTACHMENT 1 [ ] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I_ The contractor shall contractually require each person with whom it contracts to provide services on a project, to: provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract 4 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252908. The contractor shall: 1. Log onto the State Ethics Commission Website at: haps://www. ethics. state.tx.us/whatsnew/elf_info_form 1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasin cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 --- Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54GF Exhibit F Contractor's Proposal (to be inserted in final draft) Contract # 7734 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BES3-FF1488DF54CF Exhibit F Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part I. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % Estimated Delivery ARU off ll (Days) SECTION A- Hardware and Software Al EA Nexus Series Routers/Switches 52.5% subject to MFG lead time A2 EA Nexus Series lO Modules and Power Supplies 52.5% subject to MFG lead time A3 EA Nexus Series Licensing 52.5% subject to MFG lead time AS EA Catalyst Series Routers/Switches 52.5% subject to MFG lead time A6 EA Catalyst Series lO Modules and Power Supplies 52.5% subject to MFG lead time A7 EA ICataIVst Series Licensing 52.5% subject to MFG lead time A8 EA Voice Gateway and Communication Series Routers and Interface Cards 52.5% subject to MFG ieadtime A9 EA Voice Gateway and Communication Series Routers Licenses 52.5% subject to MFG lead time A10 EA Wireless LAN Controllers Series (WLC) 52.5% subject to MFG lead time All EA Wireless Access Points Indoor and Outdoor Series (AP) 52.5% subject to MFG lead time Al2 EA Wireless Access Point Licenses for all Wireless Controller Series 52.5% subject to MFG lead time A13 EA Prime Infrastructure Licenses 52.5% subject to MFG lead time A14 EA Mobility Services Engine (MSE) Licenses 52,5% subject to MFG lead time A15 EA Wireless Kits, Power Taps, and Injectors 52.5°%o subject to MFG lead time A16 EA UCS Fabric Interconnects, Slade Chassis, B Series Blade Servers, Slade Server Hard Drives, Chassis FOM/IDM, Blade IOM 61.0% subject to MFG lead time A4 EA UCS Series Fiber and Copper Transceivers and Twinax Cables 61.0% subject to MFG lead time A17 EA MDS Series Fabric Switches 52.5% subject to MFG lead time A4 EA MDS Series Fiber Transceivers 52.5% subject to MFG lead time A18 EA I Identity Services Engine Licenses 52.5% subject to MFG lead time A19 FA JASA Series Firewalls 52.5% subject to MFG lead time A20 EA Unified Communications Manager (UCM), Unity Connection (UC), Unified Contact Center Express (UCCX) Licences 27.0% subject to MFG lead time A21 EA UCCX Workforce Manager (WFM), Quality Manager (QM) Licenses 10.0% subject to MFG lead time A22 EA ATA All models 52.5% subject to MFG lead time A23 EA Phones All Models, Expansion Modules All Models 52.5% subject to MFG leadtime A24 EA Phone Power Supplies All Models 52.5% subject to MFG lead time SECTION 13- Support and Maintenance Bi EA Nexus Series Smartnet Support and Maintenance Support and Maintenance 1 Yr 21.0% entities on shipment B2 EA Nexus Series Smartnet Support and Maintenance Support and Maintenance 3 Yr 24.0% entities on shipment B3 EA Nexus Series Software Support and Maintenance Support and Maintenance 1 Yr 21.0% entitles on shipment B4 EA Nexus Series Software Support and Maintenance Support and Maintenance 3 Yr 24.0% entitles on shipment B5 EA Catalyst Series Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment l FA JCatalyst Series Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B7 EA Catalyst Series Software Support and Maintenance 1 Yr 21.0% entitles on shipment B8 EA Catalyst Series Software Support and Maintenance 3 Yr 24.0?1.1 entitles on shipment DocuSign Envelope ID: 157BFB91)•gBF&4E0B-BE53.FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State); Irving, TX RFP 7734 - Technology Infrastructure - Cisco, ❑eIIFMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part I. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % Estimated Delivery ARO off MSRP (Days) B9 EA Voice Gateway and Communication Series Routers Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment B10 EA Voice Gateway and Communication Series Routers Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B11 EA Voice Gateway and Communication Series Routers Software Support and Maintenance 1 Yr 21.0% entitles on shipment B12 EA Voice Gateway and Communication Series Routers Software Support and Maintenance 3 Yr 24.0% entitles on shipment B13 EA Wireless LAN Controllers Series (WLC) Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment 614 EA Wireless LAN Controllers Series (WLC) Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B15 EA Wireless Access Points Indoor and Outdoor Series (AP) Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment B16 EA Wireless Access Points Indoor and Outdoor Series (AP) Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B17 EA Wireless Access Point Licenses for all Wireless Controller Series Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment B18 EA Wireless Access Point Licenses for all Wireless Controller Series Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B19 EA Prime Infrastructure Licenses Software Support and Maintenance 1 Yr 21.0% entitles on shipment B20 EA Prime Infrastructure Licenses Software Support and Maintenance 3 Yr 24.0% entitles on shipment B21 EA Mobility Services Engine (MSE) Licenses Software Support and Maintenance 1 Yr 21.0% entitles on shipment B22 EA Mobility Services Engine (MSE) Licenses Software Support and Maintenance 3 Yr 24.0% entitles on shipment B23 EA UCS Series Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment B24 EA UCS Series Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B25 EA MDS Series Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment B26 EA MDS Series Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B27 EA Identity Services Engine Licenses Software Support and Maintenance 1 Yr 21.0% entitles on shipment B28 EA Identity Services Engine Licenses Software Support and Maintenance 3 Yr 24.0% entitles on shipment B29 EA ASA Series Firewalls Smartnet Support and Maintenance 1 Yr 21.0% entitles on shipment B30 EA ASA Series Firewalls Smartnet Support and Maintenance 3 Yr 24.0% entitles on shipment B31 EA Support and Maintenance 1 Yr 27.0% entities on shipment B32 EA Support and Maintenance 3 Yr 30.0% entitles on shipment B33 EA UCCX Workforce Manager (WFM), Quality Manager (QM) Licenses Software Support and Maintenance 1 Yr 10.01A entitles on shipment 634 EA UCCX Workforce Manager (WFM), Quality Manager (QM) Licenses Software Support and Maintenance 3 Yr 12.0% entities on shipment B35 EA ATA All Models Smartnet Support and Maintenance 1 Yr 21.0°/ entitles on shipment 636 EA ATA All Models Smartnet Support and Maintenance 3 Yr 24.0% entities on shipment B37 EA Phones All Models, Expansion Modules All Models Smartnet Support and Maintenance 1 Yr 21.0%1 entities on shipment 838 EA jPhones All Models, Expansion Modules All Models Smartnet Support and Maintenance 3 Yr 24,0%1 entitles on shipment SECTION C- Professional Services City's Rate - Regular City's Rate - After Hours Business Hours and Weekends C1 HR Professional Services Technology Engineer S 150.00 $ 187.50 C2 HR jProfessional Services Senior Technology Engineer $ 189.00 $ 236.25 C3 HR jProfessional Services Technology Design Engineer or Managing Consultant S 215.00 $ 268.75 DocuSign Envelope ID:9578FB9D-9BF&4EOB-BE53-FF94BBDF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DellEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shat! not make changes to this farmot. Part I. Product Proposal Pricing (FOB DESTINATION): Item#1 UOM Product Category City Discount % Estimated DeliveryARO I Qty City's Price (MSRP - City's Discount) off MSRP (Days) Evaluation Market Basket Pricing (FOB DESTINATION): Item # UDM Product Description Current Extended MSRP (List Price x Qty) City's Discount Qty City's Price (MSRP - City's Discount) SOLUTION A- Hardware and Software Al EA C1-N9K-C9332PQ Cisco ONE Nexus 9332 ACJ Leaf switch with 32p 40G QSFP $ 448,000.00 $ 235,200.00 15 $ 212,800.00 Total Price (USD) $448,000.00 $ 235,200.00 $ 212,800.00 A2 EA QSFP-40G-LR4-S= QSFP 40GBASE-LR4 Trnscvr Mod, LC, 10km, Enterprise -Class $ 57,750.00 $ 30,318.75 5 $ 27,431.25 Total Price (USD) $57,750.00 $ 30,318.75 $ 27,431.25 A3 EA 09300-48UXM-A Cisco ONE Catalyst 9300 48Port (12mGig+360g) UPoE LAN Network Advantage $ 707,500.00 $ 371,437.50 SO $ 336,062.50 Total Price (USD) $707,500.00 371,437.50 $ 336,062.50 A4 EA SFP-IOG-LR-S= 10GBASE-LR SFP Module, Enterprise -Class $ 210,000,00 $ 110,250.00 100 $ 99,750.00 Total Price (USD) $210,000.00 $ 110,250.00 $ 99,750.00 A5 EA VG310 Modular 24 FXS Port VolP Gateway with PVDM3-64 $ 6,700.00 $ 3,517.50 20 $ 3,182.50 Total Price (USD) $6,700.00 $ 3,517.5L $ 3,182.50 A6 EA C9800 -40-K9 Cisco 9800 Wireless Controller w/rack mounting kit $ 2,000,000.00 $ 1,050,000.00 100 $ 950,000.00 A7 EA C9120AX Internal 802.11ax 4x4:4 MIMO;IOT;BT5;mGig;USB;RHL $ 165,000.00 $ 86,625.00 100 1 $ 78,375.00 A8 EA AIR -AP -T -RAIL -R Ceiling Grid Clip for Aironet APs - Recessed Mount (Default) $ 100 $ A9 EA AIR -AP -BRACKET -1802.11n AP Low Profile Mounting Bracket (Default) $ 100 $ A10 EA SW9120AX-CAPWAP-K9 Capwap software for Catalyst 9120AX $ 100 $ Total Price (USD) $2,165,000.00 $ 1,136,625.00 $ 1,028,375.00 All EA ASASSI6-FPWR-K9 ASA 5516A with FirePOWER services, 8GE, AC, 3DES/AES $ 35,970.00 $ 18,884.25 6 $ 17,085.75 Total Price (USD) I $35,970.00 $ 18,884.25 $ 17,085.75 DocuSign Envelope IM 1578FB9D-9BF6-4ECB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part I. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % Estimated Delivery ARO off MSRP (Days) S - Al2 EA Firepower 2110 - FPR2110-NGFW-K9 Firepower 2140 - L-FPR2140T-TMC= Total Price (USD) $0.00 $ A13 EA ATA190 LIC 2 Port Analog Telephone Adapter 5 15,000.00 7,8'75.6o 50 $ 7,125.00 Total Price (USD) $15,000.00 7,a?S,10 $ 7,125.00 A14 EA CP -8845-K9= Cisco IF Phone 8845 $ 257,500.00 5 3.35,197.50 500 $ 122,312.50 Total Price (USD) $257,500.00 $ 135,187.50 $ 122,312.50 TOTAL $ 1,854,124.50 DocuSign Envelope ID:1578FB9D-9BF6-4EGB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, ut Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEIVIC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP (Days) SECTION A- STORAGE Al EA Unity Series DPE 50% subject to MFG lead time A2 EA Unity Series Expansion DAE 50% subject to MFG lead time A3 EA Unity Series NL SAS 56% subject to MFG lead time A4 EA Unity Series SAS 50% subject to MFG lead time A5 EA Unity Series SSD 50% subject to MFG lead time A6 EA Unity Series FAST CACHE 50% subject to MFG lead time A7 EA Unity Series 10 Cards 50% subject to MFG lead time A8 EA Unity Series Software Suites License 50% subject to MFG lead time A9 EA Unity Series PowerPath License 50% subject to MFG lead time A10 EA Unity Series PS Installation/Implementation (DELLEMC) 15% subject to MFG lead time All EA Unity Series Enhanced Software Support 50% subject to MFG leadtime Al2 EA Unity Series Premium Software Support 50% subject to MFG leadtime A13 EA Unity Series Enhanced Hardware Support 50% subject to MFG leadtime A14 EA Unity Series Premium Hardware Support 50% subject to MFG lead time A15 EA Unity XT Series All Flash DPE 50% subject to MFG leadtime A16 EA Unity XT Series Hybrid DPE 50% subject to MFG lead time A17 EA Unity XT Series All Flash Expansion DAE 50% subject to MFG lead time A18 EA Unity XT Series Hybrid Expansion DAE 50% subject to MFG lead time A19 EA Unity XT Series NL SAS 50% subject to MFG lead time A20 EA Unity XT Series SAS 50% subject to MFG lead time A21 EA Unity XT Series SSD 50% subject to MFG lead time A22 EA Unity XT Series 10 Cards 50% subject to MFG lead time A23 EA Unity XT Series Software Suites License 50% subject to MFG lead time A24 EA Unity XT Series PowerPath License 50% subject to MFG leadtime A25 EA Unity XT Series PS Installation/implementation(DELLEMC) 15% subject to MFG lead time A26 EA Unity XT Series Enhanced Software Support 50% subject to MFG leadtime A27 EA Unity XT Series Premium Software Support 50% subject to MFG leadtime A28 EA Unity XT Series Enhanced Hardware Support 50% subject to MFG leadtime A29 EA Unity XT Series Premium Hardware Support 50% subject to MFG lead time A30 EA Isilon NLSeries 55% subject to MFG lead time A31 EA Isilon NLSerjes RAM 55% subject to MFG lead time A32 EA 111silon NI -Series NL -SAS HDD 55% subject to MFG lead time DocuSign Envelope ID: 1578FBOD-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimates! Del lvery ARO MSRP (Days) A33 EA Isilon Optional 1OGbE 55% subject to MFG lead time A34 EA Isilon NL Series Software Licenses 55% subject to MFG lead time A35 EA Isilon NL Series Enhanced Software Support 55% subject to MFG lead time A36 EA Isilon NL Series Premium Software Support 55% subject to MFG lead time A37 EA Isilon NL Series Enhanced Hardware Support 55% subject to MFG lead time A38 EA Isilon NL Series Premium Hardware Support 55% subject to MFG lead time A39 EA Isilon A Series 55% subject to MFG leadtime A40 EA Isilon A Series NL -SAS HDD 55% subject to MFG lead time A41 EA Isilon A Series Enhanced Software Support 55% subject to MFG lead time A42 EA Isilon A Series Premium Software Support 55% subject to MFG leadtime A43 EA Isilon A Series Enhanced Hardware Support 55% subject to MFG leadtime A44 EA Isilon A Series Premium Hardware Support 55% subject to MFG leadtime A45 EA Isilon H Series 55% subject to MFG lead time A46 EA Isilon H Series SAS HDD 55% subject to MFG leadtime A47 EA Isilon H Series Enhanced Software Support 55% subject to MFG leadtime A48 EA Isilon H Series Premium Software Support 55% subject to MFG lead time A49 EA Isilon H Series Enhanced Hardware Support 55% subject to MFG leadtime A50 EA Isilon H Series Premium Hardware Support 55% subject to MFG lead time A51 EA Isilon F Series 55% subject to MFG lead time A52 EA Isilon F Series SSD 55% subject to MFG lead time A53 EA Isilon F Series Enhanced Software Support 55% subject to MFG leadtime A54 EA Isilon F Series Premium Software Support 55% subject to MFG leadtime A55 EA Isilon F Series Enhanced Hardware Support 55% subject to MFG lead time A56 EA Isilon F Series Premium Hardware Support 55% subject to MFG lead time A57 EA Isilon PS Installation/Implementation (DELLEMC) 15% subject to MFG lead time A58 EA XtremlO Series Brick, Storage Controllers, Management Controllers, Management License 55% subject to MFG leadtime A59 EA XtremlO Series Flash Drives 55% subject to MFG lead time Aho EA XtremlO Series Backup UPS 55% subject to MFG lead time A61 EA XtremlO Series Enhanced Software Support 55% subject to MFG leadtime A62 EA XtremlO Servies Premium Software Support 55% subject to MFG leadtime A63 EA XtremlO Series Enhanced Hardware Support 55% subject to MFG leadtime A64 EA XtremlO Series Premium Hardware Support 1PowerP@th 55% subject to MFG leadtime A65 EA Series Licensing 55%1 subject toMFG lead time! DocuSign Envelope ID: 1578FB9D-9BF6-4EDB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the fallowing section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARID MSRP (Days) A66 EA PowerPath Series Enhanced Software Support 55% subject to MFG lead time A67 EA PowerPath Series Premium Software Support 55% subject toMFG lead time SECTION B -REPLICATION B1 EA Vplex Base Engine Including Base Licenses, Base Management Server, Base FC Modules 57% subject to MFG leadtime B2 EA Vplex METRO Licenses 57% subject toMFG leadtime B3 EA Vplex PS Installation/Implementation (DELLEMC) 15% subject toMFG leadtime B4 EA Vplex Enhanced Software Support 57% subject to MFG lead time B5 EA Vplex Premium Software Support 57% subject to MFG leadtime B6 EA Vplex Enhanced Hardware Support 57% subject to MFG lead time 137 EA Vplex Premium Hardware Support 57% subjectto MFG leadtime B$ EA RecoverPoint DPE 44% subject to MFG lead time 139 EA RecoverPoint RPA 44% subject to MFG lead time B10 EA RecoverPoint License 44% subject to MFG lead time 611 EA RecoverPoint Software Suite 44% subject to MFG lead time B12 EA RecoverPoint PS Installation/Implementation (DELLEMC) 15% subject toMPG kead time B13 EA RecoverPoint Enhanced Software Support 44% subjectto MFG leadtime B14 EA RecoverPoint Premium Software Support 44% subject to MFG lead time B15 EA RecoverPoint Enhanced Hardware Support 44% subject toMFG leadtime B16 EA RecoverPoint Premium Hardware Support 44% subject to MFG leadtime SECTION C- Backup Ci EA Power Protect Data Doman System Including Base License 50% subject toMFG lead time C2 EA Power Protect Data Doman System Expansion 50% subject toMFG lead time C3 EA Power Protect Data Doman Capacity License 50% subject to MFG teadtime C4 EA Power Protect Data Doman Expansion Capacity License 50% subject toMFG leadtime CS EA Power Protect Data Doman PS Installation/Implementation (DELLEMC) 15% subject to MFG lead time C6 EA Power Protect Data Doman DD Boost License 50% subject toMFG leadtime C7 EA Power Protect Data Doman Optional 10 Modules 50% subject to MFG lead time C8 EA Power Protect Data Doman Enhanced Software Support 50% subject to MFG lead time C9 EA Power Protect Data Doman Premium Software Support 50% subjecttoMFG leadtime C10 EA Power Protect Data Doman Enhanced Hardware Support 50% subjectto MFG lead time C11 EA Power Protect Data Doman Premium Hardware Support 50%1 subject to MFG lead time SECTION D- CONVERGED D1 I EA VXRaiI HCIA Base Chassis with 4 Nodes 49% subject to MFG lead time DocuSign Envelope iD; 1578FB9D-9BF6-4E0B-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, Dell EMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP (Days) D2 EA VXRail Additional Chassis 49% subject to MFG leadtime D3 EA VXRail Additional Node 49% subject to MFG lead time D4 EA VXRail HCIA Disk Pack 49% subject to MFG lead time D5 EA VXRaiIHCIASoftware 49% subject to MFG lead time D6 EA Mail PS Installation/Implementation (DELLEMC) 15% subject to MFG lead time D7 EA Wail Enhanced Software Support 49% subject to MFG lead time DB EA VXRail Premium Software Support 49% subject to MFG leadtime D9 EA VXRail Enhanced Hardware Support 49% subject to MFG lead time D10 I EA JVXRaII Premium Hardware Support 49% subject to MFG leadtime SECTION E - Professional Services City's Rate - Regular Business Hours City's Rate - After Hours and Weekends El HR Professional Services Technology Engineer $ 150.00 $ 187.50 E2 HR Professional Services Senior Technology Engineer $ 189.00 $ 236.25 E3 HR JProfessional Services Technology Design Engineer or Managing Consultant $ 215.00 $ 268.75 Evaluation Market Basket Pricing (FOB DESTINATION): Item # UOM Product Description Current Extended MSRP (List Price x Qty) City's Discount Qty City's Price (MSRP - City's Discount) SOLUTION A- STORAGE (ISILON and UNITY XT) SAI EA H500 - 6OTB (15x4TB)/3.2TB SSD $34,618.00 $ 19,039.90 1 $ 15,578.10 SA2 EA New Cluster $0.00 1 $ - SA3 EA 2x4OGbE (QSFP+) Back End W/O OPTICS $977.00 $ 537.35 1 $ 439.65 SA4 EA 2X10GbE (SFP+) W/O OPTICS $1,010.00 $ 555.50 1 $ 454.50 SA5 EA Transceivers/Optic/SFP+/SR/IOGbE/Qty 2 $185.00 $ 101.75 1 $ 83.25 5A6 EA OneFS Base License Tier 3 $19,600.00 $ 10,780.00 1 $ 8,820.00 SA7 EA OneFS Capacity License Tier 3 $28,420.20 $ 15,631.11 60 $ 12,789.09 SA8 EA Enterprise Bundle Tier 3 $2,996.00 $ 1,647.80 1 $ 1,348.20 SA9 EA Enterprise Bundle Capacity T3 Per TB $2,880.00 $ 1,584.00 60 $ 1,296.00 SA10 EA SynclQ Ease License Tier 3 $1,667.00 $ 916.85 1 $ 750.15 SAI1 EA HDFS for OneFS ($0.00) $0.00 1 $ - SA12 EA SynclQ Capacity License Tier 3 $1,620.001 891.00 60 $ 729.00 DccuSign Envelope ID: 1578FB9D-gBF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidia Networked Solutions Group, LLC Principle Place of Business (City, State)- Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part 11. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO IVISRP (Days) SA13 EA 5 Years ProSupport Plus Mission Critical 4 Hour Onsite Service $25,643.09 $ 14,103.70 1 $ 11,539.39 SA14 EA 5 Years ProSupport Plus Mission Critical OneFS Base Software Support-Maint $13,720.00 $ 7,546.00 1 $ 6,174.00 SA15 EA 5 Years ProSupport Plus Mission Critical OneFS Capacity Software Support-Maint $19,894.20 $ 10,941.81 60 $ 8,952.39 SA16 EA 5 Years ProSupport Plus Mission Critical HDFS for OneFS Software Support-Maint $0.01 $ 0.01 1 $ 0.00 SA17 EA 5 Years ProSupport Plus Mission Critical SynclQ Base Software Support-Maint $1,667.00 $ 916.85 1 $ 750.15 SA18 EA 5 Years ProSupport Plus Mission Critical Enterprise Bundle Base Software Support-Maint $2,996.00 $ 1,647.80 1 $ 1,348.20 SA19 EA 5 Years ProSupport Plus Mission Critical Enterprise Bundle Capacity Software Support-Maint $2,880.00 $ 1,584.00 60 $ 1,296.00 SA20 EA Custom Installation required with this order $0.01 $ 0.01 1 $ 0.00 SA21 EA 5 Years ProSupport Plus Mission Critical 4 Hour Capacity Add -On Per Terabyte $5,211.60 $ 2,866.38 60 $ 2,345.22 SA22 EA US No Canada Ship Charge $0.00 $ - 1 $ - SA23 EA DOD Gloss Poly UID Label 2 X 0.50 $0.00 $ 1 $ SA24 EA ISG Product (info) $0.00 $ 1 $ SA25 EA Base Chassis - Normal $5,608.00 $ 3,084.40 1 $ 2,523.60 SA26 EA 5 Years ProSupport Plus Mission Critical 4 Hour Onsite Service $4,186.11 $ 2,302.36 1 $ 1,883.75 SA27 EA US No Canada Ship Charge $o.00 $ - 1 $ - SA28 EA ISG Product (info) $0.00 $ - 1 $ SA29 EA Z9100 Dell Networking Switch $29,722.00 $ 16,347.10 1 $ 13,374.90 SA30 EA 29100 Series User Guide $5.00 $ 2.75 1 $ 2.25 SA31 EA Dell Switch Field Installation Kit for 54148F, 291.00 $233.95 $ 128.67 1 $ 105.28 SA32 EA OS10 Enterprise Software, Z9100 $8,000.00 $ 4,400.00 1 $ 3,600.00 SA33 EA 5 Years ProSupport Plus Mission Critical 4 Hour Onsite Service $22,873.11 $ 12,580.21 1 $ 10,292.90 SA34 EA Accessories Label BASE $0.00 $ - 1 $ SA35 EA New Cluster $o.00 $ 1 $ SA36 EA Normal $0.00 $ 1 $ SA37 EA Ethernet Back -end 1/0 $0.00 $ 1 $ - SA38 EA PWCRD KIT for Gen6 Normal Chassis $198.00 $ 108.90 2 $ 89.10 SA39 EA CABLE, ETHERNET, 40G, PASS, HALFREE, 1M $1,792.00 $ 985.60 8 $ 806.40 SA40 EA US No Canada Ship Charge $0.00 $ - 1 $ - SA41 EA ISG Product (info) $0.00 $ 1 $ SA42 EA No Service $0.00 $ 1 $ DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DellEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP {Days) Total Price (USD) $238,603.28 $131,231.80 $ 107,371.48 SA43 EA Unity 480F DPE 25x2.5 Customer Supplied Rack (High Line Power 200V -240V) $27,880.00 $ 13,940.00 1 $ 13,940.00 SA44 EA Unity AFA Base Software+ D@RE=1C $0.00 1 $ - SA45 EA Unity F 3.84T8 ALL FLASH 25X2,5 SSD $270,750.00 $ 135,375.00 25 $ 135,375.00 SA46 EA Unity 2X4 Port Card 10GbE OPT AF $2,440.00 $ 1,220.00 1 $ 1,220.00 SA47 EA Unity 2x4 Port 10 16Gb FC AF $3,530.00 $ 1,765.00 1 $ 1,765.00 SA48 EA Pair of C13/C14 cables (Highline Power) or C19/C20 cables (480/680 Lowline Power) included with DPE $0.00 2 $ - SA49 EA Unity XT AFA Field Install Kit $293.00 $ 146.50 1 $ 146.50 SA50 EA ISG Product (info) $0.00 1 $ - SA51 EA 4 Years ProSupport Plus Mission Critical 4 Hour Onsite Service $13,516.34 $ 6,758.17 1 $ 6,758.17 SA52 EA 4 Years ProSupport Plus Mission Critical 4 Hour Medium Capacity SSD Add -On $192,000.00 $ 96,000.00 25 $ 96,000.00 SA53 EA 4 Years ProSupport Plus Mission Critical, Software Support Maintenance $0.00 1 $ - SA54 EA Prodeploy Plus for Unity X80 DPE Hybrid and All Flash $5,920.00 $ 5,032.00 1 $ 888.00 SA55 EA US No Canada Ship Charge $0.00 1 $ - EA SA56 EA Unity 2U 25x2.5 DAE Customer Supplied Rack AF (Pair of SAS Cables Included) $2,440.00 $ 1,220.00 1 $ 1,220.00 SA57 EA Unity F 3.84TI3 ALL FLASH 25X2.5 SSD $238,260.00 $ 119,130.00 22 $ 119,130.00 SA58 EA Unity 2x2M DAE SAS CBL AF $270.00 $ 135.00 1 $ 135.00 SA59 EA Non TLA Order $0.00 1 $ - SA60 EA ISG Product (info) $0.00 1 $ - SA61 EA 4 Years ProSupport Plus Mission Critical 4 Hour Onsite Service $1,216.29 $ 608.15 1 $ 608.15 SA62 EA 4 Years ProSupport Plus Mission Critical 4 Hour Medium Capacity SSD Add -On $168,960.00 $ 84,480.00 22 $ 84,480.00 SA63 EA Prodeploy Plus for Dell EMC Unity Deployment Unity 15 25 Drive DAE All Flash $814.00 $ 691.90 1 $ 122.10 SA64 EA US No Canada Ship Charge $0.00 $ - i is - SA65 EA AppSync Unity Af $0.00 $ 1 $ SA66 EA AppSync Basic for Unity AF 380=1C $0.00 $ 1 $ SA67 EA ONSITE INSTALL DECLINED $0.00 $ 1 $ SA68 EA Storage Software Info $0.00 $ 1 $ SA69 EA ProSupport for Hardware Declined $0.00 $ 1 1 $ DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP (Days) SA70 EA RecoverPoint for Unity XT AF $0.00 1 $ SA71 EA RP BASIC LOC AND REM FOR UNITY $0.00 1 $ SA72 EA No Installation $0.00 1 $ SA73 EA 4 Years Pro5upport Plus Mission Critical, RecoverPoint Basic - All -Flash, Sftwr Spt/Maintenance $0.00 1 $ SA74 EA Storage Software Info $0.00 1 $ SA75 EA ProSupport for Hardware Declined $0.00 1 $ Total Price (USD) $928,289.63 4662,5271 .74 $ 461,787.92 SOLUTION BAEPLICATION (VPLEX) Site I Sel EA DELLEMC PE MANAGEMENT SERVER $4,485.00 $ 2,556.45 1 $ 1,928.55 S132 EA VPLEX VS2 SINGLE CONFIG RACK (TITAN) $10,810.00 $ 6,161.70 1 $ 4,648.30 S133 EA VPLEX VS2 BASE ENGINE $29,340.00 $ 16,723.80 1 $ 12,616.20 SB4 EA 30A 1PH 1.6-3013 N.AMER JAPAN $270.00 $ 153.90 1 $ 116.10 S135 EA CHINOOK FRONT END 1/0 OPTION (8GFC) $3,090.00 $ 1,761.30 1 $ 1,328.70 SB6 EA 8 GBIT FC COM MODULES $3,090.00 $ 1,761.30 1 $ 1,328.70 SB7 EA PROSUPPORT W/MISSION CRITICAL -HW WARRANT $0.00 1 $ SB8 EA NP ASSY VPLEX OS GPLV3 SW NO CHARGE $0.00 1 $ SB9 EA NP VPLEX OS NON GPLV3 SW NO CHARGE $0.00 1 $ SB10 EA VPLEX V52 GEOSYNC CAP BASE 10TB SW=CA $0.00 1 $ SB11 EA PROSUPPORT 4HR/MC SOFTWARE SUPPORT $0.00 1 $ S1312 EA VPLEX VS2 GEOSYNC CAPACITY SW $0.00 1 is - SB13 EA VPLEX VS2 GEOSYNC ITB 41-60TB SW=CA $58,000.00 $ 33,060,00 40 $ 24,940.00 S1314 EA PROSUPPORT 4HR/MC SOFTWARE SUPPORT $12,179.88 $ 6,942.53 1 1 $ 5,237.35 SB15 EA VPLEX VALLIEPAK $3,300.00 $ 1,881.00 1 $ 1,419.00 S1516 EA HEALTH CHECK FOR VPLEX $13,660.00 $ 7,786.20 1 $ 5,873.80 SB17 EA ZERO DOLLAR ESRS INSTALL $0.00 1 $ - SB18 EA CARS WS APP + INFR READINESS VPLEX METRO $49,550.00 $ 28,243.50 1 $ 21,306.50 Site 2 SB19 EA DELLEMC PE MANAGEMENT SERVER $4,485.00 $ 2,556.45 1 $ 1,928.55 SB20 EA VPLEX VS2 SINGLE CONFIG RACK (TITAN) $10,810.00 $ 6,161.70 1 $ 4,648.30 SB21 EA VPLEX VS2 BASE ENGINE $29,340.00 $ 16,723.80 1 $ 12,616.20 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidlo Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricinq (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP IDays) SB22 EA 30A 1PH L6 -30P N.AMER JAPAN $2711.00 $ 153.90 1 $ 116.10 SB23 EA CHINOOK FRONT END 1/0 OPTION (8GFC) $3,090.00 $ 1,761.30 1 $ 1,328.70 SB24 EA 8 GBIT FC COM MODULES $3,090.00 $ 1,761.30 1 $ 1,328.70 SB25 EA PROSUPPORT W/MISSION CRITICAL -HW WARRANT $0.00 1 $ - SB26 EA NP ASSY VPLEX OS GPLV3 SW NO CHARGE $0.00 1 $ SB27 EA NP VPLEX OS NON GPLV3 SW NO CHARGE $0.00 1 $ SB28 EA VPLEX VS2 GEOSYNC CAP BASE 10TB SW=CA $0.00 1 $ SB29 EA PROSUPPORT 4HR/MC SOFTWARE SUPPORT $0.40 1 $ SB30 EA VPLEX VS2 GEOSYNC CAPACITY SW $0.00 1 $ - SB31 EA VPLEX VS2 GEOSYNC 1TB 41-60TB SW=CA $58,000.90 $ 33,060.00 44 $ 24,940.00 SB32 EA PROSUPPORT4HR/MC SOFTWARE SUPPORT $12,179.88 $ 6,942.53 1 $ 5,237.35 SB33 EA VPLEX VALUEPAK $3,300-00 $ 1,881.00 1 $ 1,419.00 S334 EA HEALTH CHECK FOR VPLEX $13,660.00 $ 7,786.20 1 $ 5,873.80 SB35 EA ZERO DOLLAR ESRS INSTALL $0.00 1 $ - Total Price (USD) $325,999.76 185,819.86 $ 144,179.90 SOLUTION C- Backup (DD6900) SCl EA PowerProtect DD6900 -AMER $108,261.76 $ 54,130.88 1 $ 54,130.88 SC2 EA Controller DD6900 NFS CIFS $0.00 1 SC3 EA SYSTEM DD6900 NFS CIFS $0.00 1 $ - SC4 EA DD6900 Field Install kit $0.00 1 $ SCS EA DD OS 7.4=1A $0.00 1 $ SC6 EA Dell Hardware Limited Warranty Initial Year $0.00 1 $ SC7 EA ProSupport: Mission Critical 4 -Hour 7x24 On -Site Service with Emergency Dispatch 1 Year $0.00 1 $ SC8 EA ProSupport: Mission Critical 4 -Hour 7x24 On -Site Service with Emergency Dispatch 2 Years Extended $0.00 1 $ SC9 EA ProSupport: Mission Critical 7x24 HW/SW Tech Support and Assistance 3 Years $0.00 1 $ SC10 EA Dell Hardware Limited Warranty Plus On Site Service Extended Year $0.00 1 $ - SC11 EA LICENSE BASE DD OE =1A $0.09 1 $ SC12 EA ProSupport Mission Critical, Operating Environment, Software Support/Maintenance 3 Years $0.00 1 $ SC13 EA ProSupport Mission Critical, Operating Environment, Software Support, Contract 3 Years $0.00 1 $ - SC14 EA ProDeploy Plus Training Credits 500 Redeem at education.dellemc.com Expires 1Yr from Order Date $0.00 1 $ - SCIS EA Prodeploy Plus for PowerProtect Data Domain 6XXX 9XXX $0.00 1 $ 1 SC16 EA Prodeploy Plus for PowerProtect Data Domain 6XXX 9XXX Deployment Verification $o.o0 1 $ - DocuSign Envelope ID: 1578FB9D-9BF6-4EQa-BE63-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP (Days) SC17 EA ISG Product (info) $0.00 1 $ SC18 EA DD 1.92TB internal Cache SSD $0.00 2 $ SC19 EA PDU 1M Included $0.00 1 $ SC20 EA DD 10GSFP 10 MODULE NDC $0.00 1 $ SC21 EA DD 12G 4 port SAS HBA $0.00 2 $ SC22 EA DD 10GBASE-T 10 MODULE 413ort Full Height $0.00 1 $ SC23 EA DD 10GSFP 10 MODULE 4Port Full Height $0.00 1 $ SC24 EA XCVR 10GbE SR SFP $0.00 8 $ SC25 EA Cable 10GbE 3M TWINAX $0.00 4 $ SC26 EA DD 3M SAS HD FLEX $0.00 1 $ SC27 FA Education Services - PowerProtect DD Systems Admin Instructor Led Training Expire 1YR $0.00 1 $ SC28 EA Education Services - Dell EMC Proven Professional Exam Voucher ExpirelYR $0.00 1 $ SC29 EA PowerProtect DD 4TB DS60 - 120TB NVI AMER $627,436.23 $ 313,718.12 1 $ 313,718.12 SC30 EA DD DS60 SHELF Field $0.00 1 $ - SC31 EA ProSupport Mission Critical, DD New, 1TB, Software Support, Contract 3 Years $0.00 1 $ SC32 EA FIELD INSTALLED DAE $0.00 1 $ SC33 EA ProSupport Mission Critical, DD Boost, 1T13, Software Support, Contract 3 Years $0.00 1 $ SC34 EA ProSupport Mission Critical, DD Replication, ITB, Software Support, Contract 3 Years $0.00 1 $ SC35 EA Dell Hardware Limited Warranty Initial Year $0.00 1 $ SC36 EA ProSupport: Mission Critical 4 -Hour 7x24 On -Site Service with Emergency Dispatch 1 Year $0.00 1 $ SC37 EA ProSupport: Mission Critical 4 -Hour 7x24 On -Site Service with Emergency Dispatch 2 Years Extended $0.00 1 $ SC38 EA ProSupport: Mission Critical 7x24 HW/SW Tech Support and Assistance 3 Years $0.00 1 $ SC39 EA Dell Hardware Limited Warranty Plus On Site Service Extended Year $0.00 1 $ SC40 EA Prodeploy Plus for DSXX $0.00 1 $ SC41 EA Prodeploy Plus for DSXX Deployment Verification $0.00 1 $ SC42 EA ISG Product (info) $0.00 1 $ SC43 EA DD New Software 1T13 Raw=CB $0.00 240 $ SC44 EA ProSupport Mission Critical, DD New, ITB, Software Support/Maintenance 3 Years $0.00 240 $ SC45 EA DS60 4TB Active 1T13 Raw=CB $0.00 240 $ SC46 EA 3 Years ProSupport Mission Critical DD Raw DS60 4TB Active ITB Sftwr Spt-Maint $0.00 240 $ SC47 EA HDD 12G DISK PK 15X4TB SAS FL DS60 $0.00 4 $ SC48 EA ProSupport and Mission Critical 4 Hour HDD 1SX4TB CptyPackAdd-On 3 Years $0.00 4 $ SC49 EA DD Boost Software ITB Raw=CB $G.001240 $ DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DellEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP (Days) SC50 EA ProSupport Mission Critical, DD Boost, 1TB, Software Support/Maintenance 3 Years $0.00 240 $ SCSI EA DD Replication Software ITB Raw=CB $0.00 240 $ SC52 EA ProSupport Mission Critical, DD Replication, 1TB, Software Support/Maintenance 3 Years $0.00 240 $ Total Price (ILISD) $735,697.99 $ 367,849.00 $367,849.00 SOLUTION D- CONVERGED VXRAIL E460 SDI EA jVxRail E560F,1OX2.5",Flash $3,259.00 S 1,596.91 1 $ 1,662.09 SD2 EA VxRail Software 4.7.520 Factory Install $0.00 1 $ - SD3 EA No Transformational License Agreement $0.00 1 $ - SD4 EA 2.5 Chassis with up to 10 Hard Drives, 2 NVMe Drives and 3 PCIe Slots, 2CPU only $900.00 $ 441.00 1 $ 459.00 SD5 EA VXRall E560/F Bezel $149.00 $ 73.01 1 $ 75.99 SD6 EA Intel Xeon Silver 4208 2.1G, 8C/I6T, 9.6GT/s,11M Cache, Turbo, HT (SSW) DDR4-2400 $789.00 $ 386.61 1 $ 402.39 SD7 EA Intel Xeon Silver 4208 2.1G, 8C/16T, 9.6GT/s, 11M Cache, Turbo, HT (85W) DDR4-2400 $789.00 $ 386.61 1 $ 402.39 SD8 EA 320OMT/s RDIMMs $0.00 1 $ - SD9 EA 16GB RDIMM, 320OMT/s, Dual Rank $47,296.00 $ 23,175.04 8 $ 24,120.96 SDIO EA 80OGB SSD SAS Mix Use 12Gbps 512e 2.5in Hot -plug AG Drive, 3 DWPD, $1,679.00 $ 822.71 1 $ 856.29 SD11 EA 3.84TB SSD SAS Read Intensive 12Gbps 512 2.5in Hot -plug AG Drive, 1 DWPD, $69,104.00 $ 33,860.96 4 $ 35,243.04 SD12 EA Diskless PowerEdge Express Flash PCIeSSD Configuration $0.00 1 $ S1313 EA Intel X710 Quad Port 10GbE SFP+, rNDC $849.00 $ 416.01 1 $ 432.99 SD14 EA Trusted Platform Module 2.0 $99.00 $ 48.51 1 $ 50.49 SD15 EA ReadyRails- Sliding Rails Without Cable Management Arm $149.00 $ 73.01 1 $ 75.99 SD16 EA Dual, Hot -plug, Redundant Power Supply (1+1), 1100W $785.00 $ 384.65 1 $ 400.35 SD17 EA NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America $0.00 2 $ - SD18 EA SFP+, SR, Optical Transceiver, Low Cost, 10Gb-1Gb $1,116.00 $ 546.84 2 $ 569.16 SD19 EA VxRail VMware,vSAN Advanced, 3 Years $0.00 2 $ - SD20 EA VxRail HCI System Software, All -Flash, A $34,360.00 $ 16,836.40 2 $ 17,523.60 SD21 EA VxRail HCI System Software, Capacity Drive 3.84TB SAS, SSD $26,112.00 $ 12,794.88 4 $ 13,317.12 SD22 EA 3 Years Pro Support Plus Mission Critical 4 Hour Onsite Service $12,047.01 $ 5,903.03 1 $ 6,143.98 SD23 EA 3 Years, Series E All Flash, Add -On Support $4,557.60 $ 2,233.22 1 $ 2,324.38 SD24 EA 3 Years, Pro Support Plus w/ Mission Critical, Software Support $0.00 1 $ - SD25 EA 3 Years, ProSupport Plus Mission Critical, vSAN, Advanced, 1 Processor $16,548.00 $ 8,108.52 2 $ 8,439.48 SD26 EA ProDeploy Plus Dell EMC VxRail Deployment $3,463.201$ 1,696.97 1 $ 1 1,766.23 SD27 EA jPowerEdge R640 CE, CCC, BIS Marking 1 $0.00 1 $ DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DeHEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part II. Product Proposal Pricing (FOB DESTINATION): Item # UOM Product Category City Discount % off Estimated Delivery ARO MSRP {Days) SD28 EA HCIA RecoverPoint for VMWare for 1 node VT $0.00 1 $ SD29 EA E560/E56oF Shipping $0.00 1 $ SD30 EA PowerEdge R640 x4 and x10 Drive Shipping Material $0.00 1 $ SD31 EA Riser Config 2, 3x16 LP $19.00 $ 9.31 1 $ 9.69 SD32 EA PowerEdge R640 MLK Motherboard $0.00 1 $ SD33 EA 2 Standard Heatsinks for 165W or less CPUs $38.00 $ 18.62 1 $ 19.38 SD34 EA Performance Optimized $0.00 1 $ - SD35 EA No RAID for E560 $0.00 1 $ - SD36 EA HBA330 12Gbps SAS HBA Controller (NON -RAID), Minicard $319.00 $ 156.31 1 $ 162.69 SD37 EA BOSS controller card +with 2 M.2 Sticks 240G (RAID 1),LP $879.00 $ 430.71 1 $ 448.29 SD38 EA iDRAC9,Enterprise $489.00 $ 239.61 1 $ 249.39 SD39 EA iDRAC Group Manager, Disabled $0.00 1 $ - SD40 EA iDRAC,Legacy Pa5sward,OEM $0.00 1 $ SD41 EA DHCP with Zero Touch Configuration $0.00 1 $ - SD42 EA IDSDM and Combo Card Reader $59.00 $ 28.91 1 $ 30.09 SD43 EA 2x 64GB microSDHC/SDXC Card $398.00 $ 195.02 1 $ 202.98 SD44 EA 8 Performance Fans for R640 $199.00 $ 97.51 1 $ 101.49 SD45 EA No Quick Sync $39.00 $ 19.11 1 $ 19.89 SD46 EA UEFI BIOS Boot Mode with GPT Partition $0.00 1 $ - SD47 EA No Energy Star $0.00 1 $ SD48 EA No Internal Optical Drive for 10 or 24 HDD Chassis $0.00 1 $ SD49 EA No Systems Documentation, No OpenManage DVD Kit $0.00 1 $ SD50 EA E560F Luggage Tag $0.00 1 $ SD51 EA US No Canada Ship Charge $0.00 1 $ - SD52 EA VxRail Small Form Factor Pluggable Cable Kit $19.00 $ 9.31 1 $ 9.69 Total Price (USD) $226,508.81 v 110,989.32 $ 115,519.49 $ TOTAL $1,192,707.78 DocuSign Envelope ID:1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, ILC Principle Place of Business (City, States: Irving, TX RFP 7734 - Technology Infrastructure - Cisco, DelIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part III. Product Proposal Pricing (FOB DESTINATION): Item I! UOM Product Category City Discount % off Estimated Delivery MSRP ARO (Days) SECTION A- vSphere Al Per Processor vSphere Enterprise Plus 13% 1-2 days A2 Per Processor vSphere Enterpprise Plus Production Support 1 Year 4% 1-2 days A3 Per Processor vSphere Enterpprise Plus Production Support 3 Year 4% 1-2 days A4 Per Processor vSphere Standard 13% 1-2 days AS Per Processor vSphere Standard Production Support 1 Year 4% 1-2 days A6 Per Processor vSphere Standard Production Support 3 Year 4% 1-2 days A7 Per Instance vCenter Standard 13% 1-2 days A8 Per Instance vCenter Standard Production Support 1 Year 4% 1-2 days A9 Per Instance vCenter Standard Production Support 3 Year 4% 1-2 days A10 Per Processor Upgrade: VMware vSphere Standard to vSphere with Operations Management Enterprise Plus for 1 Processor 13% 1-2 days All Per Processor Production Support/Subscription VMware vSphere with Operations Management Enterprise Plus for 1 year 4% 1-2 days Al2 Per Processor Production Support/Subscription VMware v5phere with Operations Management Enterprise Plus for 3 year 4% 1-2 days A13 Per Processor Upgrade: VMware vSphere Enterprise Plus to vSphere with Operations Management Enterprise Plus for 1 Processor 16% 1-2 days A14 Per Processor Production Support/Subscription VMware vSphere with Operations Management Enterprise Plus for 1 year 4% 1-2 days A15 Per Processor Production Support/Subscription VMware v5phere with Operations Management Enterprise Plus for 3 year 4% 1-2 days A16 Per Processor Upgrade: VMware vSphere Enterprise to v5phere with Operations Management Enterprise Plus for 1 Processor 16% 1-2 days A17 Per Processor Production Support/Subscription VMware vSphere with Operations Management Enterprise Plus for 1 year 4% 1-2 days A18 Per Processor Production Support/Subscription VMware vSphere with Operations Management Enterprise Plus for 3 year 4% 1-2 days SECTION B - Horizon B1 Concurrent User VMware Horizon Standard :100 Pack (CCU) 20% t-2 days B2 Concurrent User Production Support/Subscription for VMware Horizon Standard : 100 Pack (CCU) for 1 year 4% 1-2 days 63 Concurrent User Production Support/Subscription for VMware Horizon Standard : 100 Pack (CCU) for 3 year 41A 1-2 days 64 Concurrent User VMware Horizon Advanced : 10 Pack (CCU) 20% 1-2 days B5 Concurrent User Production Support/Subscription for VMware Horizon Advanced : 10 Pack (CCU) for 1 year 4% 1-2 days B6 Concurrent User Production Support/Subscription for VMware Horizon Advanced : 10 Pack (CCU) for 3 year 40A 1-2 days B7 Concurrent User VMware Horizon Advanced : 100 Pack (CCU) 20% 1-2 days 68 Concurrent User Production Support/Subscription for VMware Horizon Advanced : 100 Pack (CCU) for 1 year 4% 1-2 days 89 Concurrent User Production Support/Subscription for VMware Horizon Advanced : 100 Pack (CCU) for 3 year 4% 1-2 days B10 Concurrent User VMware App Volumes Advanced 100 Pack (CCU) 20% 1-2 days 611 Concurrent User Production Support/Subscription for VMware App Volumes Advanced 100 Pack (CCU) for 1 year 4% 1-2 days B12 Concurrent User Production Support/Subscription for VMware App Volumes Advanced 100 Pack (CCU) for 3 year 4% 1-2 days B13 Concurrent User VMware User Environment Manager: 100 Pack (CCU) 20%11-2 days B14 Concurrent User Production Support/Subscription for VMware User Environment Manager: 100 Pack (CCU) for 1 year 4%11-2 days 615 Concurrent User Production Support/Subscription for VMware User Environment Manager: 100 Pack (CCU) for 3 year 490 1 7 d� ys SECTION C - vRealize DocuSign Envelope ID: 1578FB9D-9BFE-4EOB-BE53-FF148SDF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 -Technology Infrastructure - Cisco, ❑eIIEMC, VMWare Price Sheet The respondent sholl complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part III. Product proposal Pricing (FOB DESTINATION): Item # UoM Product Category City Discount % off Estimated Delivery MSRP ARO (Days) C1 PLU VMware vRealize Suite Standard (Per PLU) 309/ 1-2 days C2 PLU Production Suppart/Subscription VMware vRealize Suite Standard (Per PLU) for 1 year 4% 1-2 days C3 PLU Production Support/Subscription VMware vRealize Suite Standard (Per PLU) for 3 year 4% 1-2 days C4 PLU VMware vRealize Suite Advanced (Per PLU) 30% 1-2 days C5 PLU Production Support/Subscription VMware vRealize Suite Advanced (Per PLU) for 1 year 49A 1-2 days C6 PLU Production Support/Subscription VMware vRealize Suite Advanced (Per PLU) for 3 year 49/6 1-2 days C7 OSI VMware vRealize Automation Advanced (25 OSI Pack) 30% 1.2 days C8 OSI I Production Support/Subscription VMware vRealize Automation Advanced (25 OSI Pack) for 1 year 4%11-2 days C9 OSI Production Support/Subscription VMware vRealize Automation Advanced (25 OSI Pack) for 3 year 4% 1-2 days SECTION D -USAN D1 Per Processor VMware Virtual SAN Standard per processor 23% 1-2 days D2 Per Processor VMware Virtual SAN Advanced per processor 30% 1-2 days D3 Per Processor VMware Virtual SAN Enterprise per processor 30% 1-2 days D4 Concurrent User VMware Virtual SAN Standard for Desktop 100 Pack (CCU) 30% 1-2 days DS Per Processor Production Support/Subscription for VMware Virtual SAN Standard per processor for 1 year 4% 1-2 days D6 Per Processor Production Support/Subscription for VMware Virtual SAN Advanced per processor for 1 year 4% 1-2 days D7 Per Processor Production Support/Subscription for VMware Virtual SAN Enterprise per processor for 1 year 4% 1-2 days D8 Concurrent User Production Support/Subscription VMware Virtual SAN Standard for Desktop 100 Pack {CCU) for 1 year 4% 1-2 days SECTION E - NSX E1 Per Processor VMware NSX Standard per Processor 30% 1-2 days E2 Per Processor Production Support/Subscription for VMware NSX Standard per Processorfor 1 year 4% 1-2 days E3 Per Processor VMware NSX Advanced per Processor 30% 1-2 days E4 Per Processor Production Support/Subscription for VMware NSX Advanced per Processor for 1 year 4% 1-2 days E5 Per Processor VMware NSX Enterprise per Processor 30% 1-2 days E6 I Per Processor Production Support/Subscription for VMware NSX Enterprise per Processor for 1 year 4% 1-2 days E7 Concurrent User VMware NSX Advanced for Desktop : 100 Pack (CCU) 30% 1-2 days E8 Concurrent User Production Support/Subscription VMware NSX Advanced for Desktop : 100 Pack (CCU) for 1 year 4% 1-2 days E9 Concurrent User VMware NSX Enterprise for Desktop : 100 Pack (CCU) 30% 1-2 days E10 Concurrent User Production Support/Subscription VMware NSX Enterprise for Desktop : 100 Pack (CCU) for 1 year 4% 1-2days SECTION F- SRM F1 Per 25 VMs VMware Site Recovery Manager Standard (25 VM Pack) 20% 1-2 days F2 Per 25 VMs Production Support/Subscription for VMware Site Recovery Manager 6 Standard (25 VM Pack) for 1 Year 4% 1-2 days F3 Per 25 VMs VMware Site Recovery Manager Enterprise (25 VM Pack) 20% 1-2 days F4 Per 25 VMs Production Support/Subscription for VMware Site Recovery Manager 6 Enterprise (25 VM Pack) for 1 Year 4% 1-2 dans DocuSign Envelope ID:1578FB8D-9BF6.4EDB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): living, TX RFP 7734 - Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shoil not make changes to this format. Part III. Product Proposal Pricing (POB DESTINATION): Evaluation Market Basket Pricing (FOB DESTINATION): Item # UOM Product Description Current Extended MSRP (List Price x Qty) City Discount % off Estimated Delivery Item # UDM Product Category MSRP ARD joays) SECTION G -Professional Services City'sRate- Regular City's Rate -After $ 7,269.60 16 $ Business Hours Hours and Weekends G1 HR Professional Services Technology Engineer 1 $ 150.001$ 187.50 G2 HR Professional Services Senior Technology Engineer I $ 189.00 $ 236.25 G3 HR Professional Services Technology Design Engineer or Managing Consultant I $ 215.001 $ 268.75 Evaluation Market Basket Pricing (FOB DESTINATION): Item # UOM Product Description Current Extended MSRP (List Price x Qty) City's Discount Qty City's Price (MSRP - City's Discount) SOLUTION A- vSphere SA1 Per Processor vSphere 7 Enterprise Plus $ 55,920.00 $ 7,269.60 16 $ 48,650.40 SA2 Per Processor vSphere 7 Enterpprise Plus Production Support 1 Year $ 13,984.00 $ 559.36 16 $ 13,424.64 Total Price (U5D) $ 69,904.00 l„'.8.96 $ 62,075.04 SA3 Per Instance vCenter Standard $ 17,985.00 $ 2,338.05 3 $ 15,646.95 SA4 Per Instance vCenter Standard Production Support 1 Year $ 4,497.00 $ 179.88 3 $ 4,317.12 Total Price (USD) $ 22,482.00 SIR°,9e: $ 19,964.07 SA4 Per Processor VMware vSphere 7 with Operations Management Enterprise Plus for 1 processor $ 70,320.00 $ 11,251.20 16 $ 59,068.80 $AS Per processor jProductlort Support/Subscription VMware vSphere 6 with Operations Management Enterprise Plus for 1 year $ 17,584.00 $ 703.36 16 $ 16,880.64 Total Price (USD) $ 87,904.D0 $ 11,954.56 $ 75,949.44 SOLUTION B - Horizon S61 Concurrent User VMware Horizon 8 Advanced : 100 Pack (CCU) $ 200,000.00 $ 40,000.00 5 $ 160,000.00 SB2 Concurrent User Production Support/Subscription for VMware Horizon 8 Advanced : 100 Pack (CCU) for 1 year $ 50,000.00 $ 2,000.00 5 $ 48,000.00 Total Price (USD) $ 250,000.00 $ 42,000.00 $ 208,000.00 S133 I Concurrent User VMware App Volumes Advanced 100 Pack (CCU) $ 75,000.00 $ 15,000.001 5 $ 60,000.00 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Respondent's Name: Presidio Networked Solutions Group, LLC Principle Place of Business (City, State): Irving, TX RFP 7734 -Technology Infrastructure - Cisco, DeIIEMC, VMWare Price Sheet The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Part III. Product Proposal Pricing (FOB DESTINATION): Le UOM Product Category City Discount% off MSRP Estimated Delivery ARO (Days) Concurrent User Production Support/Subscription for VMware App Volumes Advanced 100 Pack (CCU) for 1 year $ 18,750.00 $ 750.00 5 $ 18,000.00 Total Price (USD) $ 93,750.00 .; 15,75f>.0€i $ 78,000.00 SOLUTION C -vRealize SC1 PLU VMware vRealize Suite 7 Enterprise (Per PLU) $ 247,840.00 $ 74,352.00 32 $ 173,488.00 SC2 PLU Production Support/Subscription VMware vRealize Suite 8 Enterprise (Per PLU) for 1 year $ 61,952.00 $ 2,478.08 32 $ 59,473.92 Total Price (USD) $ 309,792.00 7,830.08 $ 232,961.92 SC3 VMware vRealize Automation 7 Advanced (25 OSI Pack) $ 96,250,00 $ 28,875.00 14 $ 67,375.00 SC4 Production Support/Subscription VMware vRealize Automation 8 Advanced (25 OSI Pack) for 1 year $ 24,066.00 $ 962.64 14 $ 23,103.36 Total Price (USD) $ 120,316.00 s 29,837.65 $ 90,478.36 SOLUTION D - NSX SD1 Per Processor VMware NSX Enterprise per Processor $ 223,840.00 $ 67,152.00 32 $ 156,688.00 SD2 Per Processor Production Support/Subscription for VMware NSX Enterprise per Processor for 1 year $ 55,969.00 $ 2,238.72 32 $ 53,729.28 Total Price (USD) $ 279,808.00 $ 69,390.72 $ 210,417.28 SD3 lConcurrentUser VMware NSX Enterprise for Desktop: 100 Pack (CCU) $ 70,000.00 $ 21,000.00 5 $ 49,000.00 SD4 Concurrent User Production Support/Subscription VMware NSX Enterprise for Desktop : 100 Pack (CCU) for 1 year $ 17,500.00 $ 700.00 5 $ 16,800.00 Total Price (USD) $ 87,500.00 °, 21,700.G4 $ 65,800.00 SOLUTION F - SRM SF1 Per 25 VMs VMware Site Recovery Manager 8 Enterprise (25 VM Pack) $ 173,250.00 $ 34,650.00 14 $ 138,600.00 SF2 Per 25 VMs Production Support/Subscription for VMware Site Recovery Manager 6 Enterprise (25 VM Pack) for 1 Year S 43,316.00 $ 1,732.64 14 $ 41,583.36 Total Price (USD) $ 216,566.00 $ 360382.64 $ 180,183.36 5 - TOTAL $ 1,223,829.47 DocuSign Envelope ID: 1578FB9D-9BF6-4EOB-BE53-FF1488DF54CF Exhi bi t CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be fled with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Presidio Networked solutions Group, LLC 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. 3 1 Name of local government officer about whom the information in this section is being disclosed. Kim Dukes Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00] (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F—i No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes E-1 No D. Describe each employment or business and family relationship with the local government officer named in this section. NA 4 ❑I have no Conflict of Interest to disclose. 5 oacuftrked by: IA t s 11/21/2021 SiA=r'9W�TAW1lbSng business with the governmental entity Date