Item 4K-4O - Attachment EPRESIDIO..
TO: CITY OF SOUTHLAKE
Michael Blackwell
1400 MAIN ST., STE 440
Southlake, TX 76092
mblackwell@ci.southiake.tx.us
(p) (817) 748-8958
Customer#: CITY0622
Account Manager: Jen Eckhardt
Inside Sales Rep: Linda Beaver
Title: COSL - EOC 26 Ethernet Drops
QUOTE: 2003223314779-02
DATE: 11 /17/2023
PAGE: 1 of 3
FROM: Presidio Networked Solutions Group, LLC
Jen Eckhardt
10415 Morado Circle
The Campus Building 1
Suite 320
Austin, TX 78759
jeckhardt@presidio.com
(p) +1.210.245.3804
Contract Vehicle: *Open Market
PRESIDIO.
QUOTE: 2003223314779-02
DATE: 11 /17/2023
PAGE: 2 of 3
Quote valid for 30 days. Payment of invoices are due within 30 days from date of invoice unless other terms are issued. Late payments are subject to interest charges of the lesser of 1%%
per month or the maximum amount allowed by law. All prices subject to change without notice. Supply subject to availability. This Quote is subject to Presidio's Standard Terms and
Conditions below. Any changes to the following Terms and Conditions must be accepted in writing by Presidio, otherwise, CLIENT agrees to be bound by the following Terms and
Conditions and pricing contained herein:
Pricing
Quoted prices exclude applicable taxes. Invoicing will include applicable taxes unless a valid tax exempt certificate is provided.
The price included herein reflects a 3 % discount for payment by cash, check or wire transfer. This discount will not apply in the event that CLIENT pays using a credit card or debit card.
Prices exclude freight, handling or insurance (unless itemized in the quote).
Pricing for Professional Services are best -effort estimates only. Actual pricing will be finalized as part of a mutually -agreeable Statement of Work.
Invoicing
• CLIENT is invoiced for hardware ("goods") upon shipment from the manufacturer and shall accept and pay for partial shipments. Software is invoiced upon shipment of media or when
download capability is provided. OEM services are billed per the OEM SOW. Presidio services are billed per the Presidio SOW.
• Usage -Based Services Terms and Conditions. For Usage -Based Services purchased by CLIENT, Presidio shall invoice CLIENT once a month. Notwithstanding the amounts included on
the applicable purchase order, the invoice for Usage -Based Services will vary from month to month based upon CLIENT's usage and CLIENT shall be obligated to pay all charges for the
Usage -Based Services used by CLIENT in the previous month. If CLIENT is delinquent in its payment obligations for the Usage -Based Services, then, upon reasonable, prior notice,
Presidio reserves the right to suspend or discontinue such services at its sole discretion. CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO will not
constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension or discontinuation
of the Usage -Based Services due to CLIENT's delinquent or non-payment.
• Enterprise Software, Licensing and Subscription Services ("Enterprise Agreement"). For Third -Party -provided, enterprise -based software licensing and services, Presidia shall invoice
CLIENT according to the terms of the Enterprise Agreement between CLIENT and the Third Party. If CLIENT is delinquent in its payment obligations hereunder, then, upon reasonable,
prior notice, Presidio reserves the right to suspend or discontinue such services at its sole discretion. CLIENT acknowledges and agrees that such discontinuation or suspension by
PRESIDIO will not constitute a breach of PRESIDIO'S obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension
or discontinuation of the services due to CLIENT's delinquent or non-payment.
Freight, Handling, Shipping
CLIENT will be billed for Presidio's and/or the manufacturer's freight charges for shipment of goods.
Title/Risk of loss passes to CLIENT Freight on Board (FOB) origin unless otherwise agreed to in writing by Presidia. Orders shipped from a manufacturer to Presidio at CLIENT request for
warehousing, configuration, storage or otherwise, shall be deemed to have been shipped to CLIENT.
Presidio accepts no responsibility / liability in connection with the shipment.
Goods held in a Presidio warehouse either a) at the CLIENT's request or b) in the event CLIENT refuses to accept delivery, may be subject to warehousing fees. Client may be asked to
execute a Presidio "Warehousing Agreement". CLIENT must provide primary insurance coverage for CLIENT equipment held in a Presidio warehouse.
• International delivery services include (i) Consolidated billing in USD for all international deliveries (ii) Consolidated contracting with one entity, namely Presidio (iii) Single point of contact
iv) Freight forwarding including exportation permits, application of tariff headings, customs clearance (including import permits, licenses, certificates) (v) Asset Management, Tracking &
Reporting.
Warranty and Limitation of Liability
• Product is warranted by the Manufacturer, not by Presidio. Please consult Manufacturer for warranty terms. IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRESIDIO'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO
THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR PRODUCTS HEREUNDER.
Return Policy
CLIENTS return rights are subject to the return policies (& fees including restocking) of the applicable manufacturer
A Presidio-issued Return Material Authorization (RMA) is required & needs to accompany returned items before any credit is issued to a CLIENT. Presidio reserves the right to deny RMA
requests in the event the Manufacturer will not provide for an authorized return. If integration of product is performed at a Presidio facility, transfer of ownership occurs as of inception of
integration regardless of shipment terms as manufacturers will not accept return of open product.
CLIENTS have 15 calendar days from original ship date to request a RMA (unless shorter period is required by manufacturer)
Items returned must be in original shipping cartons, unopened, unused, undamaged and unaltered failing which Presidio is entitled to reject acceptance of items or charge further fees
The CLIENT is responsible for shipping fees to the destination highlighted in the RMA
Opened software cannot be returned
Cancellation Policy
• CLIENT's cancellation of purchase order rights are subject to the cancellation policies (& fees) of the applicable manufacturer
Leases
• In the event Presidio does not receive payment for leased goods purchased on the CLIENT's behalf from the applicable third -party financing entity, CLIENT is obligated to pay Presidio for
all such goods as indicated in the applicable Presidio invoice.
Software terms
Software is subject to the license terms that accompany it.
License terms are established between the CLIENT & owner of the software
Unless Presidia is the owner or licensor, Presidio makes no representations and/or warranties relating to its operation, ownership or use.
Delivery of software licenses are agreed to be accepted in electronic form from the third party software company. Otherwise, you agree to self -accrue any applicable sales tax at the rate
in effect for the jurisdiction.
Term and Termination of Orders: Usage -Based Services, Enterprise Agreements and Multi -Year Orders
• The terms of use for Usage -Based Services (i.e. Cisco -provided WebEx or Software as a Service (Saas)) are established by the applicable third -party provider of such services either at
the applicable third -party provider website or via the separate agreement between CLIENT and third -party provider.
• The "Initial Term" of an order for Usage -Based Services and/or and Enterprise Agreement ("Order") starts on the date the Usage -Based Services and/or Enterprise Agreement are
available for use by CLIENT and lasts for the time period stated in the Order. After the Initial Term, unless prohibited by applicable law, there will be an automatic "Renewal Term" of the
same length of time unless CLIENT notifies Presidio in writing that CLIENT does not want to renew at least sixty (60) days before the end of the then current Initial Term or Renewal Term.
If the fees will change for the Renewal Term, Presidio will notify CLIENT reasonably in advance of the Renewal and in time for CLIENT to accept or reject renewing the Usage -Based
Services and/or Enterprise Agreement. If CLIENT agrees with the fee changes, CLIENT may do nothing and the new fees will apply for the upcoming Renewal Term.
• Either party may terminate an Order by providing the other party written notice of termination at least sixty (60) days before the end of such Initial or Renewal Term. The termination will be
effective on the last day of the Initial or Renewal Term and CLIENT will pay for the Usage -Based Services and/or Enterprise Agreement until the end of the current Initial or Renewal Term
regardless of when CLIENT provided notice. Notwithstanding the foregoing, Usage -Based Services and Enterprise Agreements ordered are strictly non -cancelable during the Initial Term or
Renewal Term except as otherwise provided in the applicable Service Terms and/or otherwise agreed upon in writing by Presidio. CLIENT will not be entitled to any refund for terminated
Usage -Based Services or Enterprise Agreements during the Initial Term or Renewal Term except as agreed upon in writing by Provider and/or Presidio
Multi -Year Agreements
• For multi -year agreements, CLIENT expressly agrees to enter into a binding, non -cancelable agreement per the billing schedule set forth in the quote. THE CLIENT ACKNOWLEDGES
AND AGREES THAT THE CLIENT'S AGREEMENT AND PAYMENTS FOR A MULTI -YEAR TRANSACTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
THE PARTIES FOR MULTI -YEAR AGREEMENTS, SUCH THAT PRESIDIO WOULD NOT HAVE ENTERED INTO A MULTI -YEAR TRANSACTION WITHOUT SUCH AGREEMENT.
SmartNet (Third party Maintenance)
PRESID10.
QUOTE: 2003223314779-02
DATE: 11 /17/2023
PAGE: 3 of 3
CLIENTS rights are subject to the terms provided by the applicable manufacturer. (per website address)
Delivery of software maintenance, including upgrades and updates are agreed to be accepted electronically. Otherwise, you agree to self -accrue applicable sales tax.
Confidential Information.
• CLIENT agrees that this quote is Presidio Confidential Information. CLIENT shall not disclose this quote to any third party for any purpose. CLIENT agrees to protect this Quote to the
same extent that it protects its own Confidential Information, but with no less than a reasonable degree of care.
Export Law Compliance.
• CLIENT has been advised that any hardware or software provided to CLIENT via this Quote and/or subsequent purchase order may be subject to the U.S. Export Administration
Regulations. CLIENT agrees to comply with all applicable United States export control laws, and regulations, as from time to time amended, including without limitation, the laws and
regulations administered by the United States Department of Commerce and the United States Department of State.
Miscellaneous Terms
• Preprinted terms appearing on CLIENT Purchase Orders must be accepted in writing by Presidio to be applicable. Presidio's performance of such purchase order shall not constitute
Presidio's acceptance of new or different terms, including pre-printed terms on such order. In absence of a purchase order, CLIENT agrees that its signature below grants Presidio the right
to invoice CLIENT and authorizes payment to Presidio for the amounts owed.
No signed quote. PO required.
Presidio Service Request
PRESI D10®
Client Name
CITY OF SOUTHLAKE
Account Manager
Jen Eckhardt
Contact Name
Michael Blackwell
Solution Architect
Johnnerius Miller
10032233113641 RQ-177263
Contact Phone (817) 748-8958 Opportunity #
Contact Address
1400 MAIN ST., STE 440 Southlake TX 76092 US
Date
25-Oct-2023
Contact Email
mblackwell@ci.southIake.tx.us
Service Title
EOC 26 Ethernet Installations
Technology Area - ❑ Other:
Type of Request Fixed Fee
Presidio Networked Solutions Group LLC ("Presidio") is pleased is pleased to partner with Eldridge Electric Company to provide
the following services to CITY OF SOUTHLAKE ("Client"). This Service Request defines the scope of work to be accomplished
by Presidio. The tasks to be performed by Presidio are defined and the responsibilities of Presidio and Client are contained
herein as well.
Scope of Work
Presidio is engaging with Eldridge Electric Company to perform 26 ethernet installations.
1. Proposal excludes temporary cabling and demo.
2. Eldridge Communications will install twenty-six (26) CAT 6 cables per E1.01T.
3. Eldridge Communications will test and label per Southlake standards.
4. Eldridge Communications will install j-hooks and sleeves per BICSI standards.
5. Working hours 7am - 3:30pm (No overtime or weekend work included)
6. Proposal excludes conduit, raceway and return trips.
This service request supersedes all prior written or oral agreements, representations and understandings related to the
subject matter hereof. Any purchase order submitted pursuant to this SOW shall be subject to the terms herein and
shall not be subject to any new or different terms, including pre-printed terms on such order. All changes to this
agreement must be executed in writing and accepted by both parties, as indicated by authorized signature, prior to the
execution of work.
Modifications in project scope will necessitate a project change request (PCR).
This Service Request supersedes any previous scope discussion or agreement including PowerPoint proposals,
emails, or verbal communications.
Client has read and agrees with all items contained or omitted within this Service Request.
Any items or tasks not explicitly listed as in -scope within this Service Request are considered to be outside of the
scope and not associated with this Service Request and price.
Client's acceptance of all deliverables described in this agreement and of the completion of the project shall be in
writing. Deliverable acceptance shall be in the form of an email or signature (as applicable) and final project
acceptance shall be in the "Project Completion" form, provided by the project manager. If acceptance is refused, the
Client shall provide, in writing to Presidio, a reason for refusal. Presidio shall address the issue before subsequent
work is undertaken.
Work shall be warrantied for 30 days after completion. Product is warrantied per manufacturer warranty policies.
Presidio will hold no responsibility for any changes made "after" releasing the system to the Client. Presidio expressly
disclaims any liability for non-performance or the delivery of poor quality of services resulting from errors or omissions
in information provided to Presidio by Client, whether or not Presidio knew or should have known of any such errors or
omissions, or whether Presidio was responsible for or participated in gathering of such information.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN
CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH
PARTY'S ENTIRE LIABILITY AND EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF
THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO
PRESIDIO BY CLIENT HEREUNDER.
EOC 26 Ethernet Drops Confidential and Proprietary Page 1 of 3
Presidio Service Request
PRESI D10®
During the term of this Agreement and for one (1) year following the completion of this project, neither party shall (a)
solicit, offer to hire, or hire an employee, agent, or contractor of the other party, or (b) assist any third party who wishes
to solicit, offer to hire, or hire an employee, agents, or contractor of the Other Party without a prior written consent of
the Other Party.
Client Responsibilities
1. The Client, with assistance from Presidio, shall verify operation of any installed/upgraded equipment per the predefined
Verification Plan. Presidio will require the Client to witness the verification of the solution, as well as sign off on the
completed verification plan.
2. Client will designate a single point of contact with authority to act on all aspects of the services provided and to
coordinate the activities of internal personnel, Telco, and other circuit providers, and all non-Presidio third -party
contractors as applicable.
3. Client resources and site access must be readily and/or continuously available over the engagement period.
4. The Client is responsible for having in place, active manufacturer support contracts on all devices that are the subject
of this SOW.
EOC 26 Ethernet Drops Confidential and Proprietary Page 2 of 3
Presidio Service Request
PRESIDIO'
Work will be done at the following locations. All work will be performed remotely unless otherwise specified:
AddressSite Name On -Site
Primary 1400 MAIN ST., STE 440 Southlake TX 76092 Onsite/Remote
Presidio is providing a Fixed Fee Price as part of this Statement of Work. Presidio will invoice Client based on the project
milestone(s) listed below:
Presidio will bill Client upon completion of each Milestone. Invoices may contain multiple Milestones.
There are no anticipated travel or incidental expenses to be incurred by Presidio in association with the execution of this
Statement of Work and therefore no expenses will be billed to Client.
Travel to and from the work site(s) by Presidio resources in association with the execution of this Statement of Work will not be
charged to Client.
The scope and pricing are valid for 60 days unless otherwise noted.
Authorized
Client Signature Title
Date
Authorized
Presidio Signature Title
M"
Date
EOC 26 Ethernet Drops Confidential and Proprietary Page 3 of 3