Agenda packet — Santa Ana City Council, April 15, 2025 (part 2 of 8)

City Council 13 – 56 4/15/2025
Participating Addendum 7-23-70-55-03

Page 5 of 10 ends

10.ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.

B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State’s Cal eProcure website.

C. All purchase orders executed under this Participating Addendum shall include the Participating Addendum Number 7-23-70-55-03.

11.STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.

B. Contractor will be required to complete and return a Postconsumer RecycledContent Certification form (https://calrecycle.ca.gov/buyrecycled/stateagency/vendored/form74guide/) upon request by the state agency.

12.DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.

B. Free On Board (F.O.B.) Destination, freight prepaid by the Contractor, to the ordering agency’s receiving point.

13.INVOICING AND PAYMENT
A. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the ordering agency’s purchase order. The Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.

Participating Addendum 7-23-70-55-03

10. ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.

C. All purchase orders executed under this Participating Addendum shall include the Participating Addendum Number 7-23-70-55-03.

11.STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery's State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.

12. DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.

B. Free On Board (F.O.B.) Destination, freight prepaid by the Contractor, to the ordering agency's receiving point.

13.INVOICING AND PAYMENT
A. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the ordering agency's purchase order. The Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.

Page 5 of 10 ends

City Council 13 – 57 4/15/2025
Participating Addendum 7-23-70-55-03

Page 6 of 10 ends

14.USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.

B. The State Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Participating Addendum.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).

D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five (5) business days of the date of written notification from the State.

E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this Participating Addendum.

H. Time extensions may be approved only if all due reports have been submitted to the State.

15.ADMINISTRATIVE FEE
A. Contractor is required to remit to DGS an administrative fee amount equal to

1.25% of the sales for the quarterly reporting period less freight, taxes, returned products and credits. (For example, if the net sales for the reporting quarter totals $100,000.00, the incentive fee due to DGS would be $1,250.00.) B. The administrative fee shall not be included as an adjustment to Contractor’s NASPO ValuePoint Master Agreement pricing.

C. The administrative fee shall not be invoiced or charged to the ordering agency.

Participating Addendum 7-23-70-55-03

14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.

B. The State Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Participating Addendum.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).

E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

H. Time extensions may be approved only if all due reports have been submitted to the State.

15.ADMINISTRATIVE FEE
A. Contractor is required to remit to DGS an administrative fee amount equal to

C. The administrative fee shall not be invoiced or charged to the ordering agency.

Page 6 of 10 ends

City Council 13 – 58 4/15/2025
Participating Addendum 7-23-70-55-03

Page 7 of 10 ends

D. Payment of the administrative fee is due irrespective of payment status from ordering agencies.

E. Payment may be made in the form of an electronic payment using the LPA Payment Portal website (https://www.dgs.ca.gov/PD/Services/PageContent/Procurement-Division-Services-List-Folder/Access-LPA-Payment-Portal) or by submitting a check payable to the State of California, Department of General Services.

F. Administrative fee payments made by check must include the Participating Addendum Number on the check and be submitted to the following address:

Department of General Services
Procurement Division
Attn: MAPS Payment Processing
707 Third Street, 2nd Floor
West Sacramento, CA 95605
G. Administrative fee payments are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this Participating Addendum.

16.CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor Contract Manager
Name: Nancy Schwarz
Phone: (480) 636-0267
Fax: n/a
Email [email protected]
Address: Hewlett Packard Enterprise Company
Attn: Nancy Schwarz
1701 East Mossy Oaks Road
Spring, TX 77389
Participating Addendum 7-23-70-55-03
D. Payment of the administrative fee is due irrespective of payment status from ordering agencies.

F. Administrative fee payments made by check must include the Participating Addendum Number on the check and be submitted to the following address:

16. CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Page 7 of 10 ends

City Council 13 – 59 4/15/2025
Participating Addendum 7-23-70-55-03

Page 8 of 10 ends

B. The State Contract Administrator for this Participating Addendum shall be as follows:

State Contract Administrator
Name: Katelynne Leisenring
Phone: (279) 946-8129
Email [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten (10) business days after the change.

17.TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible, and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

18.AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

19.NEWS RELEASES
Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this Participating Addendum shall not be made without prior written approval from the State.

Participating Addendum 7-23-70-55-03
B. The State Contract Administrator for this Participating Addendum shall be as follows:

17. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible, and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

Page 8 of 10 ends

City Council 13 – 60 4/15/2025
Participating Addendum 7-23-70-55-03

Page 9 of 10 ends

20.EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

21.AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

B. By signing this Participating Addendum, Contractor agrees to offer the same products/services available on the Minnesota NASPO ValuePoint Master Agreement Number 23008, at prices equal to or lower than the prices on that agreement.

Participating Addendum 7-23-70-55-03

20. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

21. AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

Page 9 of 10 ends

City Council 13 – 61 4/15/2025
Participating Addendum 7-23-70-55-03

Page 10 of 10 ends

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Hewlett Packard Enterprise Company
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
1701 East Mossy Oaks Road
Spring, TX 77389
Address Address
Participating Addendum 7-23-70-55-03
IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services
Agency Name
Julie
Matthews
Digitally signed by Julie
Matthews
Date: 2024.01.11 07:28:38
-08'00'
Authorized Signature
1/11/2024
Date Signed
Julie Matthews, MAU2 Supervisor
Printed Name/Title of Person Signing
707 Third Street
West Sacramento, CA 95605
Address

CONTRACTOR
Hewlett Packard Enterprise Company
Contractor Name
12/19/2023
Authorized Signature Date Signed
Debra Laird, Manager, Contract Negotiations
Printed Name/Title of Person Signing
1701 East Mossy Oaks Road
Spring, TX 77389
Address

Page 10 of 10 ends

City Council 13 – 62 4/15/2025
Information Technology Department
www.santa-ana.org/IT
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Network Access Control System

AGENDA TITLE
Purchase Order to Advanced Personal Computing, Inc. DBA Liquid Networx for Network Access Control (NAC) System (Specification No. 25-051) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of a Purchase Order to Advanced Personal Computing, Inc., DBA Liquid Networx, for Network Access Control (NAC) System in an amount not to exceed $110,674.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana relies on an extensive network infrastructure to support municipal operations, public services, and citywide connectivity. As the number of connected devices continues to increase, the risk of unauthorized access, cybersecurity threats, and data breaches grows. Without a centralized security solution, the City’s network is vulnerable to rogue devices, unmonitored access points, and potential cyberattacks that could compromise sensitive data and disrupt essential services.

A Network Access Control (NAC) system, in alignment with a Zero Trust security model – a framework that mandates stringent identity verification for every user and device attempting to access resources, regardless of whether they are inside or outside the organization's network – will enhance the City's cybersecurity posture by providing realtime visibility into all devices connected to the network. This system will ensure that only authorized users and devices can access City systems, automatically enforce security policies, and identify potential threats before they impact operations. The NAC system will secure both wired and wireless networks, reducing the risk of cyber threats such as malware infections, phishing attacks, and unauthorized data access.

Implementing a NAC system with Zero Trust principles will also streamline IT operations by automating network monitoring and security enforcement. This will reduce manual oversight requirements, improve response times to security incidents, and enhance the efficiency of City staff managing network infrastructure. Additionally, as the City continues to expand its digital services and adopt emerging technologies, a NAC City Council 14 – 1 4/15/2025
Network Access Control System
April 15, 2025

Page 2 ends

system will provide the scalability needed to integrate new devices and maintain a secure and reliable network environment.

Investing in this security system is critical to safeguarding the City’s digital infrastructure, ensuring secure public services, and complying with industry best practices for network security. The adoption of the Zero Trust model ensures that security is continuously validated and that threats are mitigated regardless of their origin. Without a proactive network access control approach, the City faces growing cybersecurity risks that could lead to costly breaches, service disruptions, and a loss of public trust. Implementing a NAC system that incorporates Zero Trust principles will offer long-term protection against these evolving threats, supporting the City’s ongoing commitment to secure and efficient digital operations.

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Omnia Partners, a cooperative government purchasing agency, awarded a contract to Fortinet (Contract No. 01-154) (Exhibit 1) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

Staff researched available procurement options and determined that Advanced Personal Computing, Inc., DBA Liquid Networx, meets the City’s specifications and can provide a Network Access Control system to be utilized by IT. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing Guidelines.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the current FY 2024-25 budget.

Fiscal
Year
Accounting
Unit –
Account
Fund
Description
Accounting Unit,
Account Description Amount
FY 24-25 10920149-66510
Information
Technology Computer Software $110,674

EXHIBIT(S)

1. Omnia Partners Contract No. 01-154

2. Omnia Partners Fortinet Contract No. 01-154 Authorized Reseller Partners List Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager
City Council 14 – 2 4/15/2025

PROPOSAL
SUBMITTED TO:

Region 14 Education Service Center
and
The National Cooperative Purchasing Alliance
IN RESPONSE TO:

RFP# 40-22
IT Security Products and Data Protection Solutions
SUBMITTED BY:

FORTINET, INC.
899 Kifer Road
Sunnyvale, California 94086-5205
www.fortinet.com
City Council 14 – 3 4/15/2025
Response to RFP# 40-22

FOREWORD
Fortinet, Inc. is pleased to respond to this Request for Proposal (RFP) for IT Security Products and Data Protection Solutions issued by the Texas Region 14 Education Service Center (ESC) on behalf of the National Cooperative Purchasing Alliance (NCPA).

Fortinet is one of the world’s top cybersecurity brands, delivering broad, integrated, and automated protection to enable organizations to securely accelerate their digital journey. We rank number one in the most security appliances shipped worldwide and more than 500,000 customers trust Fortinet to protect their businesses. For over 20 years, Fortinet’s mission has been to secure people, devices, and data. Fortinet has been the driving force in the evolution of cybersecurity and the convergence of networking and security.

Fortinet’s network security solutions are the most deployed, most patented, and among the most validated in the industry. Fortinet secures the largest enterprises, service providers, and government organizations around the world. Fortinet empowers its customers with intelligent, seamless protection across the expanding attack surface and the power to take on ever-increasing performance requirements of the borderless network—today and into the future.

We appreciate the opportunity to submit this response and in the event we are awarded a contract, we look forward to working with the Region 14 ESC and NCPA.

In keeping with the RFP instructions, our proposal consists of the following information:

Tabs
Tab 1 – Master Agreement / Signature Form
Tab 2 – NCPA Administration Agreement
Tab 3 – Vendor Questionnaire
Tab 4 – Vendor Profile
Tab 5 – Products and Services / Scope
Tab 6 – References
Tab 7 – Pricing
Tab 8 – Value Added Products and Services
Tab 9 – Required Documents
Should you have any questions about our proposal, please do not hesitate to contact me.

Best regards,
Jerilyn Bailey
Public Sector Contracts Manager
Phone: (850) 728-6504 | Email: [email protected]
City Council 14 – 4 4/15/2025
TAB 1

MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor.

Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

City Council 14 – 5 4/15/2025
Payments
The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.

Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Purchase orders and payment can only be made to awarded vendor or distributors/ business partners/resellers previously approved by NCPA.

Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment Products: Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Safety
Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.

City Council 14 – 6 4/15/2025
Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.

Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative • Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
City Council 14 – 7 4/15/2025
Any protest review and action shall be considered final with no further formalities being considered.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemic; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

Termination
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

Open Records Policy
Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient City Council 14 – 8 4/15/2025
information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG.

Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor.

Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

City Council 14 – 9 4/15/2025

PROCESS
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.

Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.

It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract.

Contract Waiver
Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract.

Price Increases
Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved.

Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.

Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration.

City Council 14 – 10 4/15/2025
Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.

Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.

Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.

NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.

Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter-signature document establishing acceptance of the contract.

NCPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.

Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.

City Council 14 – 11 4/15/2025
Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.

Past Performance
Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

City Council 14 – 12 4/15/2025

EVALUATION CRITERIA
Pricing (40 points)
Electronic Price Lists
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

Ability to Provide and Perform the Required Services for the Contract (25 points) • Product Delivery within participating entities specified parameters • Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
• Vendor’s ability to perform towards above requirements and desired specifications. • Past Cooperative Program Performance
• Quantity of line items available that are commonly purchased by the entity. • Quality of line items available compared to normal participating entity standards.

References and Experience (20 points)
• A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
• Respondent Reputation in marketplace
• Past Experience working with public sector.
• Exhibited understanding of cooperative purchasing
Value Added Products/Services Description, (8 points)
• Additional Products/Services related to the scope of RFP • Marketing and Training
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation • Customer Service
Technology for Supporting the Program (7 points)
• Electronic on-line catalog, order entry use by and suitability for the entity’s needs • Quality of vendor’s on-line resources for NCPA members. • Specifications and features offered by respondent’s products and/or services City Council 14 – 13 4/15/2025

SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days
____________________________________________________________________________ Company Name
____________________________________________________________________________ Address
____________________________________________________________________________ City State Zip
___________________________________ ___________________________________ Telephone Number Fax Number
____________________________________________________________________________ Email Address
___________________________________ ___________________________________ Printed Name Position
____________________________________________________________________________ Authorized Signature
Fortinet, Inc.
899 Kifer Road
Sunnyvale California 94086
(850) 728-6504 N/A
[email protected]
Jerilyn Bailey Public Sector Contracts Manager
TAB 1
City Council 14 – 14 4/15/2025
TAB 2

NCPA ADMINISTRATION AGREEMENT
This Administration Agreement is made as of _________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of IT Security Products and Data Protection Solutions;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:

General Terms and Conditions
• The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Administration Agreement except as expressly changed or modified by this Administration Agreement.
• NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Administration Agreement including, but not limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Fortinet, Inc.

December 1, 2022
December 1, 2022 01-154
City Council 14 – 15 4/15/2025
• Contractor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. • NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Contractor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
• With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, remarketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Participating Agency or any employee of Region 14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Participating Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Participating Agency, or any employee of Region 14 ESC or Participating Agency under this Administration Agreement or the Master Agreement. • With respect to any supplemental agreement entered into between a Participating Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. • This Administration Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Administrative Agreement which is not contained herein shall be valid or binding. • Contractor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this Administration Agreement or the Master Agreement by Contractor must have prior approval from NCPA.
• If any action at law or in equity is brought to enforce or interpret the provisions of this Administration Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
• Neither this Administration Agreement nor any rights or obligations hereunder shall be assignable by Contractor without prior written consent of NCPA, provided, however, that the Contractor may, without such written consent, assign this Administration Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Administration Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Administration Agreement.
• This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder.

Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the City Council 14 – 16 4/15/2025
termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount
Total ____________
Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

City Council 14 – 17 4/15/2025

&0

#
2

#!#
!! A!

#"
***********************************
Fc;5B=k5e=CB
***********************************
(5A9
***********************************
.=e@9
***********************************
88c9dd
***********************************
88c9dd
***********************************
-=;B5efc9
***********************************

5e9
***********************************
09B8Cc(5A9
***********************************
(5A9
***********************************
.=e@9
***********************************
88c9dd
***********************************
88c9dd
***********************************
-=;B5efc9
***********************************

5e9
(5e=CB5@
CCa9c5e=g9*fc7<5d=B;@@=5B79 )RrWLQeW, ,Qc

.LIer 5RDG
6XQQ\YDOe, CA
40
-RKQ :KLWWOe
(9P RI CRrSRrDWe DeYeORSmeQW, CKLeI /eJDO 2IILcer

Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 1, 2022
City Council 14 – 18 4/15/2025
TAB 3

VENDOR QUESTIONAIRE
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services.

Locations Covered
• Bidder must indicate any and all locations where products and services can be offered. • Please indicate the price co-efficient for each location if it varies.

All 50 States & District of Columbia
(Selecting this box is equal to checking all boxes below) Alabama Illinois Montana Rhode Island
Alaska Indiana Nebraska South Carolina
Arizona Iowa Nevada South Dakota
Arkansas Kansas New Hampshire Tennessee
California Massachusetts New Jersey Texas
Colorado Michigan New Mexico Utah
Connecticut Minnesota New York Vermont
Delaware Mississippi North Carolina Virginia
D.C. Missouri North Dakota Washington
Florida Kentucky Ohio West Virginia
Georgia Louisiana Oklahoma Wisconsin
Hawaii Maine Oregon Wyoming
Idaho Maryland Pennsylvania
All U.S. Territories and Outlying Areas
(Selecting this box is equal to checking all boxes below) American Somoa Northern Marina Island
Federated States of Micrones Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
X
X
City Council 14 – 19 4/15/2025
All Canada Provinces and Territories
(Selecting this box is equal to checking all boxes below) Alberta Prince Edward Island
British Columbia Quebec
Manitoba Saskatchewan
New Brunswick Northwest Territories
Newfoundland and Labrador Nunavut
Nova Scotia Yukon
Ontario
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to public agencies in Canada? If no or maybe, please explain.

Yes Maybe No
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to private sector customers?
Yes Maybe No
Minority and Women Business Enterprise (MWBE) and (HUB) Participation It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.

Minority/Women Business Enterprise Historically Underutilized Business Respondent Certifies that this firm Respondent Certifies that this firm is a a Minority / Women Business Enterprise Historically Underutilized Business Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in place that partners or supports the growth of small and MWEB and HUB business? If yes, please describe.

N/A, we are a recognized small, MWEB or HUB organization No, we do not have any programs in place.

Yes, we have programs in place.

X
X
X
x
City Council 14 – 20 4/15/2025
Residency
Responding Company’s principal place of business is in the city of ______________________, State of _________________.

Felony Conviction Notice
Please Check Applicable Box (If the 3rd box is checked, a detailed explanation of the names and convictions must be attached):

A publicly held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony Distribution Channel
Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ Processing Contact Information
Contact Person __________________________________________________________ Title __________________________________________________________ Company __________________________________________________________ Address __________________________________________________________ City/State/Zip __________________________________________________________ Phone __________________________________________________________ Email __________________________________________________________ Pricing Information
In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Sunnyvale
California
X
X
Jerilyn Bailey
Public Sector Contracts Manager
Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
(850) 728-6504
[email protected]
X
City Council 14 – 21 4/15/2025
Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

X Yes No
City Council 14 – 22 4/15/2025
Response to RFP# 40-22
TAB 4 VENDOR PROFILE
Please provide the following information about your company:
• Company’s official registered name.

Our company’s official registered name is Fortinet, Inc. • Brief history of your company, including the year it was established.

Fortinet, headquartered in Sunnyvale, California, is a profitable and rapidly growing US company whose core competencies are cyber threat research; cybersecurity product research and development; and the design, implementation and support of integrated cybersecurity solutions based on our extensive portfolio of proprietary products.

Fortinet was founded in 2000 by Ken Xie and is led by a strong management team with deep experience in networking and security. Fortinet is the only security leader to develop and build custom security processing unit (SPU) technology that offers the best performance and value in the industry with Security Compute Ratings that are much higher than other vendors that offer software-oriented or CPU-driven approaches. Each day the Fortinet FortiGuard Labs use one of the most effective and proven artificial intelligence (AI) and machine learning systems in the industry to process and analyze more than 100 billion events daily, and send actionable real-time threat intelligence to customers.

The Fortinet Security Fabric (Attachment 1) is at the heart of the Fortinet security strategy that delivers security without compromise to address the most critical security challenges, whether in networked, application, cloud, or mobile environments. It is a platform organically built around a common operating system and management framework to enable broad visibility, seamless integration and interoperability between critical security elements, and granular control and automation.

Fortinet has its products tested by the industry’s most prominent and impartial third party performance and effectiveness testing organizations and our products have achieved consistent positive test results! Fortinet is commitment to cybersecurity innovation and excellence and Fortinet has been recognized as a LEADER three years in a row on four Gartner® Magic Quadrant™ reports.

The Fortinet market position and solution effectiveness have been widely validated by industry analysts, independent testing labs, business organizations, and media outlets worldwide. Fortinet is proud to count the majority of Fortune 500 companies among its satisfied customers. See Fortinet’s Corporate Brochure (Attachment 2) for additional information.

City Council 14 – 23 4/15/2025
Response to RFP# 40-22
• Company’s Dun & Bradstreet (D&B) number.

Our D&B Number is 040806445.
• Company’s organizational chart of those individuals that would be involved in the contract.
• Corporate office location.
o List the number of sales and services offices for states being bid in solicitation.

If awarded a contract in response to this RFP, Fortinet’s entire line of products and services will be available to NCPA customers in all 50 states, the District of Columbia, and in US territories.

Fortinet sells its products and services through its established distribution channel that includes US-based distributors and resellers across the country. Fortinet provides pre-sales guidance and account management to our customers, distributors, and resellers through strategically placed district sales teams.

SALES OFFICES COVERAGE
North Central District ND, SD, NE, MN, IA, WI, IL
Ohio Valley District MI, IN, OH, KY
New England District Upstate NY, VT, NH, ME, MA, CT, RI Northeast District PA, NJ, NYC, DE
Mid-Atlantic District WV, VA, TN, NC, SC
Florida/ Georgia District FL, GA
South Central District KS, MO, OK, AR, LA, MS, AL
Texas District TX
California District CA
West District WA, OR, MT, ID, WY, NV, UT, CO, AZ, NM
Great Lakes District WI, IL
Fortinet supports its products and services through the following Regional Technical Assistance Centers and Supply Depots:

OFFICES LOCATIONS
Regional Technical Assistance
Centers*
Plano, Texas
Ottawa, Ontario ON Canada
Burnaby, BC Canada
Supply Depots Fortinet maintains 35 hardware storage facilities worldwide and 200 regional equipment depots.

City Council 14 – 24 4/15/2025
Response to RFP# 40-22
* Fortinet uses a follow-the-sun model for technical assistance. Support will therefore be provided to NCPA customers from these North American centers during regular business hours and will roll over to TACs in other regions after hours (except in the case of contracts/purchase orders that require support from US TACs only). o List the names of key contacts at each with title, address, phone and e-mail address.

Responsibility Name and Contact Information
RFP Response
Jerilyn Bailey
Public Sector Contracts Manager
[email protected]
Contract Management and Reporting
Amy Lee
Public Sector Contracts Manager
[email protected]
Contract Administration Fortinet SLED Contracts Team
[email protected]
• Define your standard terms of payment.

If awarded a contract in response to this RFP, customers will make payments directly to the Fortinet-approved distributor or reseller with whom the order was placed. Payment terms are net thirty (30) days from the date of the invoice. Late fees may be charged on all amounts not paid when due at the rate of one and one half percent (1.5%) per month or the highest rate permitted by law, whichever is lower.
• Who is your competition in the marketplace?
The table below provides information on our competitors per segment within the market:

Market Segment Competitors
Enterprise Firewalls
Definition: Purpose -built appliances for securing enterprise networks. Able to support singleenterprise firewall deployments and large and/or complex deployments. The ability to provide virtual versions for the data center is now an expectation as is the ability to deploy in cloud environments.
• Palo Alto
• Check Point
Unified Threat Management Devices
Definition: Multifunctional network security products designed for small to medium-size organizations (100 to 1,000 employees). Typical capabilities provided include enterprise firewall, intrusion prevention, remote access, secure web/email gateway, routing and wan connectivity.
• Check Point
• Sophos
Next-Generation Firewall
Definition. Deep-packet inspection firewalls that move beyond port/protocol inspection and blocking to add application-level inspection, intrusion prevention, and to bring in intelligence from outside the firewall.
• Barracuda
• Checkpoint
• Cisco
• Forcepoint
• Palo Alto
• Sophos
• SonicWall
• WatchGuard
Data Center Security Gateway (DCSG)
Definition. DCSGs protects data center servers and the applications that run on them (i.e., web servers, mail servers, DNS servers, application servers, etc.) from potential threats. They converge data center firewall and data center intrusion prevention system technologies and perform access control and deep packet inspection to protect server applications from remote attacks.
• Juniper
• Palo Alto
• Cisco
City Council 14 – 25 4/15/2025
Response to RFP# 40-22
Data Center Intrusion Protection Systems (DCIPS)
Definition. Data center network security devices are deployed to protect servers and applications hosted in the data center. Data center intrusion prevention systems (DCIPS) are deployed at critical points in the network. Their role is to identify and block sophisticated threats against web servers, application servers, and database servers without false positives or degradation of network performance.
• Juniper
• McAfee
• Trend Micro
Breach Detection (or Advanced Threat Protection)
Definition. These products provide enhanced detection of advanced malware, zero-day attacks, and targeted attacks that could bypass defenses such as next generation firewalls, intrusion prevention systems, intrusion detection systems, antivirus/endpoint protection (including host IPS), and secure web gateways.
• Trend Micro
• Lastline
• Check Point
Web Application Firewalls
Definition: Physical or virtual appliance to protect public and internal web applications, whether deployed on premise or remotely hosted. Should protect against a variety of attacks including injection attacks and application-layer denial of service (DoS). • F5
• Imperva
• Akamai
Wired and Wireless LAN Access Infrastructure
Definition: This market segment consists of vendors supplying wired and wireless networking hardware and software that enables devices to connect to the enterprise wired LAN or Wi-Fi network.
• Riverbed
• Dell EMC
• Juniper
• New H3C
Advanced Endpoint Protection (AEP)
Definition: AEP products protect endpoints from a multitude of attack threat vectors targeting a very dynamic enterprise class endpoint attack surface. They should also be resistant to evasion techniques and provide low false positive results. • Sentinel One
• McAfee
• Symantec
• Cylance
• Trend Micro
• ESET
• Provide Annual Sales for last 3 years broken out into the following categories:
o Cities / Counties
o K-12
o Higher Education
o Other government agencies or nonprofit organizations
• Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.

City Council 14 – 26 4/15/2025
Response to RFP# 40-22
• What differentiates your company from competitors?
Fortinet offers the most cost effective networking and cyber security solutions in the market providing the best total cost per protected megabit of traffic as tested by independent sources such as NSS labs. Recognized as a leader by technology research firm Garter, Fortinet lowers total cost of ownership by integrating cyber security into all of our products and simplifying administration through near single-pane of glass management. With the added benefit of our integrated FortiGuard Services, Fortinet provides near real-time effectiveness to cyber threats by ensuring that all threats known and unknown can be identified and mitigated as close to the source and as quickly as possible. In summary, Fortinet products protect your entire digital attack surface more effectively, at lower total cost and can be managed more efficiently than any other product on the market today.
• Describe how your company will market this contract if awarded.

Fortinet provides marketing on its products and services throughout the sales lifecycle. Fortinet’s marketing strategy is geared towards nurturing our relationships with our customers to grow business, lock in brand loyalty, and foster customer advocacy for our solutions.

Fortinet has created marketing materials specifically geared toward public sector customers and intends to market the NCPA contract in a multitude of ways to reach our intended audience. Each of these avenues will promote awareness of the NCPA contract and highlight our products and services.

Fortinet understands the importance of marketing NCPA contracts to public sector customers and during the life of the contract Fortinet’s marketing plan will include the following:

Website advertisement and social media awareness campaigns.

General media exposure in various digital and print publications.

Sales team trainings to inform them of the contract and teach them how to promote the contract to our customers.

Customer outreach activities from our sales team, within their respective areas of operation or vertical focus, to get our current customers acquainted with the NCPA contract.

Conference calls and webinars to inform and educate potential new customers on the value proposition of the NCPA contract.

Participation in advisory councils, sponsored regional events, and attendance at annual public sector tradeshows to promote NCPA contract awareness.

Fortinet will also provide support on marketing efforts executed by our authorized resellers.

While each reseller will operate their own marketing program, Fortinet will assist its authorized resellers by providing in depth information on its products and will also outline the value proposition of the NCPA contract.
• Describe how you intend to introduce NCPA to your company.

Fortinet understands that effective communication to our sales team regarding the awarded NCPA contract is crucial to our success as a NCPA contract holder. Our SLED Contracts Team will take the lead on introducing the NCPA contract to Fortinet Sales Account Managers responsible for sales to the SLED market. This team will also introduce the contract to Channel Managers responsible for recruiting and supporting resellers who serve this market.

City Council 14 – 27 4/15/2025
Response to RFP# 40-22
Upon contract award, our SLED Contracts Team will utilize the following methods to introduce NCPA to our company:
• Group Conference Calls
• Training Webinars
• Training Materials
• Ongoing Contract Use Monitoring
• Ongoing Contract Promotion
• Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Since Fortinet uses a channel model for sales, we do not have, nor do we intend to implement, an ordering website for the NCPA contract. What we do provide is our website (www.fortinet.com) that SLED customers can use to find detailed information on our products and services and to access technical support. In addition, we have a contracts site (www.fortinet.com/resources/sledcontracts-grants) within our website that will have a dedicated page for the NCPA contract that will provide information on how to use our NCPA contract and assists customers to connect with qualified and capable authorized resellers who serve their geographic market. • Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
To provide effective support to a customer base that spans the globe, Fortinet has made it a priority to build a best-in class global infrastructure for technical assistance and warranty/maintenance support. This infrastructure features three global Centers of Expertise (COE) supplemented by regional Technical Assistance Centers (TACs). It also includes 35 hardware storage facilities worldwide and 200 regional depots.

This infrastructure provides the foundation for FortiCare Services (Attachment 3), the program through which we will provide support for products covered by warranty and, thereafter, maintenance support for products covered by a FortiCare maintenance plan. • Green Initiatives (if applicable)
o As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

Fortinet is focused on reducing the environmental footprint of our customers by innovating highly efficient, integrated appliances and cloud-based security solutions.

Product Design & Life Cycle Management: When it comes to our products, environmental sustainability is a top priority at the design stage and throughout the entire product lifecycle. This includes product energy use and efficiency, the safety of material inputs required for proper product operations (e.g., chemicals, water), ease of reuse and recycling, and proper disposal at the end of life.

All of our products comply with all globally recognized product environmental compliance directives and regulations. We are also working to eliminate PVC from Product Packaging.

City Council 14 – 28 4/15/2025
Response to RFP# 40-22
Regarding compliance with the WEEE directive, Fortinet requires its distributors and resellers worldwide to perform an environmentally friendly, WEEE-compliant collection of discarded products at no charge to the user.

Energy Management: Years of dedicated innovation and the development of the industry's only security-focused processors have allowed Fortinet to integrate multiple security and networking functions into a single, energy-efficient platform. This has resulted in appliances that use less power, space, and cooling. In addition, Fortinet's family of proprietary secure processor units (SPUs) are built for power and efficiency.

As a result, Fortinet produces the most energy-efficient appliances in the industry, helping our customers and partners reduce their environmental footprint. These advanced security solutions consume as much as 3X fewer resources than traditional appliances, helping lower the ecological impact of data centers, which consume around 2% of all energy worldwide.

Climate Change and Environmental Management: Fortinet takes its responsibility to the environment seriously. We have pledged to reduce our impact on climate change and have taken steps to mitigate our environmental footprint.

From an operations standpoint, we are committed to driving an environmentally low impact business, including energy, air pollution, waste, and water, across our globally distributed offices, facilities, and data centers. This includes monitoring and managing our impact on the climate from owned operations and supply chains related to greenhouse gas emissions, energy efficiency, and renewable energy procurement; the ability to recover from and manage risks, such as the impact of more extreme weather events and natural disasters; and transition risks, such as the increasing cost of energy and customer expectations related to energy and emissions.

Fortinet invests in renewable electricity and sustainable projects. All of Fortinet’s owned facilities around the world run on 100% renewable electricity. Furthermore, Fortinet's recent headquarters expansion is a state-of-the-art 172,000-square-foot and LEED-Gold certified. This all electric, net-zero facility has implemented multiple energy efficiency measures including solar panels and radiant cooling, which uses 30% less energy than a standard building and conserves 76,800 gallons of water annually. Fortinet also incentivizes employees at its headquarters to reduce their environmental footprint by providing onsite solar-powered EV Charging Stations, preferred parking spaces for sustainable energy vehicles, and installed bike racks.

Fortinet works with supply chain and logistics service providers committed to ensuring the application and enforcement of environmental policies aimed at reducing air emissions and pollutions by promoting the use of clean fuels, transportation network optimization, and investing in fuel-saving technologies. We have local RMA depots in over 20 countries and central regional depots in North America, Europe, and Asia. These help us reduce transportation-related emissions by minimizing shipping distances and consolidating shipments, collecting defective products at centralized locations, performing local repairs, and recycling defective units in compliance with local regulations.
• Anti-Discrimination Policy (if applicable)
o Describe your organizations’ anti-discrimination policy.

At Fortinet we believe everyone should be treated equally regardless of race, sex, gender identification, sexual orientation, national origin, native language, religion, age, disability, marital status, citizenship, genetic information, pregnancy, or any other characteristic protected by law.

In support of this Fortinet strives to provide a work environment where everyone can work City Council 14 – 29 4/15/2025
Response to RFP# 40-22
together comfortably and productively. Each individual has the right to work in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Fortinet’s anti-discrimination and antiharassment policy prohibits all forms of harassment based on an individual’s race, color, religion, sex (including pregnancy, childbirth, breastfeeding, and related medical condition), age, national origin, disability, sexual orientation, gender (including gender identity and expression), marital status (including registered domestic partnership status), civil union status, familial status, ancestry, physical or mental disability, medical condition, genetic information or traits, caregiver status, citizenship status, Civil Air Patrol status, military or veteran status, status as a victim of domestic violence, assault, or stalking, or any other characteristic protected by applicable federal, state, or local laws. This policies applies to all employees of Fortinet, including supervisors and managers, as well as to customers, partners, vendors, and any other third parties we do business with.
• Vendor Certifications (if applicable)
o Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

Fortinet is committed to innovation and excellence and we are our proud to meet and exceed a wide range of national, regional, and international requirements, and our solutions and services have earned the respect of independent third-party testing labs around the world. Fortinet’s submitted Product Certifications Brochure (Attachment 4) outlines the certifications our products have received and contains access to our Certifications Resource Center that serves as the repository for product compliance reports, certifications, and independent validation results.

In addition to the product certifications outlined in our Product Certifications Brochure, we wish to make you aware of the following certifications:
• ISO 9001:2015, Quality Management System: the scope of this certificate covers the design, development, and manufacture of Network Security Products and the Delivery of Associated Security Services and Support.
• Our price list includes selected products that are certified for compliance under the US National Information Assurance Program Common Criteria Evaluation and Validation Scheme (CCEVS).
• Our price list includes selected products certified by the National Institute of Standards and Technology for compliance with FIPS 140-2, Security Requirements for Cryptographic Modules.

City Council 14 – 30 4/15/2025
Response to RFP# 40-22
TAB 5 PRODUCTS AND SERVICES
Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.

Fortinet’s goal, if awarded a contract, is to establish a productive and mutually beneficial partnership with the Texas Region 14 ESC and NCPA. To accomplish this, Fortinet is proud to offer our entire line of products and services in response to this RFP and Fortinet agrees to work closely with customers utilizing the awarded contract to assist them in determining their individual needs for IT Security Products and Data Protection Solutions.

Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment Fortinet’s submitted EULA and Warranty Terms (Attachment 5) complies with this requirement.

Products
• Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects
As the manufacturer Fortinet understands that good quality is critical to satisfying customers and retaining their loyalty. In our endeavor to continuously achieve this objective, Fortinet has actively participated in third-party audits and testing since we first opened our doors. Through these thirdparty audits and testing we validate our design and development processes which help us guarantee that our products and solutions meet and exceed a wide range of regional, national, and international standard quality requirements.

Construction
• Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Fortinet is committed to ensuring that all of our products and services consistently exceed industry benchmarks and remain compliant with public sector regulatory frameworks and standards.

The following is a list of suggested (but not limited to) IT Security Products and Data Protection Solutions categories. List all categories along with manufacturer that you are responding with:
• Security Threat Intelligence Products and Services
• Security Information and Event Management (SIEM)
• Managed Security Services
• Security awareness training
• Security Consulting Services
• Content Filtering
• Anti-Virus / Anti-Spam
• Network Forensics / Real – Time Monitoring
• Network Access Control
• Firewalls
• Network Storage / Archiving
City Council 14 – 31 4/15/2025
Response to RFP# 40-22
• Wireless Networks
• Bandwidth Management
• Networking Hardware
• Application Security
• Cloud Security
• Email Security and Archiving
• Data Protection
o Backup
o Cloud Backup
o Risk Assessments
o Encryption and Pseudonymization
o Data Destruction
• Data Loss Prevention (DLP)
• Consulting Services
We have edited the list above to show which suggested capabilities Fortinet’s products and services address. Described at a high level, our products and services include:
• Physical and virtual cybersecurity appliances (hardware appliances and perpetual software licenses) that provide functional capabilities in these areas:
o Network Security
o Cloud Security
o Web Application Security
o Email Security
o Advanced Threat Protection
o Secure Unified Access
o Endpoint Security
o Management and Analytics
• FortiGuard Security Subscriptions (term software licenses) for:
o Application control
o Intrusion prevention
o Antivirus
o Sandboxing
o IP reputation and anti-botnet
o Web filtering
o Web application security
o Credential stuffing defense
o Database security
o Virus outbreak protection
o Content disarm and reconstruction
o Security rating
• Hardware and software maintenance plans (as described in Section 4.12) o 8 x 5 support
o 24 x 7 support
o 360o support (24 x 7 support with proactive monitoring and health checks) o Premium support services
• Professional Services
o Remote engineering support
o Onsite engineering support
• Training
o Onsite courses
o Self-paced courses
o Instructor-led virtual courses
City Council 14 – 32 4/15/2025
Response to RFP# 40-22
TAB 6 REFERENCES
Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.

All references should include the following information from the entity:
• Entity Name
• Contact Name and Title
• City and State
• Phone
• Email
• Years Serviced
• Description of Services
• Annual Volume
NCPA also accepts Procurated review scores to evaluate relationships with their customers. Vendors without a current Procurated score will be rated based solely on the references provided, and will not be penalized for lack of Procurated scoring. To find out your company’s Procurated score please go to https://www.procurated.com.

City Council 14 – 33 4/15/2025
Response to RFP# 40-22
TAB 7 PRICING
Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.

Price lists must contain the following:
• Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
• Description
• Vendor’s List Price
• Percent Discount to NCPA participating entities
Fortinet’s submitted price list complies with this requirement.

Not To Exceed Pricing
• NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
• The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
• NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

Fortinet will ensure that all resellers authorized to sell through an awarded NCPA contract understand that the prices on our price list are "not to exceed prices”; however, since size and scope are only two of multiple factors that can impact the price of a customer’s unique security solution, we cannot honor the request to honor lower pricing for similar size and scope purchases.

City Council 14 – 34 4/15/2025
Response to RFP# 40-22
TAB 8 VALUE ADDED PRODUCTS AND SERVICES
Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

If awarded a NCPA contract in response to this RFP, as value adds to our submitted offer of our entire line of products and services, Fortinet is proud to offer the following two FREE additional programs:

1. FORTINET’S FREE GRANT SUPPORT PROGRAM
Public sector organizations face unique challenges in defending against the constant changing cyber threats landscape and most public sector agencies lack adequate funding to purchase the protection resources they need. Federal and state grants can provide valuable funding to the public sector that initiates or expands purchases they otherwise would not be able to.

Through Fortinet’s free Grant Support Program, Fortinet helps empower public sector customers to find and access grant funding to make their mission critical projects happen! Our FREE Grant Support Program helps public sector agencies by:
a. Providing comprehensive grants information for entities that are understaffed or lack experience with grant applications and don’t know where to start.

Finding and applying for grants can be a daunting and complicated task, but doing so is imperative right now for the public sector since currently there are billions of dollars in funding available for cybersecurity projects and solutions. Our Grant Support Program was created to assist entities successfully find and apply for grants.

Our Grants Support Program consultants provide extensive grant resources and services, such as: in-depth grant research, grant funding availability reports, and grant application development assistance. We of course cannot guarantee funding, but we will do everything we can to assist an entity in submitting a successful grant application. b. Identifying all available grant funding for technology-rich projects.

With a few specifics about an entity’s needs, our Grants Support Program consultants will develop customized reports on funding opportunities that are the best fit for the project.

The reports will identify the most relevant funders based on the project type, the organization type (or types, in the case of a consortium project), and the geographic location where the project will be deployed. Then our consultants will review their findings with the entity on a conference call scheduled at the entity’s convenience.

We will also continually monitor granting sources and will provide notifications to the entity when grants or funding opportunities are released that best serve their project. c. Providing customized consultation services that help develop project ideas and even expand cybersecurity modernization initiatives.

Grants tend to be awarded to projects that address a clearly identified need, either for a specific population or a defined geographic community. In addition, fundable projects City Council 14 – 35 4/15/2025
Response to RFP# 40-22
should have measurable objectives and a compelling reason for including the security technology needed to achieve those objectives.

Our Grants Support Program consultants will help entities clarify and articulate their specific technology needs, assist in the development of measurable objectives, and provide input on other elements that might further strengthen the entities project proposal, application or other information required by the grant.

Grants Support Program Frequently Asked Questions:
• What’s the benefit of utilizing Fortinet’s Grants Support Program? Our Grants Support Program is designed to help public sector entities overcome financial barriers that prevent our customers from purchasing Fortinet’s cybersecurity solutions. We provide free support by assigning a grant expert who works with the entity throughout the entire grants process.
• What entities are eligible to receive grant funds?
The public sector entities listed below are generally eligible to apply for federal or state grant funding opportunities as long as the project identified on the entity’s submitted grant application meets the grant requirements.

Government Organizations
o State governments
o County governments
o City or township governments
o Special district governments
o Native American tribal governments
Education Organizations
o Independent school districts
o Public and state controlled institutions of higher education o Private institutions of higher education
Public Housing Organizations
o Public housing authorities
o Native American housing authorities
• What are the top grant funding streams for cybersecurity? Thousands of grant opportunities are made available each year in the US, providing billions of dollars in funding. Of course, not all of these opportunities are technology-friendly; however the following grant opportunities have been identified as the top funding streams for cybersecurity:
o Infrastructure Investment and Jobs Act, including State and Local Cybersecurity Grant Program ($550B)
o Stimulus funding from the American Rescue Plan ($1.9T) o Tying into energy and climate funding available through Inflation Reduction Act ($369B) o Tying into annual funding available from 26 federal grant-making agencies ($700B) • Where do I get more information on Fortinet’s Grants Support Program? For more information on this program, please email us at: [email protected].

City Council 14 – 36 4/15/2025
Response to RFP# 40-22

2. FORTINET’S FREE SECURITY AWARENESS AND TRAINING PROGRAM The US education sector is in the midst of a cyber crisis. The shift to cloud-based virtual learning during COVID-19 created the perfect storm for threat actors to capitalize on.

Education IT departments, already weathering a shortage of physical resources, funding, and staffing, unexpectedly faced an even greater challenge. Without the human resources and advanced solutions to secure vulnerabilities in their networks, K-12 school districts and highered institutions became easy targets.

In July 2022, Fortinet participated in the White House National Cyber Workforce and Education Summit where Fortinet participated in important discussions around solutions to help address this significant challenge facing the cybersecurity industry in the United States. As a result of these discussions, Fortinet announced its commitment to expand its existing Information Security Awareness and Training program to make it available to all K-12 school districts and systems across the United States for FREE! Schools that take advantage of this free offering will be training their staff and faculty with skillsets and knowledge that could prevent them from falling victim to popular threat methods, such as social engineering attempts, reducing the likelihood of a security breach. Fortinet’s Security Awareness and Training program was developed by Fortinet's award-winning Training Institute. With content incorporating threat intelligence insights from FortiGuard Labs, this training arms faculty and staff with the latest knowledge, guidance, and tips to make smarter choices when confronted by cyberattacks and other security risks.

Security Awareness and Training Frequently Asked Questions:
• What key benefits will K-12 school districts and systems gain from participating in this training?
By participating in our Security Awareness and Training K-12 school districts and systems will:
o Have trained faculty and staff that will prevent or recognize and report potential security threats whether in an email, online, or in a physical setting. o Satisfy city, county, state, and national requirements for security and awareness training across major frameworks (this training aligns to the National Institute of Standards and Technology framework -NIST 800-50 and NIST 800-16).
o Prevent the impact of breaches caused by faculty and staff errors and/or poor judgement. o Ensure faculty and staff are properly trained on data privacy and security, and are motivated to protect personally identifiable information and other sensitive data. • How comprehensive is this free training program?
We are offering the premium version of our Information Security Awareness and Training program free of charge to K-12 school districts and systems. This premium training consists of 23 Base Modules, 10 Re-engagement Modules and 18 Reinforcement Modules and is delivered in multiple formats, including video, text, audio, imagery, and animation, which appeals to different learning styles to ensure that the training is understood and applied. • Where do I get more information on this training?
For more information on this program visiting our website at http://fortinet.com/K12trainingUS, or to register for this training, please email us at [email protected].

City Council 14 – 37 4/15/2025
Response to RFP# 40-22
TAB 9 REQUIRED DOCUMENTS
• Federal Funds Certifications
• Clean Air and Water Act & Debarment Notice
• Contractors Requirements
• Required Clauses for Federal Assistance by FTA
• Federal Required Signatures
• Antitrust Certification Statements Texas Government Code § 2155.005 • State Notice Addendum
City Council 14 – 38 4/15/2025

FEDERAL FUNDS CERTIFICATIONS
Participating Agencies may elect to use federal funds to purchase under the Master Agreement.

The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process.

Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
• Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
• Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay City Council 14 – 39 4/15/2025
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. • Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. • Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

City Council 14 – 40 4/15/2025
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. • Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the City Council 14 – 41 4/15/2025
offeror certifies that it is in compliance with all applicable provisions of the Byrd AntiLobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS

INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY

AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.

Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

City Council 14 – 42 4/15/2025

CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

City Council 14 – 43 4/15/2025

CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE
By the signature below (Under Federal Required Signatures), I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.

City Council 14 – 44 4/15/2025

CONTRACTOR REQUIRMENTS
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed.

Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed.

Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

City Council 14 – 45 4/15/2025

REQUIRED CLAUSES FOR FEDERAL ASSISTANCE

PROVIDED BY FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees City Council 14 – 46 4/15/2025
to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities.

Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.

City Council 14 – 47 4/15/2025
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.

Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

City Council 14 – 48 4/15/2025

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S.

Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8th, 2016, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me City Council 14 – 49 4/15/2025
made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

City Council 14 – 50 4/15/2025

FEDERAL REQUIRED SIGNATURES
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.

Offeror __________________________________________________________ Address __________________________________________________________ City/State/Zip __________________________________________________________ Authorized Signature __________________________________________________________ Date __________________________________________________________ Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
11/15/2022
City Council 14 – 51 4/15/2025

ANTITRUST CERTIFICATION STATEMENTS
TEXAS GOVERNMENT CODE § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Name __________________________________________________________ Address __________________________________________________________ City/State/Zip __________________________________________________________ Telephone Number __________________________________________________________ Fax Number __________________________________________________________ Email Address __________________________________________________________ Printed Name __________________________________________________________ Title __________________________________________________________ Authorized Signature __________________________________________________________ Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
(850) 728-6504
N/A
[email protected]
Jerilyn Bailey
Public Sector Contracts Manager
City Council 14 – 52 4/15/2025

STATE NOTICE ADDENDUM
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
City Council 14 – 53 4/15/2025
Response to RFP# 40-22

ATTACHMENTS

1. Fortinet Security Fabric

2. Fortinet Corporate Brochure (Q3 2022 – Convergence of Networking and Security)

3. Fortinet Support Services

4. Fortinet Product Certifications Brochure

5. Fortinet EULA and Warranty
City Council 14 – 54 4/15/2025
Revised June 1, 2022 © Fortinet Inc. All Rights Reserved. 2 Icons on this document link to additional information

INTERACTIVE INFOGRAPHICS
The industry’s highest-performing integrated cybersecurity mesh platform Fortinet Security Fabric
FortiFone
Robust IP Phones w/ HD Audio
with centralized management
FortiCamera
Centrally-managed HDTV-quality
security coverage reliability
FortiOS
The Heart of the
Fortinet Security Fabric
Free Assessments
Validate existing network controls
for NGFW, Email, and SD-WAN
Free Training
Fortinet is committed to training
over 1 million people by 2025
Fortinet Brochure
Highlighting our broad, integrated,
and automated solutions, quarterly
FortiCare Elite**
25% of hardware*
FortiCare Essentials
15% of hardware, FG-80 & below
FortiCare Premium*
20% of hardware
* FortiCare Premium is formerly 24x7 Support.

Lower support price for Switches and APs
** Response time for High Priority tickets.

Available for FortiGate, FortiManager,
FortiAnalyzer, FortiSwitch, and FortiAP
FortiCare
Support Services
Incident Response Service
Digital forensic analysis, response,
containment, and guidance
SOC as a Service
Continuous awareness and control
of events, alerts, and threats
FortiTester
Network performance testing and
breach attack simulation (BAS)
FortiSOAR
Automated security operations,
analytics, and response
FortiSIEM
Integrated security, performance,
and availability monitoring
FortiAnalyzer
Correlation, reporting, and log
management in Security Fabric
FortiSandbox / FortiAI
Secure virtual runtime environment
to expose unknown threats
FortiEDR
Automated protection and
orchestrated incident response
FortiNDR
Accelerate mitigation of evolving
threats and threat investigation
FortiDeceptor
Discover active attackers inside
with decoy assets
Fabric Management
Center: SOC
Extended Ecosystem
Threat sharing w/ tech vendors
Fabric API Integrations
Partner-led
DevOps Tools & Scripts
Fortinet & community-driven
Fabric Connectors
Fortinet-developed
The industry’s most extensive
ecosystem of integrated solutions
Open
Ecosystem
FNDN
Exclusive developer community for
access to advanced tools & scripts
FortiExtender Cloud
Deploy, manage, and customize
LTE internet access
FortiAIOps
Network inspection to rapidly
analyze, enable, and correlate
FortiMonitor
Analysis tool to provide NOC and
SOC monitoring capabilities
FortiGate Cloud
SaaS w/ zero touch deployment,
configuration, and management
FortiManager
Centralized management of your
Fortinet security infrastructure
Fabric Management
Center: NOC
Threat Map
Powered by FortiGuard Labs
FortiGuard
Threat Intelligence
FortiConnect
Simplified guest access, BYOD,
and policy management
FortiClient Fabric Agent
IPSec and SSL VPN tunnel,
endpoint telemetry and more
FortiToken
One-time password application
with push notification
FortiAuthenticator
Identify users wherever they are
and enforce strong authentication
ZTNA Agent
Remote access, application
access, and risk reduction
FortiNAC
Enforce dynamic network access
control and network segmentation
Zero Trust
Access
FortiCASB
Prevent misconfigurations of SaaS
applications and meet compliance
FortiMail
Secure mail gateway to protect
against SPAM and virus attacks
FortiGSLB Cloud
Ensure business continuity during
unexpected network downtime
FortiADC
Application-aware intelligence for
distribution of application traffic
FortiWeb
Prevent web application attacks
against critical web assets
FortiDevSec
Continuous application security
testing in CI/CD pipelines
FortiCWP
Manage risk and compliance
through multi-cloud infrastructures
FortiDDoS
Machine-learning quickly inspects
traffic at layers 3, 4, and 7.

FortiGate VM
NGFW w/ SOC acceleration and
industry-leading secure SD-WAN
Cloud
Security
FortiIsolator
Maintain an “air-gap” between
browser and web content
FortiProxy
Enforce internet compliance
and granular application control
FortiSASE
Scalable, Simple, and Secure
Access for Remote Workforce
Linksys HomeWRK
Enterprise networking solution
for remote and hybrid workers
FortiSwitch
Deliver security, performance,
and manageable access to data
FortiAP
Protect LAN Edge deployments
with wireless connectivity
FortiExtender
Extend scalable and resilient
LTE and LAN connectivity
FortiGate SD-WAN
Application-centric, scalable, and
Secure SD-WAN with NGFW
FortiGate
NGFW w/ SOC acceleration and
industry-leading secure SD-WAN
Security-Driven
Networking
City Council 14 – 55 4/15/2025
Convergence of
Networking and Security
Digital Security, everywhere you need it.

Q3 / 2022
City Council 14 – 56 4/15/2025
Strong Growth in Annual Billings and Profitability
Source: Fortinet estimates based on recent
analyst research. 2026 opportunity shown.

Source: IDC Worldwide Security Appliance Tracker, February 2022 (based on unit shipments of Firewall, UTM, and VPN appliances) Technological Leadership
Nearly 3X more patents than comparable Network
Security companies
A Large and Growing Total Available Market
Total Addressable market
of $138B in 2022 growing
to $199B by 2026
Source: US Patent Office, As of June 30, 2022
The Most Deployed Network Security Solution
Over One-Third of All Firewall Shipments

BILLINGS GAAP OPERATING MARGIN
Q2 2022

REVENUE BY REGION
Q2 2022

BILLINGS BY SEGMENT
Highly Diversified Across Regions and Segments US Patents 925 U.S. Patents
354 International Patents
(247 Pending Patents)
1279
Global Patents

1.8B 2.2B 2.6B 3.1B
2017 2020

4.2B
2018 2019 2021

13.0%
2018

7.5%
2017

16.2%
2019

20.5%
2020

19.5%
2021
CAGR: 24%
■ EMEA ■ AMERICAS ■ APAC

40.2% 38.0%

21.8%
■ HIGH-END ■ MIDRANGE ■ ENTRY-LEVEL

25.4%

32.3%

42.3%
925
Palo Alto Networks 344
Zscaler 139
SonicWall 219
Check Point 95
Cloud
Security
$31.2B Security Ops
$42.6B
Zero Trust
Security
$29.3B
Network
Security
$27.1B
Networking &
Communications
$68.4B

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cisco
Check Point
Palo Alto Networks
Unit Share
FY 2021 Results
Revenue:
$3.34 B
Billings:
$4.18 B
Q2 2022 Results
Revenue:
$1.030 B
Billings:
$1.304 B
Op. Margin
(GAAP):

19.0%
EPS (GAAP):
$0.21/share
Cash +
Investments:
$1.943 B
Market Cap:
$44.6 B
(As of June 30, 2022)
Customers
595,000+
Cumulative Units
Shipped

8.8+ Million
Headcount By Region

AMERICAS
US 3,413
CANADA 2,162
REST OF AMERICAS 784
EMEA
FRANCE 468
UK 382
REST OF EMEA 1,939
APAC
INDIA 585
JAPAN 513
REST OF APAC 1,262
TOTAL 11,508
ALL INFORMATION AS OF JUNE 30, 2022
2 City Council 14 – 57 4/15/2025

BURNABY

BAY AREA FRISCO

CHICAGO

SUNRISE
OTTAWA
SOPHIA
Fortinet – Making possible a digital world you can always trust For over 20 years, Fortinet has been a driving force in the evolution of cybersecurity and the convergence of networking and security. Our network security solutions are the most deployed, most patented, and among the most validated in the industry.

Our broad, complementary portfolio of cybersecurity solutions are built from the ground up with integration and automation in mind, enabling more efficient, self-healing operations and a rapid response to known and unknown threats.

Investing In Global Scale
• With over 2M square feet
of real estate owned, we are
investing in long term
economic growth.
• Commitment to carbon
neutral by 2030.
• New state-of-the-art LEEDGold Certified 172,000 sqft HQ building.

Innovative for a
Safe Internet
Growing an Inclusive
Cybersecurity Workforce
Respecting the
Environment
Promoting Responsible
Business
Key Fortinet Advantages
Security Fabric
Organically developed, highly
integrated and automated
cybersecurity platform
Security Processors
Superior NGFW and
SD-WAN performance
and efficiency
The only company to
excel at all key stages
of network security
Corporate Social Responsibility
A digital world you can always trust is essential to achieving just and sustainable societies. At Fortinet, we believe it is our corporate social responsibility to deliver on that vision by innovating sustainable security technologies, diversifying cybersecurity talent, and promoting responsible business across our value chain.

Mission: to secure people, devices and data everywhere
Founded: October 2000
Headquarters: Sunnyvale, CA
Fortinet IPO (FTNT): November 2009
Investing
in the future
billings by $10B 2025
NASDAQ 100 and S&P 500:

Only cybersecurity company in both
Learn more at Fortinet.com/CSR
Value &
Performance
Integration
Prevention
100s+ Detection
# of companies
<50
<5
3 City Council 14 – 58 4/15/2025
The Convergence of Networking and Security
Traditional networking lacks awareness of content, applications, users, devices, location and more. Organizations have overlaid security solutions on to the network later to account for this shortcoming — but doing so has led to increased management complexity, performance bottlenecks, poor user experience, and the potential introduction of new exploitable gaps or vulnerabilities. A better Security-driven Networking approach converges networking and security into a single, accelerated solution. A specially designed operating system and security processors work in concert to greatly improve network performance and security posture, adding greater awareness while also improving user experience, easing management complexity, and decreasing footprint and power consumption.

Networking Security Security-Driven Networking
Consolidation of Vendors and Point Solutions to a Platform Cybersecurity has traditionally been deployed one solution at time, in response to each emerging problem or challenge.

However, individual security solutions — typically from a new vendor — are not designed to work well with the other deployed solutions. With meaningful levels of cross-vendor integration and automation proving difficult to achieve, management complexity is massively increased, and effective response to new threats is simply too slow. A more effective approach is to consolidate point product vendors into a cybersecurity platform, allowing for much tighter integration, increased automation, and a more rapid, coordinated, and effective response to threats across the network.

A B C 1 2 3
Appliances Lack
Awareness
VPN
WLAN Switch Routing
Proxy
Device
User Content Application
Location
ZTNA
Secure NGFW

WLAN/LAN
SD-WAN
Appliance VM SaaS
SWG
Software Delivers
Network Awareness
Cybersecurity Point Products
20 Vendors 4-6 Platforms
Cybersecurity Platform Approach
SOAR
SIEM
EASM
CASB
EMAIL
WAF
CWP
vFW
SWG
NGFW
LAN
NAC
ZTNA
EPP
EDR
XDR
IAM
DLP
SIEM
EASM
CASB
EMAIL
WAF
CWP
vFW
SWG
NGFW
LAN
NAC
ZTNA
EPP
EDR
XDR
IAM
SOAR
Cybersecurity Point Products Cybersecurity Platform Approach 4 City Council 14 – 59 4/15/2025
Secure
Networking
• Network
Firewall
• SD-WAN
• SD-Branch
• Web Proxy
• Wi-Fi
• Switching
• 5G/LTE
• Network
Access Control
• And More...

Cloud
Security
• Cloud-native
Protection
• DevSecOps
• Cloud Firewall
• SD-WAN for
Multi-cloud
• WAF
• Email Security
• ADC / GSLB
• Anti-DDOS
• CASB
Zero Trust
Access
• ZTNA Agent
• Authentication
• MFA/Token
• SASE
Network
Operations
• Network
Management
• Network
Orchestration
• Network
Monitoring
• Cloud
Management
• Digital
Experience
Monitoring
Security
Operations
• Endpoint (EDR/
XDR)
• Automation:

SIEM/ SOAR
• Managed SOC
& MDR
• DRPS, EASM
• Deception
Open
Ecosystem
• Fabric
Connectors
• Fabric API
• Fabric DevOps
• Extended
Ecosystem
• 490+ Open
Ecosystem
• Integrations
Broad Portfolio of Solutions to Protect Your Digital Attack Surface Cloud
Security
Open
Ecosystem
FortiGuard
Labs Threat
Intelligence
Secure
Networking
Zero Trust
Access
Network
Operations
Security
Operations
The Fortinet Security Fabric
The Fortinet Security Fabric is at the heart of
the Fortinet security strategy. It is a platform
organically built around a common operating
system and management framework to enable
broad visibility, seamless integration and
interoperability between critical security elements,
and granular control and automation.

Broad
visibility and protection of the entire digital
attack surface to better manage risk.

Integrated
solution that reduces management
complexity and shares threat intelligence.

Automated
self-healing networks with AI-driven security
for fast and efficient operations.

Learn more at Fortinet.com/SecurityFabric
5 City Council 14 – 60 4/15/2025
Trusted ML and AI
Stop unknown faster with
Powerful combination of
actionable local learning and
AI & ML models on large-scale
cloud-driven data lakes.

Threat hunting and
Outbreak Alerts
Faster remediation with
Alerts, analysis and detection,
prevention and remediation
tools including outbreaks.

Real-Time Threat
Intelligence
Proactive security posture
through continuous security
updates based on in-house
research and collaboration.

FortiGate
(HW/VM/SASE) Proxy FortiTrust XDR FortiWeb FortiMail FortiADC SOC Platforms FortiNDR
Content
Security
Antivirus ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
IL SBX ✓ ✓ ✓ ✓
Credential Stuffing ✓ ✓ ✓ ✓
Web
Security
URL ✓ ✓ ✓ ✓ ✓ ✓ ✓
DNS ✓ ✓ ✓ ✓
IP-REP ✓ ✓ ✓
Device
Security
DVC PROT ✓
IPS ✓ ✓ ✓ ✓
BOT/C2 ✓ ✓ ✓ ✓ ✓
Application
Security

WAF SIG
ANN
AntiSpam
Soc
Security
MITRE ATT&CK ✓ ✓
Threat Hunting ✓ ✓
Auto IR ✓ ✓
Outbreak ✓ ✓ ✓
IoC ✓ ✓ ✓
FortiGuard Labs – Industry-leading Threat Intelligence
Founded in 2002, FortiGuard Labs is Fortinet’s elite cybersecurity threat intelligence and research organization.

Partnering with law enforcement agencies, government organizations, and security vendor alliances worldwide to fight emerging global security risks. FortiGuard labs maintain real-time threat intelligence and innovative prevention tactics and tools across the Fortinet Security Fabric in three key categories:

FortiGuard AI-Powered Security
Rich set of industry leading security capabilities unified into one security framework. Delivering coordinated, contextaware policy for hybrid deployments across networks, endpoints, and clouds. The services continually assess the risk and automatically adjust the prevention to counter known and unknown threats in real-time.

New in
FortiOS 7.2
NEW FortiSandbox
Inline Blocking
NEW IoT/ IT Device protection
NEW Dedicated IPS
NEW SOC as a Service
NEW Outbreak Detection
Enhanced Web Security
FortiGuard Security Integration Across the
Security Fabric
Global Leadership & Collaboration:

Market Leading Security
as a Service
ML-enabled security, deployed close
to the protected assets powered by
FortiGuard Labs
Coordinated Real-Time
Prevention
Continuously assess the risks and
automatically respond and counter
known and unknown threats
Consistent Context
Aware Policy
Centralized detection and prevention
delivered from the cloud built for
hybrid environments
More FortiGuard subscription services are available across our broad Security Fabric portfolio of solutions Learn more at Fortinet.com/fortiguard ✓
✓
✓
✓
6 City Council 14 – 61 4/15/2025
ZTNA
Unified Policy Configuration
in a Single GUI
FortiToken /
FortiToken Cloud
Fido-based passwordless
Authentication
SASE
Automated provisioning of
ZTNA agents & Apps from
FortiSASE
Identity
Zero Touch Provisioning
Campus and Large-Scale
SD-Branch
FortiGate SD-WAN
Automated Overlay
Orchestration and
Large Scale Zero Touch
Provisioning
FortiGate Firewall
FortiGate is the first
next-generation firewall
to support HTTP/3.0
SD-Branch
Automation, simplified
Deployment, and
Orchestration for Global
Scale management
LAN Edge
Zero Touch Provisioning
Campus and Large-Scale
SD-Branch
FortiOS – The Foundation of the Security
FortiOS is the foundation of the Fortinet Security Fabric, converging and consolidating many security and networking technologies and use cases into a simplified, single policy, and management framework.

What’s New In FortiOS 7.2
Learn more at Fortinet.com/fortiOS
Adopting new technologies is not a project with a start and a finish. Instead, it is a journey from design and implementation to optimization, operations, and ongoing management of the solution. Fortinet has you covered every step of the way, freeing up your resources to focus on your business needs.

FortiCare Services help thousands of organizations every year to get the most out of their Fortinet Security Fabric solutions. We have over 1,400 experts providing accelerated implementation, reliable assistance, and proactive care through advanced support and professional services to maximize your security and performance.

FortiCare – Expertise At Your Service
1400+

EXPERTS
24x7

TECHNICAL

SUPPORT
23 GLOBAL SUPPORT

CENTERS
Design
Business
Alignment
• High-level design
• Low-level design
• Product-agnostic
workshops
Deploy
Accelerated
Implementation
• Migration
• Configuration
• Implementation
• Validation
• Knowledge Transfer
Operate
Reliable
Assistance
• 24x7 Support
• Premium hardware
replacement
• Technical account
management
• Proactive Incident
avoidance
• Dedicated resources
Optimize
Performance
Excellence
• Health checks
• Software upgrade
recommendation
• Incident readiness
• Penetration testing
Evolve
Personalized
Care
• Product upgrade
assistance
• Transformation
readiness
• Migration &
replacement
• Software upgrade
Learn more at Fortinet.com/support
FortiTrust – Redefining the Future of Security Services FortiTrust provides user-based licensing across all networks, endpoints and clouds • Access: Add ZTNA to your FortiGate-based network.
• Identity: Cloud-based subscription across enterprise hybrid environments. 7 City Council 14 – 62 4/15/2025
New Product Spotlight: FortiGate 4800F series
Deliver ultra-high performance to secure Hyperscale data centers and 5G The SPU Advantage
Fortinet’s Security Processors (SPUs)
radically increase the speed, scale,
efficiency and value of Fortinet
solutions while greatly improving user
experience, reducing footprint and
power requirements. From entry-level
to high-end solutions, SPU-powered
Fortinet appliances deliver superior
Security Compute Ratings versus
industry alternatives.

High-end Appliances
Security Compute Ratings are benchmarks that compare the performance metrics of Fortinet SPU-based next-generation firewalls to similarly priced solutions from vendors that utilize generic processors for networking and security.

Network
Processor 7
NP7
Network Processors operate
in-line to deliver unmatched
performance for network
functions and hyperscale for
stateful firewall functions.
1 Industry average (entry-level) is calculated as the average of the similarly priced PAN-820, Cisco FPR-1120, Juniper SRX-345, and Check Point SG-3600. Industry average (high end) is calculated as the average of the similarly priced PAN-7050, Cisco FPR-9300, Juniper SRX-5400, and Check Point SG-28000. All data from public datasheets. 2 Fortinet metrics from public datasheets.

Content
Processor 9
CP9
As a co-processor to the main
CPU, Content Processors
offload resource-intensive
processing and drive content
inspection to accelerate
security functions.

Systemon-a-Chip 4
SoC4
The System-on-a-Chip
consolidates network and
content processing, delivering
fast application identification,
steering, and overlay
performance.

FortiSPU™-NP7
T6WYOSBG-0001
FortiASIC-CP9
1824QPF21
FortiSoC4
1403LP699
Specification FortiGate
4801F1
Security
Compute
Rating
Industry
Average2
PAN
PA-54503
Check Point
Quantum
28000
Cisco
FPR-4145
Juniper
SRX-54004
Firewall 2.4 Tbps 15x 158 Gbps 136.4 Gbps 145 Gbps 80 Gbps 270 Gbps IPsec VPN 800 Gbps 19x 42 Gbps 34.8 Gbps 49 Gbps 23 Mbps 60 Gbps Threat Prevention 70 Gbps 1.5x 46 Gbps 61.8 Gbps 30 Gbps N/A N/A SSL Inspection 55 Gbps 5.5x 10 Gbps N/A N/A 10 Gbps N/A Concurrent
Sessions 280M/1760M2
34x 51M 40M 32M 40M 91M
Connections
per second 900K/25M2
19x 1.3M 1.45M 615K 1.5M 1.7M
4 3
2 1
0 80
60 40
20 0
400
300
200
100
0 10
8 6
4 2
0 10
8 6
4 2
0 30
20 10
5 0
Entry-level Appliances
SSL Inspection
(Gbps)
SSL Inspection
(Gbps)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
FG 200F
(2)
FG
4401F(2)
FG
4401F(2)
FG
4401F(2)
FG
200F (2)
FG
200F (2)
Connections Per
Second (K)
Connections Per
Second (M)
Power Consumption
(Watts/Gbps FW)
Power Consumption
(Watts/Gbps FW)
6x
More
9x
More
9x
More
9x
More
7x
Less
7x
Less
Ultra-scalable and
high-performance
Security
Flexible, scalable
dynamic,
segmentation
Secure, ultra-highperformance DCI
with 400G support
Notes:

1. Fortinet: Enabled by a Hyperscale License

2. PAN: Calculated with 2xNC and 2xDPC cards, no services and support. PAN Application Firewall used as they don’t publish stateful FW

3. Juniper: SRX5400E-B2 8
City Council 14 – 63 4/15/2025
Training and Certifications
Our Pledge to Train 1 Million People by 2026
Fortinet has pledged to train 1 million people globally over 5 years through its Training Advancement Agenda (TAA) and Fortinet Training Institute programs to help close the cybersecurity skills gap. January 2022 marked the start of this five-year pledge that will use Fortinet’s award-winning certification program content as the basis for meeting this goal. The Fortinet Training Institute has been recognized by various organizations for our contribution to excellence in cybersecurity training and certification as well as our many programs that help close the cybersecurity skills gap.

New Fortinet Security Awareness and Training Service
The Security Awareness and Training service offers every organization the ability to further protect their critical digital assets from cyber threats by building employee cybersecurity awareness and creating a cyber-aware culture.

Free cybersecurity awareness and training for all U.S. School Districts At the National Cyber Workforce and Education Summit at the White House on July 19, 2022, Fortinet announced it is offering a customized academic version of its Security Awareness and Training service free to all U.S school districts starting with more than 8 million staff and faculty. This offering is part of Fortinet’s mission to help close the cybersecurity skills gap.

Figures as of June 30, 2022
Information Security Awareness
Learn about today's cyberthreats and how you can
secure your information.

Security Associate
Learn about security solutions that have been created to address security problems faced by organizations.

Security Associate
Learn about the key Fortinet products and the cybersecurity problems they address.

Professional
Develop the knowledge required to manage the day-to-day configuration, monitoring, and operation of FortiGate devices to support corporate network security policies.
3 NSE

ASSOCIATE
Analyst
Develop a detailed understanding of how to implement network security management and analytics.

Specialist
Develop an understanding of the Security Fabric products that augment FortiGate, providing deeper and more comprehensive network security.

Architect
Develop the knowledge required to integrate Fortinet products into network security solution deployment and administration.

Expert
Demonstrate the ability to design, configure, install, and troubleshoot a comprehensive network security solution in a live environment. 6 NSE

SPECIALIST
Fortinet NSE Certification Program
The Fortinet Network Security Expert (NSE) Certification Program is an 8-level training and assessment program
designed for customers, partners, and employees to help close the cybersecurity skills gap. With over 840,000
security certifications to date, Fortinet delivers expert-level training in local languages in 136 countries and territories worldwide through our ecosystem of Authorized Training
Centers, academic partners, and a variety of online options (many of them free of charge).

Fortinet Training & Education Partner Programs
The Fortinet Training Institute’s ecosystem of public and private partnerships help Fortinet address the skills gap by increasing the access and reach of our cybersecurity certifications and training. The Academic Partner program works with academic institutions including K-12 and higher education. The Education Outreach program partners with industry, academia, government, and nonprofits to reach a broad population, in 94 countries and territories, while also focusing on recruiting women, minorities, veterans, and other underrepresented groups.
29 EDUCATION OUTREACH

PARTNERS
930,000+

CERTIFICATIONS
471

ACADEMIES

PARTNERS
Learn more at Fortinet.com/nse-training
9 City Council 14 – 64 4/15/2025
The Engage Partner Program is designed to help partners built a valuable, highly-differentiated security practice that leverages the industry’s best solutions to drive customer success. Fortinet’s global partner program is driven by three basic concepts:

Growth Through Technology Differentiation
Fortinet’s breadth of products are tightly integrated into one highly-automated, high-performing platform that
spans endpoint, network, and cloud, and includes tools
to easily connect with adjacent technologies.

Fortinet is a channel-centric company
that has created a large, global network of
trusted advisors that customers can rely on
to secure their digital transformation and
strategically drive their business growth.

Our Global Partner Commitment
Analyst Recognition
60,000+

ACTIVE PARTNERS
• Network Firewall
• SD-WAN
• WLAN/LAN
• Endpoint
• SIEM
• WAAP
• Indoor Location
Services
• Network
Firewall
• WLAN/LAN
Access
Infrastructure
• Email Security
• WAN Edge
Infrastructure
• DEM
• VPN
• NAC
• EMAIL
• IRM
• XDR
• SOAR
• Indoor Location
Services
Network Firewall
• Data-Center Edge
• Distributed Edge
SD-WAN
• Security w/
SD-WAN
• Small Branch WAN
• Remote Workforce
MAGIC

QUADRANTS
7 MARKET
GUIDES
8 WAVES
4 PLATFORM

NAVIGATOR
1 NOWTECHS
5 LEADERSHIP

COMPASS
2 #1 IN CRITICAL

CAPABILITIES
5 TOP VENDOR &

LEADERSHIP
AWARDS
6 2
GIGAOM
RADAR

PEER INSIGHTS
CUSTOMERS’
CHOICE
4 2

MARKETSCAPE

LEADER &

MAJOR PLAYER
• Enterprise
Email Security
• ICS
• Endpoint
Detection and
Response
• Enterprise
Firewalls
• Worldwide
SD-WAN
Infrastructure
• Modern
Endpoint
• WAF
• All-In-One
ZeroTrust
Edge
• SoftwareDefined WAN
• Endpoint
Detection and
Response
• Enterprise
EmailSecurity
• SD-WAN
• Critical
Infrastructure
• SWG
• NAC
• WAN Edge
Infrastructure
• North America
Healthcare
• IT/OT Security
Platform
• SIEM
• ICS
• Security Service
Access (SSA) -
Forward Mover
• Zero-Trust
Network Access
(ZTNA) - Fast
Mover
Business Success with Proven Credibility
Fortinet’s superior technology innovation and industry
leading threat intelligence, alongside our customer ratings and independent analyst reports leadership validates and differentiates our partners’ offerings.

Long-term, Sustained Growth
The Engage Partner Program offers sustained sales,
marketing, and executive support so you can grow
productive, predictable, and successful relationships.

With drivers of growth built into the program, like our Specializations, we provide paths to expertise for solutions that are driving demand in the market — ensuring you are positioned for success.
10 City Council 14 – 65 4/15/2025

CUSTOMER RECOGNITION
Gartner Peer Insights Customers’
Choice distinctions are based
on the ratings of vendors by
verified end-user professionals
across a variety of industries
and from locations around the
world. These distinctions take
into account both the number
of end-user reviews a vendor
receives, along with the overall
ratings score a vendor receives
from those end users.

Fortinet is proud to be named
a Gartner Peer Insights
Customers’ Choice in several
critical areas:

Network
Firewalls
Wired and
Wireless
LAN Access
Infrastructure
Email Security
WAN Edge
Infrastructure
See our Gartner Peer Insights
reviews and distinctions at
www.gartner.com/reviews
Fortinet is recognized as a LEADER in 2 Gartner® 2021
Magic Quadrant™ Reports:

Fortinet is also recognized
in 4 additional Gartner 2021
Magic Quadrant Reports,
including a wide range
of technologies:

And Fortinet is an ‘Honorable
Mention’ in 2 additional
Gartner 2020/2021 Magic
Quadrant Reports:

GARTNER and MAGIC QUADRANT are registered trademarks and service marks of Gartner, Inc. and/or its affiliates in the U.S. and internationally and are used herein with permission. All rights reserved. Gartner Peer Insights content consists of the opinions of individual end users based on their own experiences with the vendors listed on the platform, should not be construed as statements of fact, nor do they represent the views of Gartner or its affiliates. Gartner does not endorse any vendor, product or service depicted in this content nor makes any warranties, expressed or implied, with respect to this content, about its accuracy or completeness, including any warranties of merchantability or fitness for a particular purpose. • Only vendor with all three
VB100, VBSpam, and VBWeb
certifications
• Highest “VBSpam+” rating
• Antiphishing Approved
Certified in 5 technology areas:
• Anti-Malware Network
• Network Firewall
• IPsec VPN
• Web Application Firewall
• Advanced Threat Defense
100% Protection, 2 Years in a Row
• All Test Cases
• All Signature-Independent
• Top Analytical Detection
Network Firewalls WAN Edge Infrastructure
Secure Web
Gateway
Indoor Location
Services
Third Party Testing and Certifications
Fortinet submits its products for impartial, third party performance and effectiveness testing with the most prominent organizations in the industry, with consistent positive results.

Web Application
and API
Protection
Wired and
WLAN
SIEM
Endpoint
Protection
Platforms
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

Network Firewalls, Peer Contributors, 9 April 2021
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

Wired and Wireless LAN Access Infrastructure, Peer
Contributors, 12 May 2021
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

Email Security, Peer Contributors, 5 February 2021
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

WAN Edge Infrastructure, Peer Contributors,
5 February 2021
The GARTNER PEER INSIGHTS CUSTOMERS’ CHOICE
badge is a trademark and service mark of Gartner, Inc.
and/or its affiliates and is used herein with permission. All rights reserved. Gartner Peer Insights Customers’ Choice constitute the subjective opinions of individual end-user reviews, ratings, and data applied against a documented methodology; they neither represent the views of, nor
constitute an endorsement by, Gartner or its affiliates.

Learn more at Fortinet.com/solutions/gartner-magic-quadrants 11 City Council 14 – 66 4/15/2025
Copyright © 2022 Fortinet, Inc. All rights reserved. Fortinet® , FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Certain offerings mentioned herein may not be generally available, and Fortinet reserves the right to change, modify, transfer or otherwise revise this publication without notice, and the most current version of the publication shall be applicable Revision: Q2 / 2022 v2 07.06.22
Fortinet secures over half a million enterprises, service providers, and government organizations around the world.

Visit Fortinet.com/Customers to see how many of our customers benefit from Fortinet solutions and the Fortinet Security Fabric. 5th largest airline in the
United States.

A chain of double drive-thru
restaurants in the United States.

The company operates Checkers and
Rally's restaurants in 28 states,
and the District of Columbia.

One of the UK’s largest
universities, the University of
Birmingham is over 100 years
old with over 30,000 students
across the world.

Provider of online financial services
to more than 42 million individual
users and more than 300 corporate
users in Hong Kong,
Mainland China, and Indonesia.

A global leader in managed services
providing end-to-end fully managed
cybersecurity, networking, and
digital signage solutions tailored to the
unique business requirements
of today’s enterprise.

Sweden’s largest regional
health provider.

Orange is one of the world’s leading
telecommunications operators
and global provider of IT and
telecommunication services.

Provider of flexible hybrid IT
solutions for business
and government.

SoftBank is a multinational
conglomerate that aspires to drive
towards digital transformation.

HQ: United States
HQ: United States
HQ: United States
HQ: United Kingdom HQ: Hong Kong
HQ: Sweden
HQ: France HQ: Austrailia
HQ: Japan
City Council 14 – 67 4/15/2025
Hit the ground running with new capabilities
Fast-track return on investment with streamlined migration and deployment
Get expert help when you need it
Accelerate incident resolution and maximize efficacy with 24x7 assistance from technical experts
Enhance your security with tailored guidance
Increase productivity and avoid incidents with operational reviews, account planning, and upgrade assistance
FortiCare Services
Technical Support, Advanced Services, and
Professional Services
Expertise at Your Service
n 24x7 Global Support
n 1,400+ NSE and Industry
Certified Global Resources
n 3 Regional Centers of
Expertise
n 23 Support Centers
n 40 Regional Depots
n 200+ In-country Depots
n 4-hour Expedited Hardware
Replacement Availability
FortiCare Worldwide
24x7 Support
support.fortinet.com
Confidence in Your Investment
Businesses are making huge investments in security and Fortinet Security Fabric technologies to provide essential services critical to securing their most valuable assets. Organizations often lack the in-house expertise or resources for initial deployment, product support, and ongoing operations. At Fortinet, we understand these challenges and provide FortiCare Services to thousands of organizations every year to address them.

We want organizations to feel confident that they are maximizing the value of their investments quickly and realizing efficiency and efficacy gains over time. Whether migrating to a Fortinet Next-Generation Firewall (NGFW), implementing softwaredefined wide-area networking (SD-WAN) to protect your branch locations, or automating security operations functions, we will work with you to match the proper services with your unique business needs. We are dedicated to your success and provide the expertise you need when you need it.

Services
FortiCare Support Services is per-device support services, and it provides customers access to over 1,400 experts to ensure efficient and effective operations and maintenance of their Fortinet capabilities. Global technical support is offered 24x7 with flexible add-ons, including enhanced service level agreements (SLAs) and premium hardware replacement through 200+ in-country depots.

Advanced Services is account-based services, and provides high-touch account management and business guidance through designated resources to meet the needs of enterprises and service providers. Additionally, Enterprise Support Agreements (ESAs) are available to simplify consumption of the services. 1 City Council 14 – 68 4/15/2025
FortiCare Services | Technical Support, Advanced Services, and Professional Services 2 Professional Services provides accelerated implementation and configuration optimization through QuickStart or custom engagements leveraging the services of highly skilled experts to promote first-time accuracy and avoid costly post-deployment issues.

The Journey
Adopting new technologies is not a project with a start and a finish. Instead, it is a journey from design and implementation to operations, optimization, and ongoing management of the solution. Fortinet has you covered every step of the way, freeing up your resources to focus on your business.

Feature Highlights: Technical Support
Organizations depend on Fortinet solutions to provide critical services. If any issues arise, they need to be addressed quickly to help ensure security and business continuity. Flexible support options help organizations maximize uptime, security, and performance according to the individual needs of each business.

Fortinet offers three different per-device support options to meet the needs of different devices, i.e., FortiCare Essential, FortiCare Premium, and FortiCare Elite. Organizations have the flexibility to buy different levels of service for different devices based on their needs.

FortiCare Essential
FortiCare Essential is the base-level
service, and it is targeted toward devices
that require a limited amount of support
and can tolerate next-business-day,
web-only response for critical as well as
non-critical issues. This service is only
offered to FortiGate models 8x and below
and to low-end FortiWifi devices.

FortiCare Premium
FortiCare Premium is targeted toward
devices that require 24x7x365 with
one-hour response for critical issues
and the next business-day response
for non-critical issues.

FortiCare Elite
FortiCare Elite services offers enhanced
service-level agreements (SLAs) and
accelerated issue resolution. This
advanced support offering provides
access to a dedicated support team.

Single-touch ticket handling by the
expert technical team streamlines
resolution. This option also provides
Extended End-of-Engineering-Support
(EoE’s) of 18 months for added flexibility
and access to the new FortiCare Elite
Portal. This intuitive portal provides
a single unified view of device and
security health.

City Council 14 – 69 4/15/2025
FortiCare Services | Technical Support, Advanced Services, and Professional Services 3 FortiCare
Included Features
Per-device Service Options
FortiCare

ESSENTIAL
FortiCare

PREMIUM
FortiCare
ELITE
RMA Return and replace only Advanced replacement
(PRMA available)
Advanced replacement
(PRMA available)
Web Support ✓ ✓ ✓
Telephone Support — ✓ ✓
Firmware Updates ✓ ✓ ✓
Asset Management Portal ✓ ✓ ✓
Response Time (Critical Issue) Next business day 1 hour 15 mins Response Time (Non-critical Issue) Next business day Next business day 2 business hours Extended End-of-Engineering-Support (E-EoES) for
Long Term Supported Firmware (LTS) of 18 months* — — ✓
Device Insights and Monitoring Portal
(FortiCare Elite Portal) — — ✓
FortiCare Service Offerings
FortiCare Services is provided by the support teams located in the three regional Technical Assistance Centers (TACs) and three regional Centers of Excellence (COE).

Fortinet Technical Assistance Centers
Regional COE:
n Vancouver
n Sophia Antipolis
n Kuala Lumpur
AMER Regional TAC:
n Ottawa
n Chicago
n Sunnyvale
n Plano
n Sunrise
n Mexico City
n Bogota
n Uberlandia
EMEA Regional TAC:
n Bangalore
n Dubai
n Frankfurt
n Prague
n Lisbon
n Tel Aviv
APAC Regional TAC:
n Beijing
n Sydney
n Seoul
n Tokyo
n Manila
n Singapore
* Currently available for FortiGate only
City Council 14 – 70 4/15/2025
FortiCare Services | Technical Support, Advanced Services, and Professional Services 4 Self-service Resources
For expedited answers, Fortinet maintains ample self-service resources to get you the answers you need, fast. All the answers to your questions are now in one place. The Fortinet community is a knowledge-sharing hub for customers, partners, Fortinet experts, and colleagues. The community is a place to collaborate, share insights and experiences, and get answers to questions. community.fortinet.com
Feature Highlights: Advanced Services
For enhanced security and tailored guidance, FortiCare Advanced Services gives you direct assistance from technical experts who know your business and can help accelerate issue resolution. With designated account management and service delivery, you can focus on your business while we focus on your success.

Designated Advanced
Technical Support for focused resolution of incoming technical support issues.

Service Relationship
Management
annual service and performance review. Quarterly operational review to cover technical ticket statistics, quality issues, overall ongoing ticket analysis, product life cycle, ongoing activity, and 90-day project planning.

Root Cause Analysis of critital incidents (Priority-1 and Priority-2) related to Fortinet appliances.

Upgrade Assistance which may include software recommendation, upgrade testing, and planning assistance.

Advanced Service Points for remote after-hours assistance, product upgrade assistance, and software recommendations.

Annual Training Package including NSE 4 and NSE 5 training and certification vouchers.

Entitlements vary by level but can include:

City Council 14 – 71 4/15/2025
FortiCare Services | Technical Support, Advanced Services, and Professional Services 5 Enterprise Services offerings come in four levels: Premium, Business, First, and Global First..

Service Provider offerings come in two levels: Select and Elite. Benefits vary by level.

FortiCare
Included Features
Account-level Advanced Services
Premium Business First Global First
Technical Support 24x7x365 24x7x365 24x7x365 24x7x365
Direct Access to ASE Team ✓ Designated ASE Lead TAM 3 Regional TAMs Enhanced Reponse SLA ✓ ✓ ✓ ✓
Business Review — Biannual Quarterly Quarterly
Account Planning ✓ ✓ ✓ ✓
Device Performance Advice — — ✓ ✓
Device Configuration Advice — — ✓ ✓
Root Cause Analysis — P1 P1/P2 P1/P2
NSE 4 Training & Certification 3 3 5 15
NSE 5 Training & Certification — 3 5 15
Advanced Services Points — 6 16 48
FortiCare
Included Features
Account-level Advanced Services
Select Elite Global Elite
Technical Support 24x7x365 24x7x365 24x7x365
Direct Access to ASE Team ✓ Lead TAM Lead TAM
Enhanced Reponse SLA ✓ ✓ ✓
Business Review — Quarterly Quarterly
Account Planning ✓ ✓ ✓
Performance/Configuration Advice — ✓ ✓
Designated Relationship Manager ✓ ✓ ✓
18-month Extended Firmware — ✓ ✓
Lab Testing 5 Days 5 Days 15 Days
Upgrade Assistance — 2 Products 6 Products
Root Cause Analysis P1/P2 P1/P2 P1/P2
NSE 4 Training & Certification 3 5 15
NSE 5 Training & Certification 3 5 15
Advanced Services Points 6 12 36
City Council 14 – 72 4/15/2025
FortiCare Services | Technical Support, Advanced Services, and Professional Services 6 Key benefits to engaging Fortinet Professional Services:

In addition, Global First for Enterprises and Global Elite for Service Providers are available to extend the geographical coverage of the service. These service levels provide a designated lead engineer per region covering EMEA, Americas, and Asia Pacific.

The service features, as described in the First service, are provided within each region with global coordination.

Feature Highlights: Professional Services
As networks and threats rapidly evolve, it’s critical to make sure security capabilities can keep up. Given the global cybersecurity skills shortage, today’s organizations often lack the in-house expertise or enough staff to deploy, operate, and maintain the new technologies required to close security gaps. FortiCare Professional Services delivers expert help to ensure Fortinet deployments are optimized for each customer’s unique needs.

Professional Services provides Design, Deploy, Operate, Optimize, and Evolve services. In addition, Professional Services also offers product-agnostic consulting services.

Design
Business Alignment
• High-level Design
• Low-level Design
• Product-agnostic Workshops
• Site Survey
Evolve
Personalized Care
• Product Upgrade Assistance
• Transformation Readiness
• Migration and Replacement
• Lab Testing
Optimize
Performance Excellence
• Health Checks
• Software Upgrade Recommendation
• Incident Readiness
• Penetration Testing
Deploy
Acceleated Implementation
• Migration
• Configuration
• Validation
• Knowledge Transfer
Operate
Reliable Assistance
• Resident Engineer
• Training
Faster Time-to-Value
Increased Service Uptime
Access to Industry Expertise
Increased Productivity
Hit the ground running with new capabilities, achieve faster time-to-value with streamlined expert deployment of Fortinet products and solutions.

Achieve increased uptime by leveraging subject matter experts who can proactively review changes, performance, and policies for reliability and sustained security.

Supplement in-house teams with dedicated resources that can bring industry expertise to perform upgrades or handle technical incidents.

Increase staff productivity by offloading redundant operational tasks including configurations to Fortinet domain experts who know your business
City Council 14 – 73 4/15/2025
FortiCare Services | Technical Support, Advanced Services, and Professional Services Copyright © 2022 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. www.fortinet.com
April 29, 2022 12:09 PM
FIDDLE LEAF:Graphic Design:Fortinet:Projects:fa-forticare-services-brochure:fa-forticare-services-brochure-042922 Folder:fa-forticare-services-brochure-042922 1563571-0-0-EN
Cybersecurity Advisory and Consulting Services allow our experts to partner with business leaders, helping organizations be at their best through this ever-changing environment. Fortinet experts discover existing security posture elements through a vendor-agnostic approach; align findings to business goals, strategic objectives, and compliance requirements; and guide existing projects and future planning toward framework maturity.

Discover
Business Goals
Security Posture
Systems/Objectives
Align
Security Framework
Compliance Requirements
Strategic Objectives
Guide
Architectural Design
Operational Practices
Maturity Roadmap
Threats
What are the most
important threats on which
I should focus?
Environment
Is my environment as
secure as it needs to be?
Operations
Are my people
properly trained to
defend us against the
threats we face?
FortiGuard Labs Consulting
Consulting services are designed to help your organization address your specific threat landscapes and improve your organization’s ability to use threat intelligence to meet that challenge. These services leverage the expertise and experience of the FortiGuard Labs team and provide the answers to the questions organizations are asking most:

City Council 14 – 74 4/15/2025
Fortinet Product Certifications

BROCHURE
2H’21
City Council 14 – 75 4/15/2025
BROCHURE | Fortinet Product Certifications
2 Fortinet Product Certifications
Organizations looking to expand, upgrade, or replace their security solutions often find themselves struggling to compare solutions from different vendors. In addition to consistent information about features and functions, they also need information about the compliance and certification level of individual solutions and whether they will enable them to meet regulatory requirements.

To help companies navigate this process, third-party labs and auditors conduct independent testing to enable a fair comparison between products for things like performance, compliance, and functionality. Using industry standards and advanced benchmarking technologies, such as independent validation of products and services, is essential for businesses to evaluate whether a solution will meet their unique business requirements.

Third-party Testing
Fortinet has actively participated in third-party testing since we first opened our doors. We are committed to the testing and certification process and believe that it provides three key benefits:
n It validates our design and development process. Third-party labs set standards for functionality, performance, and real-world use cases that help drive the development of key features.

Certifications At-a-Glance
n Fortinet’s commitment to
innovation and excellence
has earned the respect of
independent test labs around
the world
n 25+ years of consistent
testing and compliance
n A wide range of global
certifications across verticals
n It helps improve our technology. Direct feedback from standardized benchmark testing helps us in our effort to continually improve our technologies.
n It allows our customers to easily compare our technologies against solutions from other vendors. Annual testing helps us set the bar higher every year, with the objective of achieving a leadership position in every test in which we participate.

Certifications and Regulatory Compliance
Public and private sector organizations alike require solutions that meet regulatory and compliance requirements. Fortinet is committed to meeting a wide range of national, regional, and international requirements, and we subject our solutions and services to independent third-party audits and testing to guarantee compliance.

The Fortinet Certifications Resource Center (CRC)
Fortinet’s CRC is the repository for product compliance reports, certifications, and independent validation results from unbiased agencies. The scope of Fortinet’s product certifications includes the following categories:

Product Certifications
Independent lab testing of Fortinet
products using industry standards,
best practices, and real-world
testing environments
Information Security
Certifications and examinations of
Fortinet’s infrastructure security
and networking solutions
Compliance
Certifications attesting to
Fortinet products’ compliance
with public sector regulatory
frameworks and standards
City Council 14 – 76 4/15/2025
BROCHURE | Fortinet Product Certifications
3 Product Certifications Overview
Category Certification Description Latest Publication Date Product
Certifications
ICSA Labs
ICSA Labs is an independent division of Verizon. They provide third-party testing and certification of security and health-related IT products and network-connected devices to measure product compliance, reliability, and performance.

IPsec VPN 08/10/2021
Firewall 08/25/2021
WAF 09/27/2021
AV-Comparatives
AV-Comparatives is an independent lab offering systematic testing to determine whether security software—such as PC/Mac-based antivirus products and mobile security solutions—lives up to its claims. Using one of the largest sample collections in the world, they create a real-world environment for truly accurate testing. Certification by AV-Comparatives provides a globally recognized seal of approval for software performance.

Business Security Test:

Mar-Jun 2021
SE Labs
SE Labs tests a range of solutions, including endpoint software, network appliances, and cloud services, on their ability to detect attacks, protect against intrusions, or both.

Email Security Services
Protection: Jan-Mar 2020
MEF 3.0
MEF 3.0 is an SD-WAN Certification Program that uses Spirent as their SDWAN Authorized Certification and Test Partner (ACTP). Certification involves rigorous tests of the service attributes and requirements defined in MEF 70 and described in detail in the upcoming MEF SD-WAN Certification Test Requirements (MEF W90) standard.

MEF 3.0 SD-WAN:

Jun 2020
Virus Bulletin
VB is a world leader in security software testing. Their publicly available test reports cover anti-malware protections of all types as well as enterprise-level email and web security solutions.

VBSpam Sept 2021
VB100 Sept 2021
MITRE Engenuity
MITRE Engenuity's ATT&CKTM evaluations assess the ability of a vendor's solutions to defend against specific adversary tactics and techniques. They openly publish these results to provide end-users with the information needed to make good purchasing decisions. These evaluations are not a competitive analysis. There are no scores, rankings, or ratings. Instead, they show how each vendor approaches threat detection in the context of the MITRE ATT&CK knowledge base to provide an unbiased assessment of detection and protection capabilities and highlight potential gaps to drive the industry forward.

Round 3: Fin7/Carbanak:

Apr 2021
Information
Security
SOC2
SOC2 is an auditing procedure that ensures that service providers securely manage their customers' data. It covers their security, availability, processing integrity, confidentiality, and/or privacy controls. Compliance is based on the AICPA's (American Institute of Certified Public Accountants) TSC (Trust Services Criteria).

SOC2 Type 2:

Apr-Sept 2021
ISO
ISO/IEC 27001 is an international standard for managing information security. It defines requirements and controls for establishing, implementing, maintaining, and continually improving an organization's Information Security Management System (ISMS).

ISO/IEC 27001:

Jun 2021-Jun 2024
Government
Regulations
FIPS Validated
The Federal Information Processing Standard 140-2 (FIPS 140-2) is an information technology security accreditation program for validating cryptographic modules developed by vendors that meet well-defined security standards.

FIPS 140-2
Level 1 Aug 2021
FIPS 140-2
Level 2 Sept 2021
Common Criteria
Common Criteria is an international standard (ISO/IEC 15408) operated by 17 certificate-authorizing nations. 31 countries have accepted it for their respective government acquisition requirements for their IT/networking infrastructures.

CC EAL4+ Oct 2021
FWcPP+IPS
+VPN Jan 2021
City Council 14 – 77 4/15/2025
BROCHURE | Fortinet Product Certifications
Copyright © 2021 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. www.fortinet.com
December 17, 2021 9:47 AM
1380665-0-0-EN
Summary
Fortinet is committed to the independent testing and certification of its products and services. ICSA, AV-Comparatives, Virus Bulletin, and other independent testing organizations have consistently validated the effectiveness of Fortinet solutions.

Fortinet earned ICSA’s prestigious Excellence in Information Security Testing (EIST) award for 15 years of participation in 2017 and has been recognized by ICSA for outstanding achievement in information security certification testing 10 years in a row. “Real-world third-party validation is an essential resource for enterprises considering security products, helping to cut through the confusion that can be caused by vendor marketing. Fortinet relies on a variety of third-party testing and compliance labs to provide reliable information to organizations making critical security purchasing decisions. They also demonstrate Fortinet’s commitment to meeting high industry standards for security detection, performance, reliability, management, and value.” - Fortinet CEO Ken Xie
City Council 14 – 78 4/15/2025
Product License Agreement / EULA and Warranty Terms
Product License Agreement
The parties to this agreement are you (the end-customer) and Fortinet, Inc. ("Fortinet"). CAREFULLY READTHE FOLLOWING LEGAL AGREEMENT (THE OR THIS “AGREEMENT” OR “EULA”). USE OR INSTALLATION OF FORTINET PRODUCT(S) AND ANY UPDATES

THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS, SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE "PRODUCTS") CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS IN

ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF FORTINET. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT, IMMEDIATELY NOTIFY FORTINET LEGAL [email protected] OF REQUESTED EULA CHANGES.

1. License Grant.

This is a license agreement between you and Fortinet, not a sales agreement. The term "Software", as used throughout this Agreement, includes all Fortinet and third party firmware and software provided to you with, or incorporated into, Fortinet appliances and any stand-alone software provided to you by Fortinet, with the exception of any open source software contained in Fortinet’s Products which is discussed in detail in section 15 below, and the term “Software” includes any accompanying documentation, any updates and enhancements of the software or firmware provided to you by Fortinet, at its option. Fortinet grants to you a nontransferable (except as provided in section 5 ("Transfer") and section 15 ("Open Source Software") below), non-exclusive, revocable (in the event of your failure to comply with these terms, in the event of termination, or in the event Fortinet is not properly paid for the applicable Product) license to use the Software solely for your internal business purposes (provided, if (a) agreed by Fortinet in writing, (b) you are authorized by Fortinet in writing to provide managed service provider services (“MSSP”) to your end-customers, and (c) you pay for an MSSP license, then you may use the Software and/or Software embedded in Fortinet Hardware to provide those services, subject to the other restrictions in this Agreement), in accordance with the terms set forth in this Agreement and subject to any further restrictions in Fortinet documentation (including license term restrictions), and solely on the Fortinet appliance, or, in the case of blades, CPUs, platform, devices or databases, on the single blade, CPU, platform, device or database on which Fortinet installed the Software, or, for stand-alone Software, solely on a single computer running a validly-licensed copy of the operating system for which the Software was designed unless and except set forth in the published documentation otherwise. For clarity, notwithstanding anything to the contrary, all licenses of Software to be installed on blades, CPUs, platforms, devices or databases are licensed per blade, solely for one blade and not for multiple blades that may be installed in a chassis, per CPU, per platform, per device, or per database basis, up to the blade, CPU, platform, device, database number defined in the license and as applicable and in accordance with the documentation. The Software is "in use" on any appliances, blades, CPUs, platforms, devices, or databases when it is loaded into temporary memory (i.e. RAM), accessed, downloaded, installed, or used on an appliance, blade, CPU, platform, device, or database. You agree that, except for the limited, specific license rights granted in this section 1, you receive no license rightsto the Software.

2. Limitation on Use.

You are prohibited from and may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and contractors from attempting to: (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, or distribute the Software; (b) rent or lease any rights in the Software in any form to any third party or make the Software available or accessible to third parties in any other manner (except as expressly permitted for MSSP partners); (c) transfer assign or sublicense right to any other person or entity (except as provided in section 5): (d) remove any proprietary notice, labels, or marks on the Software, Products, and containers; (e) use the Software to determine, or disclose the results of, any benchmarking or performance measurements; (f) interfere with a platform for use of the Software; (g) use the Software on a device not owned and controlled by you; (h) use automated means to access online portions of the platform for the Software; (i) use the Software for thirdparty training, commercial time-sharing or service bureau use or (except as expressly set forth in this Agreement) use the Software to provide services to third parties, (j) share non-public features or content of the software with any third party; (k) access the software in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the software, or to copy any ideas, features, functions or graphics of the software; or, (l) engage in web scraping or data scraping on or related to the software, including without limitation, collection of information through any software that simulates human activity or any bot or web crawler.

3. Proprietary Rights.

All rights (including copyrights, trade secret, patent and other intellectual property rights), title, interest in and to the Software and any Product, and any copy thereof remain with Fortinet. You acknowledge that no title or other intellectual property rights in the Software or other Products is transferred to you and you will not acquire any rights to the Software or other Products except for the specific limited license as expressly set forth in section 1 (“License Grant”) above. You expressly agree and acknowledge that Fortinet owns, retains, and shall retain all intellectual property rights in and to, and you have no intellectual property rights in and to, the Products and the Software other than the License Grant. You agree to keep confidential all Fortinet confidential information and only to use such information for the purposesfor which Fortinet disclosed it.

4. Term and Termination.

The term of the license is the shorter of (a) the term as set forth in the ordering documents, other Fortinet documentation, or per Fortinet practices or policies (such as with evaluation or beta licenses or subscription or other term licenses) and (b) for the duration of Fortinet's copyright in the Software. Fortinet may terminate this Agreement, and the licenses and other rights herein, immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement or for other reasons as stated in Fortinet’s other documentation. You agree that, upon such termination, you will cease using the Software and any Product and either destroy all copies of the Fortinet documentation or return all materials to Fortinet.

5. Transfer.

If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless specifically agreed to in writing by Fortinet) the Software to one end user on a permanent basis, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Further, if you are a non-authorized reseller of Products and Services, you are not authorized to sell Product(s), Software or Services, but, regardless, by selling Product(s), Software or Services, you hereby agree you are bound by the restrictions and obligations herein and are bound to: (i) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all restrictions and obligations herein (ii) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (iii) comply with all applicable United States export control laws and regulations and all other applicable laws, and (iv) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you but does not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Notwithstanding anything to the contrary, distributors, resellers and other Fortinet partners (a) are not agents of Fortinet and (b) are not authorized to bind Fortinet in any way. Fortinet’s license, warranty, and support is only available for Products that you purchased directly from an authorized Fortinet channel partner. Products not purchased from an authorized Fortinet channel partner are not eligible, will not be supported, and may be blocked from registration.

6. Limited Warranty.

Fortinet provides this limited warranty for its product only to the single end-user person or entity that originally purchased the Product from Fortinet or its authorized reseller or distributor and paid for such Product. The warranty is only valid for Products which are properly registered on Fortinet’s Support Website, https://support.fortinet.com, or such other website as provided by Fortinet, or for which the warranty otherwise starts according to Fortinet’s policies, and any support is only valid for products properly purchased through authorized distributors and resellers. The warranty periods discussed below willstart according to Fortinet’s policies posted at http://www.fortinet.com/aboutus/legal.html or such other website as provided by Fortinet. It is the Fortinet distributor’s and reseller’s responsibility to make clear to the end user the date the product was originally shipped from Fortinet, and it isthe end user’s responsibility to understand the original ship date from the party from which the end user purchased the product. All warranty claims must be submitted in writing to Fortinet before the expiration of the warranty term or such claims are waived in full. Fortinet provides no warranty for any beta, donation or evaluation Products. Fortinet warrants that the hardware portion of the Products ("Hardware") will be free from material defects in workmanship as compared to the functional specifications for the period set forth as follows and applicable to the Product type ("Hardware Warranty Period"): (a) a three hundred sixty-five (365) day limited warranty for the Hardware products; (b) for FortiAP, the warranty herein shall last from the start of the warranty period as discussed above until five (5) years following the product announced end-of-life date Hardware; (c) for FortiSwitch Hardware appliance products other than the FortiSwitch-5000 series, the warranty herein shall last from the start of the warranty period as discussed above until five (5) years following the product announced end-of-life date Hardware. Fortinet's sole obligation shall be to repair or offer replacement Hardware for the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labor, deinstallation, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto. Such repair or replacement will be rendered by Fortinet at an authorized Fortinet service facility as determined by Fortinet.

The replacement Hardware need not be new or of an identical make, model, or part; Fortinet may, in its discretion, replace the defective Hardware (or any part thereof) with any reconditioned Product that Fortinet reasonably determines is substantially equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or replacement Hardware shall be for the greater of the remaining Hardware Warranty Period or ninety days from the delivery of the repaired or replacement Hardware. If Fortinet determines in its reasonable discretion that a material defect is incapable of correction or that it is not practical to repair or replace defective Hardware, the price paid by the original purchaser for the defective Hardware will be refunded by Fortinet upon return to Fortinet of the defective Hardware. All Hardware (or part thereof) that is replaced by Fortinet, or for which the purchase price is refunded, shall become the property of Fortinet upon replacement or refund. Fortinet warrants that Software as initially shipped by Fortinet will substantially conform to Fortinet's then-current functional specifications for the Software, as set forth in the applicable documentation for a period of ninety (90) days ("Software Warranty Period"), if the Software is properly installed on approved Hardware and operated as contemplated in its documentation. Fortinet's sole obligation shall be to repair or offer replacement Software for the non-conforming Software with software that substantially conforms to Fortinet's functional specifications. This obligation is exclusive of transport fees, labor, de-installation, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto. Except as otherwise agreed by Fortinet in writing, the warranty replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by Fortinet for the Software. The Software Warranty Period shall extend for an additional ninety (90) days after any warranty replacement software is delivered. If Fortinet determines in its reasonable discretion that a material nonconformance is incapable of correction or that it is not practical to repair or replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by Fortinet; provided that the non-conforming Software (and all copies thereof) is first returned to Fortinet. The license granted respecting any Software for which a refund is given automatically terminates immediately upon refund. For purpose of the above hardware and software warranties, the term “functional specifications” means solely those specifications authorized and published by Fortinet that expressly state in such specifications that they are the functional specifications referred to in this section 6 of this Agreement, and, in the event no such specifications are provided to you with the Software or Hardware, there shall be no warranty on such Software.

7. Disclaimer of Other Warranties and Restrictions.

EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED "AS-IS"

WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY

IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTINET. EXCEPT AS EXPRESSLY

COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE HARDWARE

WARRANTY PERIOD DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTITOKEN WHICH HAS A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM FORTINET’S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY

AND NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE, AND FORTINET DISCLAIMS LIABILITY REGARDING YOUR WEB BROWSER’S REQUIREMENTS OR ANY THIRD PARTY DEVICE OR APPLIANCE USED TO OPERATE THE SOFTWARE.

The warranty in Section 6 above does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Fortinet or its authorized representative, (b) has not been installed, operated, repaired, updated to the latest version, or maintained in accordance with instructions supplied by Fortinet, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation, testing or demonstration purposes or for which Fortinet does not charge a purchase price or license fee; or (e) is procured from a nonauthorized reseller or non-authorized distributor. In the case of beta, testing, evaluation, donation or free Software or Product, the end user acknowledges and agrees that such Software or Product may contain bugs or errors and could cause system failures, data loss and other issues, and the end user agrees that such Software or Product is provided “as-is” without any warranty whatsoever, and Fortinet disclaims any warranty orliability whatsoever. An end user’s use of evaluation or beta Software or Product islimited to thirty (30) daysfrom original shipment unless otherwise agreed in writing by Fortinet. For clarity, notwithstanding anything to the contrary, allsales are final and no provision in this EULA entitles you to return Products, other than as expressly set forth herein.

8. Governing Law.

Any disputes arising out of this Agreement or Fortinet’s limited warranty shall be governed by the laws of the state of California, without regard to the conflict of laws principles. In the event of any disputes arising out of this Agreement or Fortinet’s limited warranty, the parties submit to the jurisdiction of the federal and state courts located in Santa Clara County, California, as applicable, and agree that any controversy or claim arising out of or relating to this Agreement shall be determined in the federal and state courts located in Santa Clara County, California, as applicable.

9. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET IS NOT LIABLE

UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY

LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL

OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DEINSTALLATION AND INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER

FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA

CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR

WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTY IN SECTION 6 ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS, AT FORTINET’S SOLE AND ABSOLUTE DISCRETION:

REPAIR, REPLACEMENT, OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE; PROVIDED, HOWEVER, IN NO EVENT SHALL ANY END-CUSTOMER REMEDIES UNDER THIS EULA AND ANY SUPPORT

AGREEMENT EXCEED THE AMOUNT PAID TO FORTINET FOR THE SPECIFIC APPLICABLE DEFECTIVE OR NON-CONFORMING PRODUCT AT ISSUE.

10. Compliance with Laws, including Import/Export Laws and FCPA.

You are advised that the Products may be subject to the United States Export Administration Regulations and other import and export laws; diversion contrary to United States law and regulation is prohibited. You agree to comply with all applicable international and national laws that apply to the Products as well as end user, end-use, and destination restrictions issued by U.S. and other governments. For additional information on U.S. export controls see https://www.bis.doc.gov. Fortinet assumes no responsibility or liability for your failure to obtain any necessary import and export approvals and licenses, and Fortinet reserves the right to terminate or suspend shipments,services and support in the event Fortinet has a reasonable basisto suspect any import or export violation.

You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Products for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, you agree not to directly or indirectly export, import or transmit the Products contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Furthermore, you hereby agree that, for any orders that you place with Fortinet whereby any legal or regulatory requirements may apply to Fortinet such as requirements related to the International Traffic in Arms Regulations, or Buy American Act, or the Trade Agreements Act: you are responsible to ensure the Purchase Order submitted to Fortinet by you and/or any partners clearly states the specific requirement in writing, or otherwise Fortinet is not bound by any such requirements. You represent that you understand, and you hereby agree to comply with, all applicable laws including but not limited to the U.S. Foreign Corrupt Practices Act . You represent that you hereby agree that you and your employees have not accepted, and will not accept, anything of value, including money, meals, entertainment, paid-for travel, beta, testing, evaluation, donation or free Products and/or related services, or anything else of value, in exchange for Fortinet maintaining current business or for new business opportunities. You represent and warrant to Fortinet that you and your employees, consultants, agents and representatives will not use Fortinet’s products and services to engage in, or support in any way, violations or abuses of human rights, including those involving censorship, surveillance, detention, or excessive use of force. You agree you and your employees will be responsible to comply in full with all laws and policies applicable to any and all dealings with Fortinet in general and its distributors, resellers and partners.

11. U.S. Government End Users.

The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement and itssuccessors.

12. Tax Liability.

You agree to be responsible for payment of any sales or use taxesimposed at any time on thistransaction.

13. General Provisions.

Except as specifically permitted and required in section 5 (“Transfer”) above, you agree not to assign this Agreement or transfer any of the rights or obligations under this Agreement without the prior written consent of Fortinet. This Agreement shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties. The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. This Agreement and other Fortinet agreements may be amended or supplemented only by a writing that refers explicitly to the agreement signed on behalf of both parties, or, for this Agreement, as otherwise expressly provided in the lead-in above Section 1 above, provided, notwithstanding anything to the contrary and except for this Agreement which may be amended or updated as expressly provided in the lead-in above Section 1 above, for any amendment or other agreement to be binding on Fortinet, such amendment or other agreement must be signed by Fortinet’s General Counsel. No waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent permitted and the remainder shall continue in full force and effect. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. Notwithstanding anything to the contrary, this EULA constitutes the entire agreement between Fortinet and its end-customers and supersedes any and all prior representations or conflicting provisions, such as limitations of liability, warranties, or otherwise in any and all purported end customer agreements, whether entered into now or in the future. In the event of a conflict between this EULA and another agreement, this EULA shall prevail unless the conflicting agreement expressly states that it replaces this EULA, expressly referring to this EULA, and is agreed to in writing by authorized representatives of the parties (which, in the case of Fortinet, is Fortinet’s General Counsel).

14. Privacy.

You agree to Fortinet’s collection, use, disclosure, protection and transfer of your information, as set forth in the Fortinet privacy policy on the Fortinet web site (http://www.fortinet.com/about-us/privacy.html), including (a) Fortinet’s use of the Customer information to send information regarding Fortinet products and services; and (b) Fortinet’s disclosure of your information to provide assistance to law enforcement, governmental agencies and other authorities or to allow Fortinet to protect its Customers’ and/or end users’ rights.

15. Open Source Software.

Fortinet’s products may include software modulesthat are licensed (orsublicensed) to the user under the GNUGeneral Public License, Version 2, of June 1991 (“GPL”) or GNU Lesser General Public License, Version 2.1, of February 1999 (“LGPL”) or other open source software licenses which, among other rights, permit the user to use, copy, modify and redistribute modules, or portions thereof, and may also require attribution disclosures and access to the source code ("Open Source Software"). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses require that Fortinet provide rights to use, copy or modify any Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein. Fortinet will provide, for a charge reflecting our standard distribution costs, the complete machine-readable copy of the modified software modules. To obtain a complete machine-readable copy, please send your written request, along with a check in the amount of US $25.00, to General Public License Source Code Request, Fortinet, Inc., 899 Kifer Rd, Sunnyvale, CA 94086 USA. To receive the modified software modules, you must also include the following information: (a) Name, (b) Address, (c) Telephone number, (d) E-mail Address, (e) Product purchased (if applicable), (f) Product Serial Number (if applicable). All open source software modules are licensed free of charge. There is no warranty for these modules, to the extent permitted by applicable law. The copyright holders provide these software modules “AS-IS” without warranty of any kind, either expressed or implied. In no event will the copyright holder for the open source software be liable to you for damages, including any special, incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been advised of the possibility of such damages. A full copy of this license, including additional open source software license disclosures and third party license disclosures applicable to certain Fortinet products, may obtained by contacting Fortinet’s Legal Department at [email protected].

GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time.

Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY

KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT

HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED

ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT

NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR

THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you".

A "library" means a collection of software functions and/or data prepared so as to be conveniently linked with application programs (which use some of those functions and data) to form executables.

The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".) "Source code" for a work means the preferred form of the work for making modifications to it. For a library, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the library.

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does.

1. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Library or any portion of it, thus forming a work based on the Library, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) The modified work must itself be a software library. b) You must cause the files modified to carry prominent notices stating that you changed the files and the date of any change.
c) You must cause the whole of the work to be licensed at no charge to all third parties under the terms of this License. d) If a facility in the modified Library refers to a function or a table of data to be supplied by an application program that uses the facility, other than as an argument passed when the facility is invoked, then you must make a good faith effort to ensure that, in the event an application does not supply such function or table, the facility still operates, and performs whatever part of its purpose remains meaningful.

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Library, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Library, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Library. In addition, mere aggregation of another work not based on the Library with the Library (or with a work based on the Library) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may opt to apply the terms of the ordinary GNU General Public License instead of this License to a given copy of the Library. To do this, you must alter all the notices that refer to this License, so that they refer to the ordinary GNU General Public License, version 2 instead of to this License. (If a newer version than version 2 of the ordinary GNU General Public License has appeared, then you can specify that version instead if you wish.) Do not make any other change in these notices.

Once this change is made in a given copy, it is irreversible for that copy, so the ordinary GNU General Public License applies to all subsequent copies and derivative works made from that copy. This option is useful when you wish to copy part of the code of the Library into a program that is not a library.

4. You may copy and distribute the Library (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you accompany it with the complete corresponding machinereadable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange.

If distribution of object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place satisfies the requirement to distribute the source code, even though third parties are not compelled to copy the source along with the object code.

5. A program that contains no derivative of any portion of the Library, but is designed to work with the Library by being compiled or linked with it, is called a "work that uses the Library". Such a work, in isolation, is not a derivative work of the Library, and therefore falls outside the scope of this License.

However, linking a "work that uses the Library" with the Library creates an executable that is a derivative of the Library (because it contains portions of the Library), rather than a "work that uses the library". The executable is therefore covered by this License. Section 6 states terms for distribution of such executables.

When a "work that uses the Library" uses material from a header file that is part of the Library, the object code for the work may be a derivative work of the Library even though the source code is not.

Whether this is true is especially significant if the work can be linked without the Library, or if the work is itself a library. The threshold for this to be true is not precisely defined by law.

If such an object file uses only numerical parameters, data structure layouts and accessors, and small macros and small inline functions (ten lines or less in length), then the use of the object file is unrestricted, regardless of whether it is legally a derivative work. (Executables containing this object code plus portions of the Library will still fall under Section 6.) Otherwise, if the work is a derivative of the Library, you may distribute the object code for the work under the terms of Section 6. Any executables containing that work also fall under Section 6, whether or not they are linked directly with the Library itself.

6. As an exception to the Sections above, you may also combine or link a "work that uses the Library" with the Library to produce a work containing portions of the Library, and distribute that work under terms of your choice, provided that the terms permit modification of the work for your own use and reverse engineering for debugging such modifications. You must give prominent notice with each copy of the work that the Library is used in it and that the Library and its use are covered by this License. You must supply a copy of this License. If the work during execution displays copyright notices, you must include the copyright notice for the Library among them, as well as a reference directing the user to the copy of this License. Also, you must do one of these things:
a) Accompany the work with the complete corresponding machine-readable source code for the Library including whatever changes were used in the work (which must be distributed under Sections 1 and 2 above); and, if the work is an executable linked with the Library, with the complete machine-readable "work that uses the Library", as object code and/or source code, so that the user can modify the Library and then relink to produce a modified executable containing the modified Library. (It is understood that the user who changes the contents of definitions files in the Library will not necessarily be able to recompile the application to use the modified definitions.) b) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (1) uses at run time a copy of the library already present on the user's computer system, rather than copying library functions into the executable, and (2) will operate properly with a modified version of the library, if the user installs one, as long as the modified version is interface-compatible with the version that the work was made with. c) Accompany the work with a written offer, valid for at least three years, to give the same user the materials specified in Subsection 6a, above, for a charge no more than the cost of performing this distribution. d) If distribution of the work is made by offering access to copy from a designated place, offer equivalent access to copy the above specified materials from the same place.
e) Verify that the user has already received a copy of these materials or that you have already sent this user a copy.

For an executable, the required form of the "work that uses the Library" must include any data and utility programs needed for reproducing the executable from it. However, as a special exception, the materials to be distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute.

7. You may place library facilities that are a work based on the Library side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined library, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise permitted, and provided that you do these two things:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities. This must be distributed under the terms of the Sections above. b) Give prominent notice with the combined library of the fact that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License.

Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

9. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it.

10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties with this License.

11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Library at all. For example, if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

13. The Free Software Foundation may publish revised and/or new versions of the Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Library specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation.

14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

15. The warranty disclaimer contained in Sections 11 and 12 of the preceding GPL License is incorporated herein.

March 2021 EULA; Copyright © 2021 City Council Fortinet, Inc., All Rights Reserved. Contents and Terms Are Subject to Change by Fortinet Without Prior Notice. 14 – 80 4/15/2025 Page 2 of 2 Reseller Name Contact Email
11:11 Systems Matthew Parsons [email protected] 43tc Julie McDermott [email protected]
5S Technologies Michael Overton [email protected] ACC Technical Services, Inc (Acctek) Paul White [email protected] ACP CreativIT LLC Chris Nelson [email protected]
Ahead, Inc. Brooks Souders [email protected]
Airgap Labs LLC Frank Wang [email protected]
All Covered Michael Parezo [email protected]
AMS.NET Thomas Vasconi [email protected]
Aspire Technology Partners, LLC Daniel Bongiovanni [email protected] BCI, Inc. Robin Carpenter [email protected]
Blackhawk Data Maryanne Pagano [email protected]
BorderLAN Security Diane Rogers [email protected]; [email protected] C2 Enterprises Phil Thompson [email protected] Carolina Advanced Digital Susan Jabbusch [email protected] Carousel Industries of North America, LLC Lauren Testa [email protected] Chromis Technology, LLC Zach Garcia [email protected] CNI Sales, Inc. Tim Kirk [email protected]
Compuquip Cybersecurity Luis Santiago [email protected] Computacenter Mitzi Justice [email protected] CCNY Tech Jason Germond [email protected]
ComSource Phil Gadsden [email protected]
Continental Resources, Inc. (ConRes) Lou Novakis [email protected] Converge Technology Solutions Lynda Thomas [email protected] Cruxial Tecchnolgy Group Eric Foster [email protected] C Spire Business (TekLinks dba C Spire Business) Hollye Massey [email protected] DataFree'd Mike Phalovich [email protected]
Delta Network Services LLC Michael McGregor [email protected] DGR Systems Amanda Dugger [email protected]
DOF Creations, LLC. Saeed Gordon [email protected] Dox Electronics Ken Schwartz [email protected]
DyntekServices dba Arctiq Darlene Pricher [email protected] EduTek Ltd Mario Caligiuri [email protected] ePlus Technology, Inc. Amy Knower [email protected]
ESX Technology Solutions Renee Ramirez [email protected] General Datatech (GDT) Jennifer Childs [email protected] GLS, Inc. Joey Fields [email protected]
Golden Star Technology Inc. (GST) Phillip Lin [email protected] GuidePoint Security, LLC Rich Hildago [email protected] Gulf South Technology Solutions, Inc James Moak [email protected] Heartland Business Solutions Partner Relations [email protected] Hypertec USA Mike Marracino [email protected]
iConvergence Beau Peyton [email protected]
Infobond Jo Davalos [email protected]; [email protected] In-Telecom Consulting LLC Shawn Torres [email protected] InterDev LLC Gary Nichols [email protected]
ISG Technology Michael Reece [email protected]
ISSQUARED, Inc. Lee Craft-Gobeille [email protected] Katalyst Luke Johnson [email protected]
Layer8 Consulting Elden Quesinberry [email protected] Liquid Networx Robert Short [email protected]
Loial Inc. Madison Talcott [email protected]
MGT Impact Solutions, LLC (Formerly Layer 3) Paula Sands [email protected] Mission Critical Systems Maryanne Caruso [email protected] MOREnet Adam Boley [email protected]
MXN Corporation Deborah Arnett [email protected]
Nth Generation Computing Inc Steve Jung [email protected] NetSync Jeff Barker [email protected]
Network Experts of New York Anu McGowan [email protected] PC Solutions & Integration David Rudnick [email protected] Peak Methods Jennifer McCuistian [email protected]; [email protected] PIER Group LLC Chad Williams [email protected]
PNG Telecommunications Inc., dba Powernet Tony Wells [email protected] Omnia Partners
Fortinet Contract 01-154 Authorized Reseller Partners
Omnia Partners Contract
#01-154 Resellers
2025_02_13
City Council 14 – 81 4/15/2025
PNW Security LLC Derek Hanson [email protected]
PremCom Corporation Joe Griffo [email protected]
Presidio Jackie Arnett [email protected]
Prosys Mitzi Justice [email protected]
Right! Systems Inc. (RSI) Sean Padget [email protected] Optimus TechServices, LLC DBA Seamless Advanced Solutions, LLC Steven Frank [email protected] Scientel Solutions Glenn Luckman [email protected] SHI Hannah Visbeen [email protected]
Sun Management John Samuel [email protected]
Structured Communication Services, Inc. Casey Richmond [email protected] Step CG Luke Gurekovich [email protected]
Surelock Technology Guy Anderson [email protected] Terawolf Technologies Inc Gaylord Van Brocklin [email protected] Universal Data Stephanie Kavanaugh [email protected]
United Data Technologies Mike Hendrix [email protected] Verinext Drew Campbell [email protected]
Vector Resources, Inc. dba VectorUSA Briana Borrenpohl [email protected] World Wide Technologies Matt Lang [email protected]; [email protected] Xigent Solutions Barb Canham [email protected]; Xiologix LLC Sheryl Still [email protected]
Xtel Communications Harbinder Goraya [email protected] Yellow Dog Networks Chris D'Amore [email protected] Zivaro Sean McCroskey [email protected]
Omnia Partners Contract
#01-154 Resellers
2025_02_13
City Council 14 – 82 4/15/2025
Information Technology
www.santa-ana.org/IT
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Managed Detection and Response (MDR) Services

AGENDA TITLE
Agreement with eSentire, Inc. for Managed Detection and Response (MDR) Services (Specification No. 25-028) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with eSentire, Inc. to provide Managed Detection and Response (MDR) Services in an amount not to exceed $592,433, plus a 10% contingency of $59,243 totaling $651,676, for a term beginning April 15, 2025 and expiring April 14, 2028 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana depends on a robust cybersecurity infrastructure to safeguard its digital assets, sensitive data, and critical public services. With the increasing sophistication and frequency of cyber threats, traditional security measures are no longer sufficient to mitigate risks effectively. Cyberattacks such as ransomware, phishing, and zero-day vulnerabilities pose a significant threat to the City’s operations and public trust.

Managed Detection and Response (MDR) services are proactive cybersecurity solutions that provide 24/7 monitoring, threat detection, and incident response capabilities. MDR services leverage advanced threat intelligence, behavioral analysis, and artificial intelligence to identify and neutralize cyber threats before they can cause damage. By implementing MDR services, the City will strengthen its ability to detect, analyze, and respond to security incidents in real time, reducing the risk of operational disruptions and data breaches.

The MDR service will integrate seamlessly with the City’s existing cybersecurity infrastructure, protecting its framework through continuous threat hunting, automated remediation, and expert-led investigations. Additionally, MDR services will ensure City Council 15 – 1 4/15/2025
Managed Detection and Response (MDR) Service
April 15, 2025

Page 2 ends

compliance with cybersecurity regulations and industry best practices, maintaining the City’s resilience against evolving threats. As the City grows and its digital infrastructure expands, cybersecurity demands will rise. To meet these increasing needs, incorporating contingency is essential. Scalable MDR services will enable the City to protect larger data volumes, secure new systems, and adapt to emerging threats without costly overhauls, ensuring long-term resilience and the uninterrupted protection of critical operations.

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Moreno Valley awarded a contract to eSentire, Inc. (Exhibit 1) for cybersecurity services as a result of open, competitive bidding.

Staff researched available procurement options and determined that eSentire, Inc. meets the City’s specifications and can provide MDR serviced to be utilized by IT. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing Guidelines.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the current FY 2024-25 budget and funding for subsequent fiscal years will be included in the proposed budget for City Council consideration.

Fiscal
Year
Accounting
Unit –
Account
Fund
Description
Accounting
Unit,
Account
Description Annual
Amount Contingency Total
FY 24-
25 10920149-
62300
Information
Technology
Contract
ServicesProfessional
$210,144 $21,014 $231,158
FY 25-
26 10920149-
62300
Information
Technology
Contract
ServicesProfessional
$191,144 $19,114 $210,259
FY 26-
27 10920149-
62300
Information
Technology
Contract
ServicesProfessional
$191,144 $19,114 $210,259
City Council 15 – 2 4/15/2025
Managed Detection and Response (MDR) Service
April 15, 2025

Page 3 ends

Total $592,433 $59,243 $651,676

EXHIBIT(S)

1. City of Moreno Valley Master Security Services Agreement (MSSA # 00036602)

2. eSentire Master Security Services Agreement

3. eSentire Order Form
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager
City Council 15 – 3 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 1 of 10 (202305) This Master Security Services Agreement (this “Agreement”) is by and between City of Moreno Valley (“Client”), with offices at 14177 Frederick Street, Moreno Valley, CA, United States, 92553, and eSentire America, Inc. (“eSentire”), with offices at 451 Phillip Street Unit 135, Waterloo, ON, Canada N2L 3X2, each a “Party” and together the “Parties.” This Agreement is effective on the date of the last signature below (the “Effective Date”).

1. Definitions
In addition to the capitalized terms defined elsewhere in this Agreement or in the applicable Order Form, the following terms will have the meanings ascribed to them in this Section 1. “Affiliate“ of a Party means any corporation or other legal entity that such Party directly or indirectly controls, is controlled by, or is under common control with. In this context, a Party “controls” a corporation or other entity if it or any combination of it and/or its Affiliates owns more than 50% of the voting rights for the board of directors or other mechanism of control for such corporation or other entity. “Client Data“ means (a) data, records, files of Client including e-mail sent or received by personnel of Client, and (b) all reports generated for or by Client as a result of the provision or use of the Services, except to the extent such reports contain eSentire Intellectual Property.
“Confidential Information“ means any and all information disclosed by either Party (“Disclosing Party”) to the other (“Receiving Party”) that is not deemed public information, that is not protected by Requirements of Law applicable to information that is Personal Information and that is marked “confidential” or “proprietary,” or similar designation or which the recipient knows or has reason to know is regarded by the Disclosing Party as such, including oral information. For the avoidance of doubt, Confidential Information does not include any information that the Receiving Party can demonstrate: (a) was known to it prior to its disclosure hereunder by the Disclosing Party; (b) is or becomes known through no wrongful act of the Receiving Party; (c) has been rightfully received from a third party without restriction or disclosure and without breach by such third party of a non-disclosure obligation; (d) is independently developed by the Receiving Party; or (e) has been approved for release by the Disclosing Party’s prior written authorization.
“Day“ or “Days“ means calendar days, unless otherwise specified. “Encrypt” or “Encryption” means the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without the use of a confidential process or key; “Intellectual Property” means (a) any rights provided under (i) patent law, (ii) copyright law, (iii) trade-mark law, (iv) design patent or industrial design law or (v) any other statutory provision or common law principle applicable to this Agreement, including trade dress and trade secret law, which may provide a right in either ideas, formulae, algorithms, concepts, inventions or know-how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventions or know-how; and (b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing. eSentire’s Intellectual Property includes New Intellectual Property, as defined in Section 2.4 below. “Order Form” means an ordering document, executed by the Parties, that specifies the Services to be provided to Client, including any amendments and supplements thereto. Each such Order Form, and any schedules, documents or other attachments thereto, incorporates and is subject to the terms and conditions of this Agreement. “Participating Affiliate” means a Client Affiliate authorized by Client under eSentire’s processes to contract for Services in Participating Affiliate’s own name subject to the terms of this Agreement. “Personal Information” means information that can be used on its own or in combination with other information to identify, contact, or locate a particular individual, including but not limited to, name, address, telephone number, email address, IP address, place of birth, mother’s maiden name, sexual orientation, social insurance or social security numbers, credit history and score, financial records, password and login information, biometric data, medical records, health insurance number, employment information and driver’s license number, as applicable and/or as defined and protected by Requirements of Law. “Requirements of Law” mean all laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions, and agreements with any government authority, agency, body or department, whether federal, provincial, state, municipal or law of a jurisdiction outside

City Council 15 – 4 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 2 of 10 (202305) Canada or the U.S. that now or at any time hereafter may be applicable to a Party in the performance of its obligations under this Agreement or any part of them (including all applicable privacy and data protection laws). “Services” means the services specified in an Order Form. “Systems” means any combination of hardware and software, including without limitation any telecommunication lines or other networking devices used to link such combination of hardware and software.

2. Services, License Grants and Restrictions

2.1 Services. eSentire shall provide to Client the Services as set forth in the Order Form during the Term. eSentire personnel shall remain under the direction and control of eSentire.

2.2 Usage Restrictions. Except as expressly permitted by eSentire, Client will not (and will not allow any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, or underlying structure, ideas, or algorithms of the software provided or used by eSentire in delivering the Services (“Software”) or the Services; (ii) copy or duplicate the Software or modify, translate, or create derivative works based on the Software; (iii) rent, lease, distribute, sublicense, resell, pledge, assign, or otherwise transfer, provide access to or encumber rights to Software or the other Services; or (iv) use the Services or Software for service bureau purposes or otherwise for the benefit of a third party. Client will use the Services solely in compliance with all Requirements of Laws.

2.3 Ownership and Use of Client Data. Except as provided below, eSentire expressly acknowledges and agrees that as between Client and eSentire, Client is the owner of and has exclusive rights, title and interest in and to Client Data. Notwithstanding the foregoing, to the extent any reports provided by eSentire to Client hereunder include any eSentire Intellectual Property including without limitation, the format of such reports, eSentire shall retain all rights in and to such eSentire Intellectual Property. eSentire hereby grants to Client a nonexclusive, nontransferable, limited license to use such eSentire Intellectual Property solely for the purposes for which such reports are provided by eSentire to Client pursuant to this Agreement. Client will not create derivative works based upon, using or incorporating any eSentire Intellectual Property, disassemble or reverse engineer, decompile or design around any eSentire Intellectual Property. eSentire will have the right to access and use such Client Data solely (i) as necessary to provide the Services and (ii) for trend analysis that may assist eSentire in the provision of its services in its business generally, provided that no such trend analysis will result in the disclosure of any Personal or Confidential Information about or from Client or its employees or customers. eSentire will not retain, use, disclose, sell, or otherwise process Client Data for any purpose other than the specific purpose of performing the Services under this Agreement.

2.4 Freedom to Use Ideas. The ideas, formulae, algorithms, concepts, inventions, know how, improvements, discoveries, processes and other information and materials (“New Intellectual Property”) developed during the course of performing Services for Client under this Agreement by eSentire and/or eSentire personnel will become the sole Intellectual Property of eSentire, except to the limited extent such New Intellectual Property contains Client Data. eSentire may use any such New Intellectual Property without limitation, including by or for its clients or customers other than Client, notwithstanding anything to the contrary contained in this Agreement.

2.5 Retention of Rights. Except for the rights expressly granted under this Section 2, eSentire, or its third-party vendor(s) or licensor(s), as applicable, retains all right, title, and interest in and to all Software, eSentire hardware and embedded proprietary software (“Equipment”), Services, and all Intellectual Property created, used, or provided by eSentire to Client pursuant to this Agreement. eSentire will also own all right, title, and interest in and to all modifications or derivatives of, and improvements to, Software, eSentire Equipment and Services. Client acknowledges that nothing contained herein will constitute an assignment or transfer of any such eSentire Intellectual Property to Client.

2.6 Update of the Services. eSentire reserves the right in future to make additions, changes or updates to components of the Services (including end of life, removal of features) (collectively, “Changes”). If such components are no longer supported or made available by eSentire, eSentire will give Client at least 90 Days’ prior written notice of any planned, material Changes to the Services together with associated

City Council 15 – 5 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 3 of 10 (202305) implementation timelines. If Client believes any such Change will have a material adverse impact on its use of such Services, and eSentire cannot reasonably mitigate the impact of such Change within 30 Days after receipt of Client’s written notice of such material adverse impact then Client may, following the end of such 30-Day Period, terminate the affected Service(s) upon 60 Days’ prior written notice to eSentire.

2.7 Client Responsibilities. Client hereby agrees to perform its obligations as set forth in the applicable Order Form.

3. Fees and Payment Terms

3.1 Fees. The fees for Services are set forth on the Order Form (the “Fees”). If Client requests or eSentire recommends additional Services, the Parties will execute a separate Order Form for such additional Services.

3.2 Invoicing. eSentire will invoice Client as indicated in the applicable Order Form and Client agrees to pay all invoices within 30 Days after the date of each invoice. If Client in good faith believes that eSentire has billed Client incorrectly, Client must notify eSentire in writing no later than 30 Days after the date of such invoice.

The Parties will cooperate in good faith to resolve any billing concern raised by Client within such 30-Day period. eSentire reserves the right to charge interest at the rate of the lesser of (i) 1.5% per month or (ii) the maximum amount allowed by law, in respect of invoiced amounts that have remained unpaid for more than 30 Days after the date of the applicable invoice. If eSentire pursues collection efforts against Client due to Client’s failure to pay Fees when due hereunder, Client will pay eSentire’s reasonable costs of collection, including any legal fees related thereto.

3.3 Taxes. All Fees are exclusive of any taxes, levies, duties or similar governmental assessments of any nature including, without limitation, fees, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Client is responsible for self-assessment of and self-remission of any and all Taxes associated with this Agreement to the applicable collecting agency or party. In the event that eSentire pays Taxes on behalf of the Client, the Client will reimburse eSentire for its payment of all such Taxes imposed upon the services provided hereunder to Client (excluding Taxes based upon eSentire’s income).

3.4 Suspension of Services. eSentire reserves the right, but assumes no obligation, to suspend performance of the Services with immediate effect on written notice to Client in the event Client is more than 30 days overdue in making payments that have not been disputed in good faith.

4. Warranties

4.1 Mutual. Each Party represents and warrants to the other that it has the right to enter into this Agreement, and that the consent of no other person or entity is necessary for it to enter into or fully perform this Agreement.

4.2 eSentire Warranties. eSentire represents, warrants and covenants to Client as follows:

4.2.1 the Services will be performed by qualified personnel in a good, workmanlike, professional manner and substantially in accordance with the applicable Service description provided in the applicable Order Form;

4.2.2 it is not under any contractual obligation that would preclude it from entering into this Agreement or providing the Services hereunder;

4.2.3 it is the owner or licensee of the Software used in providing the Services and has all rights necessary to grant the rights herein and to perform its obligations hereunder. In the event that the Software is held to or believed by eSentire to infringe third party Intellectual Property, Client’s sole remedy will be the remedy set forth in Section 9.1;

4.2.4 in performing its obligations under this Agreement, it will comply with all data protection laws applicable to eSentire in the performance of its obligations hereunder and will use the same efforts to safeguard and

City Council 15 – 6 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 4 of 10 (202305) prevent the misuse of all Personal Information disclosed to it under this Agreement or in the course of providing the Services as it does in protecting its own Confidential Information;

4.2.5 neither this Agreement nor the performance of or exercise of rights under this Agreement will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the Effective Date) to which eSentire is a party or by which it may be bound, or constitute a default thereunder; and

4.2.6 deliverables will conform substantially to the specifications for the same, if any, set out in the applicable Order Form.

4.3 Client Warranties. Client represents, warrants and covenants to eSentire as follows:

4.3.1 it is duly organized and existing under the laws of its own jurisdiction and is not under any contractual obligation that would preclude it from entering into this Agreement or granting access to eSentire as provided herein to provide the Services;

4.3.2 in accessing and using the Services and in otherwise performing its obligations under this Agreement, Client will comply with all applicable Requirements of Law and all applicable export and encryption laws and regulations, and will not provide or provide access to a decryption key to eSentire;

4.3.3 Client has all rights necessary to provide eSentire with access to Client Data and Systems for use in accordance with the terms of this Agreement, and eSentire’s use of any Client Data in accordance with the terms of this Agreement will not violate the rights of any third party;

4.3.4 if Client (1) orders Services hereunder to be performed by eSentire with respect to any third-party devices, data, facilities or environments or (2) deploys agents to third-party endpoints for purposes of Services ordered hereunder (collectively, “Third Party Services”), Client has obtained all required authorizations including, without limitation, the prior consent of all such third parties for any such Third Party Services; and

4.3.5 neither this Agreement nor the performance of or exercise of rights under this Agreement will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the Effective Date) to which Client is a party or by which it may be bound, or constitute a default thereunder.

4.4 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL

OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT,

EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT, WHILE ESENTIRE WILL USE ITS BEST EFFORTS TO DETECT INAPPROPRIATE OR UNAUTHORIZED TRAFFIC OR CONTENT WITHIN CLIENT’S

SYSTEMS AND NETWORK, DUE TO THE NATURE OF THE INTERNET AND ITS USERS, ESENTIRE DOES NOT WARRANT THAT IT WILL BE ABLE TO DETECT ALL SUCH CONTENT AND TRAFFIC.

5. Supply of Software and Hardware

5.1 To provide the Services, certain eSentire Equipment may be installed at Client’s premises as set forth in the applicable Order Form. Client acknowledges and agrees that all such eSentire Equipment shall, at all times, be considered to be personal property of eSentire and its licensors and not Client’s property or a part of Client’s premises. Client will take all reasonable action to protect the eSentire Equipment from theft, damage or destruction as if such hardware and software were owned by Client.

5.2 With Client’s consent, eSentire, or its authorized third parties, may during normal business hours and upon reasonable notice, enter upon Client’s premises and remove the eSentire Equipment, provided that such removal is not disruptive to the provision of the Services.

City Council 15 – 7 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 5 of 10 (202305)

5.3 Client will not place or allow any lien or other encumbrance to be placed on such eSentire Equipment. Client will not remove the eSentire Equipment from its premises without the prior written consent of eSentire.

Client authorizes eSentire to file any and all appropriate documentation, with no prior requirement to obtain Client's signature, to acknowledge and secure eSentire’s ownership of such eSentire Equipment.

6. Term and Termination

6.1 The term of this Agreement will commence on the Effective Date and will continue in effect for an initial term of three years unless terminated earlier by either party. Client may terminate this Agreement at any time by giving eSentire written notice of its intent to terminate not less than 60 Days prior notice. The termination of this Agreement pursuant to Section 6.1 will not affect the validity of any Order Form(s) then in effect and any such Order Form(s) will continue in effect until termination of such Order Form(s) pursuant to the terms set forth therein.

6.2 Termination for Breach. Without prejudice to any other rights or remedies which it may have, either Party may terminate this Agreement if the other Party fails to cure a material breach of this Agreement and such material breach remains uncured 30 Days after receiving written notice of the breach from the non-breaching Party. For the avoidance of doubt, this cure period will not apply to any Client failure to pay Fees due under this Agreement and, in addition to eSentire’s remedies under Section 3.4, eSentire may immediately terminate this Agreement by written notice to Client if Client fails to pay any Fees.

6.3 Insolvency. A Party may also terminate this Agreement immediately by written notice to the other party (i) if the other Party is declared insolvent or bankrupt by a court of competent jurisdiction; or (ii) if a petition is filed in any court of competent jurisdiction to declare the other Party bankrupt or for a reorganization under bankruptcy law or any similar statute and such petition is not dismissed within 60 Days after such filing or if a trustee in bankruptcy or a receiver or similar entity is appointed for the other Party or (iii) the affected Party has been unable to reasonably satisfy the other Party that it is able to perform its obligations in accordance with this Agreement and with no adverse impact to the other Party.

7. Effect of Termination

7.1 In the event either Party terminates this Agreement pursuant to Section 6.2 such Party may terminate any and all Order Forms then in effect between eSentire and Client with immediate effect, upon written notice to the other Party.

7.2 Upon termination of this Agreement, all rights granted by either Party to the other Party hereunder will revert to the granting Party, all licenses will terminate and Client’s access to or use of the Services will immediately terminate, with the exception of eSentire’s right to remove eSentire Equipment from Client’s premises. All accrued rights to payment under this Agreement will survive termination.

7.3 Upon termination of this Agreement, Client will delete all copies of any Software provided by eSentire and all related materials. At eSentire’s request, Client agrees to certify the deletion of such Software and/or return of the related materials to eSentire in writing.

7.4 Within 30 Days after any termination of this Agreement, each Party will return to the other Party or destroy all Confidential Information of the other Party, at the receiving Party’s option.

7.5 Within 60 Days after any termination of this Agreement, Client will return the eSentire Equipment eSentire, at Client’s expense. Client acknowledges and agrees that, if Client does not so deliver such eSentire Equipment within such 60-Day period, Client will pay eSentire a reasonable replacement charge per sensor to cover eSentire’s costs to replace the eSentire Equipment.

8. Liability Limitations
EXCLUDING LOSSES ARISING PURSUANT TO SECTION 9 OR FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S

LIABILITY TO THE OTHER HEREUNDER FOR ANY LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, DEFICIENCIES,

City Council 15 – 8 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 6 of 10 (202305)

COSTS OR EXPENSES, INCLUDING THE REASONABLE FEES AND REASONABLE EXPENSES OF LEGAL COUNSEL, ACCOUNTANTS OR OTHER EXPERTS AND PROFESSIONAL ADVISERS (COLLECTIVELY, “LOSS”), ARISING FROM OR

RELATING TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES HEREUNDER WILL NOT EXCEED THE AMOUNT

PAID BY CLIENT TO ESENTIRE FOR THE SPECIFIC SERVICE TO WHICH SUCH CLAIM RELATES DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE THE LOSS OCCURRED. REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF

LIABILITY (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY REQUIREMENTS OF LAW, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT), NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY:

INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF THE PARTY

CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OR HAD KNOWLEDGE OF THE POSSIBILITY OF SAME OR COULD

REASONABLY HAVE FORESEEN SAME), INCLUDING LOST BUSINESS REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF PROFITS OR FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS). THE PARTIES AGREE THAT THIS SECTION 8 REPRESENTS A REASONABLE ALLOCATION OF RISK.

9. Indemnities

9.1 eSentire Intellectual Property Infringement Indemnity. eSentire will defend or settle, indemnify and hold Client and its Affiliates, subsidiaries, officers, directors, employees, agents and assigns harmless from and against any third party claim, suit or proceeding, and pay any damages awarded in a final judgment against Client, based on a claim that any eSentire Service or eSentire Equipment (for purposes of convenience in this Section 9, collectively “Services” or “Service”) as provided under this Agreement infringes any U.S. copyright, patent right, trademark or similar proprietary right of any third party (a “Third Party IP Claim”). eSentire will also pay reasonable attorneys’ fees and expenses incurred in connection with such defense or settlement.

Notwithstanding the foregoing, eSentire will have no indemnity obligation or liability hereunder to Client for any Third Party IP Claim which is due in whole or in part, directly or indirectly, to: (i) modification by Client or any third party on Client’s behalf or direction of the Services or associated technology, provision of the Services other than by eSentire or by another party at the direction or instruction of eSentire, including any portion of the Software or hardware provided to Client as part of the Services; or (ii) combination of eSentire’s Services with parts, equipment, software, devices or third-party services not provided by eSentire where such infringement would not exist but for such combination; or (iii) any willful misconduct or fraudulent action of Client or any third party. For greater certainty, eSentire will not settle any Third Party IP Claim in a manner that attributes liability to Client without Client’s written consent (which consent will not unreasonably be withheld). In the event that the Services are held to or believed by eSentire to infringe any third party U.S. copyright or patent right, eSentire will have the option to: (x) replace or modify the Services to be noninfringing, provided that such modification or replacement provides substantially similar features and functionality; (y) obtain for Client the right to continue using the Services; or (z) if both (x) and (y) are not reasonably practicable, terminate this Agreement on written notice to Client and refund to Client the prorata portion of the Fees paid to eSentire for the Services not provided by eSentire after the date eSentire received notice of the Third Party IP Claim. eSentire will not have any obligation to indemnify Client hereunder with respect to any claim that any third-party “open source” or “shareware” software incorporated into any Software provided hereunder infringes any third-party U.S. copyright, patent or similar proprietary right.

ESENTIRE WILL HAVE NO OBLIGATION TO CLIENT IF ANY ALLEGED THIRD PARTY IP CLAIM IS BASED UPON THE

USE OF THE SERVICES FOR A PURPOSE FOR WHICH THE SERVICES WERE NOT INTENDED OR UPON USE OF ANYTHING OTHER THAN THE MOST CURRENT VERSION OF THE SERVICES.

9.2 Mutual General Indemnity. Each Party will defend or settle, indemnify and hold harmless the other Party and its Affiliates, subsidiaries, officers, directors, employees and agents (individually and collectively, “Indemnitee”) harmless from and against any and all third-party claims, actions, damages, losses, liabilities and expenses (of whatever form or nature including, without limitation, reasonable attorneys’ fees and expenses and all costs of litigation), whether direct or indirect, alleging damages (each a “Covered Claim”) (i) to real or personal property or personal injury and caused by the active negligence or willful or intentional misconduct of the indemnifying Party or its Affiliates, officers, directors, employees or agents (individually and collectively, “Indemnitor”); (ii) arising out of or relating to Indemnitor’s violation of any Requirements of Law; (iii) with respect to any Third Party Services, arising out of or relating to Client’s failure to obtain the required authorizations or third-party consents, or the adequacy of such consents; or (iv) with respect to Client’s indemnification obligations under this section, arising out of or relating to a Client Indemnitor’s failure

City Council 15 – 9 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 7 of 10 (202305) to Encrypt Confidential Information or personal information pursuant to Requirements of Law or this Agreement. Client will Encrypt all Confidential Information and Personal Information provided or made available to eSentire under this Agreement. “Covered Claims” exclude any claim alleging damages to the extent caused by the negligence, fraud or willful misconduct of an Indemnitee or for which eSentire is responsible under Section 9.1.

9.3 Procedure. Each Party’s (as “Indemnitor”) indemnity obligations under this Section 9 are contingent on the other party promptly notifying the Indemnitor in writing of any claim or threat thereof, promptly tendering to the Indemnitor sole control of the defense and any settlement of such claim, and providing to Indemnitor (at Indemnitor’s cost) any reasonable assistance necessary to such defense or settlement. Indemnitor will not be responsible for any settlement it does not approve in writing (which consent will not unreasonably be withheld).

THIS SECTION 9 SETS FORTH THE PARTIES’ ENTIRE LIABILITY, AND THE PARTIES’ SOLE REMEDIES, IN THE EVENT OF ANY THIRD PARTY IP CLAIMS OR COVERED CLAIMS HEREUNDER.

10. Confidentiality

10.1 The Receiving Party:

10.1.1 will not, directly or indirectly, use or disclose such Confidential Information or any part thereof to any person or entity or for any purpose whatsoever except as expressly permitted hereunder or unless and until expressly authorized to do so by the Disclosing Party;

10.1.2 will use, disclose and reproduce the Confidential Information of the Disclosing Party only to the extent necessary to fulfill the Receiving Party’s obligations or exercise its rights under this Agreement;

10.1.3 will promptly comply with requests made by the Disclosing Party to delete Confidential Information when such Confidential Information is no longer needed by the Receiving Party to perform its obligations hereunder;

10.1.4 will disclose the Confidential Information of the Disclosing Party only to those of its representatives, professional advisors, subcontractors and its Affiliates and their representatives, professional advisors and subcontractors (collectively, “Representatives” for purposes of this Section 10) who have a need to know such Confidential Information for the purposes of fulfilling the Receiving Party’s obligations or exercising its rights under this Agreement, and who have assumed obligations of confidentiality equal to or greater than the obligations of the Receiving Party under this Section 10 with respect to the Confidential Information.

In all cases, the Receiving Party will be responsible for any (a) loss or theft of, or unauthorized access to the Disclosing Party’s Confidential Information or (b) violation of Requirements of Law applicable to Confidential Information by its Representatives;

10.1.5 will use reasonable efforts to treat, and to cause all of its Representatives to treat, the Disclosing Party’s Confidential Information with at least the same degree of care the Receiving Party exercises in protecting its own Confidential Information and, in any event, with no less than a reasonable standard of care; and

10.1.6 will be entitled to disclose Confidential Information if such disclosure is required (i) by a court, administrative or regulatory body (including a stock exchange) of competent jurisdiction, whether as a result of any application made by the Receiving Party, a request made by an individual Data Subject, as defined in the General Data Protection Regulation, (ii) pursuant to an investigation initiated by a regulatory body, other governmental authority or pursuant to court order, or (iii) pursuant to the California Public Records Act, provided that the Receiving Party will:

10.1.6.1 give prompt written notice of any such requirement for disclosure to the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy or response;

10.1.6.2 take such steps as are reasonably necessary and available to maintain the confidentiality of the Confidential Information by such court, administrative or regulatory body;

10.1.6.3 in any event, make such disclosure only to the extent so legally required; and

10.1.6.4 except as otherwise provided in this Agreement, not use or disclose to third parties any Confidential

City Council 15 – 10 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 8 of 10 (202305) Information of the Disclosing Party unless required by law or expressly consented to by the Disclosing Party.

11. General Provisions

11.1 Interpretation. In this Agreement: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the word “including” or the phrase “e.g.,” in this Agreement mean “including, without limitation,” throughout this Agreement; (iii) all monetary amounts are expressed in United States dollars, unless expressly provided otherwise. Headings and the division of this Agreement into articles and sections are for convenience of reference only and is not intended to and will not affect the interpretation hereof. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions contained in an Order Form, the terms and conditions of the Order Form will take precedence.

11.2 eSentire Affiliates. eSentire reserves the right to invoice Client or deliver Services to Client via any eSentire Affiliate in full satisfaction of its obligations under this Agreement.

11.3 No Licenses. Unless otherwise expressly provided in this Agreement, no licenses to any technology, trademarks, or any other Intellectual Property rights of a Party or any third party are granted by virtue of this Agreement.

11.4 Force Majeure. With the exception of Client’s obligation to make payment hereunder, either Party may be excused for any delay or failure to perform its duties and obligations hereunder to the extent such failure is caused by any circumstances beyond such Party’s reasonable control including, but not limited to, acts of God, fire, flood, war, sabotage, terrorism, civil or military authority, labor disputes, accidents, power surges or failures, internet connectivity, or the act or omission of any third party (a “Force Majeure Condition”). The Party affected by the Force Majeure Condition will be excused from such performance for a period no longer than the delay or failure in performance caused by the Force Majeure Condition, provided such Party uses (i) industry standard procedures to minimize the disruption caused by and (ii) reasonable efforts to remove the cause(s) of the Force Majeure Condition.

11.5 Entire Agreement. This Agreement supersedes and cancels all previous agreements, proposals or representations related to the subject matter.

11.6 Assignment. Client will not assign this Agreement without the prior written consent of eSentire.

Notwithstanding the foregoing, Client may assign this Agreement without such consent in connection with the transfer or sale of all or substantially all of its stock, assets or business relating to the Services to which this Agreement relates. Client will give eSentire written notice of any such permitted Assignment within 30 days after the closing date of such transfer or sale. Notwithstanding the foregoing, in order for any assignment to be effective, the assignee must (i) agree in writing to be bound by the terms of this Agreement and (ii) demonstrate to eSentire’s reasonable satisfaction that it possesses the financial ability to perform Client’s obligations hereunder.

11.7 Severability. In the event that any provision of this Agreement is found to be illegal, void or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement will remain in full force and effect.

11.8 Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither Party has any authority of any kind to bind the other in any respect whatsoever. Neither Party has any right to or will make any contracts, warranties or representations or assume or create any other obligations, express or implied, in the other Party’s name or on its behalf.

11.9 Non-Exclusive Nature of Relationship. Notwithstanding anything to the contrary herein, nothing contained in this Agreement prohibits either Party from entering into a similar arrangement with a third party irrespective of the potential similarity thereof to services which might be provided by eSentire to Client.

11.10 No Third Party Beneficiaries; Inurement. There are no third party beneficiaries to this Agreement, except as may otherwise be provided herein. This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns.

City Council 15 – 11 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 9 of 10 (202305)

11.11 Publicity. Client acknowledges and agrees that eSentire may use Client’s name and logo for the purpose of identifying Client as a customer of eSentire.

11.12 Survival. Section 2.3 (Ownership and Use of Client Data), Section 2.4 (Freedom to Use Ideas), Section 2.5 (Retention of Rights), Section 8 (Liability Limitations), Section 9 (Indemnities), Section 10 (Confidentiality), Section 11 (General Provisions) and any other provisions which by their nature ought to survive termination of this Agreement will survive the termination of this Agreement.

11.13 Notices. All notices, demands, consents, authorizations, approvals and other communications under this Agreement will be in writing and will be deemed to have been duly given (i) if delivered in person, on the date of such delivery; (ii) if sent by facsimile or email, when receipt is electronically confirmed; (iii) if sent by recognized commercial overnight courier, on the delivery date stated in the receipt provided by such courier; and (iv) upon receipt, if sent by certified or registered mail, return receipt requested to the respective Party’s address set forth on the Order Form. Either Party may change its address for notice under this Agreement by giving written notice to the other Party by the means set forth in this Section 11.12.

11.14 Governing Law and Modification. This Agreement will be governed by and construed in accordance with the laws of the state of California, without regard to its choice of law provisions. Any action seeking legal or equitable relief arising out of or relating to this Agreement will be brought only in the courts of the state of California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any changes to this Agreement, or any additional or different terms in Client’s purchase orders, acknowledgments or other documents will have no effect and will not supersede the terms of this Agreement. Any modifications or amendments to this Agreement must be in writing and signed by both Parties.

11.15 Rights and Remedies. Except as specifically provided in this Agreement, the rights and remedies provided in this Agreement and all other rights and remedies available to either Party at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity, neither asserting a right nor employing a remedy will preclude the concurrent assertion of any other right or employment of any other remedy.

11.16 Further Assurances. Each Party will from time to time and at all times do such further acts and execute and deliver such further documents as may be reasonably required in order to evidence, carry out and give full effect to the terms, conditions, intent and meaning of this Agreement.

11.17 Non-Solicitation. Client will not solicit for employment, hire or enter into any independent contractor or other similar relationship with any employee of eSentire who has been involved, directly or indirectly, in the provision of any of the Services hereunder to Client during the immediately preceding 12-month period without the express prior written consent of an authorized eSentire executive. This Section 11.16 will not prohibit Client from hiring an employee of eSentire in response to an employment or contracting advertisement or other general solicitation not specifically targeted at such employee.

11.18 Counterparts. This Agreement may be executed by the Parties in one or more counterparts, each of which will be considered one and the same agreement. This Agreement may be delivered by facsimile, email or other functionally equivalent electronic means of transmission. [signature page follows]

City Council 15 – 12 4/15/2025
MSSA #: 00036602
Master Security Services Agreement
City of Moreno Valley – 2023-06-29 Page 10 of 10 (202305) IN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement to be executed and delivered by its duly authorized representative as of the date set forth below. eSentire City of Moreno Valley
\s3\

\s1\
Signature
\n3\
Signature
\n1\
Full Name
\t3\
Full Name
\t1\
Title
\d3\
Title
\d1\
Date
Approved by eSentire Legal
Date
Approved as to legal form. City Attorney: Steven
Quintanilla
\i2\ \d2\
Initials and Date Initials and Date

City Council 15 – 13 4/15/2025
City Council 15 – 14 4/15/2025
City Council 15 – 15 4/15/2025
City Council 15 – 16 4/15/2025
City Council 15 – 17 4/15/2025
City Council 15 – 18 4/15/2025
City Council 15 – 19 4/15/2025
City Council 15 – 20 4/15/2025
City Council 15 – 21 4/15/2025
City Council 15 – 22 4/15/2025
City Council 15 – 23 4/15/2025
City Council 15 – 24 4/15/2025
City Council 15 – 25 4/15/2025
City Council 15 – 26 4/15/2025
City Council 15 – 27 4/15/2025
City Council 15 – 28 4/15/2025
Parks, Recreation, and Community Services
www.santa-ana.org/departments/parks-recreation/
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Entertainment Promoter for City Special Events

AGENDA TITLE
Agreements with ARAS Enterprises, Inc., and GTE Agency, LLC dba Global Talent Entertainment for Entertainment Promoter Services (Specification No. 24-102) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute aggregate agreements with ARAS Enterprises, Inc. and GTE Agency, LLC dba Global Talent Entertainment to provide entertainment promoter services for an aggregate amount not-to-exceed $300,000 annually for a threeyear term beginning April 15, 2025 through April 14, 2028, and an additional $600,000 for two, 1-year extensions, for a total aggregate agreement amount not to exceed $1,500,000 (Core Agreement No. A-2025-XXX).

Vendor Location
ARAS Enterprises, Inc. Whittier, CA
Global Talent Entertainment Long Beach, CA
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Request for Proposals (RFP) No. 24-102 was issued on December 5, 2024, via the City’s online bid management and publication system. This RFP seeks entertainment promoters who will be responsible for securing talent for City events, managing event production, and overseeing all associated administrative functions, including deposits, invoicing, and insurance requirements. A summary of vendor participation and results is as follows:
34 Vendors notified
1 Santa Ana vendor notified
33 Vendors downloaded the RFP packet
6 Proposals received
1 Proposal received from Santa Ana vendor
City Council 16 – 1 4/15/2025
Entertainment Promoter for City Special Events
April 15, 2025

Page 2 ends

Santa Ana City CouncilApril 15, 2025

Santa Ana City Council
April 15, 2025