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Agenda 11-07-17 The City of zax" Boynton Beach City Commission Agenda Tuesday, November 7, 20171 4:00 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Page 1 of 1712 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes and Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 1712 1. OPENINGS A. Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announcement by Jeanne Heavilin about the Greater Boynton Beach Sister Cities' Traveling Sauna event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on Saturday, November 18th. Activities will begin at 10:00 am. B. Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay. C. Proclaim November 11-19, 2017 as Hunger and Homelessness Awareness Week. D. Announcement by Recreation & Parks Director Wally Majors about the upcoming Holiday Events. E. Announce The City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494. The flyer is available at the back of the Chambers. F. Announce that Boynton Beach East Water Treatment Plant project received Envision Award for Sustainable Infrastructure G. Announce the annual reappointment of those advisory board seats with terms expiring in December 2017. The following boards will have openings: • Arts Commission, • Building Board of Adjustments and Appeals, • Education and Youth Advisory Board, • Employee Pension Trust Fund Board, • Library Board, • Planning and Development Board, • Recreation and Parks Board and • Senior Advisory Board. Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. Page 3 of 1712 H. City Hall will be closed on Veterans Day, Friday, November 10, 2017. I. City Hall will be closed for the Thanksgiving holiday on Thursday, November 23 and Friday, November 24, 2017. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments &Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt B. Discussion as to whether Commission wishes to changes the following Commission Dates in 2018: Tuesday, September 18, 2018 Tuesday, November 6, 2018 C. Authorize members of the Planning & Development Board to attend a Planning Officials Training Workshop on Friday, November 17, 2017 at the Village of Palm Springs, FL. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-100- Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, for the Annual Holiday Parade. B. PROPOSED RESOLUTION NO. R17-101 - To support and encourage the efforts to proceed with improvements to the Chain of Lakes, the Ocean to Trails I nitiative and development of a boat lift at the C51 Canal S155 control structure. C. PROPOSED RESOLUTION NO. R17-102- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. D. PROPOSED RESOLUTION NO. R17-103- Approve Amendment to Agreement for Special Magistrate Services to increase the Special Magistrate's hourly rate. E. PROPOSED RESOLUTION NO. R17-104- Approve and authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $76,815.61, plus a 10% contingency in the amount of $7,700 for a total cost of $84,515.61 for the purpose of restriping several of the City's streets utilizing the City of West Palm Beach's Paving Contract#16393 pricing, terms and conditions. F. PROPOSED RESOLUTION NO. R17-105-Approve and authorize the City Manager to sign an Agreement with Ballard Partners, Inc. of Tallahassee, FL for RFP No. 071-1210-17/IT - Page 4 of 1712 Appropriations Lobbyist Services for the City of Boynton Beach in the estimated annual amount of $60,000 plus expenses, and authorize the City Manager to renew the Agreement for three (3) additional one-year renewal periods. G. PROPOSED RESOLUTION NO. R17-106- Authorize the City Manager to sign and apply for a grant from the Solid Waste Authority for a Rolling Green Gate Project. H. PROPOSED RESOLUTION NO. R17-107- Approve and authorize the Mayor to sign an agreement with the City of Lake Worth and AL Hypoluxo, LLC to provide wastewater service to a parcel on the Northeast corner of Hypoluxo Road and High Ridge Road. I. Approve utilizing the State of Florida contract no. 41120000-15-ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not-to-exceed amount of$40,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. J. Approve the ranking of the proposers as determined by the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Ric-Man International, Inc. and establish contracts in accordance with Request for Qualifications (RFQ) No. 037-2821-17/TP for Central Seacrest Corridor Utility Improvements Phase I I and as per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. K. Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 17, 2017. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-108- Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $117,320 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor. B. PROPOSED RESOLUTION NO. R17-109- Approve utilizing National Joint Powers Alliance (NJPA) EZIQC Contract #FL02GC1-051716-JCL with Johnson-Laux Construction LLC of Orlando, FL for design and construction of modifications to the Utility Administration Building for a not to exceed price of $ 250,000, and authorize the City Manager to sign the proposal and Detailed Scope of Work. C. PROPOSED RESOLUTION NO. R17-110- Approve and authorize City Manager to sign a five (5) year renewal agreement with Sensus USA, Inc. (Sensus) for Advanced Metering Infrastructure (AMI) in order to maintain the standardized meter reading equipment and maintain the meter reading efficiency that has been achieved. Estimated five (5) year cost is$415,000. D. PROPOSED RESOLUTION NO. R17-111 -Approve an Agreement with Caler, Donten, Levine, Porter & Veil, P.A. of West Palm Beach, FL for Financial Auditing Services for the City of Boynton Beach for the fiscal years ending September 30, 2017, September 30, 2018, and September 30, 2019, with audit fees for each fiscal year of $106,725, $106,725 and $106,725, respectively, in the three-year total amount of$320,175, RFP#072-1410-17/IT. E. PROPOSED RESOLUTION NO. R17-112- Authorize the City Manager to sign a support agreement with Public Safety Software solution from Spillman Technologies, Inc. and to sign financing documents with Motorola Solutions Credit Company, LLC to finance the purchase price. F. Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of Datrium DVS compute nodes, data nodes, and host software from Transource Services Corp in the amount of $186,329.56. The City is allowed to purchase from State of Florida Contracts. G. Authorize utilizing the State of Florida Alternate Contract #43220000-W SCA-14-ACS for the purchase of Avaya network infrastructure equipment from STEPcg in the amount of $64,735.52. The City is allowed to purchase from State of Florida Contracts. Page 5 of 1712 H. Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS55542 with IXOM Watercare, Inc.) for MIEX DOC Anion Exchange Resin with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for the purchase of MI EX DOC Resin is $275,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of resin. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-030 - SECOND READING - Approve 711 North Federal Highway Abandonment (ABAN 17-007) request allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). B. PROPOSED ORDINANCE NO. 17-031 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to the Ment2Makelt, Inc. B. PROPOSED RESOLUTION NO. R17-113- Resolution of City of Boynton Beach in support Florida House of Representatives House Memorial 263 urging the President to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Representative Al Jacquet is available to comment to this topic. C. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. D. Discussion on Public Art as requested by Vice-Mayor Katz. 13. LEGAL- None 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017 B. Quarterly report on red light camera program (Oct 2017-Dec 2017) - January 2018 C. Quarterly report on govt surtax fund (Oct 2017-Dec 2017) - January 2018 D. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD E. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services- TBD F. PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Page 6 of 1712 Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-initiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec)And Multifamily (R-3) to Mixed Use 3 (Mu-3). G. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park H. Approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield &W heeler, Inc. I. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). J. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. K. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article 111, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article 111, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. L. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one- story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA Page 7 of 1712 DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1T1ONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 8 of 1712 1.A. OPENING ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 9 of 1712 2.A. OTHER 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 10 of 1712 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Announcement by Jeanne Heavilin about the Greater Boynton Beach Sister Cities' Traveling Sauna event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on Saturday, November 18th. Activities will begin at 10:00 am. EXPLANATION OF REQUEST: The Traveling Sauna event will mark and celebrate Finland's centennial year and commemorate the relationship between the City of Boynton Beach and Rauma, Finland. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Flyer Page 11 of 1712 A Sauna in South Florida? Really? Yes! Experience a real sauna — in Boynton Beach! , F Saturday, irk" November 18, 2017 10:00 AM - 6:00 PM Intracoastal Park 2240 N. Federal Highway Boynton Beach, FL 33435 Celebrating Finland's Centennial and the Sister Cities relationship between , Finland and Boynton Beach The Traveling Sauna Reservations are required. www.sign u pgen i us.comZgoZ508Of4aaea b2da V49-sister Admission is $10/hour for the Sauna. Bathing suits are required. Changing room & Al shower available. purchase.To enjoy an authentic sauna experience, Finnish style, Finnish food will also be available for For information, .com or call 561-901-8714. Sponsored greater Boynton BeachSister Cities and the Cityeach Greater Boynton Beach Sister Cities (D 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Report Page 13 of 1712 Boynton Beach Mental Health Committee Report to the City Commission—November 7, 2017 Highlights of Year 3—Presented by Rev. Woodrow Hay, Chair • One of our most important accomplishments this year was the production of our brochure "Finding Hope When you Need Help" that carries the message that it's k to ask for help when you have signs of a mental illness and offers a starter list of resources. This is a collaborative project with Bethesda Health as part of their Needs Assessment. They are placing the brochure in all of the hospital waiting rooms. It is also being placed in many other locations in Boynton Beach. Brochures are available here and in the lobby so be sure to take one. • We are actively engaged in the Healthier Boynton Beach collective impact initiative on Family Caregiving...sponsored by Palm Healthcare Foundation..... because caregivers are a high risk group for mental illness. Members serve on the Steering Committee and on sub groups. In fact November is National Caregivers Month so we are celebrating family caregivers at the First Annual Caregiver Recognition Luncheon this Thursday at Intracoastal Park with good food, music, entertainment, and gift bags..to give them a "feel good day" and let them know they are appreciated. • We are proud to announce new members of the Committee: Jerry Taylor, former mayor who helped create the committee; Jeannie Taylor who serves as liaison to the library; and Howard Williams who manages our website and Facebook. • 20 Parks and Recreation staff received Mental Health First Aid (MHFA) training, as did the HR department and some members of the police department, dispatchers and fire fighters. • The third year of our signature Psychology Day project at Boynton Beach Community HS,where we bring in mental health professionals to help students explore career opportunities in mental health, is being planned for early next year. We are pleased that students in the Medical Academy will join students in the psychology classes for this project for the first time. The professionals love coming to school,being hosted by the principal and interacting with students..It's a win-win event for everyone. •In the coming months we hope to work with HR to schedule some lunch and learn sessions with city employees. An employee survey was conducted to learn topics of most interest....and we will be guided by that list. Page 14 of 1712 • We had a productive team retreat in August to review accomplishments and set priorities. One is to engage Boynton Beach faith leaders and their congregants in Mental Health education and awareness. Our target is to train 100 participants in MHFA; then follow up with educational sessions with mental health professionals and consultants who are experienced in educating faith leaders about mental health. Clergy are very aware of this need and are ready to participate. • The second priority is to expand networking to broaden community involvement in the work of the BBMHC . To this end the Committee joined the Boynton Beach Chamber of Commerce to gain this important exposure. • Last year Boca Raton's Promise honored two of our leaders for achievement on the local and county levels with a Voice Award presentation: to Gerda Klein for Community Leadership at a December luncheon at Kravis Center; and to me for my work with clergy, presented at an awards luncheon for elected officials in October. We are humbled and encouraged by this special recognition. • We have established a firm partnership with Alpert Jewish Family and Children's Service to serve as Boynton Beach community's full service agency for mental health services. The Main office is on west 45th Street in WPBeach. The local office is on Lake Worth Road. Boynton Beach is the southern most boundary of the agency's service area. Their agency's CEO and Clinical Director have been in conversation with some of our partners. The clinical director also facilitated our Committee's recent retreat, and is well versed in and supportive of our mission. THESE ARE SELECTED HIGHLIGHTS...WE ARE ENGAGED WITH 14 COMMUNITY PARTNERS IN EDUCATION AND AWARENESS PROJECTS AND ACTIVITIES ....WE ARE PROUD THAT THE CITY OF BOYNTON BEACH, MAYOR GRANT, CITY COMMISSIONERS, THE CITY MANAGER AND MANY DEPARTMENTS ARE SUPPORTIVE OF OUR MISSION AND COLLABORATE WITH US. WE ASK FOR YOUR CONTINUED SUPPORT TO ASSURE THAT WE HAVE THE RESOURCES TO ENGAGE IN THESE AND NEW INITIATIVES TO MAKE BOYNTON BEACH A MODEL CITY FOR MENTAL HEALTH. Page 15 of 1712 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Proclaim November 11-19, 2017 as Hunger and Homelessness Awareness Week. EXPLANATION OF REQUEST: For 30 years, the Homeless Coalition has been the voice for the homeless advocating for their rights and a place they can call home. The Coalition has been a strong leader within the community by recommending policy changes to improve services for the homeless. It also identifies homeless strategies that can produce results, and gets the message out to the community for prompt action. The Coalition's Policy and Legislative Committee brings issues forward and offers solutions. The Coalition constantly monitors national, state and local legislation and news to distribute information through the Coalition's communication network including the website and social media. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Not to make proclamation STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Recognizing and coming to the aid of those in need brings a community together to build a stronger and brighter tomorrow for all. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 16 of 1712 ATTACHMENTS: Type Description D Proclamation Proclamation Page 17 of 1712 Proclamation WHEREAS,people from all walks of life,including families with children,employed and unemployed workers, elderly residents,veterans,disabled individuals,youth,and individuals are impacted by hunger and homelessness,and; WHEREAS,while homelessness creates barriers to accessing essential services,such as affordable healthcare,housing, child care, and education, the costs of these basic necessities often contribute to hunger, food insecurity, and people experiencing homelessness on any given night in Palm Beach County,and WHEREAS, the theme of National Hunger and Homelessness Awareness Week 2017 is focused on bringing America home by focusing on the laws passed by local governments around the nation which prevent people experiencing homelessness from doing life-sustaining activities such as sitting,lying and sleeping in public spaces,and; WHEREAS,, the City of Boynton Beach encourages all citizens to recognize that some people do not have housing and need support from citizens and private/public nonprofit service entities,and WHEREAS,,the intent of Hunger and Homelessness Awareness Week is consistent with the activities of the Homeless Advisory Board, Homeless Coalition,Homeless and Housing Alliance, Palm Beach County Food Bank and other service providers in Palm Beach County. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the week of November 11-19 of Two Thousand Seventeen as: HUNGER AND HOMELESSNESS AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach,Florida,the Th Day of November,Two Thousand Seventeen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the upcoming Holiday Events. EXPLANATION OF REQUEST: Holiday Movie- Friday, December 1 - 7pm @ 129 East Ocean Avenue Holiday Parade- Saturday, December 2, 4pm on Federal Hwy. Holiday Tree Lighting - Sat., Dec. 2, 5:30pm @ 129 East Ocean Avenue Holiday Boat Parade- Friday, December 8, 6pm @ 735 Casa Loma Blvd. Music on the Rocks- Friday, Dec. 15, 6pm @ 129 East Ocean Avenue HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect FISCAL IMPACT: Budgeted Funding for these events is included in the CRA and City's budgets. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 19 of 1712 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Announce The City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494. The flyer is available at the back of the Chambers. EXPLANATION OF REQUEST: The City of Boynton Beach is hosting a Flood Awareness Workshop to coincide with the November King Tides on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, and will provide a forum for the public to interact with City officials and scientists. The newly revised FEMA flood insurance rate maps will be on display and light refreshments will be served. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494, HarveyR@bbf1.us. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 20 of 1712 ATTACHMENTS: Type Description D Other Flood Workshop flyer Page 21 of 1712 , -CITY C)F- ell BOYNTON 6 Fluud Awareness W op rk__ j,i_ 011 L A King 'T"Ide Event ell The City of Boynton Beach marks the November King Tides with an 11 educational workshop for the public to learn about flood risks including L storms, high tides, and sea-level rise. The workshop will answer questions 4 L about flooding and City services, and will provide a forum for the public to interact with experts and view the newly revised FEMA flood insurance rate k maps. Light refreshments will be served. C'110% IV 6�* Wednesday, November 8th, 5:30-7:00 pm kr Intracoastal Park Clubhouse 2240 North Federal Highway, Boynton Beach 4L Featuring: Mayor Steven Grant of Colin Groff, Assistant City Manager Dr. Alec Bogdanoff, President & Co-Founder, Brizaga, Inc. V 6�* Liz Perez, President & Founder, Collective Water Resources 17 ell For more information, contact Rebecca Harvey, Sustainability Coordinator, (561) 742-6494, HarveyR@bbfl.us Oril 2 opt, 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Announce that Boynton Beach East Water Treatment Plant project received Envision Award for Sustainable Infrastructure EXPLANATION OF REQUEST: The "Boynton Beach Ion Exchange Resin Plant and East Water Treatment Plant Improvements" project received the Institute for Sustainable Infrastructure's Envision Bronze award. The award recognizes the City's project for its environmental, social, and economic benefits. The upgraded East Water Treatment Plant processes 24 million gallons of water per day to support the potable water needs of a growing population for decades to come. The project protects the local environment and drinking water supply by avoiding saltwater intrusion, and diversifies water sources to reduce dependence on the surficial aquifer. The plant is now equipped with a state-of-the-art MI EX©water pretreatment system that removes organic compounds and color from the water while reducing chemical use. Other improvements to the plant include filter valve replacements, replacement of high-service pumps with premium efficiency pumps and motors, improved stormwater management, modifications to the disinfection system, upgraded security features, and a new three-million gallon water storage tank. The project also includes a public art installation designed to create a connection between visitors to the facility and the facility itself. The $30.8 million dollar project was managed locally by CDM Smith of Boca Raton, in partnership with Carollo Design Build Group, The Merchant Strategy, PCL, AW Architects, Tierra South Florida, Engenuity Group, Cooper Construction Management& Consulting, and DCR Engineering Services. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City provides water services to Utilities customers in a more sustainable manner; the City also receives national, state, and local press coverage and recognition for this award. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Page 23 of 1712 Reduced energy use and greenhouse gas emissions from East Water Treatment Plant; reduction of saltwater intrusion from sea level rise. Is this a grant? Grant Amount: Page 24 of 1712 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Announce the annual reappointment of those advisory board seats with terms expiring in December 2017. The following boards will have openings: • Arts Commission, • Building Board of Adjustments and Appeals, • Education and Youth Advisory Board, • Employee Pension Trust Fund Board, • Library Board, • Planning and Development Board, • Recreation and Parks Board and • Senior Advisory Board. Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. EXPLANATION OF REQUEST: Advisory boards have been established with members appointed for specific staggered terms. Most boards have appointments that will expire in December of each year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 25 of 1712 Page 26 of 1712 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: City Hall will be closed on Veterans Day, Friday, November 10, 2017. EXPLANATION OF REQUEST: In observance of Veterans Day, all City administrative offices will be closed on Friday, November 10, 2017 and will re-open at 8:00 a.m. on Monday, November 13, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted N/A ALTERNATIVES: This is a scheduled holiday for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 27 of 1712 3.1. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: City Hall will be closed for the Thanksgiving holiday on Thursday, November 23 and Friday, November 24, 2017. EXPLANATION OF REQUEST: In observance of Thanksgiving, all City administrative offices will be closed on Thursday, November 23 and Friday, November 24, 2017. City Hall will re-open on Monday, November 27, 2017 at 8:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted N/A ALTERNATIVES: These two days are regularly scheduled holidays for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 28 of 1712 5.A. ADMINISTRATIVE 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student(Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 2 Alts Building Board of Adjustments&Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 29 of 1712 ATTACHMENTS: Type Description D Other Appointments Page 30 of 1712 APPOINTMENTS AND APPLICANTS FOR NOVEMBER 7, 2017 Arts Commission IV Casello Alt 1 yr term to 12/17 Mayor Grant Alt 1 yr term to 12/17 Applicants None Building Board of Adjustments and Appeals Mayor Grant Alt 1 yr term to 12/17 I Katz Alt 1 yr term to 12/17 II McCray Reg 3 yr term to 12/17 III Romelus Reg 3 yr term to 12/18) Applicants None Employee Pension Board I Katz Reg 3 yr term to 12/17 Tabled (2) Applicants None Library Board II McCray Alt 1 yr term to 12/17 Tabled (2) Applicants None Senior Advisory Board I Katz Alt 1 yr term to 12/17 Tabled (3) Applicants None Page 31 of 1712 5.B. ADMINISTRATIVE 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Discussion as to whether Commission wishes to changes the following Commission Dates in 2018: Tuesday, September 18, 2018 Tuesday, November 6, 2018 EXPLANATION OF REQUEST: Tuesday, September 18, 2018, Yom Kippur. Consider moving to Monday, September 17 or Thursday, September 20. Tuesday, November 6, 2018, PBC General Elections. Consider moving to Monday, November 5 or Wednesday, November 7. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Do not change meeting dates STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 32 of 1712 5.C. ADMINISTRATIVE 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Authorize members of the Planning & Development Board to attend a Planning Officials Training Workshop on Friday, November 17, 2017 at the Village of Palm Springs, FL. EXPLANATION OF REQUEST: The Treasure Coast Section of the Florida Chapter, American Planning Association (APA), announces the Second Annual Planning Officials Training Workshop; a day-long seminar designed to provide planning officials and advisory board members an overview of their purpose and how they fit into the overall governance of their cities and towns. The Section had such great success with last year's workshop (over 60 attendees) that we have decided to offer this event annually. This year's workshop will occur on Friday, November 17, 2017 hosted by the Village of Palm Springs. We are pleased that the Treasure Coast Regional Planning Council (TCRPC) will be joining us this year as a Co-Sponsor of the Workshop. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? APA promotes public engagement, good planning, and high ethical standards and believes that we can build a constituency for good planning through education. As a Section of APA, we feel it is our responsibility to provide our local advisory board members with basic training about the role that good planning and implementation play in helping to create and maintain communities of lasting value. Our experienced speakers will present information about comprehensive planning, land development regulation, and zoning to help planning officials learn how they can effectively contribute to the quality of life in their communities. Who should consider attending? -New planning &zoning board commissioners and members of zoning boards of appeals, historic preservation boards, site plan review boards, architectural review boards, and other advisory board members seeking to better understand their roles and responsibilities; -Existing planning commissioners and other board members needing a refresher and/or desiring to learn about emerging trends in planning, including innovative planning tools and techniques; -Newly elected and appointed officials desiring to learn more about the pivotal role that planning makes in shaping our communities; -Emerging planning professionals desiring to attend a local seminar and gain insight from planning experts. FISCAL IMPACT: Registration is$25 per person if registered by November 10, 2017. ALTERNATIVES: Do not approve anyone to attend STRATEGIC PLAN: Page 33 of 1712 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Flyer Page 34 of 1712 } , - . n • �7 a�4 4t I I � Please register by... November 10th for the reduced rate and I I i to guarantee a seat! Are you an appointed advisory board member or an elected official making planning and zoning recommendations or decisions for your local government? If so,then this one-day workshop,organized by the Treasure Coast Section of the Florida Chapter,American Planning Association, is tailored just for you! Planning officials will receive basic instruction and information about... - Planning principles and process - Responsibilities of various advisory boards - Legal considerations p - How to run an effective board meeting - Sustainability - Urban Design - Economics of new development/growth - Current trends - Public participation methods Q Each participant will leave the course with a Certificate of Completion and copies of all materials presented throughout the Q■ �' P °`P4< day. r� l 6.A. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-100-Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, for the Annual Holiday Parade. EXPLANATION OF REQUEST. Federal Highway between Woolbright Road and Ocean Avenue, serves as the route for the Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the event. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Parade is scheduled to start at 4:00 P.M. on Saturday, December 2. It will travel north on the southbound lane of Federal Highway beginning at SE 12th Avenue to Ocean Avenue where the Parade turns west. It will be necessary to close this portion of Federal Highway beginning at 1:00 P.M.. FISCAL IMPACT: Budgeted None ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 36 of 1712 ATTACHMENTS: Type Description Resolution approxAng road closure and D Resolution authorizing City Manager to apply for State Permit Page 37 of 1712 I RESOLUTION NO. R17 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY 5 CLOSING OF FEDERAL HIGHWAY ON DECEMBER 2, 6 2017, FOR THE ANNUAL HOLIDAY PARADE AND 7 AUTHORIZING THE CITY MANAGER OR HER 8 DESIGNEE TO APPLY FOR STATE PERMITS FOR 9 THE TEMPORARY ROAD CLOSING; PROVIDING 10 FOR EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach's annual Holiday Parade is scheduled to be 13 held on Saturday, December 2, 2017 at 4:00 p.m.; and 14 WHEREAS, in order to provide for the safety of the participants and citizens 15 attending the Holiday Parade, Federal Highway will be required to be closed from Boynton 16 Beach Boulevard south to Woolbright Road beginning at 1:00 p.m.; and 17 WHEREAS, the Florida Department of Transportation requires the local government 18 to authorize all temporary road closures on state roadways; and 19 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 20 the temporary closing of Federal Highway from Boynton Beach Boulevard south to 21 Woolbright Road on December 2, 2017, to provide for the safety of the participants and 22 citizens attending the Holiday Parade; and 23 WHEREAS, the City Manager (or her designee) is authorized to apply for the permit 24 for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida 25 Administrative Code, for said temporary closings; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are true and correct and 29 hereby ratified and confirmed by the City Commission 30 Section 2. That the City Commission of the City of Boynton Beach authorizes the 31 temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright 32 Road commencing at 1:00 p.m. on Saturday, December 2, 2017, for the annual Holiday 33 Parade. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\873DEF12-5FAB-4CC7-BCBF-ECBD50ABOA85\Boynton Beach.7349.1.Road Closings_Holiday Parade_(2017)_-_Reso.doc Page 38 of 1712 34 Section 3. The City Manager (or her designee) is hereby authorized to apply for 35 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 36 Administrative Code, for said temporary closings. 37 Section 4. That this Resolution will become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2017. 39 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Justin Katz 47 48 Commissioner—Mack McCray 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Joe Casello 53 54 55 VOTE 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 64 (Corporate Seal) 65 66 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\873DEF12-5FAB-4CC7-BCBF-ECBD50ABOA85\Boynton Beach.7349.1.Road Closings_Holiday Parade_(2017)_-_Reso.doc Page 39 of 1712 6.B. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-101 - To support and encourage the efforts to proceed with improvements to the Chain of Lakes, the Ocean to Trails Initiative and development of a boat lift at the C51 Canal S155 control structure. EXPLANATION OF REQUEST: The City Commission discussed the request to pass a supporting resolution and voted unanimously on October 3, 2017 to approve a resolution. Robert Shalhoub, President Pro Tem of Lake Clarke Shores addressed this issue with the Commission on October 3rd. The Board of Directors of the PBC League of Cities passed Resolution 2016-01 on January 27, 2016 supporting and encouraging development of the chain of lakes blueway trail project(see attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted None ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 40 of 1712 ATTACHMENTS: Type Description D Resolution Resolution Supporting C-51 Improvements D Attachment Minutes 10-3-17 D Attachment PBC League Reso 2016-01 D Attachment Reso- Indirect Cities Page 41 of 1712 1 2 RESOLUTION R17- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 6 BOYNTON BEACH, FLORIDA SUPPORTING AND 7 ENCOURAGING EFFORTS BY THE TOWN OF LAKE CLARKE 8 SHORES AND NEIGHBORING MUNICIPALITIES TO PROCEED 9 WITH IMPROVEMENTS TO THE CHAIN OF LAKES, THE 10 OCEAN TO TRAILS INITIATIVE AND DEVELOPMENT OF A 11 BOAT LIFT AT THE C51 CANAL S155 CONTROL STRUCTURE; 12 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 13 PURPOSES 14 15 16 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 17 Cooperation Act of 1969," authorizes local governments to make the most efficient use of 18 their powers by enabling them to cooperate with other localities on a basis of mutual 19 advantage and thereby to provide services and facilities that will harmonize geographic, 20 economic, population and other factors influencing the needs and development of local 21 communities; and 22 23 WHEREAS, the desire of our sister cities to develop recreational opportunities, 24 encourage economic development, and create new jobs within their regional area while 25 enhancing the environmental attributes of their communities should be commended; and 26 27 WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The 28 Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future 29 ('09 Charrette) for the Palm Beach County Metropolitan Planning Organization (MPO) 30 published in January 2009; and 31 32 WHEREAS, the '09 Charrette participants identified six core public themes 33 including increasing public access to the Intracoastal Waterway (ICW), protecting natural 34 resources, expanding all forms of water based transportation, and promoting sustainable 35 economics; and 36 37 WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their 38 report was published in January 2015 which documented that a connection to the ICW at the 39 S155 Control Structure on the C51 Canal would have significant economic and recreational Page 1 of 3 C:AProgram Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\849E9803-6FF0-47AC-AE04- BB954708F8BF\BoyntonBeach.7411.1.Supporting_C-51_Improvement_-_Reso.Doc Page 42 of 1712 40 benefit; and 41 42 43 44 WHEREAS, the C51 Canal is connected to a 26 mile chain of freshwater lakes (Pine 45 Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our 46 regional area; and 47 48 WHEREAS, the City of Boynton Beach supports improvements to the C51 Canal that 49 would enhance the recreational uses of the ICW, C51 Canal, and the Chain of Lakes and 50 provide for new economic opportunities and job creation; and 51 52 WHEREAS, a connection between the ICW and the C51 Canal at the 5155 Control 53 Structure would provide for economic development, job creation and recreational 54 enhancement. The connection has been referred to as the "Boat Lift" and is estimated to 55 provide significant economic benefit to the regional area; and 56 57 WHEREAS, the City of Boynton Beach recognizes a significant environmental 58 resource in the canals and lakes that must be protected and improved; and 59 60 WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, 61 safe and effective portage opportunities for non-motorized recreational watercraft, and small 62 motorized boats to access the ICW; and 63 64 WHEREAS, the current President of the Palm Beach County (PBC) League of Cities 65 has created an initiative called Ocean to Lake Trails focused on enhancement of the land and 66 water trail system from the Ocean to the Lake Okeechobee Trail System; and 67 68 WHEREAS, the Ocean to Lake Trails Committee of the PBC League of Cities has 69 identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to 70 that Ocean to Lake Trails initiative; and 71 72 WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional 73 visioning session, where redevelopment was the number one priority for this area of Palm 74 Beach County; and Page 2 of 3 C:AProgram Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\849E9803-6FF0-47AC-AE04- BB954708F8BF\BoyntonBeach.7411.1.Supporting_C-51_Improvement_-_Reso.Doc Page 43 of 1712 75 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 76 THE CITY OF BOYNTON BEACH, FLORIDA: 77 78 SECTION 1: The foregoing "WHEREAS" clauses are true and correct and 79 hereby ratified and confirmed by the City Commission 80 SECTION 2: The City Commission fully acknowledges and supports the 81 following: 82 A. Recreational opportunities, economic development and environmental 83 enhancement which occur within the partner municipalities are beneficial to the 84 regional area and ultimately to the City of Boynton Beach; and 85 B. The efforts of the partner municipalities to proceed with improvements to the 86 chain of lakes, the Ocean to Lake Trails initiative and development of a boat lift at 87 the C 5 1 canal and the S155 control structure. 88 89 SECTION 3: This Resolution shall take effect immediately upon passage. 90 91 PASSED AND ADOPTED this day of , 2017. 92 93 CITY OF BOYNTON BEACH, FLORIDA 94 95 YES NO 96 97 Mayor— Steven B. Grant 98 99 Vice Mayor—Justin Katz 100 101 Commissioner—Mack McCray 102 103 Commissioner—Christina L. Romelus 104 105 Commissioner—Joe Casello 106 107 108 VOTE 1o9 ATTEST: 110 111 112 113 Judith A. Pyle, CMC 114 City Clerk 115 Page 3 of 3 C:AProgram Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\849E9803-6FF0-47AC-AE04- BB954708F8BF\BoyntonBeach.7411.1.Supporting_C-51_Improvement_-_Reso.Doc Page 44 of 1712 116 117 (Corporate Seal) 118 Page 4 of 4 C:AProgram Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\849E9803-6FF0-47AC-AE04- BB954708F8BF\BoyntonBeach.7411.1.Supporting_C-51_Improvement_-_Reso.Doc Page 45 of 1712 Meeting Minutes City Commission Boynton Beach, Florlda October 3, 2017 11. UNFINISHED BUSINESS — None 12. NEW BUSINESS A. Approve the Right of Way dedication of 7.5 feet of property along the southern property boundary of the property located at 711 N. Federal Highway to the City of Boynton Beach as approved by the Community Redevelopment Agency(CRA) on August 8, 2017 Motion Commissioner Romelus moved to approve. Commissioner McCr seconded the motion. Vote The motion unanimously passed. B. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. Robert Shalhoub, President Pro Tern of Lake Clarke Shores to participate in discussion. Robert Shalhoub, President Pro Tem, Lake Clark Shores, explained the concept arose four years ago. There are five chains of lakes comprising out 23 miles along the ICW, but there is no access to the salt water Intracoastal. The spillway between West Palm Beach and Lake Worth is the beat location for IC W access. Mr. Shalhoub went to Tallahassee two years ago and obtained $287,000 for the engineering and design of the lift, which was completed. They approached the Board of City Commissioners seeking a line item request of out $25,000 as seed money to make application for a permit and was successful. They need to have an entity sign the application. The South Florida Water Management District (SFWMD) and the Florida League of Cities supported the application and passed a resolution of support, as did 15 other communities. The Treasure Coast Regional Planning Council conducted a study in January 2015 and it suggested if the ICW goes through, there will be an increase in ad valorem taxes in Palm Beach County of $30 million to $ 75 million annually. It will be an engine to encourage economic development along the ICW,West Palm Beach,and Lake Worth. Mr. Shalhoub explained all the municipalities on the chain of lakes has a vested interest in the item. The lift can handle boats that are no more than 23.5 feet. The height of the boat can be no more than 5.5 feet from the water level to the boat canopy. About 80% of boats registered in Palm Beach County can access the IC W with these measurements. Twenty- four cities did not sign on. Commissioner Cray recalled the City Commission supported the item when it was first introduced. The lift will be on the north side of Lake Worth at Spillway Park. An interlocal agreement has to be entered into with the SFWMD, the City of Lake Worth and Palm Beach County. Mayor Triolo supports it and wants the County to assume full responsibility for the project. 9 Page 46 of 1712 Meeting Minutes City Commission Boynton each, Florida October 3, 2017 Commissioner Mcry not the staging of boats will not be a problem and asked about the boat trailers. Mr. Shalhoub explained there is no access and boaters will have to get in the queue. There will also be access for non-motorized watercraft such as canoes and paddleboa rd. Seado's and jet skis were not contemplated at this time. Mayor Grant favored the request as the City is an the chain of lakes and now boaters can go to 2 Georges and Banana Boat. He also hoped the County would raise the height of the bridges over the chain of lakes as he had heard that sometimes boats could not get through during high tide. He commented the request was a benefit tote County and City and to increase the Bl in Palm Beach County. Mr. Shalhoub had flyers he distributed to the City Commission. Mayor Grant opened public comment. No one came forward. Motion Vice Mayor Katz moved to approve. Commissioner cCray seconded the motion. Vote The motion unanimously passed. C. Discussion relating to the Building Board of Adjustment and Appeals Board as to establishment, duties and future. Attorney Cherof explained the meeting backup includes the City of Boynton each local amendments to the Florida Building Code, describing the responsibilities and the Board's scope of authority. It was created prior to the previous Building Code, which evolved into the Florida Building Code. The Board meets infrequently and only when there is a specific appeal if someone challenges the interpretation of building official or city administrator. In the last few years, the Board only met two or three times. When the Building Code was different, they met more frequently. Commissioner Romelus asked Mr. Mack if he foresaw future changes. Andrew Mack, Development Director, explained in nine years, the Board met 10 to 12 times. Specifically, the Board reviews appeals as part of due process through Business Tax or the Building Code. Commissioner cCray asked if the Board was a viable asset to the City. Mr. Mack explained the idea that they meet infrequently is a good thing. The Board gives the community a voice and the are contractors and attorneys on the Board that make rulings. The Board is advisory and makes a finding that is only appealable to the court. It is not a redundant Board. The Building Department can only give a certain amount of permit extensions for certain applications. During the economic downturn, there were times the Board granted further extensions. Another issue the Board may review is whether the Building Official is interpreting the Code correctly The Board provides a viable service. 10 Page 47 of 1712 RESOLUTION 2016-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. SUPPORTING AND ENCOURAGING DEVELOPMENT OF THE CHAIN OF LAKES BLUEWAY TRAIL PROJECT WHICH INCLUDES IMPROVEMENTS TO THE CHAIN OF LAKES, THE OCEAN TO LAKE TRAILS INITIATIVE AND DEVELOPMENT OF A BOAT LIFT AT THE C51 CANAL 5155 CONTROL STRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the desire of our cities to develop recreational opportunities, encourage economic development, and create new jobs within their regional area while enhancing the environmental attributes of their communities should be commended; and WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future('09 Charrette) for the Palm Beach County Metropolitan Planning Organization (MPO), published in January 2009; and WHEREAS, the '09 Charrette participants identified six core public themes including increasing public access to the Intracoastal Waterway (ICW), protecting natural resources, expanding all forms of water based transportation, and promoting sustainable economics; and WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their report was published in January 2015 which documented that a connection to the ICW at the S155 Control Structure on the C51 Canal wouldhave significant economic and recreational benefit; and WHEREAS, the municipalities within the heart of Palm Beach County are working to stimulate economic development by creating opportunities for ecotourism and a new freshwater marine industry and are calling the initiative the Chain of Lakes Blueway Trail Project; and WHEREAS, the C51 Canal is connected to a 26-mile chain of freshwater lakes (Pine Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our regional area; and WHEREAS, a connection between the ICW and the C51 Canal at the 5155 Control Structure would provide for economic development,job creation and recreational enhancement. The connection has been referred to as the "Boat Lift" and is estimated to provide significant Page 1 of 3 Page 48 of 1712 economic benefit to the regional area; and WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, safe and effective portage opportunities for non-motorized recreational watercraft, and small motorized boats to access the Lake Worth Lagoon; and WHEREAS,the current President of the Palm Beach County(PBC) League of Cities has created an initiative called Ocean to Lake Trails, focused on enhancement of the land and water trail system from the Ocean to the Lake Okeechobee Trail System; and WHEREAS, the PBC League of Cities Ocean to Lake Trails Committee has identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to that Ocean to Lake Trails initiative; and WHEREAS, the Palm Beach County League of Cities recognizes a significant environmental resource in the canals and lakes that must be protected and improved; and WHEREAS, the Palm Beach County League of Cities supports improvements to the C51 Canal that would enhance the recreational uses of the Lake Worth Lagoon, ICW, C51 Canal, and the Chain of Lakes and provide for new economic opportunities and job creation; and WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional visioning session, where redevelopment was the number one priority for this area of Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES,INC.: SECTION 1: The Palm Beach County League of Cities fully acknowledges and supports the following: A. Recreational opportunities, economic development and environmental enhancement which occur within the Chain of Lakes Blueway Trail Project which are beneficial to the regional area and ultimately to all of Palm Beach County; and B. The efforts of Palm Beach County, Lake Clarke Shores, Greenacres, Palm Springs, West Palm Beach, Boynton Beach, Cloud Lake, and Glen Ridge to proceed with improvements to the chain of lakes, the Ocean to Lake Trails initiative and development of a boat lift at the C51 canal and the S 155 control structure. SECTION 2: The Board hereby requests that this resolution be sent directly to the Governor of Florida, and members of the Palm Beach County Legislative Delegation. SECTION 3: This resolution shall take effect immediately upon adoption by the Board of Directors of the Palm Beach County League of Cities, Inc. PASSED AND ADOPTED this 27th day of January, 2016. Page 2 of 3 Page 49 of 1712 BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. Dawn Pardo,President (SEAL) A fE$T- Mo Thornton, Secretary/Treasuier Page 3 of 3 Page 50 of 1712 RESOLUTION 2015- A RESOLUTION OF THE [GOVERNING BODY] OF THE [MUNICIPALITY NAME], FLORIDA SUPPORTING AND ENCOURAGING EFFORTS BY THE TOWN OF LAKE CLARKE SHORES AND NEIGHBORING MUNICIPALITIES TO PROCEED WITH IMPROVEMENTS TO THE CHAIN OF LAKES, THE OCEAN TO TRAILS INITIATIVE AND DEVELOPMENT OF A BOAT LIFT AT THE C51 CANAL S155 CONTROL STRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the desire of our sister cities to develop recreational opportunities, encourage economic development, and create new jobs within their regional area while enhancing the environmental attributes of their communities should be commended; and WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future ('09 Charrette)for the Palm Beach County Metropolitan Planning Organization (MPO) published in January 2009; and WHEREAS, the '09 Charrette participants identified six core public themes including increasing public access to the Intracoastal Waterway (ICW), protecting natural resources, expanding all forms of water based transportation, and promoting sustainable economics; and WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their report was published in January 2015 which documented that a connection to the ICW at the S155 Control Structure on the C51 Canal would have significant economic and recreational benefit; and Page 1 of 3 Page 51 of 1712 WHEREAS, the C51 Canal is connected to a 26 mile chain of freshwater lakes (Pine Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our regional area; and WHEREAS, the [Municipality Name] supports improvements to the C51 Canal that would enhance the recreational uses of the ICW, C51 Canal, and the Chain of Lakes and provide for new economic opportunities and job creation; and WHEREAS, a connection between the ICW and the C51 Canal at the S155 Control Structure would provide for economic development, job creation and recreational enhancement. The connection has been referred to as the "Boat Lift" and is estimated to provide significant economic benefit to the regional area; and WHEREAS, the [Municipality Name] recognizes a significant environmental resource in the canals and lakes that must be protected and improved; and WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, safe and effective portage opportunities for non-motorized recreational watercraft, and small motorized boats to access the ICW; and WHEREAS, the current President of the Palm Beach County (PBC) League of Cities has created an initiative called Ocean to Lake Trails focused on enhancement of the land and water trail system from the Ocean to the Lake Okeechobee Trail System; and WHEREAS, the Ocean to Lake Trails Committee of the PBC League of Cities has identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to that Ocean to Lake Trails initiative; and WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional visioning session, where redevelopment was the number one priority for this area of Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE [GOVERNING BODY] OF THE MUNICIPALITY NAME], FLORIDA: SECTION 1: The [Governing Body] fully acknowledges and supports the following: Page 2 of 3 Page 52 of 1712 A. Recreational opportunities, economic development and environmental enhancement which occur within the partner municipalities are beneficial to the regional area and ultimately to the [Municipality Name]; and B. The efforts of the partner municipalities to proceed with improvements to the chain of lakes, the Ocean to Lake Trails initiative and development of a boat lift at the C51 canal and the S155 control structure. SECTION 3: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of [MUNICIPALITY NAME], FLORIDA FOR AGAINST BY: ATTEST: By: Page 3 of 3 Page 53 of 1712 6.C. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-102-Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City- contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of$30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 54 of 1712 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution assessing the cost of nuisance abatement D Exhibit Exhibit A Page 55 of 1712 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, 13 remove vegetation and board up structures on the properties, described in Exhibit"A"; and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department in an effort to recoup these costs with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent 21 letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien 22 on their property; and 23 24 WHEREAS, the City Manager or her authorized representative has made a report of 25 costs actually incurred by the City and abatement of said nuisance as to the property(s) 26 involved, which is described in Exhibit"A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be furnished 29 with a copy of this Resolution, and given one more opportunity to remit all costs associated 30 with the abatement in full within 30 days of the passage of the Resolution, before transmittal 31 to the County for recordation of Liens; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 Section 1: Each Whereas clause set forth above is true and correct and 38 incorporated herein by this reference. 39 40 Section 2: The amount of costs incurred by the City and the abatement of the 41 above-described nuisance as to the parcels of land, owned and indicated to wit: 42 43 44 SEE ATTACHED EXHIBIT "A" 45 46 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\94D1770B-C5E9-485B-A572-9AIAF7A2AEC2\Boynton Beach.7360.1.Nuisance Abatement for 110717 - Reso.doc Page 56 of 1712 47 Subject amount is hereby assessed as liens against said parcels of land as 48 indicated, plus an additional administrative charge of $30.00 for each Lien. 49 Liens shall be of equal dignity with the taxes there from for the year 2017, and 50 shall be enforced and collected in like manner pursuant to applicable 51 provisions of law. In the event collection proceedings are necessary, the 52 property owner shall pay all costs of the proceedings, including reasonable 53 attorneys fees. 54 55 Section 3. This Resolution shall become effective immediately upon passage. 56 57 58 PASSED AND ADOPTED this day of , 2017. 59 CITY OF BOYNTON BEACH, FLORIDA 60 61 YES NO 62 63 Mayor— Steven B. Grant 64 65 Vice Mayor—Justin Katz 66 67 Commissioner—Mack McCray 68 69 Commissioner—Christina L. Romelus 70 71 Commissioner—Joe Casello 72 73 74 VOTE 75 ATTEST: 76 77 78 Judith A. Pyle, CMC 79 City Clerk 80 81 82 (Corporate Seal) 83 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\94D1770B-C5E9-485B-A572-9AIAF7A2AEC2\Boynton Beach.7360.1.Nuisance Abatement for 110717 - Reso.doc Page 57 of 1712 rn rn rn r- C O O O N 00 00 4 O to 00 Ln O N 76 N C Ol Ol Ol 'Eb O0 o6 o6 M H rn © Q {/)- {/)- {/� 0 N 00 �o 00 O Ol N 00 '....... > M N c-I c-I c-I c-I '...,. N O o N M N M O 0) cI O N 4-- 0 O O O O co LO V O rlj �—I (D c-I c-I c-I 0) N N N m Ln Ln Ln R� R� R� R� R� R� co co co O ol O Ln co Rt 00 l0 N Q s H fU u L. L CO J m NLn cNi X tn, C M >C N Lu OL i 4O Rt O CF) � ci i C M V) O V) 00 Q O U N D O m LL. M 2 I� ci N s 4, J M p) Q L >� N O 0 JO z00 4 M N N NC: Q Ln Q U Nj z U f6 __j J u Q) N s E L E Ln z C 1 ,+ ; 0 s Ln J C: a) s Ln O O z C: �n O N +' s L f6 C m Q 2 6.D. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-103-Approve Amendment to Agreement for Special Magistrate Services to increase the Special Magistrate's hourly rate. EXPLANATION OF REQUEST: On August 6, 2013, the City Commission appointed James D. Stokes to serve as the Special Magistrate for Local Red Light Camera hearings and approved the City Manager to sign an Agreement for Special Magistrate Services. The Special Magistrate has requested that his hourly rate be increased from$140 per hour to $200 per hour. City Staff recommends that the rate be increased to $200 per hour as requested. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Funds are budgeted for magistrate costs in the Traffic Safety fund under account 103-2110-521-49-17. Based on previous years expenses, the increase in hourly rate would cost approximately an additional $2,500 per year. Previous years expenses: FY 16/17 $6,188.00 FY 15/16 $7,910.00 FY 14/15 $ 840.00 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 59 of 1712 ATTACHMENTS: Type Description Resolution Approving Amendment to Agreement D Resolution for Special Magistrate Services to increase the Special Magistrate's hourly rate D Attachment Original Contract and Agenda item for Red Light Camera Special Magistrate D Attachment James Stokes most recent invoices Page 60 of 1712 1 RESOLUTION R17- 2 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING AN AMENDMENT TO AGREEMENT 7 FOR SPECIAL MAGISTRATE SERVICES TO INCREASE THE 8 SPECIAL MAGISTRATE'S HOURLY RATE; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, on August 6, 2013, the City Commission appointed James D. Stokes to 13 serve as the Special Magistrate for Local Red Light Camera hearings and approved the City 14 Manager to sign an Agreement for Special Magistrate services; and 15 WHEREAS, the Special Magistrate has requested that his hourly rate be increased 16 from $140 to $200 per hour; and 17 WHEREAS, the City Commission of the City of Boynton Beach upon 18 recommendation of staff, deems it to be in the best interest of the citizens of the City of 19 Boynton Beach to approve an Amendment to Agreement for Special Magistrate to increase 20 the Special Magistrate's hourly rate. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission does hereby approve an Amendment to 27 Agreement for Special Magistrate to increase the Special Magistrate's hourly rate . 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\AB259CBD-F1 BA-4480-B3F6-FE509FB209E3\Boynton Beach.7464.1.Amendment_to_Agreement_with_RLC_Special_Magistrate_Stokes_=Reso.doc Page 61 of 1712 30 PASSED AND ADOPTED this day of , 2017. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Joe Casello 44 45 VOTE 46 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 (Corporate Seal) CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\AB259CBD-F1 BA-4480-B3F6-FE509FB209E3\Boynton Beach.7464.1.Amendment_to_Agreement_with_RLC_Special_Magistrate_Stokes_=Reso.doc Page 62 of 1712 6. N CONSENTAGENDA August 6, 2013 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: August , 2013 El OPENINGS 0 PUBUcHEARING El OTHER CITY MANAGER'S REPORT NATURE OF -ANNOUNCEMENTS/PRESENTATIONS UNFINISHED USINESS AGENDA ITEM ADMINISTRATIVE U NESS ONSENTA ENDA LEGAL ICiS AND PURCHASES OVER$100,000 E3 FUTURE AGENDA ITEMS 4+OE COMPLIANCE AND LEOAI. SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. 13-075- Authorize the City Manager to enter into agreements with Jon D. Gurney, P.A. and James D. Stokes to provide Special Magistrate services for the local hearings of the Red Light Camera violations. EXPLANATION OF REQUEST: The City Commission approved Ordinance No. 13-019 on June 18, 2013 establishing the City's local hearing process for Red Light Camera citations. As part of the local process the City needs to appoint at least one (1) Special Magistrate to consider appeals of these citations. The Ordinance also provided for the qualifications of the Special Magistrate, The City received inquiries from three (3) attorneys expressing interest in serving in this capacity. After reviewing the information provided from the attorneys the City decided to extend an offer to two (2) attorneys to serve as Special Magistrates for the City. The City intends to hold the hearings weekly in the Commission Chambers and have the Special Magistrates rotate on a monthly basis and if possible cover for each other in the event of a scheduling conflict. The intent is to have the hearings on the same day each week to start, with the possibility of adjusting the schedule based on caseload. The City would provide the necessary equipment and background documents for the Special Magistrates to conduct the hearings. 277 of 520 Page 63 of 1712 The attached agreements contain the following conditions for each Special Magistrate- * Compensation of$140/hour with no additional charge for mileage, travel time or incidentals; * Two (2) hour minimum on hearing session days-, * City will compensate for actual time spent for any necessary training for the ATS system or pre hearing preparation How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Entering into these agreements for Special Magistrate services will provide a necessary component for the City to conduct local hearings for Red Light Camera citations as outlined in Ordinance No. 13-019 that was approved by the Commission on June 18, 2013. FISCAL IMPACT: The estimated annual costs for these services were part of developing the Administrative Fine of$85.00 per violation that was previously approved by City Commission to recover the costs of the City holding these hearings as allowed by the legislation that went into effect as of July 1, 2013. ALTERNATIVES: Not to enter into these agreements and either do a formal bid process or not hold the local hearings and cease the red light camera program. 278 of 520 Page 64 of 1712 1RESOLUTION 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH APPOINTING JAMES D. STOKES, TO SERVE AS 5 SPECIAL MAGISTRATE FOR LOCAL RED LIGHT CAMERA 6 HEARINGS; AUTHORIZING THE CITY MANAGER TO ENTER 7 INTO AN AGREEMENT FOR SPECIAL MAGISTRATE SERVICES; 8 AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission has adopted Ordinance No. 13-019 establishing a 11 Special Magistrate to preside over local red light camera hearings; and 12 WHEREAS, James D. Stokes,meets the requirements set forth in the City of Boynton 13 Beach Code to serve as Special Magistrate to preside over local red light camera hearings as 14 needed; and 15 WHEREAS, James D. Stokes, does not currently prosecute red light camera 16 violations and do not intend to prosecute such violations in the foreseeable future; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to 18 be in the best interests of the citizens and residents of the City of Boynton Beach to appoint 19 James D. Stokes, to serve as Special Magistrate and to authorize the City Manager to enter 20 into an Agreement for Special Magistrate Services with James D. Stokes. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2FLORIDA: 23 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed 24 as being true and correct, and are incorporated herein by this reference. 5 at the City Commission of the City of Boynton Beach, Florida 26 hereby appoints James D. Stokes, to serve as Special Magistrate and authorizes the City 27 Manager to enter into an Agreement for Special Magistrate Services with James D. Stokes, a 28 copy of which is attached hereto as Exhibit "A". 1 S ICAIRESO\Reso-Red Light Special Magistrate Appointment(Rev)Doc Page 65 of 1712 1 Section 3: This resolution shall become effective upon its passage and adoption by the 2 City Commission. 3 PASSED AND ADOPTED this day of 2013, 4 ALIW-1 5 CITY OF BOYNTON BEACH 6 7 8 9 MOt r—Jerri Taylor 10 11 12 13 ce Ma or—Woodrow L. Hay 14 15 16 17 Commfission r— yid T. Meill,,-. 18 19 • 20 21 Co missioner—Michael M. Fifpallick 'ss' mc 22 23 24 25 Co —dJoe Casello 26 27 ATTEST: 28 29 30 31 J t M. Prainito, MMC 32 ��ty Clerk 33 34 35 36 (Corporate Seal) 2 S 1CMRES01Reso-Red Light Spccutl Magistrate Appointment(Rev)Doc Page 66 of 1712 R13-075 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THIS AGREEMENT,made and entered into the_L day of 2013 by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Blvd, Boynton Beach,, FL 33425 (hereinafter referred to as "CITY"), AND James D. Stokes, a sole practitioner having the business address 100 Rialto Place, Suite 700, Melbourne, FL 32901 (hereinafter referred to as "SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the City of Boynton Beach CCityl has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City's Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008-034, which authorized t1w use of unmann d baffle infraction detectors (red light cameras) to enforce red light violations within the City; and, WHEREAS, In 2010, the Florida Legislature adopted the "Mark Wandall Traffic Safety Program,- §316.0083, Florida Statutes (the "State Act'j, which, among other things, expressly preempted to the State the subject matter of in unmanned cameradmonto ring devices, referred to as tmffic infraction detectors, in the State Act as defined therein,toenforce violations of rod light indications on traffic control devices as of July 1,2010;and, WREREAS, on July 20, 2010, the City Commission adopted Ordinance 2010-015, to conform the City's Code of Ordinances to the State Art;and, WEEREAS, during the 2013 Legislative Session, the Florida Legislature passed legislation, Chapter 2013-160, Laws of Florida, which provides for municipalities to conduct local hearings for persons that receive Notices of Violation (NOV) and request a hearing to contest such NOV;and, WHEREAS, at its meeting of June 18, 2013, the City Commission adopted Ordinance 2013-019 to conform the City's red light camera program to the new State Act; and WHEREAS, at its meeting of June 18, 2013, the City Commission, pursuant to Ordinance 2013-019, authorized the City Administration to take all steps necessary to implement Page 1 Page 67 of 1712 R1 3-075 the red light caniem Notice of Violation hearings required by state law, including the hiring of Special Magistrates; and WHEREAS, James D. Stokes (hereinafter referred to as the "SPECIAL MAGISTRATE")is qualified to serve a Special Magistrate; and WHEREAS,the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article J1, Section 5(a)of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE saves at the pleasure and at the wifl of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in order to set out the terms and conditions of employment related to this appointment; NOW THEREFORE, in consideration of the mutial. terms and conditions, promises, covenants and payments hereinafter set forth, CITY and James D. Stokes,agree as follows: Section 1. Recitals. The recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fiffly set forth in this section. Section 2. Services. A. SPECIAL MAGISTRATE agrees to provide SpecW Magistrate services by adjudicating red light camera ewes that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings sM1 beestablished by the CITY and may be amended from time to time. SPECIAL MAGISTRATE understands that Special Magistrates will be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to bear any and alI red light camera matters as specified by Florida law and authorized by the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings off and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, either electronicaUy or manually, in the manner specified by the CITY and in compliance with the State law. The CITY shall be responsible for furnishing a copy of the or to the applicable parties. C. SPECIAL MAGISTRATE is an independent con tractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as an officer or an employee of the CITY. Page 2 Page 68 of 1712 R13-075 D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar engaged in the private practice of law. E. SPECIAL MAGISTRATE has no existing client relationship which would pose a conflict of interest to his service as a Special Magistrate for CITY. SPECIAL MAGISTRATE does not currently prosecute red light camera violations in any form and does not intend to prosecute such violations in the foreseeable future. Should SPECIAL MAGISTRATE commence prosecution of red light camera violation cases, SPEC L4LL MAGISTRATE shall not be permitted to adjudicate the CITY'S red light camera cases, and this agreement shall terminate immediately out any Ruther action required by the CITY. Section 4. A. CITY agrees to pay SPECIAL MAGISTRATE Oxw Hundred Forty Dollars and 00/100 ($140.00) per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, fora at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE -under tw conditions set forth in this agreement. Such invoice shall be submitted to: City of Boynton Beach, Attention: Accounts Payable, 100 E. Boynton each Blvd,Boynton Beach, FL 33425. C. Payment shall be made monthly to the SPEC UL MAGISTRATE at: James D. Stokes 100 Rialto Place, Suite 700 Melbourne, FL 32901 Section 5. Term of Agreement A. This Agreement shall be effective upon the approval of the City Commission and shall be effective until terminated by the CITY or as otherwise provided herein. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause. B. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty(30) calendar days' written notice to the CITY. Page 3 Page 69 of 1712 R13-075 Section& Amendmenb- As a modification, muendment or a1wration in the terms of conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dipity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party out the prior written consent of the CITY. THE REST OF THIS PAGE HAS BEEN 114TENTIONALLY LEFT BLANK. Page 4 Page 70 of 1712 R13-075 IN WrrNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. CITY ATTEST: CITY OF 130YNTON BEACK FLORIDA: Jan city1 ,City Manager APPRO S F OFFICE THE Ctft A SPECIAL MAGISTRATE Stokes-""-- Stateof Eorlo County0f 1PA'r—V-'-3 The foregoing instrurnent was acknowledged before me,the undersigned Notary Public in and for the State of Florida,on this.the I O� day of ALmNL&A 2013 by (Magistrate),Esquire. WITNESS my hand and official seal Publie, State of & 1-ke e"-c —1--> EXpIREM,F&UM J5,9014 Printed,typed or stamped name of Notary Public exactly as commissioned Personally known to me, or Produced identification: ClDntka —orivir L it,P-151L, (type of identification produced) Page 5 Page 71 of 1712 James D. Stokes LNVOICE May 5, 2017 Captain Matt Zeller Boynton Beach Police Department 100 East Boynton Beach Blvd, Boynton Beach,Florida 33425 Date 'tem Ljg Time Ainount 0 —1:7� --a4 1 .20 2.6 $364.00 7 �j 04.272 2-7 $ .......m.- Total}f2,11 arct. $742,00 Total Due: $742.00- Checkn Verifie& s ca ble to. Notes.- James D. Stokes Re. Special Magistrate service 100 Rialto Place,Suite 700 as approved by Resolution No.13-075 Melbourne,Florida 32901 for Red Li-lit Camera hearinp. tel. 321.704,0046 einail:istokesl627@grnail.com FEIN: 45-4503014 r 00\ 0 2- Rtp s w° 808rd Certified Specialist Labor&Ernploynierd Lazo 130ard Certified S ecialist Ohi, Counhi&Local Gotxrwiietit Law Page 72 of 1712 James D. Stokes INVOICE June 2,2017 Captain Matt Zeller Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach,Florida 33425 Date Item 74mo I A 05.11-20I-7——Red Light—Adjudicati—on-Hearing,, 2A $392.00 C6.25.2017 Red Adj?dic-a—tion—Hea-r—ing. - .2 Totalf $7000 .or M�rch. ®0 - Total Due: $700X0 Verifled: Orecks can be njadeai able to: Notes: a James D. Stokes e®Special Magistrate service 100 Rialto Place,Suite 700 as approved by Resolution No. 13-075 r�Melbourne,Florida 32901 for Red Light Camera hearings. tel. 321.704.0046 email:jstokes1627@gniaj].COM FEIN., 45-4503014 r It `01RU-4 Board Certified Speclahs— t Labor&Ernployinew Lmi, 101VO&,.r cE.wv ABoard Certified Specialist Cihj, Comply&Local Gowrwnenl Law Page 73 of 1712 James D. Stokes INVOICE July 17, 2017 Captain Matt Zeller Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach,Florida 33425 Date Its Time Amosint K08.2017 Red Li la Adjudication Hea"g_U_Ee 17j, 2.4 $336,00 07.13,2017 Red Light Adjjudicalion Hear'ng_July jO172.7 375.00 Toa I Due: $714<00 Verified: -Checks can be made,payable to, Notes: James D. Stokes Re.Special Magistrate service 100 Rialto Place,Suite 700 as approved by Resolution No,1 075 Melbourne,Florida 32901 for Red Light Camera hearinp.__ tel.321.704.0046 email:jstokesl627@gmail.com FEIN: 45-4503014 ala 1 �� 0Z 9 "CxpRlb 10 Board Labor&Emplopytepit Law CE *Board Certified Specialist Cihj, County&bxal Goventmew Law Page 74 of 1712 6.E. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-104-Approve and authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance I nc., d/b/a All County Paving of Delray Beach, FL, in the amount of$76,815.61, plus a 10% contingency in the amount of$7,700 for a total cost of$84,515.61 for the purpose of restriping several of the City's streets utilizing the City of West Palm Beach's Paving Contract#16393 pricing, terms and conditions. EXPLANATION OF REQUEST: The finance department has confirmed with the City of West Palm Beach and the contractor that we are able to utilize this contract. The Finance Department also has the complete City of West Palm Beach Contract on file. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. Over the past several years, City staff and elected officials have received a growing number of complaints from the residents and visitors regarding the faded or missing pavement markings. As such, staff proposes to reapply the thermoplastic pavement markings. The proposed contract with M&M Asphalt Maintenance Inc. is piggy backed upon the City of West Palm Beach General Roadway and Miscellaneous Construction Contract #16393. The useful life of thermoplastic stripes is about 6-8 years. As pavement marking age, their reflective qualities deteriorate due to loss of adhesion with the pavement and loosening and detaching of the glass beads embedded in the markings. The degradation process is accelerated by extreme weather conditions and vehicle off-tracking (where vehicle tires travel directly on the striped lines). In our climate, the marking material damage is caused by expansion and contraction of the marking and pavement at different rates, which results from extreme temperature fluctuations. Also breakdown of the chemical bond and resins and pigment components of the markings have been attributed to ultraviolet rays. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Restriping will provide pavement markings for a minimum of 6 years. FISCAL IMPACT: Budgeted This project will be funded by the sale tax dollars. The proposed construction cost, plus contingency is $84,515.61 and shall be funded from the Transportation/Roadway component of the City's Capital Improvement Plan (Project Number: CP0266, and Account Number Fund-Location—Exp: 302-4905-580.63- 08) ALTERNATIVES: Defer all the striping to a future year (not recommended). The use of paint is not allowed by code. STRATEGIC PLAN: Page 75 of 1712 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving proposal with M & M Asphalt for restriping City streets D Attachment Gateway Blvd Pavement Marking Proposal D Attachment Piggy back proposal used as basis D Attachment City of WPB award notification Page 76 of 1712 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN 5 THE PROPOSAL FROM M&M ASPHALT MAINTENANCE, 6 INC., D/B/A ALL COUNTY PAVING OF DELRAY BEACH, FL 7 FOR THE PURPOSE OF RESTRIPING SEVERAL OF THE 8 CITY'S STREETS UTILIZING THE CITY OF WEST PALM 9 BEACH'S PAVING CONTRACT #16393 PRICING, TERMS AND 10 CONDITIONS IN THE AMOUNT OF $76,815.61, PLUS A 10% 11 CONTINGENCY IN THE AMOUNT OF $7,700 FOR A TOTAL 12 COST OF $84,515.61; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, over the past several years, City staff and elected officials have 16 received a growing number of complaints from the commercial businesses and the 17 residents that frequent those businesses regarding the faded or missing pavement 18 markings; and 19 WHEREAS, the proposal from M&M Asphalt Maintenance, Inc., is a piggy-back 20 of the City of West Palm Beach General and Miscellaneous Construction Contract#16393 21 and it has been confirmed with the City of West Palm Beach and the contractor that we are 22 able to piggy-back their contract; and 23 WHEREAS, upon recommendation of staff, the City Commission of the City of 24 Boynton Beach does hereby approve the piggy-backing of the City of West Palm Beach 25 Contract #16393 pricing, terms and conditions with M&M Asphalt Maintenance, Inc., 26 d/b/a All County Paving of Delray Beach, FL in the amount of $76,815.61, plus a 10% 27 contingency in the amount of $7,700 for a total cost of $84,515.61 for the purpose of 28 restriping several of the City's streets. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B601 E9BE-EEE3-4195-99C4-C6B477E168FB\Boynton Beach.7404.1.M_M_Asphalt_Restriping_Several_City_Streets_=Reso.doc Page 77 of 1712 32 as being true and correct and are hereby made a specific part of this Resolution upon 33 adoption hereof. 34 Section 2. The City Commission of the City of Boynton Beach, Florida, 35 hereby approves the piggy-backing of the City of West Palm Beach Contract #16393 36 pricing, terms and conditions with M&M Asphalt Maintenance, Inc., d/b/a All County 37 Paving of Delray Beach, FL in the amount of $76,815.61, plus a 10% contingency in the 38 amount of$7,700 for a total cost of$84,515.61 for the purpose of restriping several of the 39 City's streets. 40 Section 3. That the City Manager is hereby authorized to sign the proposal 41 with M&M Asphalt Maintenance, Inc., d/b/a All County Paving of Delray Beach, FL, a 42 copy of which is attached hereto. 43 Section 4. That this Resolution shall become effective immediately. 44 PASSED AND ADOPTED this day of , 2017. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Justin Katz 51 52 Commissioner—Mack McCray 53 54 Commissioner—Christina L. Romelus 55 56 Commissioner—Joe Casello 57 58 ATTEST: VOTE 59 60 61 Judith A. Pyle, CMC 62 City Clerk 63 64 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B601 E9BE-EEE3-4195-99C4-C6B477E168FB\Boynton Beach.7404.1.M_M_Asphalt_Restriping_Several_City_Streets_=Reso.doc Page 78 of 1712 it 0 PAVEMENT MANAGEMENT' Sd LUTION fYsi?i€V�PaS s�IaPP d.rv,��srly '.3� " Licensed contractor#U-21491 " CHANGE ORDER Change Order#: 001 October 9, 2017 Job#: 01015488J Customer Name/Address: Property Location: Attn: Gary Dunmyer Gateway Blvd. City of Boynton Beach East Crosswalk at Congress Avenue to West 100 E Boynton Beach Blvd Crosswalk at High Ridge Road Boynton Beach, FL 33425 T. 561.742-6231 E. DunmyerG@bbfl.us As per the City of West Palm Beach Annual Contract: Item Item Description Unit Quantity Unit Cost Cost No. 1 Mobilization LS 1 $ 3,000.00 $3,000.00 2 Maintenance of Traffic LS 1 $ 5,500.00 $5,500.00 61 6" Solid White Thermoplastic Striping LF 22,643 $ 0.88 $19,925.84 62 6" Skip White Thermoplastic Striping LF 7,346 $ 0.88 $6,464.48 63 6" Solid Yellow Thermoplastic Striping LF 13,980 $ 0.88 $12,302.40 64 6" Skip Yellow Thermoplastic Striping LF 638 $ 0.88 $561.44 66 12" Solid White Thermoplastic Striping LF 5,949 $ 1.65 $9,815.85 67 18" Solid White Thermoplastic Striping LF 428 $ 2.20 $941.60 68 18" Solid Yellow Thermoplastic Striping LF 118 $ 2.20 $259.60 69 24" Solid White Thermoplastic Striping LF 1,268 $ 3.30 $4,184.40 70 Special Pavement Message: ARROW (single and double) EA 71 $ 99.00 $7,029.00 Thermoplastic 71 Special Pavement Message: "SCHOOL" -8' High EA 11 $ 121.00 $1,331.00 78 Retro-Reflective Pavement Markers (RPMs)Y/Y EA 350 $ 4.40 $1,540.00 78 Retro-Reflective Pavement Markers (RPMs)W/R EA 900 $ 4.40 $3,960.00 Total $76,815.61 All County Inc., an M&M Asphalt Maintenance Company Office 561-588-0949 1 Fax 561-588-2140 11180 SW 10th Street, Delray Beach, FL 33444 Office 407-610-8069 1 Fax 407-380-2001 16648 Old Cheney Highway Unit D, Orlando, FL 32807 info(a_allcountypaving.com Members of ICSC,CAI,SEFAA,IREM,CREW,AAGO,BBB Note:All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or sPtKPs-P9dd€.1712 &12 10 MEMO eaelw E ST PALM BEACH City Attorney To: Jeri Muoio, Mayor From: Nancy D. Urcheck, Deputy City Attor ECEIVr, Date: October eAJ _, 2015 OCT 2 2 2015 Matter No: 16393 CITY OF WEST PAW, BEACH Dept. 420 Engineering Services OFFICE OF THE CMV CLERK Re: M&M Paving dba All County Paving: General Roadway; Misc Construction; GASB Rebid Transmitted herewith for your signature are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: Y Procurement Code. Commission Approval, Resolution No, City Charter Please take the actions indicated below with respect to these documents: • Attest to,the execution of the Agreement by the Mayor. • Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: (5 years from estimated completion and final payment; service and general contracts) X December 2030 (10 years from estimated completion and final payment for construction &CCNA contracts). Please retain one original as a public record and forward the other original to: Robin Hewitt, Engineering Services brn Page 80 of 1712 CITYS ORIGINAL City of West Palm Beach CONSTRUCTION FOR e �T V 0 ITB # 1 -15-134 PROJECT # - VARIOUS GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION CITY OF WEST PALM BEACH PUBLIC WORKS DEPARTMENT KHANH UYEN DANG, PE SENIOR PROJECT ENGINEER 401 CLEMATIS STREET, 4TH FLOOR WEST PALM BEACH, FL 33401 (561) 494-1040 ,a Page 81 of 1712 092415 City of West Par m (Beacfi CONSTRUCTION CONTRACT Work Orders Bid No. 1415-134 Project: General Roadway and Miscellaneous Construction Contract No. 16393 THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West Palm Beach, Florida 33401 (the "Owner') and M&M ASPHALT MAINTENANCE, INC., d/b/a ALL COUNTY PAVING, a corporation of the State of Florida, whose principal address is 1180 SW 1 OTH Street, Delray Beach, Florida 33444 ("Contractor ). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued an Invitation to Bid for the above-described project, which is incorporated into this Contract by this reference; and WHEREAS, the Contractor submitted its Bid in response; and WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1. SCOPE OF WORK. 1.1 If issued a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order for small roadway and miscellaneous construction projects, in accordance with the technical specifications and drawings specified for such Work Order. 1.2 Owner will issue Work Orders on an as-needed basis. Each Work Order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. 1.3 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. 1.4 A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 1.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Page 82 of 1712 092415 Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 1,6 No Work Order may be issued for work to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 1.7 No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 2. PRICES, Contractor shall perform the work for the prices set forth on Contractor's Bid. If specific circumstances require additional work of materials not listed in Exhibit B, the parties shall negotiate a price which shall be detailed in the Work Order. 1 PAYMENT AND INVOICES. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, payments under Work Order(s) shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents (when applicable). 4. CONTRACT TERM. 4.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last, 4.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. 5. LIQUIDATED DAMAGES. The actual damages Owner and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to Owner the sum of Two Hundred Dollars ($200) per calendar day as liquidated damages. 6. CONSTRUCTION BOND(S). If the estimated amount of any Work Order is $200,000 or more, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on Owner approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice, in accordance with the General Conditions. The City shall be an obligee under such bond(s). The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 7, SPECIAL TERMS. Page 83 of 1712 092415 & SMALL BUSINESS PROGRAM. 8.1 Compliance, Article IX of Chapter 66 of the City of West Palm Beach Code of Ordinances relating to the Small Business Program is incorporated in this Contract by this reference. The Contractor agrees to comply in all respects with its commitment to use the certified small businesses identified in Contractor's Bid in the manner and proportions set forth in the Bid. In the event that it is impossible or impracticable to engage or procure materials from one or more of the identified certified small businesses, the Contractor shall so notify the City's Small Business Division promptly in writing and shall thereafter ensure that that firm or firms are duly replaced by other certified small businesses unless written approval to the contrary is granted by the City. 8.2 Records, The Contractor agrees to maintain in an orderly fashion all relevant records and information that document its compliance with the Small Business Program and the utilization of and payment to certified small businesses under this Contract; and shall make said records available to the City for inspection during reasonable business hours. Copies of all contracts between the Contractor and firms engaged by it in connection herewith shall be submitted to the City upon the City's request. 9. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor deems both his inspection of the site and review of information furnished by Owner to be an adequate investigation. Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time. Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site and that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 10ETHICS. Contractor acknowledges, agrees and commits that it shall comply with all applicable state and city rules and regulations. 11. CONTRACT DOCUMENTS. Contractor agrees, to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Contract and the following documents, all of which taken together are incorporated herein and form the Contract Documents. For convenience sake, some of the documents may not be attached to this Contract, but the listed documents make up the Contract Documents, whether or not they are attached. a. Each Work Order and all associated Documents b. Special Terms C. Contractor's Bid d. Schedule of Bid items e. Substitution Sheet f, Schedule of Subcontractors 9. Contractor License Verification Form h. Affidavit of Prime Bidder Page 84 of 1712 092415 i. Drug Free Certification j. Trench Safety Compliance Form, k. Small Business — Subcontractors Listing 1. Small Business — Statement of Small Business Participation M. Small Business — Letter of Intent n. Contractor's Material Suppliers 0. Public Construction Bond and Related Power of Attorney and Surety Certificate p- Insurance Certificates q. General Conditions r. Technical Specifications and Drawings S. Invitation to Bid This Contract shall be executed in two (2) original sets by Owner and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. ATTEST: CITY OF WEST PALM BEACH By: By: City derk Geraldine Mubi(iv Mayor CITY ATTORNEY'S OFFICE Date: 204� ApprovedS form and legality By:r'z�� lit ATTEST: Contractor: M&M ASP ALT MAINTENANCE, INC d/b/a V" ALL PAVING By: By: orate Secretary Print Name: AeGekj Print Name: Title: Page 85 of 1712 CITY OF WEST PALM BEACH GENERAL ROADWAY CONSTRUCTION Work Order No. Contract No, 16393. Contractor: M&M Asphalt Maintenance, Inc., d/b/a All County Paving Project/Work Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the "Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3.Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of subject only to adjustment as provided in the General Conditions. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents, (check if applicable) A detailed schedule of values is attached as Exhibit (check if applicable) Contingency, Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of$ 4. Liquidated, Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of ($_.00) per calendar day. Page 86 of 1712 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on Owner forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order and submittal of first invoice. [I (check if applicable) Construction bond not required and Work Order Price is less than $200,000, 6, Special Terms. 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program, including the utilization of, and payment to, certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the Owner as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for General Roadway and Miscellaneous Construction, dated , by and between the Owner of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule Special Terms Grant Requirements Substitution Sheet contractor's material Suppliers List Schedule of Subcontractors—including suppliers Trench Safety Compliance Form 2 Page 87 of 1712 ❑ Small Business—Statement of Small Business Participation ❑ The following Contract Documents may be found at www.,ci!ypfwpb.org/enginee[tng/. Owner's Approved Materials List Owner's Engineering Standard Details CONTRACTOR- CITY OF WEST PALM BEACH M&M ASPHALT MAINTENANCE, INC. d/b/a ALL COUNTY PAVING By: By: Geraldine Muoi ayor Print Name: Date: "I,() 20)b ATTEST: City Clerk OWNER ATTORNEY'S OFFICE Approval as to form and legality By. 3 Page 88 of 1712 ITB Rev.4-08 SECTION 2 — SPECIAL TERMS 1. Pre-Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5) days prior to the event to advise of his/her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 120 ONE HUNDRED TWENTY) calendar days after the date of such notice, and fully completed within 180 (ONE HUNDRED EIGHTY) calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE THOUSAND TWO HUNDRED ($1,200) per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S.218.80) (Permit) (Fee/Amount or calculation) Right-of-Way Permit See City website (www.cityofwpb,org) Parking Permit(Bagging of Meters) See City website (www.cityotpb.org) Refer to City Website(Vp�bor )for current permit fees. 4. Licenses, The Bidder will be required to have at the time of bid submittal, the following current license(s): . State of Florida General Contractor's License or Paving Contractors License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14-15-134 Page 89 of 1712 ITB Rev.4-08 • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. • Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation. In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 15% of the total contract value. 6, Construction Bond. If required, please refer to General Condition 11. Required YeS Not Required 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits, to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal/bid 9. Other Special Conditions: MULIM2E AWAR12 The City intends to award to a Primary and Secondary Vendor(s). The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14-15-134 Page 90 of 1712 401 Clematis Street, 5th Floor West Palm Beach, FL 33431 Telephone: (561) 822-2100 Telefax: (561) 822-1564 ES7 PALM BEACH m� Addendum 1 IT13 1415-134 July 1 , 2815 General c Miscellaneous Construction Each recipient of this Addendum acknowledges all of the provisions set forth in the Invitation to Bid (ITB) and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and become part of the above referenced ITB. This Addendum shall provide the following information: Questions and Answers Revised schedule of bid items Revised technical specifications The following documents are included with this adden urs • Addendum 1 ITB 14-15-134 • Addendum 1 ITB 14-15-134 Revised Schedule of Bid Items Questions and Answers Question 1: Co contractors have to Provide pricing on all iters or can items be marked PIA if the the contractor is not providing a quote' Answer Pricing must be provided for all items. Question 2: How will the City determine the low hid as there is no total of bid items? Answer This is a line item bid and the City's award decisions are based on the response or responses determined to be the blest value. Question 3 How will the award decision be made if not based on lowest bid? Answer Depending on the number of responses and bid prices multiple awards may be made. Awards will be basedon the best value to the City as determined by review and analysis of the submitted prices for each line item. Question 4: How will the City award work from the annual contract? Answer Work Orders will be issued for this contract. Addendum 1 14-15-134 Page 1 of 4 Page 91 of 1712 Question 5: Please clarify line item 88— Root Removal/Pruning. Is this one tree or all possible trees? Answer The line item refers to all trees. Question 6: Please clarify line item 95—Adjust Irrigation. Answer The line item is to adjust irrigation system in existing planter boxes or tree grates. Question 7: Has the City reduced the required paperwork for work orders and pay requests? How many forms are required for work orders and pay requests for this project? Answer For the typical work order the pay request includes the following items: 1, Work order form 2. Scope of work 3. Fee proposal 4. Statement of small business participation form 5, Letter of intent 6, Schedule of contractors 7. Drug free certificate 8Contractor's materials suppliers 9� Certificate of insurance 10. Bond Per Section 10.6 in the GC and the subcontractor utilization report. 10.5 InitialEg pyrnent. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer/Architect and Owner:. t. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2, List of subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager Addendum 1 14-15-134 Page 2 of 4 Page 92 of 1712 The following section is reproved from the Technical Specifications X ASPHALTIC LTlC a p is RE fE PAVEMENT. (BY Th1lCKNS AlUTYPE 1. 5 " 0R t. Method of fateasui ement. The quantity to be paid for under this Section shall be per square yard(8Y)of asphalt surface course and shall include all labor,material,and equipment required to construct the base layer and the final surface course as shown on the pian view and detail drawings 'Etre unit prices shall include compensation for Multiple mobilizations,labor,materials and equipment required to construct the new asphalt concrete Mase and surface courses. The contract unit price shall also include other miscellaneous work required to complete the work in accordance with Florida Department of Transportation Standard Specrfrcations for Road and Bridge Construction, latest edition and the Clay of West Beach specifications This unit price shall also include all necessary labor,materials,and equipment to adjust the valve boxes,manholes,runs,inlets,or anther fixatres to final grade, transitions to existing pavement, milling existing asphalt at tie-ins, tack coating,compaction,rolling,broorning,sawcutiing and any other work required to complete the work Basis of Payment. Payment shall be at the Contract Unit Price per square yard of pavement installed to the limits shown on the plants oras directed bythe Engineer in the field during construction. Y 10"L144EROCK BASE I Method of Measurement. The quantity to be paid for under this Section;shall be per square yard(SY)for limerock base installed and accepted The Contract Unit Price shall include compensation for all labor, materials, and equipment required to construct tate new time rocs;base,including prime coat in accordance with the plans and specificalons. The contract unit price shall also include other miscellaneous work required to correct all detective surfaces and deficient thicknesses and to cornpiele the work in accordance with Florida Depanment of Transportation Standard Specifications for Road and Bridge Construcbon,latest e M!toon and the City of West Beach specifications The Contractor may,at no additional cost to tete Clay of West Paint Beach,substitute 10-inch crushed concrete in lieu of lirrerock provided that filo minimum LBR 100 is achieved 2 Basis of Payment: Paynlenl shall be at the Contract Unit Price per square yard of linlerock base installed to the limits shown on the plans or as directed by the Engineer in the field during construction All of the other information remains the serine. Addend= 1 14-15.134 Page 3 of 4 Page 93 of 1712 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your proposal submittal may be cause for disqualification. Issued By: City of West Palm Beach Signed By: Procurement Division Patricia D. rmstrong July 17, 2015 Sr, Purchasing Agent z-� 7 PROPOSER: tl\, j C Signed By:4, Print Name: Title: Date: End of Addendum 1 Addendum 1 14-15-134 Page 4 of 4 Page 94 of 1712 City of West Talm Beacfi Schedule of Bid Iters ITB 14.154134 PROJECT" TITLE: General Roadway and iscellaneous Construction Item Ata. Item Description -=Unit Units GENERAL 1 Mobilization L 2 Maintenance of Traffic LS 3 Bonding L 4 Insurance LS 6 Construction Permits(Allowance) AL 6 Vehicle Towing(Allowance) AL ROADWAY 7 Reclaimed Asphalt Base Course(Up to 10") SY 8 Asphalt Emulsion for Reclamation(Asphalt Treated Base) CAL 9 Saw Cut Existing Concrete/Pavement up to 12°deep LF 10 Concrete Road Base Removal up to 12°deep SY 11 Excavation,Removal&Disposal of excess material CY 12 Mill Existing Asphalt(up to 2") SY 13 Mill Existing Asphalt(2°-4') SY 14 Asphalt&Base Removal,up to 24" SY 16 12"Compacted,Stabilized Subbase SY 16 FOOT Optional Base Group 4 Ton 17 FDOT Optional Base Group 6 Ton 18 FOOT Optional Base Group 9 Ton 19 Type SP-9.6 Asphaltic Concrete Ton 20 Type SP-12.5 Asphaltic Concrete Ton 21 Removal and Disposal of Old Guardrail LF 22 Reset Guardrail LF 23 Furnish&Install Guardrail,Steel Beam,Double Face,Incl Hardware LF 24 Furnish&Install Guardrail,Steel Beam,Straight Panel, Incl Hardware LF 25 Furnish&Install Aluminum Handrail per FDOT Specification LF Addendum 1 ITIS 14-1Sm134PaggP§6°oe1712 Utilities 26 Adjust Existing Manhole Top to Grade EA 27 Install New Manhole Top with Ring and Cover to Grade(remove and dispose of existing) EA 28 Adjust Type"A"Inlet to Grade EA 29 Remove and Replace Type"A"Inlet EA 30 Install New Type"A"Inlet EA 31 Adjust type"C"Inlet to Grade EA 32 Remove and Replace Type"C"Inlet EA 33 Install New "C"Inlet EA 34 Remove and Replace Type P-5(FDOT)Inlet EA 35 Remove and Replace Type P-6(FDOT)Inlet EA 36 New Type P-5 FDOT Inlet EA 37 New Type P-6 FDOT Inlet EA 38 Install New Water Valve box(remove and dispose of existing) EA 39 Adjust Water Valve Box EA_ 40 Remove and Replace Water Meter Box,Single(City standard) EA_ 41 Remove and Replace Water Meter Box, Double(City standard) EA Remove and Replace Electrical Pull Boxes with"New Basis'Model PBC1 11812TO2 or an 42 Approved Equivalent EA 43 Install Electrical Pull Boxes,"New Basis"Model PBC1 11812TO2 or an Approved Equivalent EA 44 Remove&Replace Traffic Signal Loops/Wiring(Per PBC Standard) At Cost 45 I'"stamped,Colored Concrete(6"thick) SY 46 Paver Brick(traffic rated) SY 47 Remove and Replace Paver Brick(traffic rated) SY 48 Speed Humps, Stamped Asphalt(up to 100SY),primed and painted SY CONCRETE 49 Concrete Removal up to 6"thick SY 50 4"Concrete Sidewalk SY 51 6"Concrete Pathway/Driveway SY 52 Concrete ADA Curb Ramp with detectable warning surface(FDOT standard) EA 53 16"ADA Compliant Detectable Warning Pavers Ramp EA 54 6"ADA Compliant Ramp with Armor-Tile Tactile System or an approved equivalent EA 55 Remove Concrete Curb All Type include asphalt restoration and sawcut LF 56 Concrete Curb Type T" LF 57 Concrete Curb Type'F LF 58 Concrete Header Curb(up to 12"X12") LF 59 Modified Concrete Curb LF 60 Concrete Valley Gutter LF Addendum 1 ITB 14-15-134 ag P Page 69 Ob)f41 712 STRIPING&SIGNAGE 61 6"Solid White Thermoplastic Striping LF 62 6"Skip White Thermoplastic Striping LF 63 6"Solid Yellow Thermoplastic Striping LF 64 6"Skip Yellow Thermoplastic Striping LF 65 6"Double Yellow Thermoplastic Striping LF 66 12"Solid White Thermoplastic Striping LF 67 18"Solid White Thermoplastic Striping LF 6,8 18"Solid Yellow Thermoplastic Striping LF 69 24"Solid White Thermoplastic Striping LF 70 Special Pavement Message:ARROW(single and double)Thermoplastic EA 71 Special Pavement Message:MERGE,ONLY, R/R,SCHOOL,SHARR O-W,Thermoplastic EA 72 Furnish and Install Single Sign Post AS 73 lRelocate Sign and Post AS 74 6"White Temporary Striping Paint LF 75 6"White Temporary Striping Plastic Tape LF 76 6"Yellow Temporary Striping Paint LF 77 6"Yellow Temporary Striping Plastic Tape LF 78 iRetro-Reflective Pavement Markers(RPMs)All colors EA LANDSCAPING 79 1 Bio-Barrier(12"wide) LF 80 Bio-Barrier(195'wide) LF 81 Sodding(Floratam) Sy 82 Sodding(Bahia) SY 83 Top Soil(S'Thick) SY 84 Red Designer Mulch(3") SY 86 Root Removal/Pruning AL 86 Tree Removal(up to 12"Diameter) EA 87 Seeding SY 88 Stump Removal up to 18"Diameter, Including Roots EA_ 89 Stump Removal up to 36"in Diameter,Including Roots EA 90 Tree Removal up to 18"in Diameter,Ind. Roots EA 91 Tree Removal up to 36'in Diameter,Incl. Roots EA 92 'Adjust Irrigation AL 93 Regrade Swales. SY *Highlighted items will not be evaluated Bidder Company Name, Signature of Official authorized to bind Bidder Print Name Title Date Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITB 14-15-134 P a 0'4 9(v s"712 *BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION, IT IS MANDATORY THAT ALL BIDDERS PROVIDE BOTH A SINNED PAPER ID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BIC TABULATION SHALL BE SUBMITTED, ITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISC, FLASH DRIVE, OR OTHER DIGITAL DATA STORAGE DEVICE. PAPER BID TABULATION ND ELECTRONIC BID TABULATION SHALL BE MATERIALLY CONSISTENT D CONTAIN THE SAME INFORMATION. IN CASE OF DISCREPANCY, THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AN ELECTRONIC C PY(V. SION F THE PROVIDED BID TABULATION MAY BE CAUSE FOR REJECTION OF THE BID. Addendum 1 ITB 14-15-134 PaPa ge 8 ofif 1712 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 822-2100 Telefax. (561) 822-1564 WEST PALM B E. AC H . --- Addendum 2 ITB 14-15-134 July 22, 2815 General: Roadway and Miscellaneous Construction Each recipient of this Addendum acknowledges all of the provisions set forth in the Invitation to Bid (ITB) and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and become part of the above referenced ITB. This Addendum small provide the following information: Questions and Answers Devised Section 2 Special Terms Devised Form B2 The following documents are included with this addendum. • Addendum 2 ITB 1 -15-134 • Addendum 2 ITB 14-15-134 Devised Section 2 -Special Terms • Addendum 2 ITB 14-15-135 Devised Form B2 Questions and Answers Question 1: Is a bid bond required for this project?' Answer No, a bid bond is not required. Bonding may be required for work orders issued for this contract. Question 2: Regarding Section 2 - Special Terms, Item 1, Time of Completion and Liquidated Damages. How will the contract time and fines be applied to the contract? Answer The time of completion dates are removed from the bid documents. Timing for substantial and final completion will be included on the work orders issued for individual projects. Liquidated damages will be calculated at 25% of each work order amount. Question 3: What dollar amount is to be used on Form B2? Answer No dollar amount is expected as this is a line item bid. There is a note on [lie form to refer to the list of bid items on Foram B3. Addendum 2 14-15-134 Page 1 of 3 Page 99 of 1712 Question 4: What dollar amount is to be used on the list of subcontractors on Form B5? Answer No dollar amount is expected at this time and the field, can be completed with TBD. The dollar amount will be included on the work order issued for a specific project. Question 5- How should suppliers for materials and dollar amounts be listed on Form B15? Answer Form B 15 can be left blank or marked TBD at this time; the information will be completed when a work order is issued for a specific project. Question 6: How should contractors respond to the allowance items on Form B? Should they be left blank or marked TBD? Answer The allowance items and lump sum items can be marked TBD for the bid response. Question 7. How should contractors provide SBE percentages when the quantities and value of the project(s) are unknown? Answer Include the names of your BE team and mark the percentage fields as TBD. Contractors will be expected to meet the SBE goal for the projects assigned via work order. All of the other information remains the same. Addendum 2 14-15-134 Page 2 of 3 Page 100 of 1712 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your j2roposa/submittal may be cause for discgualification. Issued By: City of West Palm Beach Signed By: Procurement Division { a ricia R, AT s-tr- n July 22, 2015 r.-Puricha in- Agent__,____,1 PROPOSERSigned By- Th. Print Name#. 6v, e Me 4k 6 A Lt c Title: - Vie S I A Date: Cal -\5 End of Addendum 2 Addendum 2 14-15-134 Page 3 of 3 Page 101 of 1712 ITB Rev.4-08 SECTION 2-SPECIAL TERMS 1 Pre-Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5) days prior to the event to advise of his/her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 424--G" HUNDRED M. _E*P14- TBD calendar days after the date of such notice, and fully completed within 180 (ONE HUNDRED EIGHTY) TBD calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE T-W 4MDRID ($� q TBD per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S.218,80) (Permit) (Fee/Amount or calculation) Right-of-Way Permit See City website(www.,cilyofwpb.org) Parking Permit(Bagging of Meters) See City website(www.cityofwpb.org) Refer to City Website (wpb,org)for current permit fees. 4. Licenses The Bidder will be required to have at the time of bid submittal, the following current license(s): 0 State of Florida General Contractor's License or Paving Contractor's License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14-15-134 3 Page 102 of 1712 QTR Rev.4-08 • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. • Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation,to Bid is 15%of the total contract value. 6. ConstrUGtion.Bond. If required, please refer to General Condition 11, Required Yes Not Required 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal/bid 9. Other iSpecial Conditions WEIMPMEAVAM The City intends to award to a Primary and Secondary Vendor(s), The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14-15-134 4 Page 103 of 1712 ITB Rev.4-08 O City of West (Pa(m Beach (B2) PID ITB 14-15-134 Proposal of: (Bidder Company Name) Bid Amount: $_N/A See Bid Items 1 — 96 on Form B3 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance, 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of $_NJA 6, Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8, Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project, 10. Substantial completion shall be within One U.-A-A -4 'r.--4- 1413:01 TBD calendar days. Final completion shall be in Ljun A.- TBD calendar days. 11. Liquidated damages for delay are agreed to be$47240-.0 TBD per calendar day. 12. Small Business participation for this project is 15%. ITB 14-15-134 14 Page 104 of 1712 ITB Rev.4.08 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14, All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15, The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10%or more of Bidder or its affiliates or subsidiaries: Name Address 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). have been RECEIVED and are A17ACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name- Business Address: (Street, City, State, Zip Code) State of incorporated: Telephone: Fax: BIDDER: Signature of Official authorized to bind Bidder. Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in rejection of the Bid. ITB 14-15-134 15 Page 105 of 1712 ETB Rev.4-08 "`{``� City o_ West Palet Beach (B2) ,, a ITB 14-15-134 Proposal of: M & M Asphalt Maintenance, inc. d/b/a All County Paving (Bidder Company Name) Bid Amount: N/A See Bid Items 1 – 96 on Form B3– Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his fullsatisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of N/A 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall; 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or ether security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 0. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project. 10. Substantial completion shall be within One Hu —A -pre } TBD calendar days. Final completion shall be in One Hundred Eighty(180)TBD calendar days. 11. Liquidated damages for delay are agreed to be$1,200.00 TBD per calendar day. 12. Small Business participation for this project is 15%. ITB 14-15-134 14 Page 106 of 1712 ITB Rev.4-08 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address None 17. The following employee(s)of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address None 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). 1 &2 have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: M& M Asphalt Maintenance, Inc. d/b/a All County Paying Business Address: (Street, City, State, Zip Code) 1180 SW 10th Street Delray Beach, FL 33444 State of Incorporated: FL Telephone: 561-588-0949 Fax: 561-588-2140 4igt"e"o:f0ffffliccia1 authorized to bind Bidder. Print NameKenneth Goldberg Title: President Date: 7-27-15 Failure to fully complete and sign this Bid Form may result in reiection of the Bid. ITB 14-15-134 15 Page 107 of 1712 City Schedule of Bid Items !TB 14-15-134 PROJECT TITLE: General Roadway and Miscellaneous Construction Item No. Item Description Unit Cost Units GENERAL 1 Mobilization TBC LS 2 Maintenance of Traffic TBD LS 3 Bonding TBD LS 4 Insurance TBD LS 5 Construction Permits(Allowance) TBC AL 6 IVehicle Towing(Allowance) TBC AL ROADWAY 7 Reclaimed Asphalt Base Course(Up to 10") $12.90 SY 8 Asphalt Emulsion for Reclamation(Asphalt Treated Base) $2.50 GAL 9 Saw Cut Existing Concrete/Pavement up to 12"deep $2.00 LF 10 Concrete Road Base Removal up to 12"deep $11.00 SY 11 Excavation, Removal&Disposal of excess material $25.00 CY 12 Mill Existing Asphalt(up to 2") $2.50 SY 13 Mill Existing Asphalt(2"-4") $3.10 SY 14 Asphalt&Base Removal, up to 24" $11.85 SY 15 12"Compacted,Stabilized Subbase $5.00 SY 16 FDOT Optional Base Group 4 $40.00 Ton 17 FDOT optional Base Group 6 $40.00 Ton 18 FDOT Optional Base Group 9 $40.00 Ton 19 Type SP-9.5 Asphaltic Concrete $11(7.00 Ton 20 Type SP-12.5 Asphaltic Concrete $110.00 Ton 21 Removal and Disposal of Old Guardrail $5.95 LF 22 Reset Guardrail $11.00 LF 23 Furnish&Install Guardrail„Steel Beam,Double Face, Incl Hardware $38.517 LF 24 Furnish&Install Guardrail, Steel Beam, Straight Panel, Incl Hardware $27.50 LF 25 Furnish&Install Aluminum Handrail per FDOT Specification $85.00 LF Addendum 1 1TB 1415-134 Page 1 of 4 Page 108 of 1712 Utilities 26 Adjust Existing Manhole Top to Grade $500-00 EA 27 Install New Manhole Top with Ring and Cover to Grade(remove and dispose of existing) $750-00 EA 28 Adjust Type"A"Inlet to Grade $2,500.00 EA 29 'Remove and Replace Type"A"Inlet $5,500.00 EA 30 Install New Type"A" Inlet $4,200-00 EA 31 Adjust type"C"Inlet to Grade $2,500-00 EA 32 Remove and Replace Type"C"Inlet $5,800-00 EA 33 Install New "C"Inlet $4,500,00 EA 34 Remove and Replace Type P-5(FDOT)Inlet $7,700.00 EA 35 Remove and Replace Type P-6(FDOT)Inlet S7,500.00 EA 36 New Type P-5 FDOT Inlet $6,200,00 EA 37 New Type P-6 FDOT Inlet $6,000.00 EA 38 Install New Water Valve box(remove and dispose of existing) $500,00 EA 39 Adjust Water Valve Box $350-00 EA 40 Remove and Replace Water Meter Box,Single(City standard) $500.00 EA 41 Remove and Replace Water Meter Box, Double(City standard) $600.00 EA Remove and Replace Electrical Pull Boxes with"New Basis"Model PBC1 1 1812TO2 or an 42 Approved Equivalent $1,500,00 EA 43 Install Electrical Pull Boxes,"New Basis'Model PBC1 1 1812TO2 or an Approved Equivalent $1,100,00 EA 44 Remove&Replace Traffic Signal Loops/Wiring(Per PBC Standard) TBD At Cost 45 Stamped, Colored Concrete(6"thick) $72.00 SY 46 Paver Brick(traffic rated) $30.00 SY 47 Remove and Replace Paver Brick(traffic rated) $35.00 I SY 48 spa (up o ),primed anpainted Ahltt1 OOSYidditd SY, S Y� CONCRETE 49 Concrete Removal up to 6"thick $10151 SY 5() 4"Concrete Sidewalk $34.50 SY 51 6"Concrete Pathway/Driveway $42.50 SY 52 Concrete ADA Curb Ramp with detectable warning surface(FDOT standard) $575.00 EA 53 6"ADA Compliant Detectable Warning Pavers Ramp $1,200.00 EA 54 6"ADA Compliant Ramp with Armor-Tile Tactile System or an approved equivalent $975,00 EA 55 Remove Concrete Curb All Type include asphalt restoration and sawcut $4.50 LF 56 Concrete Curb Type"D" $11-50 LF 57 Concrete Curb Type'F" $20-00 LF 58 Concrete Header Curb(up to 12"X12") $20,00 LIF 59 Modified Concrete Curb $20.00 LF 60 Concrete Valley Gutter $20.001 LF J Addendum 1 ITB 14-15-134 Page 2 of 4 Page 109 of 1712 STRIPING&SIGNAGE 61 6"Solid White Thermoplastic Striping $0,88 LF 62 6"Skip White Thermoplastic Striping $0.88 LF 63 6"Solid Yellow Thermoplastic Striping $0.88 LF 64 6"Skip Yellow Thermoplastic Striping $0.88 LF 65 6"Double Yellow Thermoplastic Striping $176 LF 66 12"Solid White Thermoplastic Striping $1.65 LF 67 18"Solid White Thermoplastic Striping $2.20 LF 68 18"Solid Yellow Thermoplastic Striping $2,20 LF 69 24"Solid White Thermoplastic Striping $3,30 LF 70 Special Pavement Message:ARROW(single and double)Thermoplastic $99,00 EA 71 Special Pavement Message:MERGE,ONLY,RIR,SCHOOL,SHARROW,Thermoplastic $121-00 EA 72 Furnish and Install Single Sign Post $292 AS 73 Relocate Sign and Post $192,00 AS 74 6"White Temporary Striping Paint $0.33 LF 75 6"White Temporary Striping Plastic Tape $0.66 LIF 76 6"Yellow Temporary Striping Paint $0.33 LF 77 6'Yellow Temporary Striping Plastic Tape $0.66 LF 78 1 Retro-Reflective Pavement Markers(RPMs)All colors $4A01 EA LANDSCAPING 79 Bio-Barrier(12"wide) $15-00 LF 80 Bio-Barrier(19.5"wide) $18,00 LF 81 Sodding(Floratam) $150 SY 82 Sodding(Bahia) $120 SY 83 Top Soil(3"Thick) $16.50 SY 84 Red Designer Mulch(3") $21.00 SY 85 Root Removal/Pruning TBD AL 86 Tree Removal(up to 12"Diameter) $1,000-00 EA 87 Seeding $10,00 SY 88 Stump Removal up to 18"Diameter,Including Roots $750.00 EA 89 Stump Removal up to 36"in Diameter, Including Roots $850.00 EA go Tree Removal up to 18"in Diameter,Inc. Roots $1,500-00 EA 91 Tree Removal up to 36'in Diameter,Ind. Roots 2,000-001 EA 92 Adjust Irrigation TBD I AL 93 Regrade Swales $13,501 SY Highlighted items will not be evaluated Bidder Company Name: j&,yy-iore, Ti\c, A�Iry cc, pav i q Signattl"' 6+J*/authorized to bind Bidder Print Name Kf,N\fAf\- WAPfq Title Nf: ALLJ Date D-1 -in Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITS 14-15-134 Page 3 of 4 Page 110 of 1712 *BIDDERS. THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS MANDATORY THAT ALL BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISC, FLASH DRIVE, OR OTHER DIGITAL DATA STORAGE DEVICE. PAPER BID TABULATION AND ELECTRONIC BID TABULATION SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASE OF DISCREPANCY, THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AN ELECTRONIC COPYIVERSION OF THE PROVIDED BID TABULATION MAY BE CAUSE FOR REJECTION OF THE BID. Addendum 1 ITB 14-15-134 Page 4 of 4 Page 111 of 1712 ITB Rev.4.08 City of West (Pa[m Beach ITB 14-15-134 SUBSTITUTION SHEET This form must be completed if Bidder proposes to deviate from any contract requirements including, but not limited to, proposed material specifications, proposed method, construction schedule, or phasing plan. Associated"Add"or"Deduct" must be provided. DESCRIPTION OR MAKE PROPOSED ADD DEDUCT SID ITEM NO. SPECIFIED SUBSTITUTION None ITS 14-15-134 17 Page 112 of 1712 ITB Rev.4-08 City of West Palm (Beach (135) ITB 14-15-134 SCHEDULE OF SUBCONTRACTORS Failure to fully complete form may result in bid rejection. The following is a complete list of all subcontractors utilized for this project: Dollar amount of subcontract work Asphalt Paving Systems Reclamation $TBD (company name) (type of work) 9021 Wire Rd., Zephyrhills, FL 813-455-2471 (address) (tel.#) 33540 22-3787755 (zip code) (federal I.D.#) 2. WIVI. D. Adeimy Jr., Inc. Concrete $ TBD (company name) (type of work) 1201 Omar Rd., West Palm Beach, FL 561-832-6305 (address) (tel.#) 33405 59-1927258 (zip code) (federal I.D.#) 3. Sou-thwide Industries, Inc. Striping $TBD (company name) (type of work) 4357 Okeechobee Blvd., Ste C4 561-688-8833 (address) (tel,#) West Palm Beach, FL 33409 65-0857746 (zip code) (federal I.D.#) 4. Centerline Utilities, Inc. Drainage TBD (company name) (type of work) 2180 SW Poma Drive, Palm City, FL 561-689-3917 (address) (tel.#) 34990 65-0849488 (zip code) (federal I.D.#) 5. $ (company name) (type of work) (address) (tel.#) (zip code) (federal M.#) Total dollar amount to be awarded to subcontractors(this page) $ ITB 14-15-134 18 Page 113 of 1712 ITB Rev.4-08 ITB 14-15-134 SCHEDULE OF SUBCONTRACTORS(continued if necessary) 6. $ (company name) (type of work) (address) (tel.#) (zip code) (federal I.D. 7. $ (company name) (type of work) (address) (tel.#) (zip code) (federal I.D.#) 8. $ (company name) (type of work) (address) (tel.#) (zip code) (federal I.D.#) 9. $ (company name) (type of work) (address) (tel.#) (zip code) (federal I.D,.#) Total dollar amount to be awarded to Subcontractors $ T130 Authorized Signature-, V Note: The above schedule of subcontractors will become a part of the Contract documents. Changes made to the above schedule of subcontractors after the contract has been executed must be submitted in writing to the Engineering and Public Works Department for approval prior to that subcontractor performing any work. ITB 14-15-134 19 Page 114 of 1712 ITB Rev.4-08 City of West Paim Beach (1136) ITB 14-15-134 CONTRACTOR VERIFICATION FORM PRIME BIDDER: Name of Firm: M & M Asphalt Maintenance, Inc. d/b/a All County Paving_ Address: 1180 SW 10th Street Delray Beach, FL 33444 Telephone: 561-588-0949 Fax: 561-588-2140 GENERAL CONTRACTOR OF RECORD: Name, Micheal M. Ritter Jr. Address: 1180 SW 10th Street Delray Beach, FL 33444 State License# CGC 1509532 (ATTACH COPY) County License# U-21491 (ATTACH COPY) Type of License: Paving Unlimited Yes (yes/no) If"NO", Limited to what trade? Is the General Contractor a full-time employee of Prime Bidder? X Yes No Will the General Contractor be in responsible charge of the work performed and installed under this contract? X Yes No City License: (COPY OF CITY REGISTRATION OR BUSINESS TAX RECEIPT—MUST BE OBTAINED PRIOR TO CONTRACT EXECUTION—Maybe obtained from City Construction Services) Failure to fully or accurately complete this form may be cause for rejection of the bid. ITB 14-15-134 20 Page 115 of 1712 7 rr{t !}'. WEST PALM BEACH AWARD MEMO RAN DUM Date: August 4, 2015 To: Uyen Dana Senior Project Engineer Engineering and Public Works From: Frank Hayden Procurement Official Subject: ITB 14-15-134 Award Recommendation General Roadway and Miscellaneous Construction The following vendors responded to the above mentioned ITS: • Asphalt Paving—Not responsive due to lack of required licenses or certifications • Community Asphalt • DP Development • Foster Marine • M&M Asphalt Maintenance D/B/A All County Paving • West Construction • Wynn&Sons Please review the submitted quotes and advise us of your award recommendation. I recommend award to: !vl&M Asphalt and DP Development Reason: Recommend award two above referenced contractors because unit prices for the two firms-are fair, balanced and is the best value to tfi6,City. 4 1 Review6r SigDate 0agree disagree with the award recommendation: 000 Procurement Official'Si urelDate 401 CLEMATIS STREET PO. BOX 3366 WEST PALM BEACH, FL 334111 561.822.2100 Page 116 of 1712 6.F. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-105-Approve and authorize the City Manager to sign an Agreement with Ballard Partners, Inc. of Tallahassee, FL for RFP No. 071-1210-17/IT-Appropriations Lobbyist Services for the City of Boynton Beach in the estimated annual amount of$60,000 plus expenses, and authorize the City Manager to renew the Agreement for three (3) additional one-year renewal periods. EXPLANATION OF REQUEST: Initial Term of Agreement: October 1, 2017- September 30, 2018 On September 18, 2017, the City opened and tabulated two (2) proposals to RFP#071-1210-17/ITfor Appropriations Lobbyist Services. This RFP was issued seeking the services of a qualified lobbyist services firm to assist the City in the acquisition of funds from non-profit organizations and public entities. The Committee independently ranked the proposals based on evaluation criteria outlined in the RFP. In a publicly noticed evaluation meeting held on October 27, 2017, the Committee revealed and discussed their scoring. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. The Committee ranked the proposals as follows: Rank 1: Ballard Partners, Inc. Rank 2: The Merchant Strategy, Inc. The committee's recommendation is to award the agreement to Ballard Partners, I nc. as the highest-ranked qualified firm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As State and Federal funding continues to shrink and unfunded mandates increase, it is imperative that we have an active legislative program. The consultant will assist the City in developing a legislative agenda and engage in advocacy as needed and/or requested to promote the City's position on priority issues. They will inform and advise the City regarding any proposed and/or actual changes in laws, with particular emphasis on changes which might result in "unfunded mandates" or negatively impact the City's "home rule powers" as well as propose and develop opportunities that will access funding at the policy making level. FISCAL IMPACT: Budgeted The cost of this agreement has been included in the City's FY17/18 budget under line item 001-1211-512-49- 17. Previous expenses: FY16/17- $60,000; FY 15/16- $60,180 ALTERNATIVES: Not approve this agreement and not have any representation at the state and federal levels as it related to funding issues or re-advertise the RFP. STRATEGIC PLAN: Page 117 of 1712 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution appro\4ng Agreement with Ballard D Resolution Partners for Appropriation Lobbyist Ser\Aces and authorizing renewal D Agreement Agreement Ballard Partners D Attachment Notice of Intent to Award ® Ballard Partners D Attachment Summary of Re\Aewers Scores Page 118 of 1712 1 RESOLUTION NO. R17- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND BALLARD PARTNERS, INC., FOR APPROPRIATION 7 LOBBYIST SERVICES IN AN ANNUAL ESTIMATED AMOUNT OF 8 $60,000.00 PLUS EXPENSES; AUTHORIZING THE CITY MANAGER TO 9 SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, on September 18, 2017 Procurement Services opened and tabulated two 13 (2) proposals in response to the RFP #071-1210-17/IT for "Appropriation Lobbyist Services;" 14 and 15 WHEREAS, the Evaluation Committee independently ranked the proposals based on 16 the evaluation criteria outlined in the RFP; and 17 WHEREAS, the committee's recommendation is to award the agreement to Ballard 18 Partners, Inc., of Tallahassee, FL, as the highest ranked firm in the estimated annual amount of 19 $60,000, plus expenses 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be 21 in the best interests of the citizens and residents of the City of Boynton to enter into an 22 Professional Agreement with Ballard Partners, Inc., for Appropriation Lobbyist Services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OC2AB5A6-95DE-4FF7-8F6D-4C7F81ACA29D\Boynton Beach.7522.1.Agreement_With_Ballard Partners_(Eobbyist)_-_Reso.Doc Page 119 of 1712 29 approve and authorize the City Manager to sign an Agreement for Lobbyist Services between 30 the City of Boynton Beach and Ballard Partners, Inc., of Tallahassee, FL, in the annual 31 estimated amount of $60,000.00 plus expenses, a copy of the Professional Agreement is 32 attached hereto as Exhibit"A. 33 Section 3. This Resolution shall become effective immediately upon passage. 34 35 PASSED AND ADOPTED this day of , 2017. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Joe Casello 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 62 (City Seal) 63 64 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OC2AB5A6-95DE-4FF7-8F6D-4C7F81ACA29D\Boynton Beach.7522.1.Agreement_With_Ballard Partners_(Eobbyist)_-_Reso.Doc Page 120 of 1712 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BALLARD PARTNERS, INC. RFP NO. 071-1210-17/IT—APPROPRIATION LOBBYIST SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and BALLARD PARTNERS, INC., hereinafter referred to as "FIRM", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional services in connection with the RFP FOR APPROPRIATION LOBBYIST SERVICES; RFP No.: 071-1210-17/IT. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of one-year commencing on October 1, 2017. The City of Boynton Beach may extend the contract with the same terms and conditions for three additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5. PAYMENT: The Firm shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows, not to exceed $60,000 annually plus expenses. a. The total contract price, as referred to herein, shall be the total amount of payment to Firm for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Firm shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Firm shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Firm may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Firm in the amount approved. d. Final payment of any balance due the Firm of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Firm's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page Iof10 Page 121 of 1712 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. Successful Offeror shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the "Workers' Compensation Law" of the State of Domicile, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by Page 2of10 Page 122 of 1712 disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so Page 3of10 Page 123 of 1712 chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Brian D. Ballard, President Ballard Partners, Inc. 403 East Park Avenue Tallahassee, FL 32301 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and Page 4of10 Page 124 of 1712 D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 5of10 Page 125 of 1712 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Professional Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 6of10 Page 126 of 1712 EXHIBIT A "SCOPE OF SERVICES" Section II - SCOPE OF SERVICES: BACKGROUND The City of Boynton Beach, Florida, located in Palm Beach County, sits on the Atlantic coastline about 15 miles south of West Palm Beach, 32 miles north of Fort Lauderdale, and 63 miles north of Miami. With a population of approximately 68,000 Boynton Beach is the third (3 d) largest city in Palm Beach County. Boynton Beach's central location provides easy access to several airports, passenger rail, and a multitude of museums, theaters, and outdoor recreational attractions. Boynton's Oceanfront Park Beach offers a variety of swimming, picnicking, and fishing opportunities. Other local attractions include the Schoolhouse Children's Museum, Boynton Beach Mall, Mangrove Nature Park, several intracoastal water front parks including boat and kayak launches, and the only public working Marina in the Palm Beach County. The City is the home to the United Way, the Children's Services of PBC, the Literacy Coalition, and has an independent Community Redevelopment Agency for the revitalization of the downtown area. The Commission-Manager form of government governs Boynton Beach. Voters elect a mayor and four commissioners who meet twice monthly to set forth City policy. The Commission appoints a City Manager to oversee the day-to-day operations of the City. The Mayor may live anywhere within the City limits, but is required to reside in the City for a least a year before seeking office. Commissioners must live within the district they represent and are elected by the voters within that district. They also are required to live within the district they plan to represent for at least a year before seeking office. A. SCOPE OF SERVICES The City of Boynton Beach seeks the services of a qualified firm(s) to assist the City in the following: 1. Acquisition of funds from non-profit organizations and public entities to enhance the City's service delivery. The required services include, but are not limited to, the following; a. Develop a timeline, concentration on both short term and long-term strategies, pertaining to the funding of chosen projects. Work with City staff regarding the political and financial feasibility of funding identified projects and provide advice and assistance on the type of projects that are likely to be successfully funded. b. Work with other organizations (both public and private) to help obtain funding for selected projects, and have the ability to effectively communicate, both orally and in writing, the necessity, benefits, and merits of funding the chosen projects for the City and its residents. c. Meet with members of the local, state and federal legislative delegations and their staffs to discuss the City's needs, overall benefits, and merits of the chosen projects. 2. Advise and advocate for the City on legislative and policy matters. The required services include, but are not limited to, the following: Page 7of10 Page 127 of 1712 a. Provide legislative expertise and consulting services. b. Review and monitor on a continuing basis all existing and proposed federal, state and local policies, programs, and legislation affecting the City of Boynton Beach in an efficient and accurate manner. Identify those issues that may affect the City and its residents, and regularly inform the City as to such matters, both orally and in writing. c. Prepare materials to be presented to legislators and agencies. d. Appear before and provide expert testimony at legislative hearings, as required, to promote, oppose, and seek passage of legislation or rules affecting the City or its citizens. e. Maintain excellent work relationships with federal, state and local elected officials and their staffs. f. Meet with members of the local, state and federal legislative delegations and their staffs to explain the effects, merits, and consequences of proposed legislation on the City. g. Advise the city on proposed and actual changes in laws, especially any changes that would affect the City's ability to collect revenues or would cause undue burdens on the City's resources. h. Attend City Council meetings and other scheduled City meetings as requested, with reasonable advance notice. i. Complete in a timely fashion, all forms and reports required of lobbyists by the federal government and other relevant local, state and federal jurisdictions. Services should include but not be limited to: • Strategy design and implementation; • Advising and consulting clients on legislative strategies and developing issues. • Provide research and timely written and oral information. • Monitor existing and proposed laws and regulations that affect the interests and priorities of the City. • Proactively recommend and develop legislative positions for proposed laws and regulations that affect the interests and priorities of the City. • Develop a list of current or predicted legislation to either oppose or support on behalf of the City, as well as funding targets and essential Federal and Florida programs that must be protected. • Constantly monitor the introduction and progress of proposed laws and regulations and provide analysis on the potential effects for the City. • Assist in developing the City's stance and contact the relevant Legislators on the City's behalf to ensure they are aware of the City's position on significant legislation. • Assistance with obtaining appropriations for City projects and/or programs to be determined as part of an annual legislative strategy. • Propose and develop opportunities that will access funding at the policy making level. • Arrange meetings for the City elected officials and personnel with legislative members and staff. Provide logistical support and attend those meetings when necessary. Page 8of10 Page 128 of 1712 • Representing the City's objectives and review of all pertinent pending legislation and regulations including all committee meetings, hearings and conferences. • Identifying strategic interest alliances and coordinating interest groups. • Drafting legislation and amendments to file bills. • Building and maintaining close relationships and alliances with legislative delegations. • Engage in advocacy as needed and/or requested, to promote the City's position on priority issues, including appropriate interest groups, the Florida League of Cities, US Conference of Mayors and the National League of Cities. • Advising on public affairs, consensus building and grassroots advocacy. • Advising on the impacts of change in relevant laws. • Assisting in all aspects of developing and executing government business. • Engaging in other traditional lobbying activities. Experience should demonstrate: • Knowledge about the legislative process at the local, state, and federal level; • Previous public relations/lobbying experience and a network of contacts and policymakers; • Strong communication skills to reinforce the clients' position on the issues at hand; • The ability to respond to regulatory inquiries and testifying at public hearings; • Good judgment and the ability to take the initiative; • The ability to manage high levels of stress and meet critical deadlines. B. WORK PRODUCTS REQUIRED The successful Proposer shall provide the City with, at the minimum, monthly progress reports regarding funding and legislative issues. The subject reports shall inform and advise the City regarding any proposed and/or actual changes in laws, with particular emphasis on changes which might result in "unfunded mandates" or negatively impact the City's "home rule powers". The successful Proposer shall also keep the City informed as to local, state and federal funding progress during the month as is deemed necessary by the City Manager C. CONFLICT OF INTEREST The City requires that the Proposers provide professional, objective and impartial advice and at all times hold the city's interests paramount, strictly avoid conflicts with other assignments or their own corporate interests, and act without any consideration for future work. The Proposers have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interests of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, esuch Proposer shall not be considered for award of this Contract. Failure to disclose said situations may lead to the disqualification of the Proposer or the termination of its Contract if the subject Proposer received this award. The Proposer, by affixing his/her signature to the Proposal Form, declares that the Proposal is made without any previous understanding, agreement, or connections with any City official or persons, firms, or corporations making a proposal on the same items and without any outside control, collusion, or fraud. By signing the Proposal, the Proposer further declares that no City Commissioner or other City officer, or City employee owns, directly or indirectly, more than five (5) percent of the total assets or capital stock of the Proposer's entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this Contract. Page 9 of 10 Page 129 of 1712 D. TERM The initial term of the contract shall be for a period of one year commencing on October 1, 2017 and ending on September 30, 2018. The City of Boynton Beach reserves the right to renew the contract with the same terms and conditions for three (3) additional, one-year terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The City of Boynton Beach reserves the right to extend the contract 90 days beyond the contract expiration date, if needed. REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 10 of 10 Page 130 of 1712 ton Bea ch NO PROCUREMENTSERVICES 100E AjMton Beach Boulev BOX 310 Boynton ch,llmik 33425-0310 561-742-6310 Fix. (561) 742-6316 NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFP NO. 071-1210-17/I SOLICITATION TITLE: APPROPRIATION LOBBYISTSERVICES ATE OF NOTICE: October 27,2017 At the Selectiona ee `ng of October 27,2017,the Selection Committee for e above referenced solicitationfirms as : RANKING: 1. BALLARD PARTNERS, INC. . THE MERCHANTSTRATEGY,INC. This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and award a contract to the first-ranked firm: ALA This Notice is conditioned upon and subjectto the City of Boynton Beach's reservation ' ents and approval by the City Commission. accordanceIn with Section - e Palm Beache of Ordinances,the Cone of Silence ec s solicitation until award, rejection or other action is taken by the applicabIeend the solicitation process. tman 111 se i l se Tries cPO6, FCCN CPPB, Purchasing Amevica Is Page 131 of 1712 N � o ; 04 N ■ (Y) ¢ Coco Coco 2 n 0) 0) = _ / 0)CW4 0 / } \ \ \ \ coo coocoo coo ) ) k § [ 0 w \ U) coo coocoo coo Iti: 6 C6 666 B § � 2 aaa aaa - q 0 � a ) � E E £ § ■ Oiow 0 j k § coo coo � ) § \ \ coo qqq aaa C14 C14 U z 0 CD N 00 § z coo coo § : § I q : § commcoo coo co666 mm § u � e 2 ] � « o § LL 0 § § § � § jk q § \ w ® F\ o LLJ L § \ Ft < z §- D � C, zF 3 § k ) \ � It § / ( § - ) m � § | PF % | ) 6.G. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-106-Authorize the City Manager to sign and apply for a grant from the Solid Waste Authority for a Rolling Green Gate Project. EXPLANATION OF REQUEST: Application Deadline: November 9, 2017 On October 5th, the Solid Waste Authority released a Blighted and Distressed Property Clean-up and Beautification (BDPCB) Grant Application. The grant is intended to assist in the cleanup and beautification of distressed, blighted or otherwise impacted properties. The grant is offered as an incentive to improve the quality of the life and provide a safer, healthier and more aesthetically pleasing environment for the residents. The Public Works Department's eligible project consists of installing an industrial gate on the Rolling Green Dumpster Site. This project is not in the City's 2017/2018 Capital Improvement Plan and would only be added to the plan if the City was awarded grant funding. This request is to make a resolution approving staff's application for a grant from the Solid Waste Authority for a Rolling Green Gate Project. If the grant is received the City will amend the Capital Improvement Plan to include funding for the project. This project is needed to make the site more secure and prevent fly dumping, graffiti, and theft of City owned trash cans. To no avail the Staff, in the past, has used chains and locks to secure the existing gate. Each time the locks are found cut at the base of the gate. If the City receives the Grant another resolution to amend the budget would be required in January 2018. Staff notes that this grant program was successfully used by the City and CRA to provide landscaping and painting around the City's Public Work Compound on NE 9th Ave. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the BDPCB grant is awarded to the City, Capital funds will be diverted from an existing capital project and applied to the Rolling Green Gate Project. The grant funded project will be completed by September 2018 and within 10 months of the grant award. The grant award is anticipated in January 2018; the project would begin in March 2018. FISCAL IMPACT: Non-budgeted If awarded the Grant the total project cost is estimated at$32,000. The City's portion would be a minimum of$16,000. ALTERNATIVES: As an alternative, the City does not need to apply for the BDPCB grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 133 of 1712 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: upto $16,000 ATTACHMENTS: Type Description D Resolution Resolution approxAng application for grant funds for the Rolling Green Gate Project D Attachment SWA Blighted Property Grant D Attachment Rolling Green Gate Budget Page 134 of 1712 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AND APPLY FOR A GRANT FROM 6 THE SOLID WASTE AUTHORITY FOR A ROLLING 7 GREEN GATE PROJECT; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, on October 5 the Solid Waste Authority released a Blighted and 12 Distressed Property Clean-up and Beautification Grant Application; and 13 WHEREAS, the grant is intended to assist in the clean-up and beautification of 14 distressed, blighted or otherwise impacted properties; and 15 WHEREAS,the grant is offered as an incentive to improve the quality of the life and 16 provide a safer, healthier and more aesthetically pleasing environment for the residents; and 17 WHEREAS,the Public Works Department proj ect eligible for the grant consists of 18 installing an industrial gate on the Rolling Green Dumpster site which will make the site 19 more secure and prevent fly dumping, graffiti and theft of City owned trash cans. 20 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission approves and authorizes the City Manager to 27 sign and apply for a grant from the Solid Waste Authority for a Rolling Green Gate Project. 28 Section 3. This Resolution shall become effective immediately upon passage. 29 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\5E1490D2-BD8B-4F17-8B5B-47F682FD3F07\Boynton Beach.7525.1.Rolling_Green_Gate_Project_Grant -_Reso.Doc Page 135 of 1712 30 PASSED AND ADOPTED this day of , 2017. 31 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Joe Casello 46 47 48 VOTE 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 60 61 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\5E1490D2-BD8B-4F17-8B5B-47F682FD3F07\Boynton Beach.7525.1.Rolling_Green_Gate_Project_Grant -_Reso.Doc Page 136 of 1712 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT APPLICATION Issue Date: October 5, 2017 THE SOLID WASTEAUTHORITY OF PALM BEACH COUNTY 7501 NORTH JOG ROAD WEST PALM BEACH, FLORIDA 33412 (561) 640-4000 Page 19:7 2 Solid Waste AUthority of Palm Beach COUnty Blighted Property Great Application, TABLE OF CONTENTS 1.0 Introduction 3 1.1 General Background 3 1.2 Solid Waste Authority Objectives 3 1.3 Eligibility Requirements 3 2.0 Application Process 5 2.1 Process Overview 5 2.2 Application Deadline 5 2.3 Application Instructions 6 2.4 Award 8 2.5 Review Criteria 9 2.6 Other 9 Forms Application Checklist 11 Application Form 12 Sample Budget Form 13 Budget Form 14 2 Solid Waste ALIthority of Palm Beach COUnty Blighted Property Grant Application 1.0 INTRODUCTION 1.1 GENERAL BACKGROUND The Solid Waste Authority of Palm Beach County ("Authority") is the governmental agency responsible for providing an economical and environmentally conscious integrated Solid Waste Management System for Palm Beach County, Florida. The Authority provides solid waste disposal and recycling services and programs to the County's 1.4 million residents and businesses. 1.2 OBJECTIVE: The Solid Waste Authority of Palm Beach County ("Authority") Governing Board has allocated $500,000 for grants for the 2017-2018 fiscal year. This grant is intended to assist in the cleanup and beautification of distressed, blighted or otherwise impacted properties within both the unincorporated and incorporated areas of Palm Beach County. This grant is offered as an incentive to improve the quality of the life and provide a safer, healthier and more aesthetically pleasing environment for the residents. Therefore, the Authority is requesting Municipalities, Community Development or Redevelopment Districts, Special Districts or other Governmental Entities ("Applicants") to submit application packages for projects that meet the criteria to qualify for grant funding, and for which the Applicant would like to receive grant funding. 1.3 ELIGIBILITY REQUIREMENTS: A. Eligible Projects: The property must be under the ownership and control of the Applicant. Also, to be considered for this grant program, projects must be located in Palm Beach County, visible, accessible and beneficial to the surrounding community, capable of being completed within twelve (12) months, and the property should be: • Distressed or blighted with/without derelict or damaged structures, or with structures requiring maintenance or repairs; or • Subject to trespass or illegal entry; or, • Subject to chronic illegal dumping or littering; or, • Otherwise eligible at the discretion of the Authority. B. General Requirements: Page 13 Page 199 of 2 Solid Waste ALIthority of Palm Beach COUnty Blighted Property Grant Application 1. Entities may apply for multiple projects. However, funding is approved on an annual basis by the Authority Board and no guarantee of future funding of projects is provided for additional years. Subject to availability of funds, the Authority reserves the right to conduct multiple application periods. 2. Examples of Projects and activities that would qualify: • Recycling, hauling and disposal costs associated with the demolition of derelict/abandoned structures; • Recycling, hauling and disposal costs associated with land clearing/landscape improvement projects; • Recycling, hauling and disposal costs associated with litter cleanup of land and waterways; • Recycling, hauling and disposal costs associated with vacant lot cleanup; • Projects or Activities that mitigate illegal dumping, including lighting, fencing and gate installation. • Costs of other beautification, cleanup or maintenance projects that may be approved. 3. Examples of Projects and activities that would not qualify: • Projects on private property; • Projects with incomplete applications; • Projects on property without the property owner's consent; • Projects that otherwise have a dedicated funding source (e.g., road and bridge projects); • Projects that lack a significant recycling and/or solid waste management (hauling and disposal) component. Page 14 2 Solid Waste AUthority of Palm Beach COUnty Blighted Property Great Application, 2.0 APPLICATION PROCESS 2.1 Process Overview This application process is not a procurement. The purpose of this process is to provide an opportunity for Municipalities, Community Development or Redevelopment Districts, Special Districts or other Governmental Entities within Palm Beach County ("'Applicants' to receive a grant from the Solid Waste Authority of Palm Beach County ("Authority's for funds to assist in the cleanup or beautification of distressed, blighted or otherwise impacted properties within their jurisdiction. Applications received through this process will be reviewed, and subject to available funding, applicants may be awarded a Grant under the program. The Authority, in its sole discretion, will determine which projects will receive grant funding and the amount of that funding. The Authority is pleased to offer assistance in the preparation of your Application. Applicants seeking assistance may contact John Archambo, Director of Customer Relations, at (561) 697-2700, extension 4725. 2.2 Application Deadline The Authority requests that applications be submitted no later than 5:00 p.m. E.S.T. on November 9, 2017 via mail, email or hand delivered. Late applications may not be accepted. Subject to availability of funding, the Authority may conduct additional application periods. Applications shall include the attached application and all requested supporting information. Incomplete applications will be rejected. The Applicant shall provide sufficient background on the projects to allow the Authority to determine eligibility for the grant program. The Applicant shall identify the means and methods by which the project will be accomplished and an estimate of the total cost necessary to accomplish the project. Applications shall be submitted to: By Mail or Hand Delivered: Customer Information Services Solid Waste Authority of PBC Director of Customer Relations 7501 N. Jog Road West Palm Beach, FL 33412 By Email: jarchambo@swa.org Email Subject Line: 2018 Blighted Property Grant Application Page 5 page 141 --F 4;141 2 Solid Waste ALIthority of Palm Beach COUnty Blighted Property Grant Application 2.3 Application Instructions I. General Information The Applicant must be a governmental entity as defined in Section 1.2. Applicant shall complete and return the Blighted Property Grant Application provided on Page 12 and all other information requested, including a requested Grant amount. This amount should, together with any other funding identified, be sufficient to accomplish the project. In addition to Grant funds requested, the Applicant should identify in Section VII of the Application any other sources of funding committed to the project and the value of in-kind or force account labor, materials and services to be provided by entities other than the Authority using the Budget Form provided or a reasonable equivalent. The Authority reserves the right to offer a lesser amount to the Applicant. II. Description of the Project Applicant shall provide a description of the objective for the project and the end state of the property at the completion of the project. Also, identify the potential benefits to the community adjacent to the property and at large; provide a description of any activity to recycle wastes produced by the project; and, identify the solid waste hauling and disposal activities associated with the project. The Applicant shall clearly demonstrate that the project meets the eligibility criteria. If the work will be accomplished through the use of contractors, the method of procurement of contractor services should be identified. If force account labor of the Applicant will be used for all or part of the project, the tasks proposed to be undertaken by force account labor should be identified. If volunteer services are proposed to be used for any part of the project, the Applicant should identify the agencies or organizations which may serve as a source of volunteers and provide documentation of their commitment to provide those services. The general scope of activities that may be undertaken by volunteers should be identified. III. Estimated Timeframe for Completion The Applicant shall identify the timeframe for completion, including the project initiation date and the project completion date. If a competitive procurement will be part of the project, an estimate of the process time should be provided. Any approved grant will be paid out in phases beginning with the actual start of the project (e.g., Notice of Page 16 Page 142 of 1:71 2 Solid Waste AUthority of Palm Beach COUnty Blighted Property Grant Application Commencement, Construction Start, Contractor Mobilization, or other milestone as defined in the Interlocal Agreement that the parties will enter into) and ending with final completion. IV. Project Schedule Applicant shall provide a project schedule in the format provided below to include the project start date and project completion date, and as applicable, any other significant milestone dates related to for example, permitting, design, procurement, and contractor mobilization. Task Start Date Completion Date Entity,Responsible V. Project Location Applicant shall provide the physical location/address of the property and the Parcel Control Number. Applicant shall attach to the Application photographs of the proposed project area, a plan or map depicting the project area and the relationship to the surrounding neighborhood/community. The photographs shall clearly demonstrate the condition of the project area and the appearance of the project area as viewed by the surrounding neighborhood/community. VI. How Will the Project be Maintained Applicant will be required to provide for the maintenance and upkeep of the project, including as applicable watering, weeding, mowing, cleaning, repairing, painting and refinishing. Applicant shall clearly identify how the project, once complete, will be maintained to prevent it from reverting back to its current state. Applicants that fail to properly maintain the project shall be deemed ineligible for any future grants provided by the Authority under this or any other future program offered by the Authority. The Authority will require a commitment of resources in the form of financial, force account labor, volunteers, or organizational sponsors/partners to ensure that the project location does not revert back to its current state. If volunteers or organizational sponsors/partners are to be used, Applicant shall provide documentary evidence such as letters Page 17 Page 149 of 2 Solid Waste ALIthority of Palm Beach COUnty Blighted Property Grant Application of commitment from these organizations. VII. Project Budget Applicant shall provide a budget for the project identifying in as much detail as possible the project tasks, estimated costs and sources of funding for the project. It is not the Authority's intent to provide 100% of the funding for a project, but rather to supplement other funding committed to the project, including but not limited to governmental funding, donations, force account labor, volunteer labor and other grants. If grant funds will be obtained from other sources, please indicate if funds have been obtained or the estimated date when funds will be received. Applicant should use the attached form provided on Page 14 or a reasonable equivalent. Please attach evidence of all sources of funding/labor (governing board action, letters from community organizations, etc.). Applicant will be required to track and report project expenditures and status throughout the project as required in the Interlocal Agreement that the parties will enter into. 2.4 Awa rd: A. The Authority anticipates to award grants to the Applicant(s) who submit proposals judged by the Authority to be the most consistent with project eligibility criteria in accordance with the Review Criteria. B. The Authority reserves the right to negotiate a revised Grant amount price with the awarded Applicant(s). C. Neither acceptance nor approval of an Application constitutes an agreement or a contract. Any grant funding provided pursuant to this process will be provided in accordance with the terms and conditions of an Interlocal Agreement. D. The Authority intends to enter into Grant agreements in the form of an Interlocal Agreement between the Authority and the Applicant. Grant agreements shall be approved by the Authority Governing Board. Page 18 Page 14-IF Ulf 1-1 2 Solid Waste ALIthority of Palm Beach COUnty Blighted Property Grant Application 2.5 Review Criteria Applications will be reviewed for completeness and compliance with the eligibility and other requirements of the program. Applications will be provided to the Authority Board for award. The Authority Board, in its sole discretion, will determine which projects will receive grant funding and the amount of that funding. 2.6 Other A. All costs associated with the preparation of this Application are the sole responsibility of the Applicant. In no event shall the Applicant have a claim against the Authority, its staff or its consultants or agents for reimbursement of any such costs or expenses. B. The Applicant is responsible for obtaining all necessary permits and approvals associated with the project. C. The Applicant is solely responsible for the project. The Authority assumes no responsibility or liability, other than providing the agreed upon funding, for the conduct, completion and condition of the property before, during or after project completion. D. The Applicant will be expected to enter into an Interlocal Agreement with the Authority that will represent the entirety of the Agreement between the parties. E. The Authority reserves the right to rescind funding in the event the Applicant fails to execute the project or fails to secure the necessary funds to fully execute the project. F. The Authority reserves the right to offer multiple grants and to offer less funding than requested by the Applicant in order to maximize the county-wide benefit of the program. G. This process is not a competitive procurement and is not subject to the Cone of Silence provisions of the Authority Purchasing Manual. The Authority reserves the right to meet with and communicate with Applicants prior to the submittal deadline, after proposals are received and after grant awards are announced. Page 19 Page 145 of 1:71 2 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT APPLICATION BEFORE SEALING YOUR APPLICATION MAKE SURE THE FOLLOWING ARE INCLUDED ❑ 1. Description of the objective for the project and end state of the property at completion of the project. ❑ 2. Timeframe for completion of the project. ❑ 3. Project schedule identifying all major activities. ❑ 4. Identification of the project location including the Parcel Control Number that clearly documents ownership and control by the Applicant. ❑ 5. Photographs of the Project Area. ❑ 6. Plan or Map of the Project Area. ❑ 7. Discussion of the plan to maintain the project location upon completion. ❑ 8. Project Budget. ❑ 9. All other pertinent information for consideration. ❑ 10. Carefully read a//Documents,and properly complete and execute the Application Form. (Failure to properly complete and sign this document may be cause for rejection of the application) ❑ 11. Submit one (1) original and one (1) copy of your application to the Solid Waste Authority prior to the application deadline. Applications submitted after the deadline may be rejected. Page 110 Perge 1*6 Ulf 1-1 2 Solid Waste Authority of Palm Beach County Blighted Property Grant Application I. General Information 1. Project Title: 2. Applicant Name: (Governmental Entity) 3. Contact Person: 4. Telephone: Alternate # 5. Mailing Address: 6. Email Address: 7. Federal Tax Identification #: 8. Grant Amount Requested from SWA: I certify that the above information is correct and that I am authorized to submit this application. Signature of Applicant: Name of Applicant (printed): Title: Date: Page 111 Page 14:7 of 2 40 O O O O O O O O O O O O O O 00 0 0 0 0 0 00 c r LO o o o C) L O O O ..- O O O L V'O OO 3 LO O LO 0 44 �} L IL 3 U- 0 p p N O rl- O � D " - Q co O a O O O O O O cD O cD O O O O O O O O O 00 0 0 0 0 0 00 co 00 m m O O O O ct3 to (D ch LO O O r O m <0 m LL W 4) o N CU mEF— 04 J z c a m ~ o cn x O O m O O +' 00 0 N 6 Cl) ul 0 0 0 0 0 0 C ui o 0 0 0 0 ti ti O LO O O6r� LO _ O lf} N Ef} s+ a+ ++ T N T T N U 70 C + CL � t/! U U a) N ) O U �_ Q) a) >1 0O L L IL L) 7 U E Q cu( B (nm O Q) V) �_ U) 0 0 4 L cr 0 Q L � Q v Q cn �L 13 Q M 0 I_- 0 Q 0 m_.m J Oct Q O "' LL - Wu CL m N K M ++ to Q D V N V O Cn �CL L 4) w o �j O N J CU Ft"O OCL U v U 0 [L 0 Rolling Green Dumpster Site - Gate Project Engineer's Estimate of Cost Item No. Item Budget Cost 1 Site Preperation $1,500 2 Removal of the tree that is located on the inside of the fence $400 3 Sod $600 4 Electrical brought to the site. $1,500 51 Canteleaver Gate $20,000 61 Stand Alone Access Reader 8,000 $32,000 Page 151 of 1712 6.H. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-107-Approve and authorize the Mayor to sign an agreement with the City of Lake Worth and AL Hypoluxo, LLC to provide wastewater service to a parcel on the Northeast corner of Hypoluxo Road and High Ridge Road. EXPLANATION OF REQUEST: In 2014, the City of Boynton Beach executed an agreement with the City of Lake Worth and Hypoluxo & 1-95 Holdings, LLC to provide water and sewer service to a property at the northeast corner of Hypoluxo Road and High Ridge Road. The property is located within the City of Lake Worth's utility service area, and Lake Worth will provide potable water service. However, Lake Worth does not currently have sanitary sewer lines in the area. Although the property is not in the City of Boynton Beach's service area, Boynton Beach maintains sanitary sewer lines in the vicinity of the site, which can be extended to allow connection to Boynton Beach's sanitary sewer system in order to provide wastewater service. The 2014 agreement contained provisions to also provide service to the adjacent property to the east, which is owned by AL Hypoluxo, Inc. This agenda item request is to approve an agreement with AL Hypoluxo, Inc. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no adverse impact to the services provided by Boynton Beach Utilities. The City of Lake Worth will become a customer of Boynton Beach, and will be responsible for remitting payment to Boynton Beach for the wastewater services provided to the project. In turn, Lake Worth will bill Hypoluxo & 1-95 Holdings, LLC and AL Hypoluxo, LLC for the wastewater services that are provided. This agreement will be in effect until such time as Lake Worth extends its sanitary sewer facilities to the site and available for hook-up, at which time AL Hypoluxo, LLC will disconnect from Boynton Beach's facilities and connect to Lake Worth's facilities within the timeframe stipulated in the agreement. FISCAL IMPACT: Non-budgeted Hypoluxo & 1-95 Holdings, LLC and AL Hypoluxo, LLC have agreed to pay the cost of extensions and improvements to Boynton Beach's sanitary sewer system and to pay connection and service charges in accordance with Lake Worth's Code of Ordinances. The City of Lake Worth will open an account and become a customer of Boynton Beach while this agreement is in effect. ALTERNATIVES: Not approve the agreement with AL Hypoluxo, LLC. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 152 of 1712 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\4ng Agreement for wastewater ser\Ace with AL Hypoluxo D Agreement Agreement with AL Hypoluxo, LLC D Agreement Original Agreement with Hypoluxo & 1-95 Holdings Page 153 of 1712 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AGREEMENT WITH THE CITY OF 5 LAKE WORTH AND AL HYPOLUXO, LLC, TO PROVIDE 6 WASTEWATER SERVICE TO A PARCEL ON THE NORTHEAST 7 CORNER OF HYPOLUXO ROAD AND HIGH RIDGE ROAD; 8 AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, in 2014 the City executed an agreement with the City of Lake Worth 12 and Hypoluxo & I-95 Holdings, LLC., to provide water and sewer service to a property at 13 the northeast corner of Hypoluxo Road and High Ridge Road; and 14 WHEREAS, the agreement contained provisions to also provide service to the 15 adjacent property to the east, which is owned by AL Hypoluxo, Inc.; and 16 WHEREAS, this agreement will be in effect until such time as Lake Worth extends 17 its sanitary sewer facilities to the site and are available for hook-up; and 18 WHEREAS, the City Commission has determined that it is in the best interests of 19 the residents of the City to approve an Agreement with the City of Lake Worth and AL 20 Hypoluxo, LLC., to provide wastewater service to a parcel on the northeast corner of 21 Hypoluxo Road and High Ridge Road. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission does hereby approve and authorize the Mayor 28 to sign an Agreement with the City of Lake Worth and AL Hypoluxo, LLC., to provide C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA2E5AB607-3AB0-4BBC-9E4C-B54A070EFD71\Boynton Beach.7532.LAgreement with Lake Worth and AL_Hypohixo_(wastewater)_-_Reso.doc Page 154 of 1712 29 wastewater service to a parcel on the northeast corner of Hypoluxo Road and High Ridge 30 Road, a copy of the Agreement is attached hereto as Exhibit"A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 PASSED AND ADOPTED this day of , 2017. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Joe Casello 47 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA2E5AB607-3AB0-4BBC-9E4C-B54A070EFD71\Boynton Beach.7532.LAgreement with Lake Worth and AL_Hypohixo_(wastewater)_-_Reso.doc Page 155 of 1712 AGREEMENT TSA is made on this _,11 day of�n 2017 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Boynton Beach," or "City of Boynton Beach", the CITY OF LAKE WORTH, a Florida municipal corporation located in Palm each County, Florida,hereinafter referred to as"Lake Worth"or"City of Lake Worth"and AL Hypoluxo,LLC, a Florida limited liability company, whose post-office address is 360 Columbia Drive, Suite 102, West Palm Beach, FL 33409, hereinafter referred to as "Owner". When used herein, Boynton Beach, Lake Worth and Owner shall be deemed to include all of their respective successors and assigns. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.203, Florida Statutes, authorizes the governing bodies of municipalities to enter into interlocal Service Boundary Agreements concerning wastewater' service delivery and treatment; and WHEREAS, Owner owns those properties, as described in Exhibit "A" attached hereto and incorporated herein, located within unincorporated Palm Beach County, and is presently, or will hereafter be, engaged in plan review and subsequently plans to develop and improve said properties (said properties being hereinafter referred to as the "Properties"), and which Properties are the "Adjacent Property" as defined in that certain Agreement dated October 10, 2014 between Hypoluxo & 1-95 Holdings LLC, a Florida limited liability company ("Holdings"), Lake Worth and Boynton each(the "Existing Agreement"); and WHEREAS,the Properties are located within the Lake Worth utility service area,but Lake Worth does not currently have sanitary sewer lines in the vicinity of the Properties; and WHEREAS,Owner has requested pennission from Lake Worth to obtain such provisional sewer service from Boynton Beach's sanitary sewer facilities; and WHEREAS, the Properties are outside Boynton Beach's utility service area but Boynton Beach does maintain sanitary sewer lines in the vicinity of the Properties which can be extended to allow the Properties to connect to Boynton Beach's sanitary sewer system, in to allowing the Properties to receive wastewater service; and WHEREAS, Boynton each has agreed to provide sanitary sewer/wastewater service to the Properties; and ' The term sanitary sewer system is synonymous with wastewater treatment system. {00026167.1 306-9001821 Page 1 of 8 Page 156 of 1712 WHEREAS, Lake Worth will bill the owner(s) and/or tenant(s) (as applicable in accordance with applicable party maintaining a potable water utility account(s)for such Properties or portion(s) thereof), and their respective successors and assigns (such a party being herein referred to as "End User"), of the Properties for wastewater services (such party herein referred to as "End User"); and WHEREAS, Lake Worth will become a customer of Boynton Beach for wastewater services, and will be responsible for remitting payment to Boynton Beach for the wastewater services provided to the Properties; and WHEREAS, Boynton Beach, Lake Worth, and Owner have agreed to enter into this Agreement which will allow Boynton Beach to temporarily extend sanitary sewer lines to the Properties located in Lake Worth's utility service area, subject to the terms of this Agreement; and WHEREAS, Such provisional hook-up shall continue only until such time as Lake Worth provides for the installation of its sewer facilities adjacent to the Properties and available for hook- up, at which time Owner shall disconnect from Boynton Beach's facilities and connect to Lake Worth's facilities within 90 days of notification by Lake Worth of the availability of its facilities; and WHEREAS,Owner has agreed to pay the cost of extensions and improvements,as shown in Exhibit"B",attached hereto and incorporated herein,to Boynton Beach's sanitary sewer system to service its respective Properties and,to pay connection and service charges with respect to such Properties as provided by Lake Worth Code or regulation; and WHEREAS, Owner shall contract only with Lake Worth for all potable water service. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth,the parties hereby agree as follows: I. The foregoing whereas clauses are true and correct and represent material provisions of this Agreement. 2. Lake Worth agrees that Boynton Beach shall provide sanitary sewer lines to the Properties,which Properties are located within Lake Worth' Service Area. 3. Boynton Beach agrees to maintain those sanitary sewer lines servicing the Properties to the extent located to the south of Hypoluxo Road, with Lake Worth agreeing to maintain those sanitary sewer lines servicing the Properties to the extent located to the north of Hypoluxo Road. 4. Lake Worth shall invoice the End User of the Properties for the wastewater utility service provided to the Properties. Lake Worth shall be responsible for remitting payment for such services to Boynton each 5. Boynton each agrees to provide treatment of wastewater discharged from the Properties. {00026167.1 306-9001821 Page 2 of 8 Page 157 of 1712 6. The cost to Owner for increasing the capacity of Boynton Beach's and/or Lake Worth's sewer transmission system, so as to accommodate the additional flow from the Properties, shall not exceed $10,000, due and payable at the time of the Palm each County Health Department permitting plan submittal for the work described on the attached Exhibit "B" to the City of Boynton each. All other costs associated with Owner extending the sewer system to the Properties shall be borne by Owner, provided the foregoing shall not be deemed to be an assumption by Owner oflany costs, expenses or fees otherwise due and payable under the Existing Agreement. 7. Owner agrees to pay all connection charges imposed by Lake Worth, with respect to the Properties as set forth in the City of Lake Worth Code or regulation. Following connection to the Boynton Beach sanitary sewer system, End User(s) shall pay commercial waste water rates charged by Lake Worth for properties inside the City of Lake Worth Service Area (sometimes hereinafter referred to as "Waste Water Charge"). 8. Owner agrees to grant a sanitary sewer easement with respect to operation and maintenance of the wastewater improvements described on Exhibit"B". Owner agrees to operate and maintain in perpetuity all private wastewater improvements (to the extent located on the Properties and not otherwise dedicated or conveyed to Lake Worth or Boynton each. 9. In addition to other provisions contained herein, this Agreement constitutes an Interlocal Agreement between the City of Boynton Beach and the City of Lake Worth for cooperation and service boundaries for wastewater treatment entered into pursuant to The Florida Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes. 10. Such provisional hook-up shall continue only until such time as Lake Worth has provided for the installation and makes available its own sanitary sewer lines to the Properties, at which time Owner shall disconnect from Boynton Beach's sewer facilities and connect to Lake Worth's sewer facilities within ninety (90) days of notification by Lake Worth of the availability of its facilities. 11. Upon disconnection from Boynton Beach's sewer facilities and connection to Lake Worth's sewer facilities, (a) End User shall pay all outstanding charges with respect to the Properties due to Lake Worth in accordance with this Agreement, (b) Lake Worth agrees to remit final payment to Boynton each, (c) Boynton each agrees to convey by absolute Bill of Sale whatever portion of said facilities Lake Worth desires to have at that time,together with necessary easements for repair and maintenance and(d) End User shall her pay to Lake Worth the regular sanitary sewer service charges imposed with respect to the Properties by Lake Worth,as same may be changed or modified from time to time. 12. Nothing herein is intended to advance or support any annexation effort by either Boynton Beach or Lake Worth with respect to the Properties. 13. Lake Worth shall be responsible for providing water service utility to the Properties in accordance with the ordinances,resolutions and procedures of Lake Worth {00026167A 306-9001821 Page 3 of 8 Page 158 of 1712 applicable to water service customers. 14. Boynton Beach shall make no attempt to expand its sewer service area(s)by virtue of said provisional connection,nor make any claim of right adverse to that of Lake Worth by virtue of said provisional hook-up. 15. Except as provided in Section 16 of this Agreement, Owner shall not sell, lease or give any right or privilege to utilize its sanitary sewer facilities to any other person whose property is outside that described herein nor allow any such connection to such person whose property is outside that described herein, without the written agreement of Lake Worth and Boynton Beach. 16. Notwithstanding anything contained in this Agreement to the contrary, Owner, Lake Worth and Boynton each agree to the following provisions: (a) With respect to the Existing Agreement: (1) This Agreement shall be deemed to satisfy the condition outlined.in Section 16(b)(1) of the Existing Agreement, and otherwise be considered the "Adjacent Property Agreement" (as defined in the Existing Agreement). (2) Lake Worth agrees to open a new customer account for the purposes of memorializing the additional sale by Boynton each to Lake Worth of wastewater utility service with respect to the Properties, subject to the terms, conditions and obligations under this Agreement. (3) Owner, for the purposes of making the Adjacent Property Connection(as defined in the Existing Agreement), would still be required, along with Holdings, to enter into and record the Adjacent Property Easement(as defined in the Existing Agreement). (4) Nothing contained in this Agreement shall be deemed binding or an encumbrance on the Existing Agreement Property. 17. This agreement shall take effect upon execution by all parties. 18. In the event a court of competent jurisdiction hereof holds any section, paragraph, sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. 19. This Agreement represents the entire understanding between the parties, concerning the subject,and supersedes all other negotiations,representations,or agreements,either written or oral,relating to this Agreement. 20. All of the covenants, benefits, and agreements herein will constitute covenants running with the land,and will be binding upon any and all individuals and entities,their respective successors in interest, assigns, heirs, and personal representatives, having or hereafter acquiring any right, title, or interest in and to all or a portion of the Properties. Responsibility for the {00026167A 306-9001821 Page 4 of 8 Page 159 of 1712 performance of any duty or obligation of Owner (as the owner of the Properties) and any subsequent owner of the Properties (or portion thereof) will be incidental toownership of all or any portion of the Properties and will pass to successors or assigns concurrently with the conveyance thereof. Furthermore, liability of Owner (as the owner of the Properties) and any subsequent owner of the Properties(or portion thereof)will be limited to the Properties(or portion thereof) it owns and that period of time during which it owns such Properties (or portion thereof). [SIGNATURES ON NEXT PAGE] {00026167.1 306-9001821} Page 5 of 8 Page 160 of 1712 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ATTEST: CITY OF LAKE W TH, a Florida Municipal S Corporati 01 E 'Ifw� B Deborah M dre z Pa Tri 1 Mayo City Clerk r y Z 5 (Seal) p APPROVED AS TO FC3 O AND LEGAL SUFFICIEl � Glen Torcivia City Attorney CITY OF BOYNTON BEACH, a Florida Municipal Corporation ATTEST: Steven B. Grant Mayor Judith Pyle, CMC _...._ City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY James A. Cherof City Attorney AL Hypoluxo,LLC, B Witne e ose . Lelo ek Title: ager Witness l (00026167.1 306-90018211 Page 6 of Page 161 of 1712 Exhibit " " The West Half(W 1/2)of the East Half(E 1/2)of the Southwest Quarter(SW 1/4)of the Southwest Quarter( W 1/4) of Section 4, Township 45 South, Range 43 East, Palm Beach County, Florida, LESS the North 1019.90 feet thereof, as measured along the East and West lines of the West Half (W 1/2)of the East Half(E 1/2)of the Southwest Quarter(SW 1/4)of the Southwest Quarter(SW 1/4) of Section 4, and LESS the Right-of-Way for 1-95. Parcel Control Numbers: 00-43-45-04-00-000-7340 & 00-43-45-04-00-000-7350. {00028187.1 308-5001821} Page 7 of Page 162 of 1712 Exhibit "B" Description of Improvements and Extensions • Sewer extension and connection to connect Properties, by and through the improvements and extensions required to be constructed by Holdings under the Existing Agreement(the "Existing Agreement Improvements"), to Boynton Beach's sanitary sewer system to service its respective. • Engineering,permitting, testing, etc. required for the above work {00026167,1 306-9001821 Page 8 of 8 Page 163 of 1712 { i t 1 RESOLUTION NO. R14-096 2 ? A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AGREEMENT WITH THE CITY OF 5 LAKE WORTH AND HYPOLUXO & I-95 HOLDINGS, LLC., TO 6 PROVIDE WASTEWATER SERVICE TO A PARCEL ON THE 7 NORTHEAST CORNER OF HYPOLUXO ROAD AND HIGH 8 RIDGE ROAD; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Hypoluxo & I-95 Holdings, LLC., owns parcels of land within 11 unincorporated Palm Beach County at the northeast corner of Hypoluxo Road and High 12 Ridge Road and is currently in plan review with Palm Beach County to develop the properties; and I 1 WHEREAS, the project is located within the City of Lake Worth's utility service area; and WHEREAS, Lake Worth can provide potable water service but does not currently have sanitary sewer lines in the area; and WHEREAS, Boynton Beach maintains sanitary sewer lines in the vicinity of the site I which can be extended, at Hypoluxo & I-95 Holdings, LLC's costs, to allow Hypoluxo & I- 95 Holdings, LLC., to connect to Boynton Beach's sanitary sewer system in order to provide wastewater service; and WHEREAS, the City Commission has determined that it is in the best interests of 13i the residents of the City to approve an Agreement with the City of Lake Worth and 1 { Hypoluxo &I-95 Holdings, LLC., to provide wastewater service to a parcel on the northeast corner of Hypoluxo Road and I1igh Ridge Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF { THE CITY OF BOYNTON BEACH,FLORIDA, THAT: f t 1\apps3 city cbb\auto0ata\222\Items\213\3145\4087Uteso_-Agreement with Lake Worth and Hypoluxo_I-95 Holdings(wastewater)doc 1 { j Page 164 of 1712 II Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. i i Section 2. The City Commission does hereby approve and authorize the Mayor ' and City Clerk to execute an Agreement with the City of Lake Worth and Hypoluxo & I-95 i Holdings, LLC., to provide wastewater service to a parcel on the northeast corner of Hypoluxo Road and High Ridge Road, a copy of the Agreement is attached hereto as Exhibit i "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 71" day of October,2014. 1 CITY OF BOYNTON BEACH, FLORIDA Nidy —Je aylo ce ayor—Joe Casello Com is avi ker ommissioner Mack ray r ATTEST: Commissioner—Michael M. Fitzpatri J t M. Prainito, MMC Clerk o Seal B l 1Aapps3 city cbbAautoAData\222\Items\213\3145\4087AReso_- Agreement_-t) Lake_Vlorh_and_Hypoluxo_l-95_Holdings_(wastewater)doc Page 165 of 1 12 AGREEMENT THIS AGREEMENT is made on this day of ATO C.✓ , 2014 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Boynton Beach," or "City of Boynton Beach", the CITY OF LAKE WORTH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Lake Worth" or"City of Lake Worth" and HYPOLUXO &I- 95 HOLDINGS LLC, a Florida limited liability company, whose post-office address is 360 Columbia Drive, Suite 102, West Palm Beach, FL 33409, hereinafter referred to as "Holdings". When used herein, Boynton Beach, Lake Worth and Holdings shall be deemed to include all of their respective successors and assigns. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.203, Florida Statutes, authorizes the governing bodies of municipalities to enter into interlocal Service Boundary Agreements concerning wastewater service delivery and treatment; and WHEREAS, Holdings owns those properties, as described in Exhibit "A" attached hereto and incorporated herein, located within unincorporated Palm Beach County, and is presently engaged in plan review and subsequently plans to develop and improve said properties (said properties being hereinafter referred to as the "Properties"); and WHEREAS, the Properties are located within the Lake Worth utility service area, but Lake Worth does not currently have sanitary sewer lines in the vicinity of the Properties; and WHEREAS,Holdings has requested permission from Lake Worth to obtain such provisional sewer service from Boynton Beach's sanitary sewer facilities; and WHEREAS, the Properties are outside Boynton Beach's utility service area but Boynton Beach does maintain sanitary sewer lines in the vicinity of the Properties which can be extended to allow the Properties to connect to Boynton Beach's sanitary sewer system, in turn allowing the Properties to receive wastewater service; and WHEREAS, Boynton Beach has agreed to provide sanitary sewer/wastewater service to the Properties; and WHEREAS, Lake Worth will bill the owner(s) and/or tenant(s) (as applicable in accordance with applicable party maintaining a potable water utility account(s) for such Properties or portion(s) thereof), and their respective successors and assigns (such a party being 1 The term sanitary sewer system is synonymous with wastewater treatment system. 100026167 1 306-9001821} Page 1 of 8 Page 166 of 1712 herein referred to as "End User"), of the Properties for wastewater services (such party herein referred to as"End User");and WHEREAS, Lake Worth will become a customer of Boynton Beach for wastewater services, and will be responsible for remitting payment to Boynton Beach for the wastewater services provided to the Properties;and WHEREAS, Boynton Beach, Lake Worth, and Holdings have agreed to enter into this Agreement which will allow Boynton Beach to temporarily extend sanitary sewer lines to the Properties located in Lake Worth's utility service area, subject to the terms of this Agreement; and WHEREAS, Such provisional hook-up shall continue only until such time as Lake Worth provides for the installation of its sewer facilities adjacent to the Properties and available for hook-up, at which time Holdings shall disconnect from Boynton Beach's facilities and connect to Lake Worth's facilities within 90 days of notification by Lake Worth of the availability of its facilities;and WHEREAS, Holdings has agreed to pay the cost of extensions and improvements, as shown in Exhibit 'B", attached hereto and incorporated herein, to Boynton Beach's sanitary sewer system to service its respective Properties and, to pay connection and service charges with respect to such Properties as provided by Lake Worth Code or regulation;and WHEREAS,Holdings shall contract only with Lake Worth for all potable water service. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth,the parties hereby agree as follows: 1. The foregoing whereas clauses are true and correct and represent material provisions of this Agreement. 2. Lake Worth agrees that Boynton Reach shall provide sanitary sewer lines to the Properties, which Properties are located within Lake Worth. 3. Boynton Beach agrees to maintain those sanitary sewer lines servicing the Properties to the extent located to the south of Hypoluxo Road, with Lake Worth agreeing to maintain those sanitary sewer lines servicing the Properties to the extent located to the north of Hypoluxo Road. 4. Lake Worth shall invoice the End User of the Properties for the wastewater utility service provided to the Properties. Lake Worth shall be responsible for remitting payment for such services to Boynton Beach 5. Boynton Beach agrees to provide treatment of wastewater discharged from the Properties. [OW96167 1 306-9001691 Page 2 of 8 Page 167 of 1712 6. The cost to Holdings for increasing the capacity of Boynton Beach's and/or Lake Worth's sewer transmission system, so as to accommodate the additional flow from the Properties, shall not exceed $10,000, due and payable at the time of the Palm Beach County Health Department permitting plan submittal for the work described on the attached Exhibit "B" to the City. All other costs associated with Holdings extending the sewer system to the Properties shall be borne by Holdings. 7. Holdings agrees to pay all connection charges imposed by Lake Worth, with respect to the Properties as set forth in Chapter 18 of the City of Lake Worth Code or regulation. Following connection to the Boynton Beach sanitary sewer system, End User(s) shall pay commercial waste water rates charged by Lake Worth for properties inside the City of Lake Worth(sometimes hereinafter referred to as "Waste Water Charge"). 8. Holdings agrees to grant a sanitary sewer easement with respect to operation and maintenance of the wastewater improvements described on Exhibit "B" and convey, upon completion of the wastewater improvements described on the attached Exhibit `B" and connection to Boynton Beach's sanitary sewer system,by Bill of Sale(a)to the City of Boynton Beach the force main in the public right of way to the extent such force main is located to the south of Hypoluxo Road and (b) to the City of Lake Worth the force main in the public right of way to the extent such force main is located to the north of Hypoluxo Road. Holdings agrees to operate and maintain in perpetuity all private wastewater improvements(including the private lift station and private force main described on the attached Exhibit 'B", but excluding the force main in the public right of way) to the extent located on the Properties and not otherwise dedicated or conveyed to Lake Worth or Boynton Beach. 9. In addition to other provisions contained herein, this Agreement constitutes an Interlocal Agreement between the City of Boynton Beach and the City of Lake Worth for cooperation and service boundaries for wastewater treatment entered into pursuant to The Florida Interlocal Cooperation Act of 1969 and Section 171.203,Florida Statutes. 10. Such provisional hook-up shall continue only until such time as Lake Worth has provided for the installation and makes available its own sanitary sewer lines to the Properties,at which time Holdings shall disconnect from Boynton Beach's sewer facilities and connect to Lake Worth's sewer facilities within ninety(90) days of notification by Lake Worth of the availability of its facilities. It. Upon disconnection from Boynton Beach's sewer facilities and connection to Lake Worth's sewer facilities, (a) End User shall pay all outstanding charges with respect to the Properties due to Lake Worth in accordance with this Agreement, (b)Lake Worth agrees to remit final payment to Boynton Beach, (c) Boynton Beach agrees to convey by absolute Bill of Sale whatever portion of said facilities Lake Worth desires to have at that time, together with necessary easements for repair and maintenance and (d) End User shall further pay to Lake Worth the regular sanitary sewer service charges imposed with respect to the Properties by Lake Worth, as same may be changed or modified from time to time. 12. Nothing herein is intended to advance or support any annexation effort by either Boynton Beach or Lake Worth with respect to the Properties. (00026167 1 3W0001821 I Page 3 of 8 Page 168 of 1712 13. Lake Worth shall be responsible for providing water service utility to the Properties in accordance with the ordinances, resolutions and procedures of Lake Worth applicable to water service customers. 14. Boynton Beach shall make no attempt to expand its sewer service area(s) by virtue of said provisional connection, nor make any claim of right adverse to that of Lake Worth by virtue of said provisional hook-up. 15. Except as provided in Section 16 of this Agreement, Holdings shall not sell, lease or give any right or privilege to utilize its sanitary sewer facilities to any other person whose property is outside that described herein nor allow any such connection to such person whose property is outside that described herein, without the written agreement of Lake Worth and Boynton Beach, 16. Notwithstanding anything contained in this Agreement to the contrary, Holdings, Lake Worth and Boynton Beach agree to the following provisions: (a) An owner (an "Adjacent Owner") of real property located within unincorporated Palm Beach County, Florida and adjacent to the Properties having PCN# 00434504000007350 and/or 00434504000007340 (the"Adjacent Property"), may, in the future, at its sole cost and expense, desire to connect the Adjacent Property to the sanitary sewer line extensions and improvements to-be-constructed and installed by Holdings in accordance with Exhibit `B" for the purpose of obtaining similar provisional sanitary sewer service to the Adjacent Property from Boynton Beach's sanitary sewer facilities (the "Adjacent Property Connection"). (b) The Adjacent Owner shall be permitted.to make such Adjacent Property Connection., and such Adjacent Property Connection shall in no event be considered a breach or violation of this Agreement,provided the following conditions precedent are satisfied: (1) The Adjacent Owner, Lake Worth and Boynton Beach enter into and record against the Adjacent Property an Interlocal Agreement, similar to this Agreement,for cooperation and service boundaries for wastewater treatment consistent with The Florida Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes, governing the provision of sanitary sewer service to the Adjacent Property and related costs,expenses and fees due and payable by the Adjacent Owner(the"Adjacent Property Agreement");and (2) The Adjacent Owner and Holdings enter into and record against the Properties and the Adjacent Property a sanitary sewer easement memorializing the Adjacent Property Connection, outlining the terms, conditions and restrictions governing such Adjacent Property Connection and providing for the reimbursement by the Adjacent Owner to Holdings of an amount equal to the Adjacent Property's share of the total cost, expenses and fees (including professionals' and attorneys' fees) incurred by Holdings in connection with the construction and installation of the Exhibit `B" extensions and improvements (the "Adjacent Property Easement"): and (00026187 1309-9001821{ Page 4 of 8 Page 169 of 1712 (3) Lake Worth opens a new customer account for the purposes of memorializing the additional sale by Boynton Beach to Lake Worth of wastewater utility service with respect to the Adjacent Property. (c) Nothing contained in this Agreement shall be deemed binding or an encumbrance on the Adjacent Property. Furthermore, nothing contained in this Agreement, including this Section 16, shall obligate Holdings, the Adjacent Owner, Lake Worth and/or Boynton Beach to enter into the Adjacent Property Agreement and/or the Adjacent Property Easement Agreement, as the sole intent of this Section 16 being to outline an exception to the restrictions provided for in Section 15 of this Agreement. 17. This agreement shall take effect upon execution by all parties. 18. In the event a court of competent jurisdiction hereof holds any section,paragraph, sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. 19. This Agreement represents the entire understanding between the parties, concerning the subject, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 20. All of the covenants, benefits, and agreements herein will constitute covenants running with the land, and will be binding upon- any and all individuals and entities, their respective successors in interest, assigns, heirs, and personal representatives,having or hereafter acquiring any right,title, or interest in and to all or a portion of the Properties.Responsibility for the performance of any duty or obligation of Holdings (as the owner of the Properties) and any subsequent owner of the Properties (or portion thereof) will be incidental to ownership of all or any portion of the Properties and will pass to successors or assigns concurrently with the conveyance thereof. Furthermore, liability of Holdings (as the owner of the Properties) and any subsequent owner of the Properties (or portion thereof) will be limited to the Properties (or portion thereof) it owns and that period of time during which it owns such Properties (or portion thereof). [SIGNATURES ON NEXT PAGE] {00028187.1 308 9001821) Page 5 of 8 Page 170 of 1712 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ATTEST: WORTH, a Florida Municipal Pamela Lop�� — City Clerk At "� st�►� (Seal) JA APPROVED AS TO FORM AND EGA SUFFICIENCY Glen Torcivia City Attorney CITY OF BOYNTON BEACH, a Florida MunicipalCorpo atio ATTEST: Vq10 Tay* r ' n� r (JJ et M. Prainito, CMC y Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY (1\ J es A. Cher f ity Attorney HYPOLUXO & I-95 HOLDINGS, LLC ^By e.- _-- t ness me. - Title:Ywo>.w-wNz' Prlft*-f*Jt- Witness H•\9356\22938\DSamtarySewerAgreementHypoluxo&I-95HoldmgsBCH docx/bch 100026167 1 306-9001821} Page 6 of 8 Page 171 of 1712 Exhibit`d All South 1,2 ref the Foulhwu%t 114 of the South%wsl IN ofl lc Southwe,i 114 of Section 4,Township 45 South,Range 43 Ea,t,Palm Beach County,Florid.{.1.178ti AND FXCla'I tight,-of-was,for Slutc Ruud 9(US 1-95).Nypuluku Road mid Ftigh Ridge Ruud, Alio known as; A parcel of Imid being a portion of the Southv m 114 of the Sonthkwe t }J4 of the SotrthA1v t 1.4 of Section 4,Township 45 So,ith, Rmnfe 41 Peet,11elm Reach County, Florida Said Pclrcel of hard tieing more pmucularl)descnbed as tallows: Commencing at the Souflm ai tomer of wid Seclitm 4, run North 02 degrcts 18' Ili' West, alone,the We%I line of iAd Sectitin 4,4 distance of 3.18.310 fccc;lhcnee Smith 89 defrces Su' 11" Last a dist inec of 40.03 feet to a point on tic Eastrtly right-of inty title of t likh Ridgc Rood (90.00 foot aide tight-of--way);said point hciny the 1'01111 Of'Iteginimg of the herein dce,vritxd parcel oflutdl. C'uutmue thence South 89 degrves 5U' 23' Last a.ong %lir Noith line ol'the South ludt-ot the Southwest 114 of the Somhwem 1;4 of tlw Smiltme-0 114 of vdd Station 4,it distance of 641(A 1iet;Iheneo Sottlh 02 depvcs 17'MI"Eml along the West line of the West 1,2 of the Last 11,2 of the Southacu 114,of tiw southiwcm i I of ticdtion•1,a distance of 242 X7 foot;thcnee tiuuth 57 degree-39'IN"West 4 dimmnce of 51.,15 12et,Uience South 85 degrade 48'2 1"14'tsl n dlti(ancc of ?V 01)lot lu a point on the Northerly right-ofway Linc of 1lypolmo Road(108 foot widc ripht- ot-way);thence along said Northerly right-or%%ay line North 90 deprees OU'00"West a distuice of 284-07 fret,thence North 46 dunes 09'08" Wom 0 disputed of 14(4 feet,thence North 0? degrces IN'16"We-W dwi mc.:of 270.21 twit to,llta Point til-Beguuung Parcel Nos.; 00-43-45-04-00-000-7380&00-43-45-04-00-000-7440 (00028187 1 306-9001 821 1 Page 7 of 8 Page 172 of 1712 Exhibit "B" Description of Improvements and Extensions • Private on-site lift station • Private on-site force main • Force main in public right of way,crossing Hypoluxo Road • Connection to City's sewer system at manhole • Any roadway or surface restoration • Engineering,permitting,testing, etc.required for the above work {000261671 306-8001621 Page 8 of 8 Page 173 of 1712 `A�� OFFICE OF THE CITY CLERK 0 7 North Dixie Highway - lake Worth, Florida 33460 • Phone: 561-586-1662 Fax: 561-586-1750 e OR% o September 24, 2014 Janet M. Prainito, CMC City of Boynton Beach PO Box 310 Boynton Beach, FL 33435-3838 RE. Executed Agreement Dear Ms. Prainito: On September 23, 2014, the City Commission approved an interlocal agreement between the City of Boynton Beach, City of Lake Worth, and Hypoluxo & 1-95 Holdings, LLC to supply potable water and wastewater service to the Hypoluxo Shoppes properties. Enclosed are two agreements executed by the City of Lake Worth. Upon execution, please return one original Agreement to the City Clerk's Office for our official records. Sincerely, Pamela J. Lopez, MMC City Clerk Cc: Monica Shaner Enclosures Page 174 of 1712 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 E-mail: prainitoj@bbfi.us www.boynton-beach.org October 10, 2014 MS PAMELA J LOPEZ MMC CITY CLERK OFFICE OF THE CITY CLERK CITY OF LAKE WORTH 7 NORTH DIXIE HIGHWAY LAKE WORTH FL 33460 Dear Pam: Enclosed is a copy of Resolution R14-096 and one (1) fully executed original Interlocal Agreement between the City of Boynton Beach, the City of Lake Worth, the Town of Hypoluxo and 1-95 Holdings, LLC to supply potable water and wastewater service to the Hypoluxo Shoppes properties. This agreement was approved by the City Commission at their regular meeting on Tuesday, October 7, 2014. If there are any questions or concerns, please let me know. Very truly yours, CITY OF BOYNTON BEACH copy Janet M. Prainito, MMC City Clerk Enclosure (1) S\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2014\Transmitting R14-096&Fully Executed Interlocal Agreement docx America's Gateway to the Gulfstream Page 175 of 1712 6.1. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the State of Florida contract no. 41120000- 15-ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not-to-exceed amount of$40,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. EXPLANATION OF REQUEST: Time Period: October 1, 2017 - September 30, 2018 Boynton Beach Utilities (BBU) utilizes Fisher Scientific Company LLC for the provision of consumable laboratory supplies including, but not limited to, chemicals, standards, proficiency test samples and small instruments such as pH meters to conduct laboratory analysis. The State of Florida Alternate Contract Source for the purchase of"Research Laboratory Supplies" has an effective term of April 1, 2015 through March 31, 2020, and includes equipment necessary for operation of the Utilities' Laboratory located at the West Water Treatment Plant(West WTP). The City is a eligible user of the State of Florida contracts and follows the States directions as to how to order from this state contract. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of the piggyback of the State of Florida contract with Fisher Scientific will give BBU access to the supplies necessary for water quality analysis at discounted prices. FISCAL IMPACT: Budgeted Funds have been budgeted in account 401-2819-536-52-21 and 401-2811-536-52-21. Previous fiscal year expenditure: FY 2016/2017 $37,555 FY 2015/2016 $28,105 FY 2014/2015 $32,826 ALTERNATIVES: City could issue its own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 176 of 1712 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum State Contract D Attachment Pricing Discount D Attachment 2017 Fisher Hot List Pricing D Attachment Letter from Fisher Scientific Page 177 of 1712 k _ I ALTERNATE CONTRACTSOURCE, NO. 41120000-151 -ACS Rmseaavch Laboratoryupi , �-°i r Sclentifir. Company, I� _ nNeisi y of Florida Contract No. This itern Cont-act Souros Agreement is enace and enterod into as of the Imet date signed i w by and behvean the State of Florida, Dep 4int of i i nage.mnServioes Fisher i ffin , .L. ., C ntr r)w 1. Authority 1.1 The Depa rtn nt is eutho&-adSub i n 287 1 , I i ri s, "to i uaft contracts int by the Fsdaral Govemment, another state, or a political a ivis n for the p vision of commoditiesand contract,servims, and,, it it is determinedin writing COGWRactiva and in tho best intarest of the slats, to snter lift a wriften agreement authorizing an agency to make purchases, r sud contract." 1.2 1"h UnIverefty of Honda F Fait' iy Procured Rass&arch Laboratory Suppilasn wivarded contract i 1 -1 t ntr .ora A Wiernorandum of Understanding (MOU) was executed n February 1 , 2016 n the pakti s rindis attached hereto Exhibit A, ("Authorized ContrscrN,` i gent has,eval uat ed the Authorized ntr& , topether with any amendrnerft and exhibits b rat , and hack-no%Aedges in,,syrifing that use of she Authoft Contract i;z ... i ii and in the best interest of the State, 1.3 TNjm.fom, the Department antes into this ACS v" h Contractor, 2. AddfflonM Definitions Agency -An entitywithin tha wzecubve branch of State government, as descHbed in subsection i ° . 12(1): Florida Statute& 2.2 Customer n Agency that pmcur n t ry SupplLes under the AC.0Po 2.3 Research LaboratorySupplies- are lifen chamical products, consumable supplies, small lebomtwy equipment, laborstory inVaurnenta andr laboratory u ic, safety equipmentn asupplies, State the State of Florida. 3. Purpose and Scope "Use, 3.1 The Purpose this ACS is to soquiraResearch Laboratory Supplies for use by Agenda& 3.2 Customers may pr curs Research Laboratoryli from this Agreement pumuent t the temis and conditions of the Authorized Contractas modffledand menteyl herein. Research Laboratory Supplies AlUrnate Contract Source Api meat 41 -15 R%%3McdfW12 4. Torym Rod Rari,ewal 4.1 Terffl� This ACS shell becorns effar;&v on April 1� 2015 or tho drafte on which the agreement has been signed by W41-m parties, wNi J chaver is IntGr and shaill have a ten-n that is coierminous with Vie Authorixod Contiect, ently e ftctive throuah February 12, 2020, unless iorminated earliar byUK In ad"I"Won to the 6" contained in the Author!.-,-,,ed Contract, tile f.),epaitrnent g. ile right to terminete N3 ACE, :eifiedlve upon 30 day vniften n&dce. 4.2 Renewal.- Upon agreement of the parlies, this ACSS maybe renewed for a term ftt doea not oxceed the initial or rarlewc2l tssnri of the Authorized Contract. Renewal must, be in wrifing and is subject to I,*same tarms and conditions Set forth In the Authorized Contraet, and any amendryieft, and this ACS, and eny amendments, 5. AuthorIzed Contract Tais and Exhibits Incorporated into the ACS 5.1 The attached Exhibbt A-D of Secfion 10 are her incorpormated into the ACS res if fully set forilh herein, unleas modified below and shell remain ir full fbrce and effect throughout the Wan of ft ACS, unless rno&,"Ied irl',;��dflnq by the p2dies. 1 52 The following sections of Exl-iibft A, Autho6zed Contree cl, are superseded by Saction 6, Temns Supplemental to tha Authodkod., ConbaO. 52.1 Section LD, Invoicing and Paymant'dorms 5. .2 Section 11I.B., I-lot List 5.2.3 Section W.E., Quatterisf Bk,19JrAg;,1 pev�Lstv &, oungs 93 5.ZA Section IVY,, el3usineis 5,15 Section W.G., Reporting 53 Exhibit A, Section W.A., A=unt Management is superseded by Serslan 7, Contract Management. 5A Exhibit A, Section 11I.D., Participation Incentive Fee Is not incorwe-Wid into this AC& "rerms Supplementalo the Authorized Contract 81 Form PUR 1000, General Contract Ccridittons This lbrm is Inpomted by reftrence and may be downlivded and viewed at.- htIlL Am wwwmjq�1110 If a confils.1 eylats Q-d X-W 11 17 bebwen the Authorized Contract and the Cienaral Contract Conditions, tho Authorized Contract shell t2ke precedencv over the General Contract k,.','ondWons unless the Conflicting term in the General Contract Conditions i3 required by Florida few, in whiah case the Gerrard Contract Candirtler,a ter M. vAll take pmrjedenca. 62 Purchase Order LimItations 'Terms and condItIons Inconsistent with or contrary to the terms and conditions of the ACS and the Authorbmd Contract shall riot be ack to or Incorporated into the ACS or the Authorized Contract by any subsequent per chass order or otherwise,' Qny attempts to add or Incorporate such terms and condkione shall be null and vokl. 6,3 Purchase Orders in ordar to purchase products and services from the Authorized Contract, Cusiomera shall issue purchase or or referoncing this ACS. Custorners are respfor rloa reviewing termns and conditions 01"this ACS and the Authorized Contraol, I' a Department is not a party to sny purchase arder Issued by a Cr star Remarch Laborwory Supplies Afternate Contract Scmirce Agreement 41120000-15-ACS 2 Pf:%&3#ftAf9ff1 2 8A Con1 "Iricing Contractor PNcing ftcour11d irl Exhibit 8, Prime Avmrd PPG S Chcir(l U le wit h 'Bands and ErixhlbltC: Prime Avvard pi'his ACS for use bY WSWmars i rin PrOcuM ReSefirch Lraboroiory Supplies under this Agysemerit, 6X Hot Ust Within 30 days Of CMscutl0i, 011th-e ACS and annuallyin January thSreafter, shect� which shall be il"Corporated by rf,:f,9r n shall develop a Hot List Pria the Coltractor a 00 and posted oil the Elie-portment's%yebsite, The Hot List coni'vins adional discoulits based on the volume of StVie purstragg ,fh 'em& &.3 Emph ragIbIlity N/Orificafflon Pursuarlt to State of MoNda EXe-CUtiVa Ordar Mumber11-116, 0 ontractor use theis raquired to #U& DONdment ' of Homeland Seelritys fir'-%Iaaffy system, to veri�j the amploymerit ,elgi�,-,'Jlil-'Of'e,o.ff assigned by ihe Contracturro worlt in the Ujit9d 8jgteq and at �, he tO PrOM8,38rvices to Agencies during the A4XCS terrn, The Contra or%; If Include in agrftmants with Subcontr000m a FaVWrernent that Stibco 010 Providing temporary alize the E-NleFify 9- a fy a Mployment 811gibilky of all Waff to the Contractor u,* Me ra suds staff, yoiam to kf d jh 8.7 Preferred Pricing The Contraftr agmes to submij,to the Depqrtment, at least annually, an affidew,from an authorized WrWeftftl%re attesting thE4 the Contra&or is in compliance ,,Aih the, best p6cing offer prien contairled In Geej r-tontjgct Conditions (PUR 1000), Paragraph 4(b), 8.8 SCnAinized Company List In executing this,ACS, the Contractor re1jifies A'-;let it is not,116-W on 31ther tha Scrutinked COMPanles with Acthet in Sudan UGt of,the S"Utinize',1 COmPOF110s With ACtivitles in the [ranPetroleum Eneirgy,Beetor List, crastexi pursuant&,0 S-action 215,473, Florida a r.aft StaWtes. Pursuant to section 287135(5), Florida StehitesContractor g th Department MY Imme0i'lately terminate this ACS fa,� N the C is found to have submitted a faxise, COrtificration, or if CoMirsicior is plac*d on the Scrutinized Companies With Activities in Sudan List or gle SeMinized Companies with AcdVgjas in the Iran Petroleum Energy Sector List during the term of the ACS, 8.0 MyFlorldsMarketpjace Registr2tion In order to complete any transaction authorized by this ACS, Contractor use be melet erad in fistyFloridabra tPlaos.All transactions are WNW to a transacvon fee pursuant to Rule BOA-1,031, Florida Administrative Code. 6.10 Transaction Fee Report Contractor is required to submit:quarkiy Transaction Fee Reports In el lectmnic format. Transaction Fee Reports SP1811 bs,Subrnfttod In accordancg witN the detailed fee reporting instrucHons and vendor training Pr6sentations evaileble onlina at the Transaction Fee Reporting and VendorTralain g subsections and Vendors on the MyFloridalujarkwPlace webelts, located at http� /kms,myfforidq,com/(nfmp, I Electronic Invoice The Contractor may supply alectronic invoices in 118U Of paper sed Invoices for the transactions rocs sad through MyFloridaMOrketPlace (NAWMP), ContrectOr 82rees, upon fit ""'r PFag@9349aDb9&712 .h a DePOrtment's use to to setablish w1actrunic Im1oicliig%,;� ill 90 days Of fflitten reps e t. Eledronle ow f thrm Mechanisms as listed bslov.� ejw rl,, i r, ,oicas shall be submI116d to the CuStolhoir through the Ariba N 0 n ora 8,11.1 WCUL (Commarca e.xtejjsjbjO Merkup '.anguago) Tills otandam. , ea4Lr'-1L'JJ8hGs tho data cc,,ntants required for areng via cXh4L wftin the COTAOXI'Of Vn alftronic WAramnaStu 'Thi s trailsection awl wn be used,or h"VOic!"D via the Aribe iqahTfork-to, M,. ,- The FOL fbrmnt is the Adbe pr,3 1100 sad non-catalog goods and semices, B.11,2 EDI (Elaciroinle Dalka Intorcilen fe-'r8d Mothod for a-1n%-.:o1cjne, ,gc�) This rLandard Gstsblishes thefts cagAlents of t119 Iflucjoe-fra, Aronic Deia Interchange (EDI)ent WK-Wo the context of an Bler f1section S3t for use -Ilronman,,. This tmi'188060n Set can be used for i1r,jr,01cing%qG the Art be to r': Cato,log and nom-mttloq goods and services. 8.113 PO Flip via Art work The online process 811cryS suppilers to submit tce$via the Art be Network for catalog and non- at goods and services. Contractors have the abilky to create an invoice directly hum their t in their Aribe Neurloex account by simpiv 'Tipping" tho PO 1110 an involoo, Thic option does not require eny special 80flwa " rt echnical capabilities. re & -4 For the purposes of thissection, the Contractor warran-113 and represents glat it is authorized and WIPaw-ired io avid hers by grants thGWite d party provideoMR.MP, State a Conte' e and the thir r f actor, ths r-ght and license to usq, reproduce, A lre.namrt, distribute, and publiclydispiny . vAthin the sysiarn the inforrinefion outlined above, in addRion, the Contractor warrants find repres WAS that it is authodzed and empow-arad to and hereby grants th.,u Stela and Via third party orr't and liceense to reproduce and display wfthin the system the Contracta trademarks, ssysta % logos, trade dmw, or other bmn Wing deWgnation that identifies tducots, mada evellable by thG Contractor under the Contract. 6 11. The Coft—actor YvIll Work with the N4FMP Mera team to obtain specific requirements for the Electronic Invoicing upon contract award. 6.12 Purchasing Card Program The Contractor must acCept univaisal card format Purchasing Cards(e.g.,Arn3ricen Express, MastsrCard, and Visa), but this is not the Oxclusivs method of payment (e.g., purchase order). The method of ordeft end Payment (e.g., Purchase order, Purchasing Card) shall be Salected by the Eligible Usen The State of Florida has implemented a purchasing card Pmgrem, using ft Visa platilbrm. Contractors may receive Payment from state agencies by the purchasing card in the some manner as other Visa purchases. Visa acceptance is mandatory but is not the sxdusive method of Payment, The Sf reserves the right to change the pt*m as necessary, The State will not fill out any Contractor forms orwilbacts In association with the Contractor acoepting a purchresing card payment Contractors' are nd, 8110wed to charge a fee fol'acoepting 8 Purchasing card paymerd.. Surchargos or convenience fees are prohibitad, Fees shaff not be charged for using a purchasing on,rd un , e fiew a be approved by the Eligible User prior to c8rdS, vauchOrs, etc.), and must charged for all Methods of Payment ,(cashcheck debit Ie53 th re order acoaptence. Remarch Labomtory SIAPPOes Aftmate Contract Source Agmement 4112MM.,16-ACS 4 PRAMSBIWW12 On-line billing or paymeilt-A,, tsrr% maintpiried by the ContractAor will no',Were the card holdet's- account number and tjxp`,°;# Contracior with ;,ard av irTj tor is-uce., C8,RT 1101cl-n-ts t6jill Provide tho VALX1 Qt 0�i C�l inr Weadon, 0.13 Lobbying, Contractogr shall rxrnply ire th siedons 11$us2, Maride Statut@3- and 21&347, Flaridj StSWICS, !nh ich prohibli the uue of statofundsto lobby the 1.,,4egjsjwLUre, JWICIary, or state agends& 8.14 Payments by the Stift- The Mate of Florida's peribri-nori m and obligefth to PaY under Mis ACs j,3 L ia Legislature. upon tin annual r appropistion by t dconfingent P'VY-mOnt ShS11 be made in Rcoordliance with son 215,422, Florlde Statutes, Interest pen0es fOr Iste payment are 8�fa![Qbls subiect tO the provisions in seetion 215.4,22, Florlds SteWtes,A vandor ombudsman, %410se dLefles Include adng as an advocate for vendors viho may be expeliencing problems in obtaining timely Psyment(a)from a state ragency may be contact at(860) 4,,3_;,56oj& 6,15 Legel Venue The m4clusive venue of any 16,93101-eetlultabki scdon, to which ft Depertme t I rfv ft(arlsm out 01, or rejetesjo this AC S, shall be flie appfOpriate administrativa fol,cm or State couft in Leon County, F106da. For any legal, adminiq1tratWe 0j,9qu adses out of, Roble mcdon that or etas to, this ACS, Florida latv shallCont or,.,aWs any Z P1 an rig ht.to a jury tris 1. ract vy Al Notice& Contract notices may be delivered in accordance irft section 38, Geiierv.j Contract Conditions, Form PU R '1000, the Authorized Contract or by email to the contact person as identified in section 7.0 belcw,7- 6.17 Reporting In addibon to any reports required bythe Authorized Contract, the Contractor shall submit a quartedy report in the required format 61Mleally to the Delmrtment's Contract Manager within 30 days of the and Of the quader. The Department reserves the rblit to require the Contractor to PmVide addilbonal rsports within 30 days of Written notice. Failure to provkJo the quarterly report or other r ports requested b,, the Depeft t may ault and may result In teryninaflon of the ACS. result in tha Contractor being found In dati 9 V on Initiationandsubmission of the quartiady report are the responsibility of the Contractor withoLt prompfing or notification by the Depeftent 82les will be ravlawed an a quarterly basis. Should no sales be rayded in two consecutive contract,quarters, the DapsMnent may terminate the ACS. 6.18 Business Review Meetings The D"rtment reserves the right to schedule business review meetings as firequently as necessary. The Department Will provide the format for the Contractors agenda, Prior to the meeting, the Cordractor shall submit the completad agenda to the Department for review and acceptance, The Contractor shall addrwe the agenda its and any of the Department's addftional concerns st the Meeting, Failure to comply with this section may resuft in the Contractor being found in defoult and the ACCS terminated. Research Uftmtory Supoles Alternate Contract Source Agreement 41120000-15-AC,S PRgq849Zfc@6712 0.19 Commitment to Divu%reftyto Vr-rr rpt Contractinp TbG S'WtO Of FlOride16 Committedto supporfing its t r ori industny and Population through ensuring Pw-ficipationby minority, women, and I its abled Meran business enterprises toi of the t tan The t - Flo d Mentor Proft6 Programconnects minority, % e , and sorAce-disabled veteran business enterpriseswith private cwrporatlons for business development rvientolft live strongly rR firms doing business vft'ihe StateFlorida to considar this Initiative. r more infomiation an the Itfientor Prdt6g6 Program, Please contact the Ofte of Supplier Divemityt 487-0915 or otdhelp@dms.illyliodde..com Upon t, the Contractorl report rt t the Deparitnerili, selave vilth cartiflad and other minority mass enteiprises. TNAe reports vollljlude the period r b and ��w r t r l r Identification tit covered, t� r tit ,t during tha period, commoditle6 andservices pmvided by the Millorfiv enterprize aridthe � UM t 1n rk t of each agency rt under the t r this , t t, 8.20 Public eco 20.1 Accamas to PublicRecords The Contra&tor shall allow public access to all documents, papers, letters, orte r materet made or recelved by the Contractor in conjunotion Mth the Cori t, unless the racords are exempt fMM Article , Section 2,1,l(a), Florida Candtution or sadlon 11 n 1 " KS. The Departmentinvy unlistemily t9rminate the Contrect" the Contractor refuses to p.t w public access as requiredin this section. 1M Redacted CO&S of Confidential Inif'ormation If Contractor con3idare any porion of ary docs oats, date, or reg !"Llt ed to the Department'110 be confidandal, ria r , tr3rde secretotherwise rt subject to disclosure pursuard to ChS9 ter 119, FA, the Florida tk ton or tri authority, Contractor must—upon req uest, provide the Department with separate redacted copy .- the informatlon it cialmsrift 9 and briefly describe in writingthe grounds forcialming axemption from the publicr , Including the 8POGIrict_ r it t o r sure) tion" This redacted shall oontain ihe Contract name and number, halt clearly �� d milµ redacted hour only redact those of material that the Contractort Is tit, proprietary, trade secret or otherw, Wo not subject to disclosure. 6.20,3 Request fbr Redacted InIbrmation In the event of a publicr r other disclosure request pursuant 110 Chapter, 11 , RS., the Flodde. tit r other authority, to which t t era marked as"Confidential' ar Wawa, the Department YA11 provide Contractor-redacted t to the requestor. ff a requestor asserts a fight to the Confidential f r tion, the Department will noffy the Contractor assertionbeen made, It Is the tre-Actor' oast It t the information in questionr from it r Chapter 119, F.S., or other applicable l a . If the Departmerg becomesto a demand for discovery r disclosure of the Confidantial Information of the Contractor under gal process, the Department shall give the Contrector pmmpt notice of the demand for to releasingthe information labeled r tl " (unless otheNse prohibited ti t low), Contractor shalt be responsible for defending Ressamh Laboratory Supplies Altemate Contract Source Agreement 411200 OM A 1g'f12 Kr determination that the redamel powaile of K_, fesponse ar's confidentlel, Pry piletary, trade secret, or otheiveme not to dieclosue-P. F-.20A Indemniflcation for Redacted infonnallon Contractorshall protact, , and indomnlry aha 060rtmOni for any and al! claims ariss ng from or rula Una to COPjjyr'a deterain ation,that ft redaGled PoMoI13 of ILs resporlse are confideritial proprietmy, trado secret, or othermse n subject to died osure. if Conirector fade to sub a redacted copy of information k claims is Cordidantiel, the Department is authorized to PMduce the entire documents, dats, ur submitted to the Depaftment in answer to spublic records request or other ImMul request for these rawrds, 6.21 Security and CoWldenfielhty a.21.1 Tha ContrectOr shall ensum.that corTlidential or exempt Information is prot3cted korn disclosura in accold"onm volth Florida ia%� 6.21.2 The Contractor shall cemply 11itti tie accessibliftyStan dards sUded in secimn -308 of the Re-habilita'don A of 1973(29 U.S.G. 794(d)), including ragres ations set forth under 36 C.R R. part 1194 and sections 282.601-806, Florlds Statutes. 6.21.3 Atthe expiration , ACS, the Contractor sill iWwm all Dopariment or Customer infor.madon to theDepartmenit or Cuctomer in a usable fOrmat io be egread upon by the Dapartment, Customar, rind Contractor. 8.21 A At the expiration of t118 ACS and after all federal and state record retenfion requirements have been mai, 101le Contractor shall dent ruy and render unrecoverable all remaining DSI)adment or Customer ins bon and cartify in writing to the Department or Customer that theas actions have baen taken. Contractor shell adh 'Lo the information destruction standards established by the National InstRute of'Steriderds and Technology Special Publication 800-88, "Guldelin as for Wele Sanifization" (200a). Soe-POP_//_q1vLM9tM. v 21. The first sentences,of section 33, General Contract Conditions, PUR 1000 is racad by the folkw4ing: TheContrector shall wmply fulty with all se- fity Cou procedures of the Customer, including those adopted pursuent to ewdon 1.1 1$ Flodda Statutes, and Chapter 71A-1, Florida Administrative Code, 'in pailormance of the Purchase Order. The warranties &this paragraph shall survive the ACS. If the Customers secuifty procedures in place as of the effective date of the Purchase Order materially change, then the Customer shall pmmptly notify thnirector, and the Contractor and the Customer shall nagotlate an amendment to the Purchase Order to eddrm the change in pr000dures. 6.22 Compliance with Laws The Conftetor shall comply with all 1aw-9, Florida Administrative Code rules, ordlnences, and licensing requirements applicable to the conduct ofits busing se%vbln the State, including those affederal, state, and local govemmental entities having judediction and authority. By way of non-exhaustive example, Chapter 287, Florida Statutes, and Chapter 80AA, Florida Administrative Code, govern the ACS. By way af further non- exhaustive axampla, the Contractor shall comply with section 274A of the Immigration and National.y Act, the Americans wb. Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sw; craed, national in, handicap, refit status, or%teran's status. Violation of such laws may be grounds for termination of the ACS. Research Ubmtory Sup pMe Aftemate Contract Sam*Agreement 41120 1 ,A 7 $_Wb3f14c6f9W1 2 The t also bB QUIVerned by end shall not act inconsistently with sactione 119.07 and 1°t , 7 ° , Fluryde &u,,tuL,3, r a rr i date r information f mitha by rho q rt r° . w"� r°° rg t 1 1Statutes, k r I n w Any maintenance, sup.. notl , self-traii-ling, 09ftification, audit, review r o1her i sjons contalned In Pumilase Orders, or addKional termsand conditions Incorporated into those apreemerft, that do not comply Florida law shall not apph,to this AQ9, Contract, Management 7,1 r r fir. t i '1" r ° � s Chrietopher McMullan, Contract ManagedPurchasingt FL Departmentf oVeneenment Senloes iii f State Purdhesing 4050 Esplanade , We. 370 Tally V399-09550 Telephone., (850) 922-19887 - 7.2 The Depatment may unilaterally appoints dtfffereni Contract Manager to the ACS, Sgid action shall not con.1aftute or rewire an amendment toihekCS,Any comMunicaflont the Department relating io the ACS shah be addressed tothe Contr=t Manager, 73 The Contractor shall assign one in&v1dual to serve aeft deeignated corftei person fir is AC& All questions and Customer seivics. issues concerningthis directed to the Contractofs designated contact person. It will be the designatsdcontact person's r3sponsibilityio coordinate%vith necessary Customsrr t answer queWoris and rasolve issues. The tr r rpt provide writtento t he Department if a ri&iiloy Uri d-signated 0 r this i1t i amass dyes of the change. 7.4 The Contractor for Maintaining the contrect file for this ACS jsw Mark Mullins, lRegion M01ager Florida Fisher Scientific, L. . re 3970 Johns Creek Court Suwannee, GA 30024 Tei raw 2 E-mailw . l der a. Cons en r Non-performanc 8.1 Financial Consequences Customers must apple financial s N the Contractor falls to performi accordance ° the ACS or Customer PorchOrder(s). Customer Purchase Order(s) will l nanc4al consequenczsforn- rf r'rrr r w. Financial conseCluenose for non-performantm shallnot be considered penafts. 2 Contractor Event of Default Any non-performance by the Contractor, which is not cured%within at least 30 days after rc let of written notice thereof by the State, may 0onstitute a defaulta At t o State's exclusive l lon, e Period aft-dedr cure may extended so for ,� rdra r mittes satibl"actory performanoo and thereafter diligently and continuou,*pursLm Satisfactory performance, r marth laboratory Supplies Aitemete Contras,Soume Atp"ment O 8 12 &3 State Remedies Oil Pral cWthe Contiector, ft Steft is entitled t remediesstat ij°r t°Uig . 008vFlorida Admr r tri Code, &fthout limitation Sq to tt ' r It of Other marnedles rit law or ritk 0.4 State Evert of Defauft The State'siir re, to parfo.mi or � in ert rr any the r i iitthe � will con ttt ron �� r trtrr other rpurchase, of tne ACS, or Purchase Order(s) or rxt amounis for ii r the t tr)ti due and OrVInQ after ,llrovisonabie time U .and egr nt trj the Stu-to. 9. Subcantracto,rr The Contractor shalt not use subcontractors to PMvide productsor perform w,11cas under this ACS without axpress prion wTftn parmlesion Department. r useth subcontractorsrof ar written consent of the Department shall constitute a bras cis of this ACS and may r- it in temilnetion of the ACS. 1 . Exhibits to, the ACS 10.1 All terms and conditions containad in Exhibbthmug h D am incorporated fully set rte herrein and shah remain In full Porte and eftclj throughoul the Itermthe unless ACS in vii ria: by the Parties, The Whibb ore: .1.1 Exhibit Aw The Authorizekj, r irr ,,luding &xhibits and amendments as mociffied 13Y Soodan 6 of this docuraejjtn 10.12 hi It w Pri-rne Award % itk-j Bands 10-U x Mbit rri t-vard PPG schedule 10-1A Mbit : UFinvitation to MagoostePio. M 5 �-1 for r r fo Suppliesr 1E n U re Agr t Of th e P a rtla 11.1 This and Exhlbftsroe tit t e the ACS and antire understancing of ft Perdes.Any modification to the ACS must be in wrtting and signed by the parties. 11.2 In the event of conflick, thisi nd agency purch2sehalt have priority In the order listed lr. 1121 "Mis t and amendments, °th latest ivii ri olity 11.2.2 Exhi it A.,AuthorkW Contract a nd amendments 11 Z3 Exhibit D., We Invitation to Negotiate No. 11 -1 rLaboratory Supplies 1124 PUR 1000, General Contract Conditions 12Exhibit Q Primechi I 11.2.6 hu t B: Prime Awardlwith Bands 11. .7 Hot Ust Pdclng 112Purchase pursuant to the ACS -Supplies ft te COMMd Bourn Agmement 41120DOD-15-ACS X6712 IN WITNESS VIVI-11EFREOF the psirPfjaa f�,j c,"Pad rflas be! , �,gvg al low� jgn r State of'Clon"da 1,xAment of g4lanager neni sorllces., Flaher Scientific Colljoany signstum: Nstme: ........ ........... ------ ........... Tive: Date: ........ ustr- Res mrch Labomtory SUPP1161,Alt ernate 41120WO-15-AC,g ccntract source Agreement 2 Exhibit B Prime Award PPG schedule with Bands Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Apparatus - All Apparatus - All 47.0% Based on A001 1 Other Other- High January List Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 48.0% Based on A001 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 37.7% Based on A001 3 Other Other- Medium January List Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 34.0% Based on A001 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Apparatus Apparatus - All Apparatus - All 20.5% Based on A001 5 Other Other- Low January List Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 1 Education Education - High January List Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 2 Education Education - Medium January List Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1188 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes High Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.0% Based on A900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Apparatus Apparatus - Apparatus - 29.1% Based on A900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 39.6% Based on A005 1 Supports Supports - High January List Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 59.0% Based on A005 2 Supports Supports - Medium January List High Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 56.8% Based on A005 3 Supports Supports - Medium January List Discount Price of Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 48.0% Based on A005 4 Supports Supports - Medium January List Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1289 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Low Discount Applicable Calendar Year Apparatus Clamps, Trays, and Clamps, Trays, and 36.0% Based on A005 5 Supports Supports - Low January List Discount Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 35.4% Based on A006 2 - Medium High January List Discount Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 39.9% Based on A006 3 - Medium Discount January List Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 31.2% Based on A006 4 - Medium Low January List Discount Price of Applicable Calendar Year Apparatus Cryogenic Products Cryogenic Products 24.0% Based on A006 5 - Low Discount January List Price of Applicable Calendar Year Apparatus Desiccators Desiccators - High 35.0% Based on A007 1 Discount January List Price of Applicable Calendar Year Apparatus Desiccators Desiccators - 41.2% Based on A007 2 Medium High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1190 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Apparatus Desiccators Desiccators - 48.0% Based on A007 3 Medium Discount January List Price of Applicable Calendar Year Apparatus Desiccators Desiccators - 45.0% Based on A007 4 Medium Low January List Discount Price of Applicable Calendar Year Apparatus Desiccators Desiccators - Low 38.5% Based on A007 5 Discount January List Price of Applicable Calendar Year Apparatus Facility Safety - Facility Safety - 29.2% Based on A004 1 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable High Discount Calendar Year Apparatus Facility Safety - Facility Safety - 42.3% Based on A004 2 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Medium High Calendar Year Discount Apparatus Facility Safety - Facility Safety - 41.5% Based on A004 3 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Medium Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1491 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Facility Safety - Facility Safety - 38.8% Based on A004 4 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Medium Low Calendar Year Discount Apparatus Facility Safety - Facility Safety - 29.5% Based on A004 5 Maintenance & Maintenance & January List Operations - Operations - Price of Apparatus(Safety) Apparatus(Safety) - Applicable Low Discount Calendar Year Apparatus Fire Fighting & Fire Fighting & 27.3% Based on A008 1 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year High Discount Apparatus Fire Fighting & Fire Fighting & 28.2% Based on A008 2 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Medium High Discount Apparatus Fire Fighting & Fire Fighting & 39.6% Based on A008 3 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Medium Discount Apparatus Fire Fighting & Fire Fighting & 28.2% Based on A008 4 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Medium Low Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page h2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Fire Fighting & Fire Fighting & 22.7% Based on A008 5 Emergency Emergency January List Response — Response — Price of Equipment & Equipment & Applicable Medical (Safety) Medical (Safety) - Calendar Year Low Discount Apparatus Microbiology Microbiology 53.0% Based on A002 1 Apparatus Apparatus - High January List Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 36.5% Based on A002 2 Apparatus Apparatus - Medium January List High Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 34.5% Based on A002 3 Apparatus Apparatus - Medium January List Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 28.1% Based on A002 4 Apparatus Apparatus - Medium January List Low Discount Price of Applicable Calendar Year Apparatus Microbiology Microbiology 11.0% Based on A002 5 Apparatus Apparatus - Low January List Discount Price of Applicable Calendar Year Apparatus PPE— Fall PPE— Fall 26.1% Based on A010 1 Protection (Safety) Protection (Safety) - January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1693 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus PPE— Fall PPE— Fall 46.0% Based on A010 2 Protection (Safety) Protection (Safety) - January List Medium High Price of Discount Applicable Calendar Year Apparatus PPE— Fall PPE— Fall 23.7% Based on A010 3 Protection (Safety) Protection (Safety) - January List Medium Discount Price of Applicable Calendar Year Apparatus PPE— Fall PPE— Fall 21.0% Based on A010 5 Protection (Safety) Protection (Safety) - January List Low Discount Price of Applicable Calendar Year Apparatus Racks Racks - High 32.3% Based on A003 1 Discount January List Price of Applicable Calendar Year Apparatus Racks Racks - Medium 46.7% Based on A003 2 High Discount January List Price of Applicable Calendar Year Apparatus Racks Racks - Medium 43.3% Based on A003 3 Discount January List Price of Applicable Calendar Year Apparatus Racks Racks - Medium 41.0% Based on A003 4 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 194 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Apparatus Racks Racks - Low 25.1% Based on A003 5 Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - High 12.0% Based on B003 1 Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Medium 2.0% Based on B003 2 High Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Medium 14.5% Based on B003 3 Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Medium 9.0% Based on B003 4 Low Discount January List Price of Applicable Calendar Year Biologicals Antibodies Antibodies - Low 17.0% Based on B003 5 Discount January List Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 23.0% Based on B001 1 Other Other- High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1995 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Biologicals - All Biologicals - All 26.0% Based on B001 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 12.0% Based on B001 3 Other Other- Medium January List Discount Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 13.5% Based on B001 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Biologicals Biologicals - All Biologicals - All 10.0% Based on B001 5 Other Other- Low January List Discount Price of Applicable Calendar Year Biologicals Biologicals - Biologicals - 30.0% Based on B900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Biologicals Biologicals - Biologicals - 25.5% Based on B900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Biologicals Biologicals - Biologicals - 16.0% Based on B900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 1996 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Blood Culture Blood Culture 46.9% Based on B005 3 Systems Systems - Medium January List Discount Price of Applicable Calendar Year Biologicals Blood Culture Blood Culture 51.3% Based on B005 4 Systems Systems - Medium January List Low Discount Price of Applicable Calendar Year Biologicals Blood Culture Blood Culture 21.2% Based on B005 5 Systems Systems - Low January List Discount Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - 21.3% Based on B008 2 Medium High January List Discount Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - 28.0% Based on B008 3 Medium Discount January List Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - 8.0% Based on B008 4 Medium Low January List Discount Price of Applicable Calendar Year Biologicals Bovine Sera Bovine Sera - Low 34.2% Based on B008 5 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 'ffi7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Cell Culture Media Cell Culture Media 12.0% Based on B004 1 and Reagents and Reagents - High January List Discount Price of Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 14.9% Based on B004 2 and Reagents and Reagents - January List Medium High Price of Discount Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 24.4% Based on B004 3 and Reagents and Reagents - January List Medium Discount Price of Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 11.0% Based on B004 4 and Reagents and Reagents - January List Medium Low Price of Discount Applicable Calendar Year Biologicals Cell Culture Media Cell Culture Media 12.0% Based on B004 5 and Reagents and Reagents - Low January List Discount Price of Applicable Calendar Year Biologicals Dehydrated Dehydrated 28.0% Based on B007 1 Microbiology Media Microbiology Media - January List High Discount Price of Applicable Calendar Year Biologicals Dehydrated Dehydrated 26.0% Based on B007 2 Microbiology Media Microbiology Media - January List Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 11198 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Dehydrated Dehydrated 20.7% Based on B007 3 Microbiology Media Microbiology Media - January List Medium Discount Price of Applicable Calendar Year Biologicals Dehydrated Dehydrated 22.8% Based on B007 4 Microbiology Media Microbiology Media - January List Medium Low Price of Discount Applicable Calendar Year Biologicals Dehydrated Dehydrated 13.0% Based on B007 5 Microbiology Media Microbiology Media - January List Low Discount Price of Applicable Calendar Year Biologicals Enzymes Enzymes - High 27.8% Based on B012 1 Discount January List Price of Applicable Calendar Year Biologicals Enzymes Enzymes - Medium 13.7% Based on B012 2 High Discount January List Price of Applicable Calendar Year Biologicals Enzymes Enzymes - Medium 22.0% Based on B012 3 Discount January List Price of Applicable Calendar Year Biologicals Enzymes Enzymes - Medium 23.0% Based on B012 4 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 'F99 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Enzymes Enzymes - Low 7.5% Based on B012 5 Discount January List Price of Applicable Calendar Year Biologicals Microbiology Microbiology Quality 23.0% Based on B011 1 Quality Control Control Supplies - January List Supplies High Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology Quality 26.0% Based on B011 2 Quality Control Control Supplies - January List Supplies Medium High Price of Discount Applicable Calendar Year Biologicals Microbiology Microbiology Quality 19.0% Based on B011 3 Quality Control Control Supplies - January List Supplies Medium Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology Quality 18.0% Based on B011 4 Quality Control Control Supplies - January List Supplies Medium Low Price of Discount Applicable Calendar Year Biologicals Microbiology Microbiology Quality 3.0% Based on B011 5 Quality Control Control Supplies - January List Supplies Low Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 28.0% Based on B009 1 Supplies Supplies - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page �b0 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Microbiology Microbiology 23.0% Based on B009 2 Supplies Supplies - Medium January List High Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 28.0% Based on B009 3 Supplies Supplies - Medium January List Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 23.0% Based on B009 4 Supplies Supplies - Medium January List Low Discount Price of Applicable Calendar Year Biologicals Microbiology Microbiology 24.0% Based on B009 5 Supplies Supplies - Low January List Discount Price of Applicable Calendar Year Biologicals Nucleic Acids and Nucleic Acids and 8.6% Based on B014 2 Components Components - January List Medium High Price of Discount Applicable Calendar Year Biologicals Nucleic Acids and Nucleic Acids and 16.5% Based on B014 3 Components Components - January List Medium Discount Price of Applicable Calendar Year Biologicals Nucleic Acids and Nucleic Acids and 20.0% Based on B014 4 Components Components - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page �01 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Nucleic Acids and Nucleic Acids and 12.7% Based on B014 5 Components Components - Low January List Discount Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - High 13.1% Based on B006 1 Discount January List Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - 21.9% Based on B006 2 Medium High January List Discount Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - 13.0% Based on B006 3 Medium Discount January List Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - 14.0% Based on B006 4 Medium Low January List Discount Price of Applicable Calendar Year Biologicals PCR Supplies PCR Supplies - Low 12.0% Based on B006 5 Discount January List Price of Applicable Calendar Year Biologicals Prepared Prepared 23.9% Based on B013 1 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of High Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page �b2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Prepared Prepared 25.2% Based on B013 3 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of Medium Discount Applicable Calendar Year Biologicals Prepared Prepared 24.0% Based on B013 4 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of Medium Low Applicable Discount Calendar Year Biologicals Prepared Prepared 19.0% Based on B013 5 Microbiology Media Microbiology Media January List [Bottles and Slides] [Bottles and Slides] - Price of Low Discount Applicable Calendar Year Biologicals Prepared Prepared 31.7% Based on B002 1 Microbiology Media Microbiology Media January List [Plates] [Plates] - High Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 48.0% Based on B002 2 Microbiology Media Microbiology Media January List [Plates] [Plates] - Medium Price of High Discount Applicable Calendar Year Biologicals Prepared Prepared 32.4% Based on B002 3 Microbiology Media Microbiology Media January List [Plates] [Plates] - Medium Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 33.7% Based on B002 4 Microbiology Media Microbiology Media January List [Plates] [Plates] - Medium Price of Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Prepared Prepared 21.0% Based on B002 5 Microbiology Media Microbiology Media January List [Plates] [Plates] - Low Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 32.8% Based on B010 1 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - High Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 22.0% Based on B010 2 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Medium Price of High Discount Applicable Calendar Year Biologicals Prepared Prepared 5.0% Based on B010 3 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Medium Price of Discount Applicable Calendar Year Biologicals Prepared Prepared 45.0% Based on B010 4 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Medium Price of Low Discount Applicable Calendar Year Biologicals Prepared Prepared 17.0% Based on B010 5 Microbiology Media Microbiology Media January List [Tubes] [Tubes] - Low Price of Discount Applicable Calendar Year Biologicals Proteins Proteins - Medium 21.9% Based on B015 2 High Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y04 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Biologicals Proteins Proteins - Medium 10.5% Based on B015 3 Discount January List Price of Applicable Calendar Year Biologicals Proteins Proteins - Medium 39.0% Based on B015 4 Low Discount January List Price of Applicable Calendar Year Biologicals Proteins Proteins - Low 14.0% Based on B015 5 Discount January List Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic- 57.4% Based on H004 1 High Discount January List Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic- 67.9% Based on H004 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic- 68.6% Based on H004 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Acids - Inorganic Acids - Inorganic- 40.8% Based on H004 4 Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n5 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Acids - Inorganic Acids - Inorganic- 59.8% Based on H004 5 Low Discount January List Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic- 58.2% Based on H018 1 High Discount January List Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic- 71.4% Based on H018 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic- 29.5% Based on H018 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic- 62.6% Based on H018 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Acids - Organic Acids - Organic- 40.3% Based on H018 5 Low Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - High 43.6% Based on H006 1 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page �b6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Buffers Buffers - Medium 35.8% Based on H006 2 High Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - Medium 54.0% Based on H006 3 Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - Medium 52.1% Based on H006 4 Low Discount January List Price of Applicable Calendar Year Chemicals Buffers Buffers - Low 30.6% Based on H006 5 Discount January List Price of Applicable Calendar Year Chemicals Caustics Caustics - Medium 65.8% Based on H015 2 High Discount January List Price of Applicable Calendar Year Chemicals Caustics Caustics - Medium 66.1% Based on H015 3 Discount January List Price of Applicable Calendar Year Chemicals Caustics Caustics - Medium 40.4% Based on H015 4 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Caustics Caustics - Low 67.2% Based on H015 5 Discount January List Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 28.5% Based on H001 1 Other Other- High January List Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 52.1% Based on H001 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 68.1% Based on H001 3 Other Other- Medium January List Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 36.3% Based on H001 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Chemicals Chemicals - All Chemicals - All 24.6% Based on H001 5 Other Other- Low January List Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 27.1% Based on H900 1 Education Education - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�08 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Chemicals - Chemicals - 13.6% Based on H900 2 Education Education - Medium January List High Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 29.8% Based on H900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 28.6% Based on H900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Chemicals Chemicals - Chemicals - 29.8% Based on H900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 57.2% Based on H010 1 - High Discount January List Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 54.0% Based on H010 2 - Medium High January List Discount Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 55.1% Based on H010 3 - Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�69 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Histology Reagents Histology Reagents 64.3% Based on H010 4 - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Histology Reagents Histology Reagents 64.4% Based on H010 5 - Low Discount January List Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other- 26.2% Based on H005 1 High Discount January List Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other- 68.4% Based on H005 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other- 70.7% Based on H005 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other- 66.7% Based on H005 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Inorganics - Other Inorganics - Other- 36.4% Based on H005 5 Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�?10 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Inorganics - Sodium Inorganics - Sodium 57.6% Based on H011 1 Compounds Compounds January List [Inorganics] [Inorganics] - High Price of Discount Applicable Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 72.5% Based on H011 2 Compounds Compounds January List [Inorganics] [Inorganics] - Price of Medium High Applicable Discount Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 68.8% Based on H011 3 Compounds Compounds January List [Inorganics] [Inorganics] - Price of Medium Discount Applicable Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 30.0% Based on H011 4 Compounds Compounds January List [Inorganics] [Inorganics] - Price of Medium Low Applicable Discount Calendar Year Chemicals Inorganics - Sodium Inorganics - Sodium 27.2% Based on H011 5 Compounds Compounds January List [Inorganics] [Inorganics] - Low Price of Discount Applicable Calendar Year Chemicals Organics Organics - High 32.9% Based on H002 1 Discount January List Price of Applicable Calendar Year Chemicals Organics Organics - Medium 70.4% Based on H002 2 High Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page:�11 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Organics Organics - Medium 62.8% Based on H002 3 Discount January List Price of Applicable Calendar Year Chemicals Organics Organics - Medium 27.7% Based on H002 4 Low Discount January List Price of Applicable Calendar Year Chemicals Organics Organics - Low 17.0% Based on H002 5 Discount January List Price of Applicable Calendar Year Chemicals Solutions for Solutions for 53.1% Based on H012 1 Chemical Testing Chemical Testing - January List High Discount Price of Applicable Calendar Year Chemicals Solutions for Solutions for 66.1% Based on H012 2 Chemical Testing Chemical Testing - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solutions for Solutions for 41.8% Based on H012 3 Chemical Testing Chemical Testing - January List Medium Discount Price of Applicable Calendar Year Chemicals Solutions for Solutions for 62.1% Based on H012 4 Chemical Testing Chemical Testing - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page:�12 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solutions for Solutions for 58.5% Based on H012 5 Chemical Testing Chemical Testing - January List Low Discount Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 46.2% Based on H016 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 81.5% Based on H016 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 72.1% Based on H016 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Acetone Solvents - Acetone - 69.7% Based on H016 5 Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Solvents - 62.4% Based on H007 2 Acetonitrile Acetonitrile - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 28.0% Based on H007 3 Acetonitrile Acetonitrile - January List Medium Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page:�13 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Solvents - 68.9% Based on H007 4 Acetonitrile Acetonitrile - January List Medium Low Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 70.3% Based on H007 5 Acetonitrile Acetonitrile - Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 47.0% Based on H009 1 High Discount January List Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 48.3% Based on H009 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 73.0% Based on H009 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Ethanol Solvents - Ethanol - 72.2% Based on H009 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Hexanes Solvents - Hexanes 73.2% Based on H020 2 - Medium High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page:Y14 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Hexanes Solvents - Hexanes 77.7% Based on H020 3 - Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Hexanes Solvents - Hexanes 78.8% Based on H020 4 - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Hexanes Solvents - Hexanes 26.7% Based on H020 5 - Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Solvents - 66.8% Based on H014 2 Isopropanol [IPA] Isopropanol [IPA] - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 77.3% Based on H014 3 Isopropanol [IPA] Isopropanol [IPA] - January List Medium Discount Price of Applicable Calendar Year Chemicals Solvents - Solvents - 33.1% Based on H014 4 Isopropanol [IPA] Isopropanol [IPA] - January List Medium Low Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 63.5% Based on H014 5 Isopropanol [IPA] Isopropanol [IPA] - January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Pag015 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Methanol Solvents - Methanol 67.6% Based on H008 2 - Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Methanol Solvents - Methanol 76.0% Based on H008 3 - Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Methanol Solvents - Methanol 38.4% Based on H008 4 - Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Methanol Solvents - Methanol 68.4% Based on H008 5 - Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Solvents - 29.1% Based on H019 2 Methylene Chloride Methylene Chloride - January List Medium High Price of Discount Applicable Calendar Year Chemicals Solvents - Solvents - 74.1% Based on H019 3 Methylene Chloride Methylene Chloride - January List Medium Discount Price of Applicable Calendar Year Chemicals Solvents - Solvents - 76.7% Based on H019 4 Methylene Chloride Methylene Chloride - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�?16 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Solvents - 68.4% Based on H019 5 Methylene Chloride Methylene Chloride - January List Low Discount Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other- 33.4% Based on H003 1 High Discount January List Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other- 76.5% Based on H003 2 Medium High January List Discount Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other- 69.2% Based on H003 3 Medium Discount January List Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other- 74.3% Based on H003 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Other Solvents - Other- 62.1% Based on H003 5 Low Discount January List Price of Applicable Calendar Year Chemicals Solvents - Xylenes Solvents - Xylenes - 70.1% Based on H021 3 Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�F17 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Solvents - Xylenes Solvents - Xylenes - 52.9% Based on H021 4 Medium Low January List Discount Price of Applicable Calendar Year Chemicals Solvents - Xylenes Solvents - Xylenes - 74.7% Based on H021 5 Low Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - High 47.9% Based on H013 1 Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Medium 44.3% Based on H013 2 High Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Medium 65.0% Based on H013 3 Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Medium 48.8% Based on H013 4 Low Discount January List Price of Applicable Calendar Year Chemicals Standards Standards - Low 23.0% Based on H013 5 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�18 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Chemicals Water Water- High 62.8% Based on H017 1 Discount January List Price of Applicable Calendar Year Chemicals Water Water- Medium 25.2% Based on H017 2 High Discount January List Price of Applicable Calendar Year Chemicals Water Water- Medium 69.3% Based on H017 3 Discount January List Price of Applicable Calendar Year Chemicals Water Water- Medium Low 70.3% Based on H017 4 Discount January List Price of Applicable Calendar Year Chemicals Water Water- Low 58.7% Based on H017 5 Discount January List Price of Applicable Calendar Year Consumabl Autoradiography Autoradiography 19.0% Based on C070 3 es Supplies Supplies - Medium January List Discount Price of Applicable Calendar Year Consumabl Autoradiography Autoradiography 46.2% Based on C070 4 es Supplies Supplies - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y19 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Autoradiography Autoradiography 21.8% Based on C070 5 es Supplies Supplies - Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 56.2% Based on C051 2 es Bags Bags - Medium High January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 67.2% Based on C051 3 es Bags Bags - Medium January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 62.5% Based on C051 4 es Bags Bags - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Autoclaving Bags - Autoclaving 56.4% Based on C051 5 es Bags Bags - Low Discount January List Price of Applicable Calendar Year Consumabl Bags - Other Bags - Other- 29.3% Based on C074 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Bags - Other Bags - Other- 47.6% Based on C074 3 es Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�LO of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bags - Other Bags - Other- 54.4% Based on C074 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Other Bags - Other- Low 40.6% Based on C074 5 es Discount January List Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 45.2% Based on C041 1 es Bags - High Discount January List Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 39.2% Based on C041 2 es Bags - Medium High January List Discount Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 51.3% Based on C041 3 es Bags - Medium Discount January List Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 43.7% Based on C041 4 es Bags - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bags - Sample Bags - Sample Bags 41.7% Based on C041 5 es Bags - Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�'21 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Beakers - Glass Beakers - Glass - 42.6% Based on C079 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Beakers - Glass Beakers - Glass - 43.6% Based on C079 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 49.5% Based on C076 2 es and Other and Other- Medium January List High Discount Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 58.4% Based on C076 3 es and Other and Other- Medium January List Discount Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 55.6% Based on C076 4 es and Other and Other- Medium January List Low Discount Price of Applicable Calendar Year Consumabl Beakers - Plastic Beakers - Plastic 42.6% Based on C076 5 es and Other and Other- Low January List Discount Price of Applicable Calendar Year Consumabl Bench Protectors Bench Protectors - 47.6% Based on C072 3 es Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�L2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bench Protectors Bench Protectors - 44.0% Based on C072 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bench Protectors Bench Protectors - 40.8% Based on C072 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 59.6% Based on C046 2 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of High Discount Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 63.7% Based on C046 3 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Discount Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 62.7% Based on C046 4 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Low Discount Applicable Calendar Year Consumabl Bottles - Glass Bottles - Glass 46.6% Based on C046 5 es Bottles [General Bottles [General January List Purpose] Purpose] - Low Price of Discount Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 42.8% Based on C033 1 es Bottles Bottles - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�L3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bottles - Media Bottles - Media 49.5% Based on C033 2 es Bottles Bottles - Medium January List High Discount Price of Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 46.0% Based on C033 3 es Bottles Bottles - Medium January List Discount Price of Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 37.2% Based on C033 4 es Bottles Bottles - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Bottles - Media Bottles - Media 42.9% Based on C033 5 es Bottles Bottles - Low January List Discount Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other- 44.2% Based on C013 1 es High Discount January List Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other- 62.0% Based on C013 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other- 38.9% Based on C013 3 es Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y24 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bottles - Other Bottles - Other- 41.5% Based on C013 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Bottles - Other Bottles - Other- Low 37.4% Based on C013 5 es Discount January List Price of Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 41.6% Based on C014 1 es Bottles [General Bottles [General January List Purpose] Purpose] - High Price of Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 50.3% Based on C014 2 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of High Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 51.2% Based on C014 3 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 43.5% Based on C014 4 es Bottles [General Bottles [General January List Purpose] Purpose] - Medium Price of Low Discount Applicable Calendar Year Consumabl Bottles - Plastic Bottles - Plastic 38.8% Based on C014 5 es Bottles [General Bottles [General January List Purpose] Purpose] - Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�'25 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Bottles - Wash Bottles - Wash 52.7% Based on C091 2 es Bottles Bottles - Medium January List High Discount Price of Applicable Calendar Year Consumabl Bottles - Wash Bottles - Wash 58.6% Based on C091 3 es Bottles Bottles - Medium January List Discount Price of Applicable Calendar Year Consumabl Bottles - Wash Bottles - Wash 51.7% Based on C091 4 es Bottles Bottles - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Bottles - Wash Bottles - Wash 53.8% Based on C091 5 es Bottles Bottles - Low January List Discount Price of Applicable Calendar Year Consumabl Burets Burets - High 45.7% Based on C087 1 es Discount January List Price of Applicable Calendar Year Consumabl Burets Burets - Medium 48.3% Based on C087 2 es High Discount January List Price of Applicable Calendar Year Consumabl Burets Burets - Medium 67.2% Based on C087 3 es Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�26 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Burets Burets - Medium 46.9% Based on C087 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Burets Burets - Low 43.1% Based on C087 5 es Discount January List Price of Applicable Calendar Year Consumabl Carboys and Carboys and 44.2% Based on C061 2 es Jerricans Jerricans - Medium January List High Discount Price of Applicable Calendar Year Consumabl Carboys and Carboys and 61.2% Based on C061 3 es Jerricans Jerricans - Medium January List Discount Price of Applicable Calendar Year Consumabl Carboys and Carboys and 43.4% Based on C061 4 es Jerricans Jerricans - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Carboys and Carboys and 32.9% Based on C061 5 es Jerricans Jerricans - Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Dishes Cell Culture Dishes - 43.6% Based on C038 4 es Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page h7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Cell Culture Flasks Cell Culture Flasks - 36.8% Based on C009 1 es High Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 44.3% Based on C009 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 41.0% Based on C009 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 23.2% Based on C009 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Flasks Cell Culture Flasks - 37.0% Based on C009 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Cell Culture 32.7% Based on CO24 1 es Microplates Microplates - High January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Cell Culture 43.0% Based on CO24 2 es Microplates Microplates - January List Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page`128 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Cell Culture Cell Culture 22.4% Based on CO24 3 es Microplates Microplates - January List Medium Discount Price of Applicable Calendar Year Consumabl Cell Culture Cell Culture 44.1% Based on CO24 4 es Microplates Microplates - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Cell Culture Cell Culture 31.2% Based on CO24 5 es Microplates Microplates - Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 61.4% Based on C037 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 49.1% Based on C037 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 63.6% Based on C037 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cell Culture Tubes Cell Culture Tubes - 44.2% Based on C037 5 es Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page`Y29 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Cellware [Specialty] Cellware [Specialty] 30.2% Based on C040 1 es - High Discount January List Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 39.1% Based on C040 2 es - Medium High January List Discount Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 25.9% Based on C040 3 es - Medium Discount January List Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 23.3% Based on C040 4 es - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cellware [Specialty] Cellware [Specialty] 18.9% Based on C040 5 es - Low Discount January List Price of Applicable Calendar Year Consumabl Chromatography Chromatography 26.8% Based on C032 1 es Columns Columns - High January List Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 23.0% Based on C032 2 es Columns Columns - Medium January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page nO of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Chromatography Chromatography 15.4% Based on C032 3 es Columns Columns - Medium January List Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 22.5% Based on C032 4 es Columns Columns - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 16.3% Based on C032 5 es Columns Columns - Low January List Discount Price of Applicable Calendar Year Consumabl Chromatography Chromatography 31.4% Based on C039 1 es Columns and Columns and January List Supplies Supplies - High Price of Discount Applicable Calendar Year Consumabl Chromatography Chromatography 32.6% Based on C039 2 es Columns and Columns and January List Supplies Supplies - Medium Price of High Discount Applicable Calendar Year Consumabl Chromatography Chromatography 17.6% Based on C039 3 es Columns and Columns and January List Supplies Supplies - Medium Price of Discount Applicable Calendar Year Consumabl Chromatography Chromatography 20.8% Based on C039 4 es Columns and Columns and January List Supplies Supplies - Medium Price of Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'hl of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Chromatography Chromatography 17.5% Based on C039 5 es Columns and Columns and January List Supplies Supplies - Low Price of Discount Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 44.4% Based on CO26 1 es High Discount January List Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 48.1% Based on CO26 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 34.3% Based on CO26 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 29.6% Based on CO26 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Cleaning Products Cleaning Products - 30.3% Based on CO26 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 49.6% Based on C001 1 es Other Other- High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Consumables - All Consumables - All 54.4% Based on C001 2 es Other Other- Medium January List High Discount Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 30.0% Based on C001 3 es Other Other- Medium January List Discount Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 38.3% Based on C001 4 es Other Other- Medium Low January List Discount Price of Applicable Calendar Year Consumabl Consumables - All Consumables - All 25.0% Based on C001 5 es Other Other- Low January List Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 32.9% Based on C900 1 es Education Education - High January List Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 29.1% Based on C900 2 es Education Education - Medium January List High Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 30.3% Based on C900 3 es Education Education - Medium January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Consumables - Consumables - 25.9% Based on C900 4 es Education Education - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Consumables - Consumables - 27.7% Based on C900 5 es Education Education - Low January List Discount Price of Applicable Calendar Year Consumabl Controlled Controlled 39.1% Based on C016 2 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Medium High Applicable Discount Calendar Year Consumabl Controlled Controlled 78.0% Based on C016 3 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Medium Discount Applicable Calendar Year Consumabl Controlled Controlled 33.9% Based on C016 4 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Medium Low Applicable Discount Calendar Year Consumabl Controlled Controlled 58.9% Based on C016 5 es Environments — Environments — January List Apparel (Safety) Apparel (Safety) - Price of Low Discount Applicable Calendar Year Consumabl Controlled Controlled 37.0% Based on CO21 1 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of High Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page`134 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Controlled Controlled 35.7% Based on CO21 3 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of Medium Discount Applicable Calendar Year Consumabl Controlled Controlled 37.3% Based on CO21 4 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of Medium Low Applicable Discount Calendar Year Consumabl Controlled Controlled 40.4% Based on CO21 5 es Environments — Environments — January List Gloves (Safety) Gloves (Safety) - Price of Low Discount Applicable Calendar Year Consumabl Controlled Controlled 28.0% Based on C049 1 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary &Tape Stationary &Tape Calendar Year (Safety) (Safety) - High Discount Consumabl Controlled Controlled 39.8% Based on C049 2 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary &Tape Stationary &Tape Calendar Year (Safety) (Safety) - Medium High Discount Consumabl Controlled Controlled 26.9% Based on C049 3 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary &Tape Stationary &Tape Calendar Year (Safety) (Safety) - Medium Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n5 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Controlled Controlled 29.1% Based on C049 4 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary &Tape Stationary &Tape Calendar Year (Safety) (Safety) - Medium Low Discount Consumabl Controlled Controlled 36.2% Based on C049 5 es Environments — Environments — January List Housekeeping, Housekeeping, Price of Matting, Packaging, Matting, Packaging, Applicable Stationary &Tape Stationary &Tape Calendar Year (Safety) (Safety) - Low Discount Consumabl Controlled Controlled 35.3% Based on C018 3 es Environments — Environments — January List Wipers & Swabs Wipers & Swabs Price of (Safety) (Safety) - Medium Applicable Discount Calendar Year Consumabl Controlled Controlled 38.0% Based on C018 4 es Environments — Environments — January List Wipers & Swabs Wipers & Swabs Price of (Safety) (Safety) - Medium Applicable Low Discount Calendar Year Consumabl Controlled Controlled 31.7% Based on C018 5 es Environments — Environments — January List Wipers & Swabs Wipers & Swabs Price of (Safety) (Safety) - Low Applicable Discount Calendar Year Consumabl Coverslips Coverslips - Medium 65.3% Based on C065 2 es High Discount January List Price of Applicable Calendar Year Consumabl Coverslips Coverslips - Medium 50.1% Based on C065 3 es Discount January List Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 236 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Applicable Calendar Year Consumabl Coverslips Coverslips - Medium 60.5% Based on C065 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Coverslips Coverslips - Low 43.9% Based on C065 5 es Discount January List Price of Applicable Calendar Year Consumabl Crucibles Crucibles - Medium 37.5% Based on C090 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Crucibles Crucibles - Low 39.5% Based on C090 5 es Discount January List Price of Applicable Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 48.0% Based on C075 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 39.0% Based on C075 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 30.5% Based on C075 4 es Medium Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Cuvets and Cells Cuvets and Cells - 9.7% Based on C075 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Cylinders Cylinders 40.2% Based on C068 1 es [Laboratory] [Laboratory] - High January List Discount Price of Applicable Calendar Year Consumabl Cylinders Cylinders 38.8% Based on C068 2 es [Laboratory] [Laboratory] - January List Medium High Price of Discount Applicable Calendar Year Consumabl Cylinders Cylinders 42.4% Based on C068 3 es [Laboratory] [Laboratory] - January List Medium Discount Price of Applicable Calendar Year Consumabl Cylinders Cylinders 45.7% Based on C068 4 es [Laboratory] [Laboratory] - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Cylinders Cylinders 43.4% Based on C068 5 es [Laboratory] [Laboratory] - Low January List Discount Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other- 64.1% Based on C058 1 es High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page h8 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Dishes - Other Dishes - Other- 68.1% Based on C058 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other- 60.8% Based on C058 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other- 44.7% Based on C058 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Dishes - Other Dishes - Other- Low 31.2% Based on C058 5 es Discount January List Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 37.4% Based on CO29 1 es Dishes Dishes - High January List Discount Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 51.2% Based on CO29 2 es Dishes Dishes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 47.8% Based on CO29 3 es Dishes Dishes - Medium January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page F39 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Dishes - Petri Dishes - Petri 23.5% Based on CO29 4 es Dishes Dishes - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Dishes - Petri Dishes - Petri 28.5% Based on CO29 5 es Dishes Dishes - Low January List Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 32.6% Based on C078 1 es Cassettes Cassettes - High January List Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 45.3% Based on C078 2 es Cassettes Cassettes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 41.4% Based on C078 3 es Cassettes Cassettes - Medium January List Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 32.7% Based on C078 4 es Cassettes Cassettes - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Embedding Embedding 22.0% Based on C078 5 es Cassettes Cassettes - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�?40 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Facility Safety - Facility Safety - First 27.4% Based on C059 1 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - High (Safety) Discount Consumabl Facility Safety - Facility Safety - First 37.1% Based on C059 2 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Medium (Safety) High Discount Consumabl Facility Safety - Facility Safety - First 37.3% Based on C059 3 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Medium (Safety) Discount Consumabl Facility Safety - Facility Safety - First 34.7% Based on C059 4 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Medium (Safety) Low Discount Consumabl Facility Safety - Facility Safety - First 23.7% Based on C059 5 es First Aid, Aid, Identification & January List Identification & Communication, Price of Communication, Spill Control & Applicable Spill Control & Containment Calendar Year Containment (Safety) - Low (Safety) Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N1 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Facility Safety - Facility Safety - 56.2% Based on C008 1 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - High Discount Calendar Year Consumabl Facility Safety - Facility Safety - 50.2% Based on C008 2 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Medium High Calendar Year Discount Consumabl Facility Safety - Facility Safety - 48.0% Based on C008 3 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Medium Calendar Year Discount Consumabl Facility Safety - Facility Safety - 40.6% Based on C008 4 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Medium Low Calendar Year Discount Consumabl Facility Safety - Facility Safety - 38.2% Based on C008 5 es Maintenance & Maintenance & January List Operations - Operations - Price of Consumables(Safet Consumables(Safet Applicable Y) y) - Low Discount Calendar Year Consumabl Film and Foil Film and Foil 55.9% Based on C082 3 es Wrapping Wrapping - Medium January List Discount Price of Applicable Calendar Year Consumabl Film and Foil Film and Foil 32.5% Based on C082 4 es Wrapping Wrapping - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�P42 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Film and Foil Film and Foil 15.8% Based on C082 5 es Wrapping Wrapping - Low January List Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 36.9% Based on C019 1 es Bottletop Filters Bottletop Filters - January List High Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 38.2% Based on C019 2 es Bottletop Filters Bottletop Filters - January List Medium High Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 34.4% Based on C019 3 es Bottletop Filters Bottletop Filters - January List Medium Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 14.8% Based on C019 4 es Bottletop Filters Bottletop Filters - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 5.4% Based on C019 5 es Bottletop Filters Bottletop Filters - January List Low Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 23.4% Based on CO22 1 es Centrifugal Filter Centrifugal Filter January List Devices Devices - High Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Filtration Products - Filtration Products - 29.7% Based on CO22 2 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Medium Price of High Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 33.4% Based on CO22 3 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Medium Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 34.2% Based on CO22 4 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Medium Price of Low Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 7.4% Based on CO22 5 es Centrifugal Filter Centrifugal Filter January List Devices Devices - Low Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 39.0% Based on C054 1 es Filter Units Filter Units - High January List Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 15.0% Based on C054 2 es Filter Units Filter Units - Medium January List High Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 32.2% Based on C054 3 es Filter Units Filter Units - Medium January List Discount Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y44 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 28.1% Based on C054 4 es Filter Units Filter Units - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 37.3% Based on C054 5 es Filter Units Filter Units - Low January List Discount Price of Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 40.9% Based on C003 1 es Other Filtration Other Filtration January List Products Products - High Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 36.0% Based on C003 2 es Other Filtration Other Filtration January List Products Products - Medium Price of High Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 27.6% Based on C003 3 es Other Filtration Other Filtration January List Products Products - Medium Price of Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 13.0% Based on C003 4 es Other Filtration Other Filtration January List Products Products - Medium Price of Low Discount Applicable Calendar Year Consumabl Filtration Products - Filtration Products - 33.4% Based on C003 5 es Other Filtration Other Filtration January List Products Products - Low Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�?45 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Filtration Products - Filtration Products - 43.9% Based on CO20 1 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - High Applicable Discount Calendar Year Consumabl Filtration Products - Filtration Products - 20.9% Based on CO20 2 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Applicable Medium High Calendar Year Discount Consumabl Filtration Products - Filtration Products - 24.7% Based on CO20 3 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Applicable Medium Discount Calendar Year Consumabl Filtration Products - Filtration Products - 26.8% Based on CO20 4 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Applicable Medium Low Calendar Year Discount Consumabl Filtration Products - Filtration Products - 57.2% Based on CO20 5 es Syringe and Syringe and January List Syringeless Filters Syringeless Filters Price of [Nonsterile] [Nonsterile] - Low Applicable Discount Calendar Year Consumabl Fire Fighting & Fire Fighting & 25.6% Based on C085 4 es Emergency Emergency January List Response — PPE Response — PPE Price of (Safety) (Safety) - Medium Applicable Low Discount Calendar Year Consumabl Flasks - Other Flasks - Other- 37.5% Based on C053 2 Medium High January List Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes es Discount Price of Applicable Calendar Year Consumabl Flasks - Other Flasks - Other- 40.1% Based on C053 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Flasks - Other Flasks - Other- 33.1% Based on C053 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Flasks - Other Flasks - Other- Low 46.9% Based on C053 5 es Discount January List Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric- 43.9% Based on C056 1 es High Discount January List Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric- 45.2% Based on C056 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric- 35.1% Based on C056 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric- 42.8% Based on C056 4 es Medium Low January List Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Applicable Calendar Year Consumabl Flasks - Volumetric Flasks - Volumetric- 48.2% Based on C056 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Medium 59.0% Based on C073 2 es High Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Medium 43.2% Based on C073 3 es Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Medium 30.4% Based on C073 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Funnels Funnels - Low 57.0% Based on C073 5 es Discount January List Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 67.8% Based on C080 1 es Blades Blades - High January List Discount Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 33.3% Based on C080 2 es Blades Blades - Medium January List High Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�48 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Knives and Knife Knives and Knife 36.6% Based on C080 3 es Blades Blades - Medium January List Discount Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 29.2% Based on C080 4 es Blades Blades - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Knives and Knife Knives and Knife 22.7% Based on C080 5 es Blades Blades - Low January List Discount Price of Applicable Calendar Year Consumabl Membranes For Membranes For 36.8% Based on C069 1 es Hybridization and Hybridization and January List Transfer Transfer- High Price of Discount Applicable Calendar Year Consumabl Membranes For Membranes For 36.7% Based on C069 2 es Hybridization and Hybridization and January List Transfer Transfer- Medium Price of High Discount Applicable Calendar Year Consumabl Membranes For Membranes For 17.3% Based on C069 3 es Hybridization and Hybridization and January List Transfer Transfer- Medium Price of Discount Applicable Calendar Year Consumabl Membranes For Membranes For 16.4% Based on C069 4 es Hybridization and Hybridization and January List Transfer Transfer- Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y49 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Low Discount Calendar Year Consumabl Membranes For Membranes For 32.0% Based on C069 5 es Hybridization and Hybridization and January List Transfer Transfer- Low Price of Discount Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 36.3% Based on C055 1 es High Discount January List Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 39.3% Based on C055 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 23.5% Based on C055 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 27.4% Based on C055 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Microplate Covers Microplate Covers - 32.9% Based on C055 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 28.9% Based on CO28 1 es Microplates Microplates - High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 6150 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Microplates - Assay Microplates - Assay 36.4% Based on CO28 2 es Microplates Microplates - January List Medium High Price of Discount Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 35.6% Based on CO28 3 es Microplates Microplates - January List Medium Discount Price of Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 31.2% Based on CO28 4 es Microplates Microplates - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Microplates - Assay Microplates - Assay 36.6% Based on CO28 5 es Microplates Microplates - Low January List Discount Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other- 23.3% Based on C015 1 es High Discount January List Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other- 34.7% Based on C015 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other- 30.4% Based on C015 3 es Medium Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y51 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Microplates - Other Microplates - Other- 11.3% Based on C015 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Microplates - Other Microplates - Other- 59.5% Based on C015 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Microscope Slides Microscope Slides - 43.8% Based on C007 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Microscope Slides Microscope Slides - 24.3% Based on C007 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Microscope Slides Microscope Slides - 52.7% Based on C007 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other- High 47.8% Based on C043 1 es Discount January List Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other- 43.5% Based on C043 2 es Medium High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 61552 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Pipets - Other Pipets - Other- 34.3% Based on C043 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other- 32.0% Based on C043 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Pipets - Other Pipets - Other- Low 58.0% Based on C043 5 es Discount January List Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 65.0% Based on C005 1 es Pipets Pipets - High January List Discount Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 42.5% Based on C005 2 es Pipets Pipets - Medium January List High Discount Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 35.0% Based on C005 3 es Pipets Pipets - Medium January List Discount Price of Applicable Calendar Year Consumabl Pipets - Serological Pipets - Serological 44.0% Based on C005 4 es Pipets Pipets - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page X53 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Pipets - Serological Pipets - Serological 66.1% Based on C005 5 es Pipets Pipets - Low January List Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 66.6% Based on C034 2 es Pipets Pipets - Medium January List High Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 66.1% Based on C034 3 es Pipets Pipets - Medium January List Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 57.6% Based on C034 4 es Pipets Pipets - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Pipets - Transfer Pipets - Transfer 43.9% Based on C034 5 es Pipets Pipets - Low January List Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 41.9% Based on CO25 2 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Medium High Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 37.8% Based on CO25 3 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y54 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 5.1% Based on CO25 4 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 45.3% Based on CO25 5 es Filtering Pipetter Filtering Pipetter January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 29.7% Based on C083 1 es Other - High Discount January List Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 35.9% Based on C083 2 es Other - Medium High January List Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 35.0% Based on C083 3 es Other - Medium Discount January List Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 30.0% Based on C083 4 es Other - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - Other 35.2% Based on C083 5 es Other - Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page X55 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 27.7% Based on CO23 1 es Pipetter Specific Pipetter Specific January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 34.5% Based on CO23 2 es Pipetter Specific Pipetter Specific January List Tips Tips - Medium High Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 25.0% Based on CO23 3 es Pipetter Specific Pipetter Specific January List Tips Tips - Medium Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 6.0% Based on CO23 4 es Pipetter Specific Pipetter Specific January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 33.9% Based on CO23 5 es Pipetter Specific Pipetter Specific January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 33.1% Based on C092 1 es Repeater Pipetter Repeater Pipetter January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 31.2% Based on C092 3 es Repeater Pipetter Repeater Pipetter January List Tips Tips - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page h6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 22.7% Based on C092 5 es Repeater Pipetter Repeater Pipetter January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 27.0% Based on C081 1 es Robotic Pipetter Robotic Pipetter January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 36.5% Based on C081 3 es Robotic Pipetter Robotic Pipetter January List Tips Tips - Medium Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 11.7% Based on C081 4 es Robotic Pipetter Robotic Pipetter January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 45.0% Based on C011 1 es Universal Pipetter Universal Pipetter January List Tips Tips - High Discount Price of Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 35.2% Based on C011 2 es Universal Pipetter Universal Pipetter January List Tips Tips - Medium High Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 37.0% Based on C011 3 es Universal Pipetter Universal Pipetter January List Tips Tips - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 57 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 26.1% Based on C011 4 es Universal Pipetter Universal Pipetter January List Tips Tips - Medium Low Price of Discount Applicable Calendar Year Consumabl Pipetter Tips - Pipetter Tips - 47.1% Based on C011 5 es Universal Pipetter Universal Pipetter January List Tips Tips - Low Discount Price of Applicable Calendar Year Consumabl PPE—Apparel PPE—Apparel 59.8% Based on C012 1 es (Safety) (Safety) - High January List Discount Price of Applicable Calendar Year Consumabl PPE—Apparel PPE—Apparel 52.6% Based on C012 2 es (Safety) (Safety) - Medium January List High Discount Price of Applicable Calendar Year Consumabl PPE—Apparel PPE—Apparel 42.1% Based on C012 3 es (Safety) (Safety) - Medium January List Discount Price of Applicable Calendar Year Consumabl PPE—Apparel PPE—Apparel 25.7% Based on C012 4 es (Safety) (Safety) - Medium January List Low Discount Price of Applicable Calendar Year Consumabl PPE—Apparel PPE—Apparel 40.8% Based on C012 5 es (Safety) (Safety) - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page X2158 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Consumabl PPE— Eye, Face, PPE— Eye, Face, 37.0% Based on C052 1 es and Hearing and Hearing (Safety) January List (Safety) - High Discount Price of Applicable Calendar Year Consumabl PPE— Eye, Face, PPE— Eye, Face, 39.6% Based on C052 2 es and Hearing and Hearing (Safety) January List (Safety) - Medium High Price of Discount Applicable Calendar Year Consumabl PPE— Eye, Face, PPE— Eye, Face, 42.9% Based on C052 3 es and Hearing and Hearing (Safety) January List (Safety) - Medium Discount Price of Applicable Calendar Year Consumabl PPE— Eye, Face, PPE— Eye, Face, 36.0% Based on C052 4 es and Hearing and Hearing (Safety) January List (Safety) - Medium Low Price of Discount Applicable Calendar Year Consumabl PPE— Eye, Face, PPE— Eye, Face, 36.3% Based on C052 5 es and Hearing and Hearing (Safety) January List (Safety) - Low Discount Price of Applicable Calendar Year Consumabl PPE— Hand PPE— Hand 31.8% Based on C077 4 es Protection — Protection — January List Chemical Resistant Chemical Resistant Price of Gloves (Safety) Gloves (Safety) - Applicable Medium Low Calendar Year Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page-�F59 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl PPE— Hand PPE— Hand 50.0% Based on C077 5 es Protection — Protection — January List Chemical Resistant Chemical Resistant Price of Gloves (Safety) Gloves (Safety) - Applicable Low Discount Calendar Year Consumabl PPE— Hand PPE— Hand 66.3% Based on C002 2 es Protection —Thin- Protection —Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Medium High Applicable Discount Calendar Year Consumabl PPE— Hand PPE— Hand 44.0% Based on C002 3 es Protection —Thin- Protection —Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Medium Discount Applicable Calendar Year Consumabl PPE— Hand PPE— Hand 45.0% Based on C002 4 es Protection —Thin- Protection —Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Medium Low Applicable Discount Calendar Year Consumabl PPE— Hand PPE— Hand 38.4% Based on C002 5 es Protection —Thin- Protection —Thin- January List Wall Gloves Wall Gloves (Safety) Price of (Safety) - Low Discount Applicable Calendar Year Consumabl PPE— Hand PPE— Hand 35.8% Based on C063 2 es Protection —Work & Protection —Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Medium Applicable High Discount Calendar Year Consumabl PPE— Hand PPE— Hand 38.7% Based on C063 3 es Protection —Work & Protection —Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Medium Applicable Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b0 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl PPE— Hand PPE— Hand 38.2% Based on C063 4 es Protection —Work & Protection —Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Medium Applicable Low Discount Calendar Year Consumabl PPE— Hand PPE— Hand 40.7% Based on C063 5 es Protection —Work & Protection —Work & January List Specialty Gloves Specialty Gloves Price of (Safety) (Safety) - Low Applicable Discount Calendar Year Consumabl PPE— Head PPE— Head 41.3% Based on C093 3 es Protection (Safety) Protection (Safety) - January List Medium Discount Price of Applicable Calendar Year Consumabl PPE— Head PPE— Head 40.1% Based on C093 4 es Protection (Safety) Protection (Safety) - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Reservoirs and Reservoirs and 47.3% Based on C064 2 es Reservoir Liners Reservoir Liners - January List Medium High Price of Discount Applicable Calendar Year Consumabl Reservoirs and Reservoirs and 28.0% Based on C064 3 es Reservoir Liners Reservoir Liners - January List Medium Discount Price of Applicable Calendar Year Consumabl Reservoirs and Reservoirs and 20.1% Based on C064 4 es Reservoir Liners Reservoir Liners - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page-Al of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Reservoirs and Reservoirs and 33.1% Based on C064 5 es Reservoir Liners Reservoir Liners - January List Low Discount Price of Applicable Calendar Year Consumabl Samplers Samplers - High 36.8% Based on C088 1 es Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Medium 41.8% Based on C088 2 es High Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Medium 30.3% Based on C088 3 es Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Medium 32.1% Based on C088 4 es Low Discount January List Price of Applicable Calendar Year Consumabl Samplers Samplers - Low 50.2% Based on C088 5 es Discount January List Price of Applicable Calendar Year Consumabl Spatulas [General Spatulas [General 43.5% Based on C089 2 es Purpose] Purpose] - Medium January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�62 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Spatulas [General Spatulas [General 49.1% Based on C089 3 es Purpose] Purpose] - Medium January List Discount Price of Applicable Calendar Year Consumabl Spatulas [General Spatulas [General 34.6% Based on C089 4 es Purpose] Purpose] - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Spatulas [General Spatulas [General 43.9% Based on C089 5 es Purpose] Purpose] - Low January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 44.4% Based on C047 1 es Collection - Blood - Blood Specimen January List Specimen Collection - High Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 30.5% Based on C047 2 es Collection - Blood - Blood Specimen January List Specimen Collection - Medium Price of Collection High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 29.2% Based on C047 3 es Collection - Blood - Blood Specimen January List Specimen Collection - Medium Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 27.5% Based on C047 4 es Collection - Blood - Blood Specimen January List Specimen Collection - Medium Price of Collection Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page-�k of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 36.5% Based on C047 5 es Collection - Blood - Blood Specimen January List Specimen Collection - Low Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 33.8% Based on C006 1 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - High Price of Tubes Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 37.3% Based on C006 2 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - Medium Price of Tubes High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 36.5% Based on C006 3 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - Medium Price of Tubes Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 31.2% Based on C006 4 es Collection - - Evacuated Blood January List Evacuated Blood Tubes - Medium Price of Tubes Low Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 24.3% Based on C042 1 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 40.7% Based on C042 2 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Medium High Applicable Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y64 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 16.4% Based on C042 3 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Medium Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 28.5% Based on C042 4 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Medium Low Applicable Discount Calendar Year Consumabl Specimen Specimen Collection 45.0% Based on C042 5 es Collection - - Microbiology and January List Microbiology and Transport Systems - Price of Transport Systems Low Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 46.1% Based on C067 1 es Collection - Other - Other- High January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 32.6% Based on C067 3 es Collection - Other - Other- Medium January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 29.0% Based on C067 4 es Collection - Other - Other- Medium January List Low Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 29.0% Based on C067 5 es Collection - Other - Other- Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page A5 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 37.3% Based on C060 3 es Collection - Tube - Tube Needles - January List Needles Medium Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 25.2% Based on C060 4 es Collection - Tube - Tube Needles - January List Needles Medium Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 42.3% Based on C060 5 es Collection - Tube - Tube Needles - January List Needles Low Discount Price of Applicable Calendar Year Consumabl Specimen Specimen Collection 33.4% Based on C048 1 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - High Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 36.2% Based on C048 2 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Medium Price of High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 32.9% Based on C048 3 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Medium Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 32.9% Based on C048 4 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Medium Price of Low Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�%6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 59.8% Based on C048 5 es Collection - Tubes - Tubes for Blood January List for Blood Collection Collection - Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 64.1% Based on C045 1 es Collection - Urine - Urine Specimen January List Specimen Collection - High Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 41.1% Based on C045 2 es Collection - Urine - Urine Specimen January List Specimen Collection - Medium Price of Collection High Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 36.9% Based on C045 3 es Collection - Urine - Urine Specimen January List Specimen Collection - Medium Price of Collection Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 32.1% Based on C045 4 es Collection - Urine - Urine Specimen January List Specimen Collection - Medium Price of Collection Low Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 33.0% Based on CO27 2 es Collection - Winged - Winged Collection January List Collection Set Set - Medium High Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 37.4% Based on CO27 3 es Collection - Winged - Winged Collection January List Collection Set Set - Medium Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Specimen Specimen Collection 31.8% Based on CO27 4 es Collection - Winged - Winged Collection January List Collection Set Set - Medium Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen Collection 47.4% Based on CO27 5 es Collection - Winged - Winged Collection January List Collection Set Set - Low Discount Price of Applicable Calendar Year Consumabl Specimen Specimen 53.2% Based on C017 1 es Containers Containers - High January List Discount Price of Applicable Calendar Year Consumabl Specimen Specimen 54.8% Based on C017 2 es Containers Containers - January List Medium High Price of Discount Applicable Calendar Year Consumabl Specimen Specimen 45.9% Based on C017 3 es Containers Containers - January List Medium Discount Price of Applicable Calendar Year Consumabl Specimen Specimen 26.7% Based on C017 4 es Containers Containers - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Specimen Specimen 57.9% Based on C017 5 es Containers Containers - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 168 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Stirring Bars and Stirring Bars and 60.4% Based on C084 3 es Rods Rods - Medium January List Discount Price of Applicable Calendar Year Consumabl Stirring Bars and Stirring Bars and 51.5% Based on C084 4 es Rods Rods - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Stirring Bars and Stirring Bars and 44.2% Based on C084 5 es Rods Rods - Low Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - High 44.2% Based on C086 1 es Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - Medium 49.8% Based on C086 2 es High Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - Medium 45.3% Based on C086 3 es Discount January List Price of Applicable Calendar Year Consumabl Stoppers Stoppers - Medium 30.8% Based on C086 4 es Low Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page F69 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Stoppers Stoppers - Low 31.8% Based on C086 5 es Discount January List Price of Applicable Calendar Year Consumabl Syringes - General Syringes - General 29.5% Based on C036 2 es Purpose Syringes Purpose Syringes - January List Medium High Price of Discount Applicable Calendar Year Consumabl Syringes - General Syringes - General 29.8% Based on C036 3 es Purpose Syringes Purpose Syringes - January List Medium Discount Price of Applicable Calendar Year Consumabl Syringes - General Syringes - General 29.6% Based on C036 4 es Purpose Syringes Purpose Syringes - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Syringes - General Syringes - General 34.3% Based on C036 5 es Purpose Syringes Purpose Syringes - January List Low Discount Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other- 35.0% Based on C050 1 es High Discount January List Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other- 36.2% Based on C050 2 es Medium High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page$270 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Syringes - Other Syringes - Other- 26.2% Based on C050 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other- 25.0% Based on C050 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Syringes - Other Syringes - Other- 50.9% Based on C050 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 52.3% Based on C010 1 es Tubes Tubes - High January List Discount Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 42.1% Based on C010 2 es Tubes Tubes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 44.1% Based on C010 3 es Tubes Tubes - Medium January List Discount Price of Applicable Calendar Year Consumabl Tubes - Centrifuge Tubes - Centrifuge 37.2% Based on C010 4 es Tubes Tubes - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'T1 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Centrifuge Tubes - Centrifuge 58.2% Based on C010 5 es Tubes Tubes - Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 40.9% Based on C035 2 es Medium High January List Discount Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 34.3% Based on C035 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 9.2% Based on C035 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Microtubes Tubes - Microtubes - 25.0% Based on C035 5 es Low Discount January List Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other- High 26.5% Based on C066 1 es Discount January List Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other- 35.0% Based on C066 2 es Medium High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'Z72 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Other Tubes - Other- 33.0% Based on C066 3 es Medium Discount January List Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other- 15.3% Based on C066 4 es Medium Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Other Tubes - Other- Low 36.7% Based on C066 5 es Discount January List Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 35.6% Based on C031 2 es Tubes Tubes - Medium January List High Discount Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 37.1% Based on C031 3 es Tubes Tubes - Medium January List Discount Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 31.8% Based on C031 4 es Tubes Tubes - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Tubes - Storage Tubes - Storage 52.8% Based on C031 5 es Tubes Tubes - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'T3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Test Tubes Tubes - Test Tubes 58.1% Based on C030 1 es - High Discount January List Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 47.9% Based on C030 2 es - Medium High January List Discount Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 43.5% Based on C030 3 es - Medium Discount January List Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 34.4% Based on C030 4 es - Medium Low January List Discount Price of Applicable Calendar Year Consumabl Tubes - Test Tubes Tubes - Test Tubes 57.7% Based on C030 5 es - Low Discount January List Price of Applicable Calendar Year Consumabl Tubes - Tube Tubes - Tube 58.3% Based on C062 3 es Closures Closures - Medium January List Discount Price of Applicable Calendar Year Consumabl Tubes - Tube Tubes - Tube 38.1% Based on C062 4 es Closures Closures - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page$Z'74 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Tubes - Tube Tubes - Tube 41.6% Based on C062 5 es Closures Closures - Low January List Discount Price of Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 42.3% Based on C044 1 es Connectors Connectors - High January List Discount Price of Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 49.9% Based on C044 2 es Connectors Connectors - January List Medium High Price of Discount Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 49.2% Based on C044 3 es Connectors Connectors - January List Medium Discount Price of Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 39.4% Based on C044 4 es Connectors Connectors - January List Medium Low Price of Discount Applicable Calendar Year Consumabl Tubing and Tubing Tubing and Tubing 39.5% Based on C044 5 es Connectors Connectors - Low January List Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 31.7% Based on C004 1 es Inserts Inserts - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'�75 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Vials and Vial Vials and Vial 38.9% Based on C004 2 es Inserts Inserts - Medium January List High Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 26.7% Based on C004 3 es Inserts Inserts - Medium January List Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 20.0% Based on C004 4 es Inserts Inserts - Medium January List Low Discount Price of Applicable Calendar Year Consumabl Vials and Vial Vials and Vial 42.9% Based on C004 5 es Inserts Inserts - Low January List Discount Price of Applicable Calendar Year Consumabl Waste Disposal Waste Disposal 47.5% Based on C071 1 es Containers Containers - High January List Discount Price of Applicable Calendar Year Consumabl Waste Disposal Waste Disposal 35.7% Based on C071 3 es Containers Containers - January List Medium Discount Price of Applicable Calendar Year Consumabl Waste Disposal Waste Disposal 30.7% Based on C071 4 es Containers Containers - January List Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'T6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Consumabl Waste Disposal Waste Disposal 31.3% Based on C071 5 es Containers Containers - Low January List Discount Price of Applicable Calendar Year Consumabl Water and Water and 38.3% Based on C057 1 es Wastewater Testing Wastewater Testing January List Supplies Supplies - High Price of Discount Applicable Calendar Year Consumabl Water and Water and 33.3% Based on C057 2 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Medium Price of High Discount Applicable Calendar Year Consumabl Water and Water and 27.9% Based on C057 3 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Medium Price of Discount Applicable Calendar Year Consumabl Water and Water and 18.6% Based on C057 4 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Medium Price of Low Discount Applicable Calendar Year Consumabl Water and Water and 16.7% Based on C057 5 es Wastewater Testing Wastewater Testing January List Supplies Supplies - Low Price of Discount Applicable Calendar Year Diagnostics Antibody Production Antibody Production 13.4% Based on D022 2 and Purification and Purification - January List Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page?77 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Antibody Production Antibody Production 11.8% Based on D022 3 and Purification and Purification - January List Medium Discount Price of Applicable Calendar Year Diagnostics Antibody Production Antibody Production 10.7% Based on D022 4 and Purification and Purification - January List Medium Low Price of Discount Applicable Calendar Year Diagnostics Antibody Production Antibody Production 22.9% Based on D022 5 and Purification and Purification - January List Low Discount Price of Applicable Calendar Year Diagnostics Clinical Controls Clinical Controls 32.4% Based on D003 2 Calibrators and Calibrators and January List Standards Standards - Medium Price of High Discount Applicable Calendar Year Diagnostics Clinical Controls Clinical Controls 13.3% Based on D003 3 Calibrators and Calibrators and January List Standards Standards - Medium Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 33.2% Based on D013 1 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - High Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 22.2% Based on D013 2 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Medium Applicable High Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page L 8 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Clinical Diagnostic Clinical Diagnostic 32.7% Based on D013 3 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Medium Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 21.9% Based on D013 4 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Medium Applicable Low Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 21.9% Based on D013 5 Kits and Reagents - Kits and Reagents - January List General Chemistry General Chemistry Price of Testing Testing - Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 12.1% Based on D005 2 Kits and Reagents - Kits and Reagents - January List Influenza Testing Influenza Testing - Price of Medium High Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 26.2% Based on D002 1 Kits and Reagents - Kits and Reagents - January List Other Other- High Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 38.5% Based on D002 2 Kits and Reagents - Kits and Reagents - January List Other Other- Medium Price of High Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 23.6% Based on D002 3 Kits and Reagents - Kits and Reagents - January List Other Other- Medium Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page?F79 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Clinical Diagnostic Clinical Diagnostic 37.6% Based on D002 4 Kits and Reagents - Kits and Reagents - January List Other Other- Medium Low Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 32.9% Based on D002 5 Kits and Reagents - Kits and Reagents - January List Other Other- Low Price of Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 39.1% Based on D007 3 Kits and Reagents - Kits and Reagents - January List Pregnancy [hCG] Pregnancy [hCG] Price of Tests Tests - Medium Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 15.7% Based on D007 4 Kits and Reagents - Kits and Reagents - January List Pregnancy [hCG] Pregnancy [hCG] Price of Tests Tests - Medium Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 22.7% Based on D007 5 Kits and Reagents - Kits and Reagents - January List Pregnancy [hCG] Pregnancy [hCG] Price of Tests Tests - Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 15.9% Based on D008 3 Kits and Reagents - Kits and Reagents - January List Streptococcus Streptococcus Price of Testing Testing - Medium Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 24.5% Based on D008 4 Kits and Reagents - Kits and Reagents - January List Streptococcus Streptococcus Price of Testing Testing - Medium Applicable Low Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�0 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Clinical Diagnostic Clinical Diagnostic 28.7% Based on D008 5 Kits and Reagents - Kits and Reagents - January List Streptococcus Streptococcus Price of Testing Testing - Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 23.0% Based on D017 1 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of High Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 24.3% Based on D017 3 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of Medium Discount Applicable Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 15.1% Based on D017 4 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of Medium Low Applicable Discount Calendar Year Diagnostics Clinical Diagnostic Clinical Diagnostic 9.9% Based on D017 5 Kits and Reagents - Kits and Reagents - January List Urinalysis Testing Urinalysis Testing - Price of Low Discount Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 15.4% Based on D001 1 Other Other- High January List Discount Price of Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 19.6% Based on D001 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N1 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Diagnostics - All Diagnostics - All 12.2% Based on D001 3 Other Other- Medium January List Discount Price of Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 12.5% Based on D001 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Diagnostics Diagnostics - All Diagnostics - All 18.6% Based on D001 5 Other Other- Low January List Discount Price of Applicable Calendar Year Diagnostics Dialysis Desalting Dialysis Desalting 12.3% Based on D018 2 and Buffer and Buffer January List Exchange Exchange - Medium Price of High Discount Applicable Calendar Year Diagnostics Dialysis Desalting Dialysis Desalting 14.0% Based on D018 4 and Buffer and Buffer January List Exchange Exchange - Medium Price of Low Discount Applicable Calendar Year Diagnostics Dialysis Desalting Dialysis Desalting 22.2% Based on D018 5 and Buffer and Buffer January List Exchange Exchange - Low Price of Discount Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 18.5% Based on D011 1 Reagents Reagents - High January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page n2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Electrophoresis Electrophoresis 16.9% Based on D011 2 Reagents Reagents - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 15.4% Based on D011 3 Reagents Reagents - Medium January List Discount Price of Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 22.6% Based on D011 4 Reagents Reagents - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Electrophoresis Electrophoresis 23.1% Based on D011 5 Reagents Reagents - Low January List Discount Price of Applicable Calendar Year Diagnostics Hematology Stains Hematology Stains - 42.9% Based on D020 2 Medium High January List Discount Price of Applicable Calendar Year Diagnostics Hematology Stains Hematology Stains - 26.9% Based on D020 3 Medium Discount January List Price of Applicable Calendar Year Diagnostics Hematology Stains Hematology Stains - 21.8% Based on D020 4 Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Immunoassay Immunoassay 26.1% Based on D014 1 Testing Testing - High January List Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 20.0% Based on D014 2 Testing Testing - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 21.6% Based on D014 3 Testing Testing - Medium January List Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 12.1% Based on D014 4 Testing Testing - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Immunoassay Immunoassay 31.5% Based on D014 5 Testing Testing - Low January List Discount Price of Applicable Calendar Year Diagnostics Immunoreagents Immunoreagents - 13.3% Based on D021 2 Medium High January List Discount Price of Applicable Calendar Year Diagnostics Immunoreagents Immunoreagents - 9.8% Based on D021 3 Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y84 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Immunoreagents Immunoreagents - 23.8% Based on D021 4 Medium Low January List Discount Price of Applicable Calendar Year Diagnostics Immunoreagents Immunoreagents - 23.2% Based on D021 5 Low Discount January List Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 25.3% Based on D019 1 Products Products - High January List Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 21.9% Based on D019 2 Products Products - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 22.4% Based on D019 3 Products Products - Medium January List Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 18.4% Based on D019 4 Products Products - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Microbiology Microbiology 33.9% Based on D019 5 Products Products - Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N5 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Diagnostics Molecular Biology Molecular Biology 20.0% Based on D016 2 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Applicable Medium High Calendar Year Discount Diagnostics Molecular Biology Molecular Biology 15.7% Based on D016 3 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Applicable Medium Discount Calendar Year Diagnostics Molecular Biology Molecular Biology 14.8% Based on D016 4 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Applicable Medium Low Calendar Year Discount Diagnostics Molecular Biology Molecular Biology 26.5% Based on D016 5 Reagents and Kits - Reagents and Kits - January List DNA Extraction and DNA Extraction and Price of Purification Purification - Low Applicable Discount Calendar Year Diagnostics Molecular Biology Molecular Biology 14.3% Based on D015 4 Reagents and Kits - Reagents and Kits - January List Nucleic Acid Nucleic Acid Price of Labeling and Labeling and Applicable Detection Detection - Medium Calendar Year Low Discount Diagnostics Molecular Biology Molecular Biology 15.4% Based on D015 5 Reagents and Kits - Reagents and Kits - January List Nucleic Acid Nucleic Acid Price of Labeling and Labeling and Applicable Detection Detection - Low Calendar Year Discount Diagnostics Molecular Biology Molecular Biology 11.0% Based on D006 1 Reagents and Kits - Reagents and Kits - January List Other- High Price of Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Other Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 4.4% Based on D006 2 Reagents and Kits - Reagents and Kits - January List Other Other- Medium Price of High Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 11.0% Based on D006 3 Reagents and Kits - Reagents and Kits - January List Other Other- Medium Price of Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 11.1% Based on D006 4 Reagents and Kits - Reagents and Kits - January List Other Other- Medium Low Price of Discount Applicable Calendar Year Diagnostics Molecular Biology Molecular Biology 14.7% Based on D006 5 Reagents and Kits - Reagents and Kits - January List Other Other- Low Price of Discount Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 10.7% Based on D004 1 Reagents and Kits Reagents and Kits - January List High Discount Price of Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 13.3% Based on D004 2 Reagents and Kits Reagents and Kits - January List Medium High Price of Discount Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 6.2% Based on D004 3 Reagents and Kits Reagents and Kits - January List Medium Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Diagnostics Protein Chemistry Protein Chemistry 19.9% Based on D004 4 Reagents and Kits Reagents and Kits - January List Medium Low Price of Discount Applicable Calendar Year Diagnostics Protein Chemistry Protein Chemistry 28.9% Based on D004 5 Reagents and Kits Reagents and Kits - January List Low Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 31.5% Based on D012 2 Reagents Reagents - Medium January List High Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 16.6% Based on D012 3 Reagents Reagents - Medium January List Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 15.2% Based on D012 4 Reagents Reagents - Medium January List Low Discount Price of Applicable Calendar Year Diagnostics Tissue Processing Tissue Processing 13.9% Based on D012 5 Reagents Reagents - Low January List Discount Price of Applicable Calendar Year Diagnostics Western Blotting, Western Blotting, 15.9% Based on D009 2 ELISA and Cell ELISA and Cell January List Imaging Imaging - Medium Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�88 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes High Discount Calendar Year Diagnostics Western Blotting, Western Blotting, 12.3% Based on D009 3 ELISA and Cell ELISA and Cell January List Imaging Imaging - Medium Price of Discount Applicable Calendar Year Diagnostics Western Blotting, Western Blotting, 23.8% Based on D009 4 ELISA and Cell ELISA and Cell January List Imaging Imaging - Medium Price of Low Discount Applicable Calendar Year Diagnostics Western Blotting, Western Blotting, 19.7% Based on D009 5 ELISA and Cell ELISA and Cell January List Imaging Imaging - Low Price of Discount Applicable Calendar Year Equipment Baths - Other Baths - Other- High 31.8% Based on E013 1 Discount January List Price of Applicable Calendar Year Equipment Baths - Other Baths - Other- 29.1% Based on E013 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Baths - Other Baths - Other- 24.2% Based on E013 3 Medium Discount January List Price of Applicable Calendar Year Equipment Baths - Other Baths - Other- 37.6% Based on E013 4 Medium Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N9 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Baths - Water Baths - Water- 36.3% Based on E030 3 Medium Discount January List Price of Applicable Calendar Year Equipment Blenders and Blenders and 38.4% Based on E024 1 Homogenizers Homogenizers - January List High Discount Price of Applicable Calendar Year Equipment Blenders and Blenders and 31.2% Based on E024 2 Homogenizers Homogenizers - January List Medium High Price of Discount Applicable Calendar Year Equipment Blenders and Blenders and 25.4% Based on E024 3 Homogenizers Homogenizers - January List Medium Discount Price of Applicable Calendar Year Equipment Blenders and Blenders and 21.1% Based on E024 4 Homogenizers Homogenizers - January List Medium Low Price of Discount Applicable Calendar Year Equipment Blenders and Blenders and 35.4% Based on E024 5 Homogenizers Homogenizers - Low January List Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 6.6% Based on E007 1 Benchtop [General Benchtop [General January List Purpose] Purpose] - High Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�0 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Equipment Centrifuges - Centrifuges - 28.8% Based on E007 2 Benchtop [General Benchtop [General January List Purpose] Purpose] - Medium Price of High Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 12.2% Based on E007 3 Benchtop [General Benchtop [General January List Purpose] Purpose] - Medium Price of Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 16.4% Based on E012 2 Benchtop Benchtop January List Microcentrifuges Microcentrifuges - Price of Medium High Applicable Discount Calendar Year Equipment Centrifuges - Centrifuges - 18.9% Based on E012 4 Benchtop Benchtop January List Microcentrifuges Microcentrifuges - Price of Medium Low Applicable Discount Calendar Year Equipment Centrifuges - Centrifuges - 34.1% Based on E012 5 Benchtop Benchtop January List Microcentrifuges Microcentrifuges - Price of Low Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 12.3% Based on E014 1 Benchtop Other Benchtop Other- January List High Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 11.7% Based on E014 2 Benchtop Other Benchtop Other- January List Medium High Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N1 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Equipment Centrifuges - Centrifuges - 14.4% Based on E014 3 Benchtop Other Benchtop Other- January List Medium Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 14.4% Based on E014 4 Benchtop Other Benchtop Other- January List Medium Low Price of Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 33.9% Based on E014 5 Benchtop Other Benchtop Other- January List Low Discount Price of Applicable Calendar Year Equipment Centrifuges - Centrifuges - 32.4% Based on E021 1 Centrifuge Centrifuge January List Accessories Accessories - High Price of Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 38.9% Based on E021 3 Centrifuge Centrifuge January List Accessories Accessories - Price of Medium Discount Applicable Calendar Year Equipment Centrifuges - Centrifuges - 17.3% Based on E021 4 Centrifuge Centrifuge January List Accessories Accessories - Price of Medium Low Applicable Discount Calendar Year Equipment Centrifuges - Centrifuges - 26.7% Based on E021 5 Centrifuge Centrifuge January List Accessories Accessories - Low Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�62 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Discount Calendar Year Equipment Chromatography Chromatography 32.8% Based on E042 2 Equipment Equipment- Medium January List High Discount Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 20.0% Based on E029 1 High Discount January List Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 25.4% Based on E029 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 7.5% Based on E029 3 Medium Discount January List Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 24.6% Based on E029 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Counting Devices Counting Devices - 24.7% Based on E029 5 Low Discount January List Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 27.0% Based on E026 1 Equipment Equipment- High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page'�b3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Electrophoresis Electrophoresis 18.6% Based on E026 2 Equipment Equipment- Medium January List High Discount Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 11.0% Based on E026 3 Equipment Equipment- Medium January List Discount Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 25.0% Based on E026 4 Equipment Equipment- Medium January List Low Discount Price of Applicable Calendar Year Equipment Electrophoresis Electrophoresis 51.9% Based on E026 5 Equipment Equipment- Low January List Discount Price of Applicable Calendar Year Equipment Equipment- All Equipment- All 25.6% Based on E001 1 Other Other- High January List Discount Price of Applicable Calendar Year Equipment Equipment- All Equipment- All 13.1% Based on E001 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Equipment Equipment- All Equipment- All 13.8% Based on E001 3 Other Other- Medium January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y94 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Equipment- All Equipment- All 25.8% Based on E001 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Equipment Equipment- All Equipment- All 28.7% Based on E001 5 Other Other- Low January List Discount Price of Applicable Calendar Year Equipment Equipment- Equipment- 19.2% Based on E900 1 Education Education - High January List Discount Price of Applicable Calendar Year Equipment Equipment- Equipment- 25.8% Based on E900 2 Education Education - Medium January List High Discount Price of Applicable Calendar Year Equipment Equipment- Equipment- 16.7% Based on E900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Equipment Equipment- Equipment- 26.4% Based on E900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Equipment Equipment- Equipment- 39.6% Based on E900 5 Education Education - Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�k of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Evaporators Evaporators - 14.5% Based on E028 3 Medium Discount January List Price of Applicable Calendar Year Equipment Evaporators Evaporators - 17.3% Based on E028 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Evaporators Evaporators - Low 33.3% Based on E028 5 Discount January List Price of Applicable Calendar Year Equipment Freeze Drying Freeze Drying 27.9% Based on E038 4 Equipment Equipment- Medium January List Low Discount Price of Applicable Calendar Year Equipment Freeze Drying Freeze Drying 35.1% Based on E038 5 Equipment Equipment- Low January List Discount Price of Applicable Calendar Year Equipment Furnaces Furnaces - High 22.4% Based on E032 1 Discount January List Price of Applicable Calendar Year Equipment Furnaces Furnaces - Medium 40.0% Based on E032 2 High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Furnaces Furnaces - Medium 30.0% Based on E032 3 Discount January List Price of Applicable Calendar Year Equipment Furnaces Furnaces - Medium 41.4% Based on E032 4 Low Discount January List Price of Applicable Calendar Year Equipment Furnaces Furnaces - Low 40.2% Based on E032 5 Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - High 41.6% Based on E040 1 Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - Medium 37.7% Based on E040 2 High Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - Medium 17.2% Based on E040 3 Discount January List Price of Applicable Calendar Year Equipment Heaters Heaters - Medium 28.4% Based on E040 4 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�k of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Heaters Heaters - Low 25.1% Based on E040 5 Discount January List Price of Applicable Calendar Year Equipment Hoods and Hoods and 21.7% Based on E011 1 Enclosures Enclosures - High January List Discount Price of Applicable Calendar Year Equipment Hoods and Hoods and 24.9% Based on E011 2 Enclosures Enclosures - January List Medium High Price of Discount Applicable Calendar Year Equipment Hoods and Hoods and 20.4% Based on E011 3 Enclosures Enclosures - January List Medium Discount Price of Applicable Calendar Year Equipment Hoods and Hoods and 38.4% Based on E011 4 Enclosures Enclosures - January List Medium Low Price of Discount Applicable Calendar Year Equipment Hoods and Hoods and 36.0% Based on E011 5 Enclosures Enclosures - Low January List Discount Price of Applicable Calendar Year Equipment Hotplates Hotplates - Medium 32.3% Based on E017 2 High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b8 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Hotplates Hotplates - Medium 32.4% Based on E017 3 Discount January List Price of Applicable Calendar Year Equipment Hotplates Hotplates - Medium 25.1% Based on E017 4 Low Discount January List Price of Applicable Calendar Year Equipment Hotplates Hotplates - Low 45.2% Based on E017 5 Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - High 24.0% Based on E003 1 Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - Medium 27.0% Based on E003 2 High Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - Medium 18.6% Based on E003 3 Discount January List Price of Applicable Calendar Year Equipment Incubators Incubators - Medium 13.3% Based on E003 4 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page Y99 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Incubators Incubators - Low 13.3% Based on E003 5 Discount January List Price of Applicable Calendar Year Equipment Microplate Washers Microplate Washers 20.3% Based on E039 5 - Low Discount January List Price of Applicable Calendar Year Equipment Microscopes Microscopes - High 32.9% Based on E006 1 Discount January List Price of Applicable Calendar Year Equipment Microscopes Microscopes - 43.6% Based on E006 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Microscopes Microscopes - 26.1% Based on E006 3 Medium Discount January List Price of Applicable Calendar Year Equipment Microscopes Microscopes - 26.0% Based on E006 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Microscopes Microscopes - Low 38.0% Based on E006 5 Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page k0 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Microtomy Microtomy 13.7% Based on E009 1 Equipment Equipment- High January List Discount Price of Applicable Calendar Year Equipment Microtomy Microtomy 26.2% Based on E009 2 Equipment Equipment- Medium January List High Discount Price of Applicable Calendar Year Equipment Microtomy Microtomy 19.3% Based on E009 3 Equipment Equipment- Medium January List Discount Price of Applicable Calendar Year Equipment Microtomy Microtomy 28.2% Based on E009 4 Equipment Equipment- Medium January List Low Discount Price of Applicable Calendar Year Equipment Mills Mills - Medium 21.6% Based on E033 3 Discount January List Price of Applicable Calendar Year Equipment Mills Mills - Medium Low 34.6% Based on E033 4 Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - High 41.9% Based on E019 1 Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�01 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Ovens Ovens - Medium 25.4% Based on E019 2 High Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - Medium 17.6% Based on E019 3 Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - Medium 23.2% Based on E019 4 Low Discount January List Price of Applicable Calendar Year Equipment Ovens Ovens - Low 23.8% Based on E019 5 Discount January List Price of Applicable Calendar Year Equipment Photodocumentatio Photodocumentation 11.8% Based on E041 1 n Systems Systems - High January List Discount Price of Applicable Calendar Year Equipment Photodocumentatio Photodocumentation 16.2% Based on E041 3 n Systems Systems - Medium January List Discount Price of Applicable Calendar Year Equipment Photodocumentatio Photodocumentation 34.5% Based on E041 4 n Systems Systems - Medium January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page k2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Photodocumentatio Photodocumentation 48.0% Based on E041 5 n Systems Systems - Low January List Discount Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - High 47.3% Based on E022 1 Discount January List Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - 39.7% Based on E022 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - 32.3% Based on E022 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - 29.0% Based on E022 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pipet Fillers Pipet Fillers - Low 37.8% Based on E022 5 Discount January List Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 41.9% Based on E005 1 Pipetters Pipetters - High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page k3 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pipetters - Manual Pipetters - Manual 15.9% Based on E005 2 Pipetters Pipetters - Medium January List High Discount Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 13.7% Based on E005 3 Pipetters Pipetters - Medium January List Discount Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 23.6% Based on E005 4 Pipetters Pipetters - Medium January List Low Discount Price of Applicable Calendar Year Equipment Pipetters - Manual Pipetters - Manual 38.4% Based on E005 5 Pipetters Pipetters - Low January List Discount Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other- 27.8% Based on E015 1 High Discount January List Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other- 11.3% Based on E015 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other- 8.6% Based on E015 3 Medium Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 504 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pipetters - Other Pipetters - Other- 20.1% Based on E015 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pipetters - Other Pipetters - Other- 19.8% Based on E015 5 Low Discount January List Price of Applicable Calendar Year Equipment PPE— Respiratory PPE— Respiratory 29.2% Based on E008 1 Protection (Safety) Protection (Safety) - January List High Discount Price of Applicable Calendar Year Equipment PPE— Respiratory PPE— Respiratory 31.8% Based on E008 2 Protection (Safety) Protection (Safety) - January List Medium High Price of Discount Applicable Calendar Year Equipment PPE— Respiratory PPE— Respiratory 30.2% Based on E008 3 Protection (Safety) Protection (Safety) - January List Medium Discount Price of Applicable Calendar Year Equipment PPE— Respiratory PPE— Respiratory 31.4% Based on E008 4 Protection (Safety) Protection (Safety) - January List Medium Low Price of Discount Applicable Calendar Year Equipment PPE— Respiratory PPE— Respiratory 33.5% Based on E008 5 Protection (Safety) Protection (Safety) - January List Low Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b5 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pumps - Other Pumps - Other- 34.2% Based on E025 1 High Discount January List Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other- 35.1% Based on E025 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other- 23.5% Based on E025 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other- 39.7% Based on E025 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pumps - Other Pumps - Other- Low 40.1% Based on E025 5 Discount January List Price of Applicable Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 41.6% Based on E035 1 High Discount January List Price of Applicable Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 38.4% Based on E035 2 Medium High January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b6 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 32.0% Based on E035 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pumps - Tubing Pumps - Tubing - 30.5% Based on E035 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 30.6% Based on E016 1 High Discount January List Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 31.1% Based on E016 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 25.7% Based on E016 3 Medium Discount January List Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 31.5% Based on E016 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Pumps - Vacuum Pumps - Vacuum - 40.8% Based on E016 5 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b7 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Equipment Refrigerators and Refrigerators and 29.0% Based on E002 1 Freezers - Other Freezers - Other- January List High Discount Price of Applicable Calendar Year Equipment Refrigerators and Refrigerators and 25.8% Based on E002 2 Freezers - Other Freezers - Other- January List Medium High Price of Discount Applicable Calendar Year Equipment Refrigerators and Refrigerators and 25.0% Based on E002 3 Freezers - Other Freezers - Other- January List Medium Discount Price of Applicable Calendar Year Equipment Refrigerators and Refrigerators and 28.7% Based on E002 4 Freezers - Other Freezers - Other- January List Medium Low Price of Discount Applicable Calendar Year Equipment Refrigerators and Refrigerators and 29.0% Based on E002 5 Freezers - Other Freezers - Other- January List Low Discount Price of Applicable Calendar Year Equipment Refrigerators and Refrigerators and 38.5% Based on E004 3 Freezers - Ultra Freezers - Ultra Low January List Low Temperature Temperature Price of Freezers [Upright] Freezers [Upright] - Applicable Medium Discount Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page X3108 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Refrigerators and Refrigerators and 32.9% Based on E004 4 Freezers - Ultra Freezers - Ultra Low January List Low Temperature Temperature Price of Freezers [Upright] Freezers [Upright] - Applicable Medium Low Calendar Year Discount Equipment Shakers and Mixers Shakers and Mixers 32.4% Based on E020 1 - Other - Other- High January List Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 50.2% Based on E020 2 - Other - Other- Medium January List High Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 20.1% Based on E020 3 - Other - Other- Medium January List Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 28.3% Based on E020 4 - Other - Other- Medium January List Low Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 63.2% Based on E020 5 - Other - Other- Low January List Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 31.9% Based on E018 1 - Platform Shakers - Platform Shakers - January List High Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 209 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Shakers and Mixers Shakers and Mixers 27.8% Based on E018 2 - Platform Shakers - Platform Shakers - January List Medium High Price of Discount Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 16.5% Based on E018 3 - Platform Shakers - Platform Shakers - January List Medium Discount Price of Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 30.7% Based on E018 4 - Platform Shakers - Platform Shakers - January List Medium Low Price of Discount Applicable Calendar Year Equipment Shakers and Mixers Shakers and Mixers 32.6% Based on E018 5 - Platform Shakers - Platform Shakers - January List Low Discount Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - High 24.5% Based on E023 1 Discount January List Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - Medium 20.0% Based on E023 2 High Discount January List Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - Medium 26.7% Based on E023 3 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�?10 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Sterilizers Sterilizers - Medium 38.0% Based on E023 4 Low Discount January List Price of Applicable Calendar Year Equipment Sterilizers Sterilizers - Low 41.2% Based on E023 5 Discount January List Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic- 35.6% Based on E031 2 Medium High January List Discount Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic- 24.2% Based on E031 3 Medium Discount January List Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic- 33.2% Based on E031 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Stirrers - Magnetic Stirrers - Magnetic- 22.8% Based on E031 5 Low Discount January List Price of Applicable Calendar Year Equipment Stirrers - Overhead Stirrers - Overhead - 33.3% Based on E036 3 Medium Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 2911 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Stirrers - Overhead Stirrers - Overhead - 47.8% Based on E036 4 Medium Low January List Discount Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 40.4% Based on E037 1 - High Discount January List Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 33.5% Based on E037 2 - Medium High January List Discount Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 18.3% Based on E037 3 - Medium Discount January List Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 25.6% Based on E037 4 - Medium Low January List Discount Price of Applicable Calendar Year Equipment Ultrasonic Cleaners Ultrasonic Cleaners 36.7% Based on E037 5 - Low Discount January List Price of Applicable Calendar Year Equipment Washers and Washers and Dryers 25.3% Based on E034 2 Dryers for for Glassware - January List Glassware Medium High Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 2912 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Washers and Washers and Dryers 30.4% Based on E034 3 Dryers for for Glassware - January List Glassware Medium Discount Price of Applicable Calendar Year Equipment Washers and Washers and Dryers 27.8% Based on E034 4 Dryers for for Glassware - January List Glassware Medium Low Price of Discount Applicable Calendar Year Equipment Washers and Washers and Dryers 38.1% Based on E034 5 Dryers for for Glassware - Low January List Glassware Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 28.7% Based on E010 1 Other Other- High January List Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 20.8% Based on E010 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 10.4% Based on E010 3 Other Other- Medium January List Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 16.8% Based on E010 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 2913 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Equipment Water Purification - Water Purification - 35.7% Based on E010 5 Other Other- Low January List Discount Price of Applicable Calendar Year Equipment Water Purification - Water Purification - 18.7% Based on E027 1 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of High Discount Applicable Calendar Year Equipment Water Purification - Water Purification - 9.1% Based on E027 2 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Medium High Applicable Discount Calendar Year Equipment Water Purification - Water Purification - 7.5% Based on E027 3 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Medium Discount Applicable Calendar Year Equipment Water Purification - Water Purification - 19.2% Based on E027 4 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Medium Low Applicable Discount Calendar Year Equipment Water Purification - Water Purification - 39.9% Based on E027 5 Pretreatment and Pretreatment and January List Polishing Systems Polishing Systems - Price of Low Discount Applicable Calendar Year Furniture Furniture Furniture - High 36.7% Based on F001 1 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 2i14 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Furniture Furniture Furniture - Medium 37.4% Based on F001 2 High Discount January List Price of Applicable Calendar Year Furniture Furniture Furniture - Medium 42.3% Based on F001 3 Discount January List Price of Applicable Calendar Year Furniture Furniture Furniture - Medium 25.2% Based on F001 4 Low Discount January List Price of Applicable Calendar Year Furniture Furniture Furniture - Low 3.6% Based on F001 5 Discount January List Price of Applicable Calendar Year Furniture Furniture - Furniture - 42.8% Based on F900 1 Education Education - High January List Discount Price of Applicable Calendar Year Furniture Furniture - Furniture - 29.5% Based on F900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Furniture Furniture - Furniture - 25.8% Based on F900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 2915 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Furniture Furniture - Furniture - 40.8% Based on F900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Instruments Anemometers and Anemometers and 43.8% Based on 1016 2 Flowmeters Flowmeters - January List Medium High Price of Discount Applicable Calendar Year Instruments Anemometers and Anemometers and 26.7% Based on 1016 3 Flowmeters Flowmeters - January List Medium Discount Price of Applicable Calendar Year Instruments Anemometers and Anemometers and 31.8% Based on 1016 4 Flowmeters Flowmeters - January List Medium Low Price of Discount Applicable Calendar Year Instruments Balances - Balances - 24.7% Based on 1007 2 Analytical Balances Analytical Balances January List - Medium High Price of Discount Applicable Calendar Year Instruments Balances - Balances - 23.3% Based on 1007 3 Analytical Balances Analytical Balances January List - Medium Discount Price of Applicable Calendar Year Instruments Balances - Balances - 24.0% Based on 1007 4 Analytical Balances Analytical Balances January List - Medium Low Price of Discount Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 2916 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Balances - Balances - 42.8% Based on 1007 5 Analytical Balances Analytical Balances January List - Low Discount Price of Applicable Calendar Year Instruments Balances - Other Balances - Other- 25.0% Based on 1003 1 High Discount January List Price of Applicable Calendar Year Instruments Balances - Other Balances - Other- 21.3% Based on 1003 2 Medium High January List Discount Price of Applicable Calendar Year Instruments Balances - Other Balances - Other- 20.6% Based on 1003 3 Medium Discount January List Price of Applicable Calendar Year Instruments Balances - Other Balances - Other- 25.2% Based on 1003 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments Clinical Chemistry Clinical Chemistry 26.8% Based on 1005 3 Analyzers Analyzers - Medium January List Discount Price of Applicable Calendar Year Instruments Clinical Chemistry Clinical Chemistry 33.0% Based on 1005 4 Analyzers Analyzers - Medium January List Low Discount Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�P17 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Coagulation Coagulation 33.0% Based on 1006 5 Analyzers Analyzers - Low January List Discount Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry- 32.7% Based on 1004 1 High Discount January List Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry- 25.0% Based on 1004 2 Medium High January List Discount Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry- 16.6% Based on 1004 3 Medium Discount January List Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry- 37.8% Based on 1004 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments Electrochemistry Electrochemistry- 55.5% Based on 1004 5 Low Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - High 36.6% Based on 1012 1 Discount January List Price of Applicable Calendar Year Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page X3118 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Electrodes Electrodes - Medium 32.2% Based on 1012 2 High Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - Medium 31.0% Based on 1012 3 Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - Medium 19.7% Based on 1012 4 Low Discount January List Price of Applicable Calendar Year Instruments Electrodes Electrodes - Low 32.7% Based on 1012 5 Discount January List Price of Applicable Calendar Year Instruments Instrumentation — Instrumentation — 13.3% Based on 1010 1 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat-Stress Price of Heat-Stress &Air &Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) High Discount Instruments Instrumentation — Instrumentation — 4.5% Based on 1010 2 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat-Stress Price of Heat-Stress &Air &Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) Medium High Discount Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�?19 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Instruments Instrumentation — Instrumentation — 9.2% Based on 1010 3 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat-Stress Price of Heat-Stress &Air &Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) Medium Discount Instruments Instrumentation — Instrumentation — 46.6% Based on 1010 5 Radiation, Radiation, Chemical, January List Chemical, Noise, Noise, Heat-Stress Price of Heat-Stress &Air &Air Quality Applicable Quality Monitoring Monitoring (Safety) - Calendar Year (Safety) Low Discount Instruments Instruments - All Instruments - All 29.0% Based on 1001 1 Other Other- High January List Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 11.2% Based on 1001 2 Other Other- Medium January List High Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 17.0% Based on 1001 3 Other Other- Medium January List Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 36.8% Based on 1001 4 Other Other- Medium Low January List Discount Price of Applicable Calendar Year Instruments Instruments - All Instruments - All 30.4% Based on 1001 5 Other Other- Low January List Discount Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�bO of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Instruments - Instruments - 33.7% Based on 1900 1 Education Education - High January List Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 31.6% Based on 1900 2 Education Education - Medium January List High Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 40.2% Based on 1900 3 Education Education - Medium January List Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 15.9% Based on 1900 4 Education Education - Medium January List Low Discount Price of Applicable Calendar Year Instruments Instruments - Instruments - 10.2% Based on 1900 5 Education Education - Low January List Discount Price of Applicable Calendar Year Instruments Microplate Readers Microplate Readers 16.3% Based on 1011 1 - High Discount January List Price of Applicable Calendar Year Instruments Microplate Readers Microplate Readers 12.4% Based on 1011 3 - Medium Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b1 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Microplate Readers Microplate Readers 30.3% Based on 1011 4 - Medium Low January List Discount Price of Applicable Calendar Year Instruments Microplate Readers Microplate Readers 44.4% Based on 1011 5 - Low Discount January List Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 36.2% Based on 1009 1 High Discount January List Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 33.0% Based on 1009 2 Medium High January List Discount Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 24.0% Based on 1009 3 Medium Discount January List Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 17.4% Based on 1009 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments PH ORP Titration PH ORP Titration - 34.6% Based on 1009 5 Low Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b2 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Spectrometry and Spectrometry and 21.9% Based on 1002 1 Spectrophotometry Spectrophotometry - January List High Discount Price of Applicable Calendar Year Instruments Spectrometry and Spectrometry and 12.9% Based on 1002 2 Spectrophotometry Spectrophotometry - January List Medium High Price of Discount Applicable Calendar Year Instruments Spectrometry and Spectrometry and 10.3% Based on 1002 3 Spectrophotometry Spectrophotometry - January List Medium Discount Price of Applicable Calendar Year Instruments Spectrometry and Spectrometry and 16.2% Based on 1002 4 Spectrophotometry Spectrophotometry - January List Medium Low Price of Discount Applicable Calendar Year Instruments Spectrometry and Spectrometry and 16.2% Based on 1002 5 Spectrophotometry Spectrophotometry - January List Low Discount Price of Applicable Calendar Year Instruments Thermal Cycling Thermal Cycling 25.0% Based on 1013 4 Instruments Instruments - January List Medium Low Price of Discount Applicable Calendar Year Instruments Thermometers Thermometers - 38.4% Based on 1008 1 High Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�b of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Thermometers Thermometers - 44.5% Based on 1008 2 Medium High January List Discount Price of Applicable Calendar Year Instruments Thermometers Thermometers - 39.2% Based on 1008 3 Medium Discount January List Price of Applicable Calendar Year Instruments Thermometers Thermometers - 39.4% Based on 1008 4 Medium Low January List Discount Price of Applicable Calendar Year Instruments Thermometers Thermometers - Low 44.3% Based on 1008 5 Discount January List Price of Applicable Calendar Year Instruments Timers Timers - High 38.9% Based on 1014 1 Discount January List Price of Applicable Calendar Year Instruments Timers Timers - Medium 39.6% Based on 1014 2 High Discount January List Price of Applicable Calendar Year Instruments Timers Timers - Medium 39.0% Based on 1014 3 Discount January List Price of Applicable Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page N24 of 1712 Category Product Pricing Market Discount Discount Discount PPG Band Group Band Base Codes Calendar Year Instruments Timers Timers - Medium 37.4% Based on 1014 4 Low Discount January List Price of Applicable Calendar Year Instruments Timers Timers - Low 52.4% Based on 1014 5 Discount January List Price of Applicable Calendar Year Instruments Viscometry Viscometry 16.6% Based on 1015 3 Instruments Instruments - January List Medium Discount Price of Applicable Calendar Year Instruments Viscometry Viscometry 16.1% Based on 1015 5 Instruments Instruments - Low January List Discount Price of Applicable Calendar Year Note: When the calculated price for a catalog product falls below Thermo Fisher Scientific's cost plus 7%, the price charged will be cost plus 7%. Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page�'25 of 1712 Exhibit C Prime Award PPG Schedule PPG Description Std Alt Code Discount Discount A001 Apparatus - All Other 31.1% 31.1% Examples include Weights, Magnets and Magnifiers, Metal Tanks, Mixers (In-Line), Molecular and Chemical Models, Needles (Dissection), Patient Care Simulators, Pipetter Calibration Kits, Power Saws, Scissors, Sieves, Animal Cages and Cage Accessories, Aquaria and Accessories, and Defibrillator Accessories. A002 Microbiology Apparatus 32.5% 32.5% A003 Racks 37.1% 37.1% A004 Facility Safety - Maintenance & Operations - Apparatus 35.4% 35.4% A005 Clamps, Trays, and Supports 41.6% 41.6% A006 Cryogenic Products 31.2% 31.2% A007 Desiccators 33.7% 33.7% A008 Fire Fighting & Emergency Response- Equipment & Medical 17.1% 17.1% A009 Liquid Handling Fillers and Dispensers 21.8% 21.8% A010 PPE - Fall Protection 26.7% 26.7% B001 Biologicals - All Other 9.6% 9.6% Examples include: Serum Substitutes, Animal Sera, Storage Accessories for Preserved Specimens, Live Cell Cultures, Overexpression Lysates, and Peptides. B002 Prepared Microbiology Media [Plates] 22.4% 22.4% B003 Antibodies 7.7% 7.7% B004 Cell Culture Media and Reagents 26.1% 26.1% B005 Blood Culture Systems 31.3% 31.3% B006 PCR Supplies 8.6% 8.6% B007 Dehydrated Microbiology Media 22.8% 22.8% B008 Bovine Sera 24.2% 24.2% B009 Microbiology Supplies 20.2% 20.2% B010 Prepared Microbiology Media [Tubes] 13.9% 13.9% B011 Microbiology Quality Control Supplies 16.5% 16.5% B012 Enzymes 9.4% 9.4% B013 Prepared Microbiology Media [Bottles and Slides] 3.0% 3.0% B014 Nucleic Acids and Components 11.4% 11.4% B015 Proteins 20.1% 20.1% Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page 3326 of 1712 PPG Description Std Alt Code Discount Discount C001 Consumables - All Other 35.8% 35.8% Examples include: Irrigation Solutions, Nucleotide Decontaminants, Plastic Tanks, Radiation Decontaminants, Distillation Products, and Cell Scrapers. C002 PPE - Hand Protection -Thin-Wall Gloves 52.0% 52.0% C003 Filtration Products - Other Filtration Products 26.5% 26.5% C004 Vials and Vial Inserts 39.0% 39.0% C005 Pipets - Serological Pipets 45.7% 45.7% C006 Specimen Collection - Evacuated Blood Tubes 18.8% 18.8% C007 Microscope Slides 56.0% 56.0% C008 Facility Safety - Maintenance & Operations - Consumables 45.1% 45.1% C009 Cell Culture Flasks 26.5% 26.5% C010 Tubes - Centrifuge Tubes 34.6% 34.6% C011 Pipetter Tips - Universal Pipetter Tips 45.0% 45.0% C012 PPE -Apparel 39.7% 39.7% C013 Bottles - Other 40.6% 40.6% C014 Bottles - Plastic Bottles [General Purpose] 45.3% 45.3% C015 Microplates - Other 20.7% 20.7% C016 Controlled Environments-Apparel 37.4% 37.4% C017 Specimen Containers 34.1% 34.1% C018 Controlled Environments-Wipers & Swabs 38.1% 38.1% C019 Filtration Products - Bottletop Filters 20.6% 20.6% CO20 Filtration Products - Syringe and Syringeless Filters [Nonsterile] 27.3% 27.3% CO21 Controlled Environments-Gloves 46.9% 46.9% CO22 Filtration Products - Centrifugal Filter Devices 7.8% 7.8% CO23 Pipetter Tips - Pipetter Specific Tips 29.0% 29.0% CO24 Cell Culture Microplates 19.4% 19.4% CO25 Pipetter Tips - Filtering Pipetter Tips 29.2% 29.2% CO26 Cleaning Products 31.1% 31.1% CO27 Specimen Collection - Winged Collection Set 23.6% 23.6% CO28 Microplates - Assay Microplates 22.4% 22.4% CO29 Dishes - Petri Dishes 59.4% 59.4% C030 Tubes - Test Tubes 45.2% 45.2% C031 Tubes - Storage Tubes 29.8% 29.8% C032 Chromatography Columns 12.2% 12.2% C033 Bottles - Media Bottles 38.3% 38.3% C034 Pipets - Transfer Pipets 58.5% 58.5% C035 Tubes - Microtubes 55.6% 55.6% C036 Syringes - General Purpose Syringes 29.5% 29.5% C037 Cell Culture Tubes 54.8% 54.8% Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page`h7 of 1712 PPG Description Std Alt Code Discount Discount C038 Cell Culture Dishes 23.2% 23.2% C039 Chromatography Columns and Supplies 18.1% 18.1% C040 Cellware [Specialty] 22.8% 22.8% C041 Bags - Sample Bags 39.2% 39.2% C042 Specimen Collection - Microbiology and Transport Systems 17.4% 17.4% C043 Pipets - Other 51.6% 51.6% C044 Tubing and Tubing Connectors 38.9% 38.9% C045 Specimen Collection - Urine Specimen Collection 35.2% 35.2% C046 Bottles - Glass Bottles [General Purpose] 40.2% 40.2% C047 Specimen Collection - Blood Specimen Collection 21.1% 21.1% C048 Specimen Collection - Tubes for Blood Collection 32.6% 32.6% C049 Controlled Environments- Housekeeping, Matting, Packaging, 27.1% 27.1% Stationary &Tape C050 Syringes - Other 26.5% 26.5% C051 Bags - Autoclaving Bags 52.8% 52.8% C052 PPE - Eye, Face, and Hearing 45.9% 45.9% C053 Flasks - Other 39.7% 39.7% C054 Filtration Products - Filter Units 19.7% 19.7% C055 Microplate Covers 20.9% 20.9% C056 Flasks - Volumetric 44.3% 44.3% C057 Water and Wastewater Testing Supplies 27.6% 27.6% C058 Dishes - Other 56.7% 56.7% C059 Facility Safety - First Aid, Identification & Communication, Spill 26.7% 26.7% Control & Containment C060 Specimen Collection - Tube Needles 31.8% 31.8% C061 Carboys and Jerricans 45.4% 45.4% C062 Tubes - Tube Closures 38.5% 38.5% C063 PPE - Hand Protection -Work & Specialty Gloves 33.6% 33.6% C064 Reservoirs and Reservoir Liners 26.5% 26.5% C065 Coverslips 55.7% 55.7% C066 Tubes - Other 26.2% 26.2% C067 Specimen Collection - Other 19.2% 19.2% C068 Cylinders [Laboratory] 42.7% 42.7% C069 Membranes For Hybridization and Transfer 15.1% 15.1% C070 Autoradiography Supplies 25.6% 25.6% C071 Waste Disposal Containers 39.8% 39.8% C072 Bench Protectors 42.0% 42.0% C073 Funnels 45.9% 45.9% C074 Bags - Other 30.8% 30.8% C075 Cuvets and Cells 36.7% 36.7% Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page X3128 of 1712 PPG Description Std Alt Code Discount Discount C076 Beakers - Plastic and Other 42.5% 42.5% C077 PPE - Hand Protection -Chemical Resistant Gloves 35.9% 35.9% C078 Embedding Cassettes 20.0% 20.0% C079 Beakers - Glass 42.6% 42.6% C080 Knives and Knife Blades 39.2% 39.2% C081 Pipetter Tips - Robotic Pipetter Tips 21.0% 21.0% C082 Film and Foil Wrapping 47.8% 47.8% C083 Pipetter Tips - Other 41.4% 41.4% C084 Stirring Bars and Rods 48.1% 48.1% C085 Fire Fighting & Emergency Response- PPE 52.1% 52.1% C086 Stoppers 34.5% 34.5% C087 Burets 40.8% 40.8% C088 Samplers 25.3% 25.3% C089 Spatulas [General Purpose] 38.0% 38.0% C090 Crucibles 43.1% 43.1% C091 Bottles - Wash Bottles 42.7% 42.7% C092 Pipetter Tips - Repeater Pipetter Tips 25.6% 25.6% C093 PPE - Head Protection 35.1% 35.1% D001 Diagnostics - All Other 6.8% 6.8% Examples include: Magnetic Particles, Nitric Oxide Pathway Reagents and Kits, RNAi Controls, Cell Growth and Differentiation Reagents and Kits, and Food Chemistry Test Kits D002 Clinical Diagnostic Kits and Reagents - Other 24.5% 24.5% D003 Clinical Controls Calibrators and Standards 20.9% 20.9% D004 Protein Chemistry Reagents and Kits 5.4% 5.4% D005 Clinical Diagnostic Kits and Reagents - Influenza Testing 18.9% 18.9% D006 Molecular Biology Reagents and Kits - Other 4.3% 4.3% D007 Clinical Diagnostic Kits and Reagents - Pregnancy [hCG] Tests 34.2% 34.2% D008 Clinical Diagnostic Kits and Reagents - Streptococcus Testing 17.1% 17.1% D009 Western Blotting, ELISA and Cell Imaging 7.4% 7.4% D010 Clinical Diagnostic Kits and Reagents - C. difficile Testing 24.0% 24.0% D011 Electrophoresis Reagents 9.6% 9.6% D012 Tissue Processing Reagents 22.4% 22.4% D013 Clinical Diagnostic Kits and Reagents - General Chemistry 8.2% 8.2% Testing D014 Immunoassay Testing 5.7% 5.7% D015 Molecular Biology Reagents and Kits - Nucleic Acid Labeling and 4.1% 4.1% Detection D016 Molecular Biology Reagents and Kits - DNA Extraction and 9.5% 9.5% Purification D017 Clinical Diagnostic Kits and Reagents - Urinalysis Testing 24.1% 24.1% Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page`S29 of 1712 PPG Description Std Alt Code Discount Discount D018 Dialysis Desalting and Buffer Exchange 3.5% 3.5% D019 Microbiology Products 18.3% 18.3% D020 Hematology Stains 18.6% 18.6% D021 Immunoreagents 5.5% 5.5% D022 Antibody Production and Purification 5.1% 5.1% E001 Equipment- All Other 19.2% 19.2% Examples include: Slide Warmers, Tissue Processors and Accessories, Ultraviolet Lamps, Pipetting Workstations, Automated Laboratory Robotics, and Heat Stress Monitors E002 Refrigerators and Freezers - Other 30.4% 30.4% E003 Incubators 24.0% 24.0% E004 Refrigerators and Freezers - Ultra Low Temperature Freezers 29.7% 29.7% [Upright] E005 Pipetters - Manual Pipetters 20.3% 20.3% E006 Microscopes 22.8% 22.8% E007 Centrifuges - Benchtop [General Purpose] 10.8% 10.8% E008 PPE - Respiratory Protection 30.3% 30.3% E009 Microtomy Equipment 8.6% 8.6% E010 Water Purification - Other 15.3% 15.3% E011 Hoods and Enclosures 19.7% 19.7% E012 Centrifuges - Benchtop Microcentrifuges 20.9% 20.9% E013 Baths - Other 24.7% 24.7% E014 Centrifuges - Benchtop Other 14.7% 14.7% E015 Pipetters - Other 15.9% 15.9% E016 Pumps - Vacuum 29.0% 29.0% E017 Hotplates 31.5% 31.5% E018 Shakers and Mixers - Platform Shakers 19.8% 19.8% E019 Ovens 26.8% 26.8% E020 Shakers and Mixers - Other 34.7% 34.7% E021 Centrifuges - Centrifuge Accessories 17.1% 17.1% E022 Pipet Fillers 32.6% 32.6% E023 Sterilizers 21.5% 21.5% E024 Blenders and Homogenizers 25.3% 25.3% E025 Pumps - Other 25.6% 25.6% E026 Electrophoresis Equipment 22.2% 22.2% E027 Water Purification - Pretreatment and Polishing Systems 18.8% 18.8% E028 Evaporators 14.1% 14.1% E029 Counting Devices 22.0% 22.0% E030 Baths - Water 30.8% 30.8% E031 Stirrers - Magnetic 26.9% 26.9% E032 Furnaces 26.0% 26.0% Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page t�30 of 1712 PPG Description Std Alt Code Discount Discount E033 Mills 20.4% 20.4% E034 Washers and Dryers for Glassware 23.2% 23.2% E035 Pumps - Tubing 24.0% 24.0% E036 Stirrers - Overhead 25.3% 25.3% E037 Ultrasonic Cleaners 18.6% 18.6% E038 Freeze Drying Equipment 27.3% 27.3% E039 Microplate Washers 10.0% 10.0% E040 Heaters 14.2% 14.2% E041 Photodocumentation Systems 13.7% 13.7% E042 Chromatography Equipment 5.6% 5.6% E900 Equipment- Education 0.0% 0.0% F001 Furniture 37.1% 37.1% H001 Chemicals - All Other 32.1% 32.1% Examples include Desiccants and Drying Agents, Intravenous Solutions, Stains and Dyes and Indicators, and all chemicals not covered by another specific PPG listed below. H002 Organics 34.4% 34.4% H003 Solvents - Other 63.7% 63.7% H004 Acids - Inorganic 47.5% 47.5% H005 Inorganics - Other 51.1% 51.1% H006 Buffers 38.4% 38.4% H007 Solvents - Acetonitrile 43.9% 43.9% H008 Solvents - Methanol 65.5% 65.5% H009 Solvents - Ethanol 37.1% 37.1% H010 Histology Reagents 54.8% 54.8% H011 Inorganics - Sodium Compounds [Inorganics] 56.4% 56.4% H012 Solutions for Chemical Testing 44.3% 44.3% H013 Standards 29.3% 29.3% H014 Solvents - Isopropanol [IPA] 62.9% 62.9% H015 Caustics 58.6% 58.6% H016 Solvents - Acetone 65.0% 65.0% H017 Water 54.4% 54.4% H018 Acids - Organic 50.3% 50.3% H019 Solvents - Methylene Chloride 69.9% 69.9% H020 Solvents - Hexanes 71.4% 71.4% H021 Solvents - Xylenes 76.3% 76.3% 1001 Instruments - All Other 14.4% 14.4% Examples include: Radiation Contamination Monitors, Rheometers, Hygrometers and Accessories, Immunoassay Systems, Chromatography Products, and Flow Cytometers and Accessories. Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page`h1 of 1712 PPG Description Std Alt Code Discount Discount 1002 Spectrometry and Spectrophotometry 10.9% 10.9% 1003 Balances - Other 27.5% 27.5% 1004 Electrochemistry 25.7% 25.7% 1005 Clinical Chemistry Analyzers 28.8% 28.8% 1006 Coagulation Analyzers 32.0% 32.0% 1007 Balances - Analytical Balances 28.0% 28.0% 1008 Thermometers 32.8% 32.8% 1009 PH ORP Titration 27.5% 27.5% 1010 Instrumentation - Radiation, Chemical, Noise, Heat-Stress &Air 9.6% 9.6% Quality Monitoring 1011 Microplate Readers 13.4% 13.4% 1012 Electrodes 26.3% 26.3% 1013 Thermal Cycling Instruments 9.1% 9.1% 1014 Timers 31.3% 31.3% 1015 Viscometry Instruments 20.4% 20.4% 1016 Anemometers and Flowmeters 15.8% 15.8% X001 Discounts not Allowed 0.0% 0.0% X002 Discounts not Allowed 0.0% 0.0% X003 Discounts not Allowed 0.0% 0.0% X004 Discounts not Allowed 0.0% 0.0% X005 Discounts not Allowed 0.0% 0.0% X006 Discounts not Allowed 0.0% 0.0% Note: When the calculated price for a catalog product falls below Thermo Fisher Scientific's cost plus 7%, the price charged will be cost plus 7%. Research Laboratory Supplies Alternate Contract Source Agreement 41120000-15-ACS Page t�32 of 1712 2017 Hotlist and all Pricing for the State of Florida Contract, which includes over 1 millioi 1 136786A PIPET DISP 5-3/41N 250PK PK 2 0540224B TUBES SAFE-LOCK 1.51VIL 100/CS CS 3 09923348 FTA PURIF REAGNT- 500ML 1PK PK 4 AC125250010 DL-MALIC ACID, 99% 1KG EA 5 MHAOOOP2F M-FECAL COLIFORM 50/PK PK 6 SB1754 BUFFER SOL TISAB/IN CDTA/4L EA 7 SB107500 BUFFER CLRD YEL PH 7.00 500ML EA 8 14230232 PCR PLT 96 NO SKIRT NT 25CS CS 9 1523561 WYPALL X60 TERI WIPERS 100/PK PK 10 1496125 TUBE CULT DSP 10X75MM 1000/CS CS 11 01828D BG AUTO PP RED 25X35 200/PK PK 12 65901 REAGENT ALCOHOL ACS, 4 L EA 13 093284 NBS CONDUCTVTY STDS .0001 MEG EA 14 0540314 EPTPS FLTR 0.1-105LS PCR 960CS CS 15 19050548A GLV LATX EXM FB ALOE SM 100/PK PK 16 588732 COND STD, 100 5S/CM, 1 L EA 17 DF0156173 LACTOSE 500 GM EA 18 23042305 MLTSTX REAG STRP 10SG 100/PK PK 19 1495949A TUBE CONIC 50ML W/RACK 500/CS CS 20 0540318 EPTI PS FILTER 2-1000 L 960CS CS 21 19050550C GLV NTRL EXM FB ALOE LG 100/PK PK 22 01828A BG AUTO PP RED 8X12 200/PK PK 23 1368063 ALCOHOL SWABS 1200/CS CS 24 02707511 1000U CLR TIP METLFREE 1000/PK PK 25 DF0223172 UVM MODIF LISTERIA BR 500GM EA 26 05719345 BTL W/M AMB RECT CERT 1L 24/CS CS 27 A258500 PROPIONIC ACID CERTIFIED 500ML EA 28 09795F FILTER PAPER 15CM 100/PK PK 29 08732122 DISPOSABLE BEAKER 50ML 500/PK PK 30 0333930H VIAL SHELL 23X85MM 6DR 144/PK PK 31 19050550D GLV NTRL EXM FB ALOE XL 100/PK PK 32 120097A BOX DISP GLASS FLOOR MDL 6/PK PK 33 SB11520 BUFFER COLORED BLUE PH 10 20L EA 34 19058801D GLV EXAM AMB LTX PF LG 100/PK PK 35 191301597B FB NITRILE GLV PF LF S 100/PK PK 36 19149864B EXAMGLV NITR 121N SZ M 50EAPK PK 37 191301597D FB NITRILE GLV PF LF L 100/PK PK 38 0540315 EPTPS FLTR 0.1- 10UL PCR 960CS CS 39 SLGVX13NL MILLEX 13MM .22UM PVDF 100/PK PK 40 A4671 NITRIC ACID OPTIMA 1L EA 41 SH3053802 WATER MOLECULAR BIO. 500ML EA Page 333 of 1712 42 1496127 TUBE CULT DSP 13X100MM 1000/CS CS 43 A9294 ACETONE OPTIMA GRADE 4L EA 44 013617D CVL TYVK HD ELS WA XL 25/CS CS 45 2123635 TIP ART REACH 10UL 960PK PK 46 0339135 INSERT LGID 300UL WSPRNG 100PK PK 47 58884332 KCL COND STD, 5000 5S/CM, 1L EA 48 125441 FF MICRO SLIDES 3X1 IN 144/GR GR 49 19050550B GLV NTRL EXM FB ALOE MD 100/PK PK 50 A9964 ACETONITRILE OPTIMA GRADE 4L EA 51 19027343 BURN COMPOUND 1/8 6/PK PK 52 B21192X XLD AGAR OPTI LUX PLATE 20/PK PK 53 R01202 BLOOD AGAR 100/CS CS 54 A998SK4 ACETONITRILE HPLC 4L SAFE-COTE EA 55 093283 NBS CONDUCTVTY STDS .001 MEG EA 56 PD2004755 PETRI-PAD 47MM STER 600/PK PK 57 089275B SCALPEL DISPOSABLE NO11 20/PK PK 58 09825) FILTER PPR GR 4 4.25CM 100/PK PK 59 0987471 GLS FBR PPR GFF 4.7CM 100/PK PK 60 19156104 NITRILE PF EXAM ORANG SM 100PK PK 61 SH3007002 DEFINED FBS 100ML EA 62 19170010C GLV EXM AMB NTRL PF LG 100/PK PK 63 191301633 INDUS WPR WYPALL X 180/CS CS 64 054027 TUBE SAFE-LOCK 2ML NAT 500/CS CS 65 PD2004705 PTRI DSH 47MM ASEPTC MLD 600PK PK 66 AP4004700 GLASS FIBER FILTER 47MM 100PK PK 67 0666524 WIPES ALCOHOL/DI 100/PK PK 68 19149864C EXAMGLV NITR 121N SZ L 50EAPK PK 69 B21365X HEKTOEN ENTERIC AGAR 20/PK PK 70 19161802 742 CRTG ORG VAP GAS-P100 2/PK PK 71 0987444 GLASS FBR PPR GFD 2.5CM 100/PK PK 72 B21239X TRYPT SOY AGR W/5% BLOOD 20/PK PK 73 191301597E FB NITRILE GLV PF LF XL 100PK PK 74 0553841C CENT TUBE DSP PLN 10M 125/CS CS 75 055407 TB CULT STR 12X75MM PS 500/CS CS 76 19149864A EXAMGLV NITR 121N SZ S 50EAPK PK 77 A1820 ACETONE CERTIFIED ACS 20L EA 78 EZHAWG474 EZ-PAK HAWG 47Q6000 600/PK PK 79 0540320 EPTIPS FILTER 50-1000UL 960/CS CS 80 PD1504700 PLASTIC PETRISLIDES 100/PK PK 81 19058801B GLV EXAM AMB LTX PF SM 100/PK PK 82 15904 3/4X60 YARD AUTOCLAVE TAPE EA 83 D1424 METHYLENE CHLOR PST GD CR 4L EA 84 034484 BOX MICROSCPE SLIDE 100PYELLOW EA 85 018125F BAG WHIRL PAK SOD THIO 100/PK PK Page 334 of 1712 86 1482613 SYRINGE ONLY SLIP 10ML 100/PK PK 87 0353052 MULTI-PURP BIO-MAILER 8/CS CS 88 0987617 PH 0-14 BY 1 6X80MM 100/PK PK 89 05408129 MCT N/S 1.51VIL NAT 500/PKMCT PK 90 033753A TARGET POLY INSERT 100/PK PK 91 07782E CORKS XXX NO 2 500/PK PK 92 1420637 SPR VERSI-DRY PROT20X250 250CS CS 93 09795C FILTER PAPER 9CM 100/PK PK 94 09850D FILTER PPR GR41 12.5CM 100/PK PK 95 13641874 TISAB III CONC 1 PINT EA 96 19149864 EXAMGLV NITR 121N SZXS 50/PK PK 97 1496126 CULT TUBE DISP 12X75MM 1000/CS CS 98 0552745 CENTRIFUGE TUBE 15ML 1000/CS CS 99 1496130 TUBE CULT DSP 16X125MM 1000/CS CS 100 033753B TARGT VL MICROSRT 400UL 500/PK PK 101 SB1074 BUFFER CLRD YEL PH 7.00 4L EA 102 SLCR013NK MILLEX LCR 13MM 1000/PK PK 103 1424571 DISP U PLATES RIGID STY 50/PK PK 104 19058801A GLV EXAM AMB LTX PF XS 100/PK PK 105 2137752 FINNTIP 63 1-10ML BULK 100/PK PK 106 R8311006 RAPID ONE SYSTEM 20PK PK 107 0268397 VAC PLS SST GOLD 5ML 100/PK PK 108 026894 EDTA PLUS CONV CLSR 4ML 100/PK PK 109 DF0235178 UNIVERSAL PRE-ENRCH BROTH 500G EA 110 19170010A GLV EXM AMB NTRL PF SM 100/PK PK 111 19058801E GLV EXAM AMB LTX PF XL 100/PK PK 112 S61310 SODIUM HYDROXIDE BEADS 10KG EA 113 0571989 JAR CLEAR CERTIFIED 1L 12/CS CS 114 SB115500 BUFFER COLRD BLUE PH 10 500ML EA 115 013617F CVL TYVK HD ELS WA 3X 25/CS CS 116 A40720 ETHYL ALCOHOL DENATURED 20L EA 117 SB101500 BUFFER COLRD RED PH 4.00 500ML EA 118 AB0600 .21VIL RKN PT PP N-SKRT NAT 25PK PK 119 265532 DPD INDICATOR, 1 L EA 120 A144212 HYDROCHLOR ACID REAG ACS 21/21- EA 121 097479 PLYCP36 TC 0.2UM W/BL STR 1/PK PK 122 09801C FILTER PAPER 11CM 100/PK PK 123 089275D SCALPEL DISPOSABLE NO21 20/PK PK 124 22130407 SHIPPER SMALL COOLER 8/CS CS 125 09805K FILTER PAPER WH 1 27CM 100/PK PK 126 19002709 RESP P95 VLV FACE SEL OIL10/PK PK 127 06718818 SPE SILICA 6ML/1000MG 30PK PK 128 19050550A GLV NTRL EXM FB ALOE SM 100/PK PK 129 R23700 DILUTION BOTTLE 90ML 72/CS CS Page 335 of 1712 130 A219500 OXALIC ACID CERTI F ACS 500G EA 131 A4564 METHANOL LC/MS OPTIMA 4L EA 132 013617E CVL TYVK HD ELS WA 2X 25/CS CS 133 0292410A BOTTLE RECTANG AMB 4OZ 12/PK PK 134 14958A DCT FLINT GLASS 6X50MM M/CS CS 135 14850113 PH TEST STRIP 5.0-9.0 EA 136 19050548B GLV LATX EXM FB ALOE MD 100/PK PK 137 0334172 VIAL SCINT 20ML HDPE 500/CS CS 138 SB1154 BUFFER COLRD BLUE PH 10 4L EA 139 05719481 JAR SHORT WM CLR 250ML 12/CS CS 140 D1514 METHYLENE CHLORIDE OPTIMA 4L EA 141 0540341 EPTIPS RELOADS 200UL 960/PK PK 142 22040068 VACUET 5ML GEL PULL GOLD 50/PK PK 143 MRCFOR100 DNA FAST FLOW- 100 PK PK 144 0540319 EPTIPS FILTER 20-300UL 960/CS CS 145 14190507 TBG STD 0.045 12PKTBG STD 0.0 PK 146 22040074 VACUET 6ML PULL CAP SERUM50PK PK 147 A61100 L-ASCORBIC ACID CRY ACS 100G EA 148 13681102B PIPET FILLER SILICONE BLACK EA 149 14955114B CONT MLTPRP 5OZ GRD TR 300/CS CS 150 19170010B GLV EXM AMB NTRL PF MD 100/PK PK 151 0932811 CONDUCTIVITY SOL 1413 FISHER EA 152 029245A BOTTLE RECTANG HDPE 4OZ 12/PK PK 153 033134F BOTTLE SMPLE WM 1000ML 24/CS CS 154 14376164 MICROCHCK TST FREE CHLRN 50PK PK 155 19121275 GLS VIRT CLR TMP/LENS HC EA 156 07782G CORKS XXX NO 4 500/PK PK 157 056005241N CRMP CP PTFE/SI 20MM 100PK PK 158 093282 NBS CONDUCTVTY STDS .01 MEG EA 159 314432 FERROUS AM SULFATE 0.00282N,1L EA 160 0540316 EPTPS FLTR 0.5-20UL LPCR 960CS CS 161 05719101 VIAL EPA CLN W/SEP 40ML 72/CS CS 162 191301597C FB NITRILE GLV PF LF M 100/PK PK 163 19050548C GLV LATX EXM FB ALOE LG 100/PK PK 164 0571991 BOTTLE CERT/EPA 1-LITER 12/CS CS 165 013617C CVL TYVK HD ELS WA L 25/CS CS 166 14190501 TBG STD 0.015 12PKTBG STD 0.0 PK 167 SH3002401 MEMEBSS LIQUID MEDIA 500MLME EA 168 23400102 FB APPLICATOR WOOD 61N 864/PK PK 169 A4524 METHANOL CERT ACS/HPLC 4L EA 170 SH3052501 LEIBOVITZ L-15 W/ L-GLUT 500ML EA 171 R01880 THAYER MARTIN AGR MODFD 10/PK PK 172 23292758 AQUACHEK CHLOR TST STRP 50/PK PK 173 09873DD GLS FIBR FILT PPR 47MM 100/PK PK Page 336 of 1712 174 0973556 FLTR PROWEIGH FOR TSS 100/PK PK 175 1367820A PIPET DISP 5 3/4 IN 720/CS CS 176 1523579 WYPALLTERITWLS POPUP 1260/CS CS 177 191501659 NEMESIS BLK/SMOKE LENS EA 178 19168175 3M RESPIRATOR 8200 N95 20/PK PK 179 09805B FILTER PPR WH 15.5CM 100/PK PK 180 ICN90331225 BREWERS YEAST 25LB EA 181 19170010D GLV EXM AMB NTRL PF XL 100/PK PK 182 1496226G CUL TUBE BOR SC 16X125 1000/CS CS 183 02686202B DILU-LOK PHOS BFR WM99ML 50/CS CS 184 0640619B CRIMP SEAL11MM PTFE/RR 1000/CS CS 185 087725 ASSAY PLATE 96WELL BTM 50/CS CS 186 A404 ACETONE PESTICIDE GRADE 4L EA 187 SB10120 BUFFER COLORED RED PH 4 20L EA 188 23900513D LABCOAT XSAFE CEIL BLU XL10/PK PK 189 1367811E PIPET STER 10ML(0.1GRAD)200/CS CS 190 1495970C CENTRIFUGE TUBE PP 15ML 500/CS CS 191 19149864D EXAMGLV NITR 121 SZXL 50EAPK PK 192 13683705 CBT. ADVANCED 5ML STANDARD CS 193 0337527B TRGT VIAL SNAPIT 1D AMB 100/PK PK 194 0987464 GLASS FBR PPR GFF 2.5CM 100/PK PK 195 A4544 METHANOL OPTIMA GRADE 4L EA 196 580532 PHOSPHATE BUFF, DPD, 1 L EA 197 2203115 UNIV VIRLTRANS SWAB STD 50/PK PK 198 19058801C GLV EXAM AMB LTX PF MD 100/PK PK 199 03377B VIAL ID DP TARGT CLR 100/PK PK 200 R01552 MACCON KEY AGAR 100/CS CS 201 0987435 FILTER PPR GF/C 4.7 CM 100/PK PK 202 033134C BOTTLE SMPLE WM 125ML 72/CS CS 203 0666414 DRY CLEANWIPES 100/PK PK 204 0337524 CRIMP SEAL 11MM PTFE/RR 100/PK PK 205 0540366 EPTPS RCK 2-200UL 960/CSEPTP CS 206 06717992 SLEEVE GOOSENECK 5PK PK 207 21377146 ANNTIP 63 2-10ML40/PK PK 208 1367610B PIPET STER 1ML(0.01GRAD)1000/C CS 209 0333723C VIAL SCIN 20ML PE W/CL 500/CS CS 210 06718814 SPE FLORISIL 6ML/1000MG 30PK PK 211 01828C BG AUTO PP RED 19X23 200/PK PK 212 0877233 TC PLATE 6 WELL BULK TRAY60CS CS 213 23900513C LABCOAT XSAFE CEIL BLU L 10/PK PK 214 1495782A CAP SCREW RUB LNR 13-415 M/CS CS 215 2137745 FINTP UNV .5-250 BULK 1000/PK PK 216 034481 BOX MICROSCOPE SLIDE 100P BLUE EA 217 SB10720 BUFFER COLORED YEL PH 7 20L EA Page 337 of 1712 218 191301597A FB NITRILE GLV PF LF XS 100/PK PK 219 19014860 WYPALL X70 WORKHORSE 152/CS CS 220 58880132 COND STD, 1000 5S/CM, 1 L EA 221 0540317 EPTIPS FILTER 2-20UL 960CS CS 222 19818400 LTX MEDCL PWDFR GLV XL 500CS CS 223 0339686 TRGT DP VL CLR 350 UL 10OPK PK 224 0352536 INSULTED MAILER 6WX8LX7H 12/CS CS 225 1495776A TUBE CULT DSP 13X100MM 1000/CS CS 226 19818401 LTX MEDCL PWDFR GLV L 500CSLT CS 227 A509P212 NITRIC ACID TRACE MTL 2.5L EA 228 19042201 CHEM/BIO GAS MASK LRG EA 229 0553832B TUBE CENT W/CAP 15ML 12/CS CS 230 1167614 MULTI-PURPOSE MAILER 12/CS CS 231 R08520 LWNSTN-JENSEN M GRUFT 100/CS CS 232 FB0875712 PETRI DISH 10OX15MM STACK 500 CS 233 5887532 KCL COND STD, 500 US/CM, 1 L EA 234 06718495 INLET SEALS 10PK PK 235 B14885 BOTTLED MEDIA 100GR EA 236 14168192H TUBING VINCON PVC 100FT/PK PK 237 270032 EDTA, 0.0100 MOLAR, 1 L EA 238 0666251 TIMER FISHER 99M595 EA 239 S47299 CLEANING TISH 4 X8 280/PK PK 240 0339715 TRGT C/T VIAL CLR 350UL 100/PK PK 241 0339116 VL 2ML CLR 10-425 SCRTHD 10OPK PK 242 19121677 ENFRCMNT CRTRDGE EA EA Note: Including the Hotlist Items there are over 1 million+ products from Fisher Scientific&Thermo Fishe The new Pricing for 2017 will be effective January 1, 2017 - Per the terms of the Contract the price changE Page 338 of 1712 n products, is available on the the Fisher Website at www.fishersci.com $ 10.42 CS $ 39.50 N $ 345.60 Y $ 38.59 CS $ - N $ 961.75 Y $ 204.17 PK $ - N $ 6,103.20 Y $ 35.61 EA $ - N $ 319.50 Y $ 60.41 PK $ - N $ 43,822.46 Y $ 154.98 CS $ 534.23 N $ 14,594.08 Y $ 11.64 CS $ 61.05 N $ 7,423.57 Y $ 44.57 CS $ - N $ 5,045.68 Y $ 26.26 CS $ 199.39 N $ 43,798.89 Y $ 31.64 CS $ - N $ 1,867.86 Y $ 130.95 PK $ - N $ 652.55 Y $ 30.89 EA $ - N $ 763.72 Y $ 26.28 EA $ - N $ 1,503.00 Y $ 127.37 CS $ - N $ 2,476.00 Y $ 12.87 CS $ 109.76 N $ 965.00 Y $ 20.15 EA $ - N $ 1,131.83 Y $ 31.54 EA $ - N $ 345.73 Y $ 94.09 CS $ 2,145.21 N $ 87.95 Y $ 216.07 CS $ - N $ 8,313.91 Y $ 119.50 CS $ - N $ 7,434.24 Y $ 16.71 CS $ 148.40 N $ 10,708.78 Y $ 39.41 PK $ - N $ 589.35 Y $ 20.60 CS $ - N $ 7,716.38 Y $ 96.92 CS $ 473.71 N $ 1,024.91 Y $ 84.43 EA $ - N $ 4,993.80 Y $ 138.41 CS $ - N $ 1,103.44 Y $ 20.12 CS $ 81.78 N $ 160.48 Y $ 6.27 PK $ - N $ 482.69 Y $ 90.88 CS $ 844.10 N $ 13,428.41 Y $ 41.65 CS $ 129.94 N $ 8,195.54 Y $ 16.48 CS $ 146.16 N $ 3,107.56 Y $ 52.61 PK $ - N $ 3,623.47 Y $ 83.66 EA $ - N $ 13,409.24 Y $ 11.75 CS $ 95.65 N $ 2,115.40 Y $ 11.43 CS $ 112.30 N $ 6,840.00 Y $ 19.41 CS $ 142.83 N $ 9,685.12 Y $ 11.15 CS $ 109.61 N $ 12,389.77 Y $ 128.72 CS $ - N $ 3,603.85 Y $ 214.25 PK $ - N $ 8,070.06 Y $ 420.31 EA $ - N $ 9,790.89 Y $ 12.44 EA $ - N $ 345.08 Y Page 339 of 1712 $ 33.22 CS $ - N $ 11,048.93 Y $ 47.00 CS $ 188.22 N $ 3,770.27 Y $ 168.37 CS $ - N $ 1,181.04 Y $ 73.50 CS $ 367.48 N $ 4,604.09 Y $ 72.77 PK $ - N $ 11,377.18 Y $ 28.70 EA $ - N $ 195.37 Y $ 24.12 CS $ 197.37 N $ 927.18 Y $ 16.68 CS $ 148.04 N $ 8,517.90 Y $ 134.31 CS $ 533.83 N $ 2,391.17 Y $ 4.25 CS $ 394.25 N $ 40.58 Y $ 31.00 PK $ - N $ 60.26 Y $ 37.52 CS $ - N $ 3,120.39 Y $ 104.98 CS $ 420.11 N $ 4,353.32 Y $ 26.70 EA $ - N $ 2,892.99 Y $ 175.60 PK $ - N $ 22,933.36 Y $ 31.45 CS $ 1,203.72 N $ 52,455.73 Y $ 6.21 PK $ - N $ 393.25 Y $ 103.66 PK $ - N $ 10,726.59 Y $ 16.37 CS $ 163.89 N $ 533.65 Y $ 121.67 CS $ - N $ 3,991.78 Y $ 7.71 CS $ 77.62 N $ 6,443.48 Y $ 17.82 CS $ - N $ 977.35 Y $ 42.93 CS $ - N $ 1,747.28 Y $ 146.20 PK $ - N $ 9,635.72 Y $ 32.47 PK $ - N $ 5,463.34 Y $ 17.42 PK $ - N $ 1,389.60 Y $ 22.29 CS $ 149.22 N $ 3,253.36 Y $ 27.63 PK $ - N $ 53.73 Y $ 18.54 PK $ - N $ 389.34 Y $ 26.99 PK $ - N $ 105.00 Y $ 9.59 PK $ - N $ 1,147.72 Y $ 11.44 CS $ 112.45 N $ 8,269.58 Y $ 68.60 CS $ - N $ 3,626.56 Y $ 71.86 CS $ - N $ 2,283.79 Y $ 23.07 CS $ 196.97 N $ 9,975.79 Y $ 119.82 EA $ - N $ 5,096.32 Y $ 270.88 PK $ - N $ 97,593.24 Y $ 127.44 CS $ - N $ 15,178.89 Y $ 58.52 PK $ - N $ 910.56 Y $ 10.98 CS $ 89.35 N $ 1,091.66 Y $ 4.61 EA $ - N $ 295.95 Y $ 58.46 CS $ 197.50 N $ 26,858.32 Y $ 6.35 CS $ 439.03 N $ 494.75 Y $ 28.82 CS $ 260.60 N $ 16,633.13 Y Page 340 of 1712 $ 18.54 CS $ 69.75 N $ 5,947.83 Y $ 73.29 CS $ - N $ 7,962.94 Y $ 17.58 PK $ - N $ 3,723.15 Y $ 12.17 CS $ 121.99 N $ 1,803.49 Y $ 97.02 PK $ - N $ 7,904.73 Y $ 39.95 PK $ - N $ 2,990.68 Y $ 103.16 CS $ - N $ 2,808.12 Y $ 3.51 PK $ - N $ 180.52 Y $ 36.54 PK $ - N $ 1,188.99 Y $ 118.26 EA $ - N $ 11,720.00 Y $ 23.88 CS $ 201.99 N $ 206.28 Y $ 32.25 CS $ - N $ 5,592.87 Y $ 61.28 CS $ - N $ 977.28 Y $ 55.18 CS $ - N $ 3,089.40 Y $ 64.39 PK $ - N $ 438.34 Y $ 44.21 CS $ 140.70 N $ 11,924.58 Y $ 1,328.25 PK $ - N $ 3,872.64 Y $ 77.48 PK $ - N $ 7,482.52 Y $ 11.31 CS $ 91.78 N $ 1,052.30 Y $ 19.32 PK $ - N $ 3,591.56 Y $ 208.84 PK $ - N $ 1,120.96 Y $ 37.26 CS $ 372.98 N $ 4,567.73 Y $ 24.36 CS $ 244.10 N $ 11,231.88 Y $ 55.86 EA $ - N $ 2,784.00 Y $ 8.00 CS $ 80.51 N $ 465.17 Y $ 11.36 CS $ 92.54 N $ 4,983.02 Y $ 118.34 EA $ - N $ 1,769.10 Y $ 61.17 CS $ - N $ 297.15 Y $ 12.59 CS $ 64.91 N $ 9,496.88 Y $ 168.46 CS $ - N $ 1,501.63 Y $ 103.42 EA $ - N $ 2,886.24 Y $ 12.56 CS $ 62.33 N $ 5,769.74 Y $ 49.56 PK $ - N $ 8,364.18 Y $ 37.66 EA $ - N $ 6,074.96 Y $ 32.55 EA $ - N $ 1,582.08 Y $ 65.57 PK $ - N $ 5,359.52 Y $ 4.37 PK $ - N $ 863.60 Y $ 32.42 CS $ 1,370.37 N $ 24,301.93 Y $ 43.48 CS $ - N $ 169.08 Y $ 42.43 PK $ - N $ 2,515.64 Y $ 35.21 CS $ 209.01 N $ 384.58 Y $ 101.01 PK $ - N $ 982.00 Y $ 16.42 CS $ 145.62 N $ 1,595.35 Y $ 89.90 CS $ - N $ 2,671.10 Y Page 341 of 1712 $ 78.25 CS $ 338.60 N $ 935.88 Y $ 57.80 CS $ 231.49 N $ 4,171.32 Y $ 168.57 CS $ - N $ 1,587.95 Y $ 32.49 CS $ 134.33 N $ 4,008.82 Y $ 26.06 CS $ - N $ 597.54 Y $ 8.57 PK $ 51.06 N $ 911.65 Y $ 12.86 CS $ 105.04 N $ 2,826.36 Y $ 117.13 CS $ - N $ 114.44 Y $ 39.94 CS $ 135.95 N $ 9,979.01 Y $ 51.82 CS $ - N $ 1,549.80 Y $ 45.98 CS $ 184.09 N $ 3,577.26 Y $ 51.31 PK $ - N $ 4,060.85 Y $ 15.64 CS $ 303.33 N $ 62.40 Y $ 322.22 PK $ - N $ 16,269.41 Y $ 115.74 CS $ - N $ 9,986.52 Y $ 23.55 PK $ - N $ 1,225.32 Y $ 9.13 CS $ 167.79 N $ 62.23 Y $ 31.41 CS $ 160.00 N $ 4,747.81 Y $ 18.34 EA $ - N $ 630.14 Y $ 58.13 CS $ - N $ 1,564.11 Y $ 7.91 CS $ 79.50 N $ 3,142.46 Y $ 24.93 EA $ - N $ 1,654.54 Y $ 23.34 CS $ 88.18 N $ 175.76 Y $ 84.53 CS $ - N $ 1,972.32 Y $ 14.20 PK $ - N $ 2,511.92 Y $ 1.63 CS $ 166.96 N $ 177.80 Y $ 40.42 PK $ - N $ 1,454.10 Y $ 89.80 PK $ - N $ 4,237.32 Y $ 26.50 EA $ - N $ 2,691.90 Y $ 20.61 EA $ - N $ 9,612.54 Y $ 119.56 CS $ - N $ 3,254.16 Y $ 102.90 CS $ - N $ 28,115.95 Y $ 11.49 CS $ 113.05 N $ 16,462.16 Y $ 12.55 CS $ 106.92 N $ 1,570.66 Y $ 45.33 CS $ - N $ 25,202.85 Y $ 168.55 CS $ - N $ 950.88 Y $ 23.70 PK $ - N $ 796.30 Y $ 5.46 EA $ - N $ 358.60 Y $ 8.77 CS $ 95.56 N $ 3,656.08 Y $ 22.76 CS $ 91.18 N $ 1,538.45 Y $ 12.21 EA $ - N $ 529.26 Y $ 8.60 PK $ - N $ 283.86 Y $ 18.45 CS $ 221.37 N $ 10,871.92 Y $ 34.30 PK $ - N $ 13,091.59 Y Page 342 of 1712 $ 138.63 PK $ - N $ 15,495.10 Y $ 33.02 CS $ - N $ 541.44 Y $ 84.37 CS $ - N $ 7,563.22 Y $ 5.96 CS $ 53.41 N $ 106.46 Y $ 8.44 CS $ 67.76 N $ 135.06 Y $ 6.90 PK $ - N $ 1,099.12 Y $ 91.68 EA $ - N $ 822.33 Y $ 7.88 CS $ 79.13 N $ 4,020.71 Y $ 248.08 CS $ - N $ 13,088.52 Y $ 71.15 CS $ - N $ 16,737.18 Y $ 97.00 CS $ - N $ 4,526.40 Y $ 94.36 CS $ - N $ 8,109.20 Y $ 62.65 CS $ 179.53 N $ 3,140.82 Y $ 95.40 EA $ - N $ 9,136.50 Y $ 30.58 CS $ 257.16 N $ 249.90 Y $ 32.25 CS $ - N $ 1,831.80 Y $ 159.01 CS $ - N $ 7,435.40 Y $ 22.77 CS $ 194.39 N $ 1,615.28 Y $ 97.31 CS $ - N $ 2,554.20 Y $ 25.06 CS $ 421.63 N $ 420.24 Y $ 74.80 PK $ - N $ 3,704.07 Y $ 31.82 CS $ 126.78 N $ 2,015.48 Y $ 19.90 EA $ - N $ 2,855.08 Y $ 147.18 PK $ - N $ 6,008.10 Y $ 11.43 CS $ 93.06 N $ 384.04 Y $ 20.82 CS $ 370.57 N $ 4,431.12 Y $ 37.27 CS $ - N $ 773.60 Y $ 70.51 PK $ - N $ 11,960.54 Y $ 60.16 CS $ - N $ 1,403.76 Y $ 7.05 PK $ - N $ 403.46 Y $ 12.62 PK $ - N $ 1,620.88 Y $ 65.60 CS $ - N $ 2,547.20 Y $ 88.04 PK $ - N $ 1,922.64 Y $ 9.87 PK $ - N $ 765.56 Y $ 109.95 CS $ - N $ 1,603.20 Y $ 89.85 CS $ - N $ 3,129.42 Y $ 110.72 PK $ - N $ 5,381.00 Y $ 70.88 PK $ - N $ 1,446.69 Y $ 106.15 CS $ - N $ 2,166.78 Y $ 29.43 CS $ 242.47 N $ 1,222.40 Y $ 81.78 CS $ - N $ 3,368.28 Y $ 39.96 PK $ - N $ 932.40 Y $ 6.68 CS $ 476.22 N $ 708.83 Y $ 93.31 EA $ - N $ 17,111.87 Y Page 343 of 1712 $ 11.45 CS $ 112.52 N $ 3,788.72 Y $ 34.17 CS $ - N $ 1,041.04 Y $ 21.03 EA $ - N $ 230.67 Y $ 128.72 CS $ - N $ 6,101.04 Y $ 266.42 CS $ - N $ 84,493.93 Y $ 106.07 PK $ - N $ 15,962.21 Y $ 137.10 CS $ - N $ 17,191.83 Y $ 223.45 CS $ - N $ 14,567.88 Y $ 277.59 CS $ - N $ 22,281.19 Y $ 133.82 EA $ - N $ 24,676.54 Y $ 351.94 EA $ - N $ 4,788.70 Y $ 200.89 CS $ - N $ 7,020.41 Y $ 121.18 CS $ - N $ 7,301.74 Y $ 718.21 CS $ - N $ 37,676.00 Y $ 135.81 CS $ - N $ 15,826.25 Y $ 26.76 EA $ - N $ 369.00 Y $ 256.70 PK $ - N $ 254.18 Y $ 277.77 EA $ - N $ 2,687.17 Y $ 115.24 PK $ - N $ 222.74 Y $ 10.80 EA $ - N $ 186.48 Y $ 15.39 EA $ - N $ 71.45 Y $ 4.14 CS $ 248.40 N $ 79.80 Y $ 107.35 PK $ - N $ 6,334.50 Y $ 18.96 PK $ - N $ 1,118.60 Y $ 28.22 EA $ - N $ 1,618.80 Y r under State of Florida Contract $ 1,475,534.32 in aggregate is capped at 1.6% Page 344 of 1712 I f iN isher scl"ent'I'flc part of Thermo Fisher Scientific To who it may concern, Boynton each Utilities has access to the State of Florida contact number 41120000-15-ACS and all of the terms and conditions held there in. For further details on this contract please refer to the following State of Florida procurement portal link: inibrination/state contracts an- agreemenv4afternate contract source/research labo2i!-�,,Ilor �SLI )Aies Sincerely, v,27 Francesca Rutter November 1, 2017 Page 345 of 1712 6.J. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve the ranking of the proposers as determined by the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Ric-Man International, Inc. and establish contracts in accordance with Request for Qualifications (RFQ) No. 037-2821- 17/TP for Central Seacrest Corridor Utility Improvements Phase I I and as per Florida Statute 287.055, Consultants' Competitive Negotiation Act(CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On September 5, 2017, pursuant to CCNA, Procurement Services opened five (5) proposals in response to the RFQ for Central Seacrest Corridor Utility Improvements — Phase 11. This RFQ was issued seeking qualified design/build (DB) firms to submit their team's qualifications to perform design build services to design, permit and construct improvements to the Forest Park Neighborhood and the Seacrest Boulevard corridor. The project includes but is not limited to potable water main replacements, reclaimed water main extensions, a wastewater forcemain extension and stormwater system upgrades, including landscape improvements along Seacrest Blvd., exfiltration trench installations, pavement overlay and miscellaneous upgrades to driveway aprons and sidewalks. After reviewing all proposal in accordance with the evaluation criteria contained in the RFQ, in a public meeting, the evaluation committee scored and ranked the firms and shortlisted: Giannetti Contracting Corporation, Ric-Man International, Inc. and Ric-Man Construction Florida, Inc. The Part 1 Ranking and Average Scores are as follows: FIRM AVERAGE POINTS RANKING (MAX. 100) Giannetti Contracting Corp. 85 1 Ric-Man International, Inc. 84 2 Ric-Man Construction Florida, Inc. In accordance with the process outlined in the RFQ, the Committee agreed by consensus to invite the three highest ranked firms and their teams to participate in oral presentations/interviews. Subsequent to the presentations/interviews, the evaluation committee independently scored each vendor and in a publicly noticed final ranking meeting held on October 25, 2017, the committee disclosed their scores for the presentations/interviews. The Final Ranking and Average Scores are as follows: FIRM AVERAGE POINTS RANKING (MAX. 100) Ric-Man International, Inc. 86.7 1 Giannetti Contracting Corporation 85.3 2 _Ric-Man Construction Florida, Inc. _ 80.3_ 3 Based upon these scores, the Committee unanimously voted to accept the rankings and recommended by consensus to prepare an agenda item to City Commission recommending approval of these rankings and authorization to proceed in negotiating a Contract for the first phase of the work with the first ranked firm: Ric- Man I nternational, I nc. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Page 346 of 1712 Approval of this request will allow City staff to begin negotiations with the top ranked DB firm to develop a cost for completion of the first phase of the project. The project will have the following benefits to the project area: • Potable Water • To improve water pressure, quantity and quality • To replace old and damaged pipelines • To improve fire protection by adding more hydrants • Wastewater collection • Provide improved transmission capability • Provide expanded service requested by Ocean Ridge area • Neighborhood Improvements • I nstall/Replace damaged sidewalks and driveway aprons • Provide roadway overlay • Stormwater • To reduce nuisance flooding after small storms • To help improve water quality by adding surface swales FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval until a contract for the first phase (along with subsequent phases) has been negotiated with the DB firm, and will be submitted to the Commission for approval. The existing funds are budgeted for this work in the City's 2017/18 CIR ALTERNATIVES: Not approve the recommended contractor as provided and request that a new RFQ for this project be advertised. This would delay the project several months. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Notice of Intent( inal Ranking D Attachment Sumary of Final Ranking Page 347 of 1712 Boynton Beach FROCUREMEATSERWCES 100 E RZMAon Beach Boulevard Cie Box 810 A�yrton Beach,Roiida 33429-0810 561-742-6310 F (561) 742-6316 NOTICE OF INTENT TO NEGOTIATEAWA SOLICITATION NO. RFQ NO. 037-2821-17/T SOLICITATION TITLE: CENTRAL SEACRESTC UTILITY IMPROVEMENTS—PHASE II (DESIGN/BUILD) ATE OF NOTICE: C 26,2017 At the Final Ranking meetingof October 25,2017,the Selection Committee for the above referenced solicitation scored and ranked the shortlisted firms as follows: RANIUNG: 1. RIC-MAN INTERNATIONAL, INC. 2. GIANNETTI CONTRACTING CORP. 3. RIC-MAN CONSTRUCTION FLORIDAINC. This Intent to Award will a presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to enter into negotiations with the first ranked itm: RIC-NL4,N INTERNATION ,INC. This Notice is conditioned upon and subject to the City of BoyntonBeach's reservation of rights as contained in the RFQ documents and approval by the City Commission. In accordance with Section - e Palm Beach County Code of Ordinances, the Cone of Silence remains in effectr this solicitation until award,rejection actionother s taken by the applicableend the solicitation process. by: s , , FCC�N �� Purchasing Amadca Is Page 348 of 1712 N Z ti CM cn Z 4- 0 CY) 'IT (Y) 00000000 0000 9 R 9 q 0 0 0 0 0 0 Q m 0) uw) -� 00 ci IL t- 00 C4 00 1- 0000 000000 CY)(D C14 a Cl) w LO 04 z 000 000 000 000 0 0 0 000 A 06 06 �06 06 06 06 6 0 Z z 000 000 000 Z 0 0 0 0 R q 9 C? q C? w z 0 x (6 C6 li CD 0 0 (0 LO I- iL- C4 C14 C4 C14 m m CN 04 04 w 0 > z 0 w w w 0 0 0 0 0 0 0 0 0 w zx 00 o 00 C14 0 0 lzr 0 LO >- 0 Cl) Cl) Cl) Cl) CN Cl) Cl) 'Ir Cl) C14 V; N C� r- 0 D m z CD w z 0 0 000 000 000 0 0 0 C? C? C? 9 9 C? z u ci L6 6 04 0 0) 00) M: x C4 C14 D LL 0 w V.) w w 0 Ixm m (1) o o 0 R < w a a w w M LL 0 410 d z 0 LL LLI 0 z -jE14 Z 0 z 0 E 07 rLD LL z it w LL 0 E E E Z'w z z w z z w LU I x x x Zw s W LD z 0 0 0 0 0 6.K. CONSENTAGENDA 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 17, 2017. EXPLANATION OF REQUEST: The City Commission met on September 19, 2017 and October 17, 2017, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Minutes Commission Minutes 09-19-17 D Minutes Commission Minutes 10-17-17 Page 350 of 1712 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY SEPTEMBER 19, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:36 p.m. Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag Vice Mayor Katz led the Pledge of Allegiance to the Flag. ROLL CALL Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested a discussion on Future Agenda Item G. He indicated on August 15, 2017, Commissioner Casello requested this item to be placed on the Future Agenda. Mayor Grant stated the item should be removed by the Commission and not by an individual Commissioner. Commissioner Casello asked if this was a City policy or a procedure. He requested clarification. how does it not take a vote to put it on the agenda; but it takes a vote of the Commission to take it off. Page 351 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Mayor Grant indicated he wanted transparency. If anyone wants to have a discussion on the item, it cannot be discussed because it violates the Sunshine Law. Motion Commissioner Casello moved to remove item G from the Future Agenda, seconded by Commissioner McCray, Vote 4-1 (Mayor Grant dissenting) Mayor Grant asked for a motion to approve the agenda as amended. 2. Adoption Motion Commissioner Casello moved to approve the agenda as amended, seconded by Commissioner McCray. Vote Unanimously approved. 2. OTHER A. PROPOSED RESOLUTION NO. R17-086 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018. Motion Commissioner McCray moved to approve, seconded by Commissioner Casello. Vote Unanimously approved. B. Conduct Second Public Budget Hearing for FY 2017/2018 Annual Operating Budget. PROPOSED RESOLUTION NO. R17-087 - Adopt the final millage rate for the General Fund for Fiscal Year 2017-2018. PROPOSED RESOLUTION NO. R17-088 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2017-2018. 2 Page 352 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Tim Howard, Assistant City Manager, indicated there were two resolutions before the Commission for approval. One was the final millage rate, the second, for the final budget for the General Fund and all other funds. Mr. Howard indicated the purpose was to adopt the final millage rate and the final budget for all funds. The total for all funds was $203M. The $83.2M was for the General Fund which ,makes up 41.2% of all funds. The City's actual tax increase was 6.43%. The State Trim calculations over the roll back rate would be 7.4224%. The average citywide property tax increase was 8.25%. The proposed tax levy was 7.9 mills; these adjustments were based on Commission actions. A recommendation of $118,000 was being requested. Lori LaVerriere, City Manager, explained that the City of Boynton Beach was still bargaining with Fire and the SEIU unions. Ms. LaVerriere indicated the City has budgeted a 2.5% pay increase for un-represented general employees. Ms. LaVerriere noted that she was unsure if a request for a budget amendment would be needed. Commissioner Casello inquired about the shortfall. Mr. Howard replied that it reduced the revenue on the revenue fund by $460,000 and it reduced the transfer out of Sanitation into the General Funds by $400,000. Commissioner Casello noted this created a shortage to the General Fund by $400,000. Commissioner Casello asked how the City would cover the shortage. He asked if the City could use the red light camera funds. Mr. Howard stated with the reinstitution of the red light cameras the City was able to move the 3 staff members' personnel cost to the Red light Camera fund, which was $181,000. This freed up and offset part of that $400,000. Commissioner Casello asked where the $118,000 was coming from. Mr. Howard responded this would be from the reserves which carried over from prior years. The General Fund had a fund balance of $16M of which $8.3M was set aside for emergency reserve. Commissioner Casello noted although it was a minimum amount, the City was dipping into the reserves to balance the budget. He asked about the vote on the sanitation ordinance. Ms. LaVerriere stated she believed that the vote failed on a 3-2. Commissioner Casello said the City continues to dip into the reserve to balance the budget. Commissioner Caselio asked if Commissioners on the prevailing side of the vote wanted to change their vote, was that possible. He asked if they so desired could they request a reconsideration of the vote. Mayor Grant stated that could be placed on the agenda. He said the Commission would need to amend the agenda for a reconsideration of the ordinance. 3 Page 353 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 James Cherof, City Attorney, indicated this could be done, but it cannot be at the same meeting. Commissioner Casello requested clarification. He stated even if the budget passes tonight, the item could come up at a later date for reconsideration. Mr. Cherof stated the passage of the budget was not-binding on that issue. Commissioner McCray stated in regards to the budget, he was not voting for the budget. He was tired of dipping into the City reserves to keep the City going. Mayor Grant asked for additional comments from the Commission. Vice Mayor Katz noted that there was a parcel of land that the City owns on Boynton Beach Boulevard. He indicated Habitat for Humanity was interested in acquiring the property. He understands this was not on the agenda, but he would ask not to just give away the property. He would urge the Commission not to pursue giving the property to Habitat for Humanity. Commissioner Casello indicated that he understands that 2 acres of land was on Nichols Drive. The City would like that as part of the consideration. Mayor Grant stated the City was not receiving any revenue from the property. Ms. LaVerriere asked if this item needed to be placed on the Future Agenda. Mayor Grant opened for public comment. Susan Oyer, 140 SE 27 Way, indicated she was all for this. This was a great idea. She hated that money was being taken out of the City Budget. The City needs to purchase another truck. Ms. Oyer stated that the only problem she has was that the trash does not have a schedule. Cindy Falco-DiCorrado, 316 NW 1St Avenue, stated that her trash has not been picked up for three weeks. After three weeks the recycling was picked up. This was prior to the hurricane. To give an increase for a service that was not received was very frustrating. She was against raising money for waste management. Commissioner Casello asked if she called the City and if so, to whom did she speak. Ms. Falco-DiCorrado indicated that her neighbor called many times. Commissioner Casello asked about the City of Boynton Beach's response. Ms. Falco-DiCorrido was told by her neighbor the City was coming. She indicated they never showed up. Her neighbor stated it was because they were not in an affluent area, so they were left behind. Commissioner McCray indicated that he heard the same thing. Commissioner Casello stated for the record, that he does not believe that anyone on the City of Boynton Beach staff would say such a thing. The department heads or the staff would never say anything like that. Commissioner Romelus stated she would echo that sentiment as well. She stated if there are some problems with staff please email Jeff Livergood. She continued to say Mr. Livergood takes his job very seriously. The City of Boynton Beach does not place a rank based on affluence. 4 Page 354 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Commissioner McCray asked the City Manager to follow up on what was being said. He indicated that the City has a problem with customer service. Mayor Grant indicated the property that Habitat for Humanity was interested in was currently not generating any type of revenue. If Habitat for Humanity expressed an interest it would begin to generate revenue from the homes being built. Mayor Grant indicated the City has been using Sanitation funds for years, and Sanitation has not been able to keep up with the internal needs of the fleet. Attorney Cherof read PROPOSED RESOLUTION NO. R17-087 - Adopt the final millage rate for the General Fund for Fiscal Year 2017-2018. Mayor Grant asked for a motion to approve the final millage rate. Motion Commissioner Casello moved to approve, seconded by Commissioner Romelus. Vote Unanimously approved. Attorney Cherof read PROPOSED RESOLUTION NO. R17-088 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2017-2018. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve, seconded by Vice Mayor Katz. Vote 4-1 (Commissioner McCray dissenting) C. Informational items by Members of the City Commission Vice Mayor Katz stated he had nothing to report. Commissioner McCray asked if the City could get the word out on how to separate garbage for pick-up. 5 Page 355 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Mayor Grant noted he was on national television, (MSNBC). On the 16th he attended the POW and MIA remembrance at Veterans Park. Also attended the County sponsored barbeque with Florida Representative Mack Bernard and County Firemen. Received comments on how the Public Works Department contacts residents. Mayor Grant suggested a volunteer list of emails and telephone numbers from City residents. . Attended the Historical Society of Boynton Beach and a talk was given from a Farmers Perspective. Commissioner Romelus said hopefully everyone was safe after the storm. Introduced the Mayor of Saint-Marc, Odelair Pierre, also the President of the Mayors' Association of Haiti. Commissioner Casello stated that this was his first hurricane. He had the pleasure to spend some time at the EOC and thanked the staff for the great sacrifices. On Saturday he was at the Green Acres Public Library. He spent some time with State Representative Lori Berman and Senator Jeff Clemens regarding FEMA disaster assistance. Commissioner Casello hoped that the City could have an area in Boynton Beach for FEMA sign up. Commissioner Casello read a public notice from the Golf Course relating to the new greens and reopening of the courses. Mayor Grant announced a Hurricane Irma Drive. Saturday, September 23, was the 1st Boynton Beach Art District event. That event was from 6-10 pm, there would be food, music and the art walk. Commissioner McCray stated he was concerned that the Boynton Beach Wildcats are losing revenue to the food trucks parked outside of the park. He requested the City Manager provide any policies relating to food trucks and the sale of food items at local events. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS. A. Announcement of recent national, state and local awards received for the City's marketing and program initiatives. Mary DeGraffenreidt, Recreation Parks Department Events and Program Manager and Eleanor Krusell, Public Communication Manager, announced that the City recently received 10 national, state and local awards for marketing and program initiatives. The City received 6 awards from the Florida Festival of Events Association. The Florida Festivals & Events Association (FFEA) supports event industry professionals through professional development, networking and educational opportunities. Since 1994, FFEA has grown to represent 500 members in the Special Events Industry in Florida including major festivals, fairs, non-profit organizations, Chambers of Commerce, tourism and government agencies. 6 Page 356 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Membership represents over 3,500 events with an estimated buying power of $198 million per year. Ms. DeGraffenreidt indicated there were over 400 entries. Awards were received for The Yappy Happy Hour, Police K9 Competition, Photo category, Recreation and Parks Volunteer program. Also received 3 d place for City's annual report. Eleanor Krusell, Public Communication Manager, indicated the City was notified last week they would receive a 2nd place award for the printed publication for its annual report. There were over 700 entries submitted and judged. Ms. DeGraffenreidt indicated she was proud to represent the City which prides itself on quality services. Mayor Grant stated that he wanted to congratulate staff for all of the work with updating the website with information regarding Hurricane Irma. Commissioner McCray thanked both Ms. Krusell and Ms. DeGraffenreidt. B. Proclaim October 5, 2017 as Energy Efficiency Day in the City of Boynton Beach. Mayor Grant read and presented the Proclamation to Rebecca Harvey. Rebecca Harvey, Sustainability Coordinator, accepted the proclamation. She was pleased residents are using less energy to provide the same services, by making improvement including more efficient appliances. She stated the cost and upgrades usually are recouped quickly. She stated this was an attractive first step, not only to reduce household and business cost, but to reduce carbon emissions. The City has a Climate Action Plan, which establishes the goals and strategies to reduce greenhouse gases and emissions. Through energy efficiency combined with other strategies, the City is meeting its goal. The City plan was to observe the Energy Efficiency Day through a social media campaign about the national organization with a light bulb challenge for the residents and businesses. She indicated that it also focuses in on the Energy Edge Rebate Program. This program uses revenue collected in the Green Building Program fund to supply rebates to homes. Noted that since the inception of the program the City of Boynton Beach has provided 49 rebates totaling more than $44,000. Commissioner McCray asked if this information would be on the City's website.. 7 Page 357 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27 Way, inquired if the City of Boynton Beach participated in CERT (Community Emergency Response Team). Ms. LaVerriere indicated that the City has a very strong program administered by the Fire Department. The Boynton Beach CERT has upcoming training. Ms. Oyer indicated other Cities are not aware of the City of Boynton Beach program. Mayor Grant requested that information be placed on social media, !etting the residents know there was new training coming up. Ms. Oyer noted the City does not have the City Seal behind the dais. Mayor Grant indicated that Mr. Groff will get a new seal. She understood there was a tree ordinance. She asked if this ordinance could be enforced? The City needed to do something about the tree problem. There were all types of trees everywhere. Some people were grandfathered in. This has become a problem and maybe we should begin enforcing the policy, not be allowing residents to plant trees under the lines. Cindy Falco-D!Corrado, 316 NW 1 Ave, wanted to make it known that on Searcrest there was an accident. She indicated 911 was called. Why did it take 20 minutes and two phone calls to get the police to the accident? She indicated the police station was a block away Mayor Grant stated seeing no one else coming forward, public comment was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Mayor Grant stated that no applications were received. 8 Page 358 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPROSED RESOLUTION NO. R17- 089 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2017-2018. B. Approve utilizing the Palm Beach County School Board contract #16C-7T with Stokes Mechanical Contractor, Inc. of Lake Worth, FL to replace coils and repair (2) two carrier package units for the West Water Treatment Plant in the amount of $48,542. PBC School Board procurement process satisfies the City's competitive bid requirements. C. Approve funding in the amount not to exceed $12,000 for a Commercial Rent Reimbursement Grant to South Florida Stairs, Inc., 2901 Commerce Drive NW, Boynton Beach, FL 33426. D. Accept the written report to the Commission for purchases over $10,000 for the month of August 2017. E. Legal Expenses - August 2017 - Information at the request of the City Commission. No action required. Commissioner Casello stated he asked to have the invoices published on the Consent Agenda. He was going through the invoices. There was an invoice for $1,790.50. He explained the hourly charges were $160 and $140. The City of Boynton Beach was being charged a parking fee of $1. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve, seconded by Commissioner Casello. Vote Unanimously approved. 9 Page 359 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 F. Approve the minutes from the Special City Commission Workshop - Update on Town Square held on August 21, 2017. Mayor Grant requested a motion to approve the Consent Agenda. Motion Commissioner McCray moved to approve the Consent Agenda, seconded by Commissioner Casello. Vote Unanimously approved. 7. BIDS AND PURCHASES OVER $100,000 A. Approve issuing purchase orders for the purpose of rehabilitating sidewalks in 11 separate projects that span 8 communities. Cobra Construction, Inc. of Boynton Beach in the amount of $136,608, plus a 10% contingency in the amount of $13,700 for a total cost of $150,308 and; The Paving Lady, Inc. of Boynton Beach in the amount of $18,000, plus a 10% contingency in the amount of $1,800 for a total cost of $19,800. This sidewalk project was divided into 11 projects in order to allow local businesses within Boynton Beach to quote on individual projects and to allow the city to award individual projects as opposed to issuing a formal bid for all projects together. Commissioner McCray thanked staff for putting this item on the agenda. Motion Commissioner McCray moved for a motion to approve, seconded by Commissioner Romelus. Commissioner Romelus inquired if this was part of the Building Wealth in the Community program. Ms. LaVerriere replied that this was the first step. She indicated that this would normally be a very large project. It has been broken down into 11 projects. This was the very first step in the changes to the City's procurement process. Commissioner Romelus informed the audience that the two businesses that have been awarded a contract were Cobra Construction of Boynton Beach and the Paving Lady of Boynton Beach. Both these businesses are from Boynton Beach. Ms. LaVerriere stated that sometimes there was a misnomer that local may cost a little more. She stated that the local businesses had the lowest bid. 10 Page 360 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Vote Unanimously approved. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-023 - SECOND READING - PUBLIC HEARING - Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the Future Land Use classification scheme, and establishment of the new R-4, Multi-family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. Attorney Cherof read by title only PROPOSED ORDINANCE NO. 17-023 on SECOND READING PUBLIC HEARING. Mike Rumpf, Planning and Zoning Director, indicated this was another installment to the proposed amendment to the Land Development Regulations (LDR) as required by the CRA Plan. Mr. Rumpf stated that most of the changes were for the titling within our Land Use and Zoning scheme. A more complete update would be available soon. This would be an all-inclusive Land Development Regulation. There are a couple of tables that were presented, which were taken directly from the CRA plan. Mr. Rumpf continued with the Summary of proposed amendments; the Moderate Density Residential Land Use classification was being eliminated. The zoning districts underneath it are being merged under the Low Density Residential classification. The Medium Density Residential Land Use classification density was being increased from 10 dwelling units per acre to 11 dwelling units per acre, because of the R-3 district which would correspond with the High Density Residential Land Use (HDRLU) being moved underneath the HDR being repurposed to correspond to the new density group of 15 du/acre. This splits the difference between what the City has as a high in a conventional group of 10 or 11 du/acre, and the 20 du/acre allowed under the Special High Land Use classification. He pointed out the new R-4 zoning district would fall under new High Density Residential Density. Mr. Rumpf indicated there were many changes to the titles. He stated currently the City use for the Mixed Use Low 1, Mixed Use Low 2, Mixed Use Low 3, and Mixed Use Core. These are being renamed to Mixed Use Low, Mixed Use Medium and Mixed Use 11 Page 361 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 High. Also one of those has a density adjustment of 40 du/acre to 50 du per acre. Some are splitting between the 20 du/acre on the low end and 80 du/acre on the high end. He noted there are no pending development applications for the new R-4 zoning. This was from the CRA Plan there was an area the High Density Residential new (HDR), which would have the R-4 correspond with it would be recommended in the vicinity in Heart of Boynton area, this would not be the only option. He continued to say the Workforce Housing Ordinance has been updated. There are some updates to the LDR with references to the new CRA Plan, edits to add clarity and eliminate redundancy. Mr. Rumpf noted the sections affected was the Zoning District and titles for the definitions, FLU and the Zoning District relationships, Building and site regulations and the R-4. Commissioner Casello indicated that the City just moved some numbers around. Mr. Rumpf replied that there was nothing hidden. Commissioner Casello stated for discussion purposes it needs to be very simple. Mayor Grant had a question on Table 3-1, would the townhomes fail under R-3 zoning. Mr. Rumpf stated that there may be some exceptions in the Code. The townhomes fall under the multifamily classification. Mayor Grant inquired as to the building heights, would R-4 and R-1 be the same. Mr. Rumpf indicated the R-1 was in the single family district which has a maximum height of 30 feet. R-3 Multifamily classification has a maximum height of 45 feet. In most respect there was a mirror of the R-3. Mayor Grant inquired for the duplex when the lot frontage was 75 feet; he asked if this was for each unit or the total. Mr. Rumpf stated that it was for the total. Mayor Grant asked if all multifamily units must have 100 feet footage, for the entire unit. Mr. Rumpf responded that multifamily was a project. Mayor Grant asked if a developer was building a 650 square feet building, could the square footage be reduced if it was in the R-4 district. Mr. Rumpf indicated not without an amendment. Mayor Grant asked if there was any downside in reducing the minimum in the R-4 district. Mr. Rumpf said there was a trend to downsizing. They would see it in the multifamily and the Mixed Use districts. There are minimum size limits in the Mixed Use district. Mr. Rumpf indicated they would take a closer look, during the audit. Mayor Grant opened the issue up to public comment. Susan Oyer, 140 SE 47 Way, indicated if this goes through, her family would potentially make money. She was personally against this. She asked the Commission to look at the long term impact for the potential misuse of the new R-4 zoning; it was already 12 Page 362 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 happening in Delray. She asked to pull the R-4 out of it. Who wants to wake up next to a four story apartment building? It would hurt her property values. Commissioner Romelus asked for an area in Delray that this was happening. Ms. Oyer stated that she had no idea. She can only assume that the construction has started and not yet completed. Commissioner Romelus asked if Ms. Oyer could give her an area in Delray. Mayor Grant inquired that he owned a 1/3 of an acre across the street, which would be in the HDR zoning area. He asked could that 1/3 of an acre potentially have a four story building on that parcel. Mr. Rumpf stated given the conviction and fear that was heard from the last speaker, regarding potential misuse, he stated that there was no correlation between what was being proposed in Delray Beach and Boynton Beach. Mr. Rumpf stated the City was not purposing the elimination of the zoning review criteria. He stated there still a due process. He said there would still would propose anything to be reviewed against the review criteria and the zoning regulations, such as compatibility issues, as well as density issues. He said an applicant can say that it was recommended in the CRA Plan; it would still come before Staff, the Board and the City Commission as an application. The answer was difficult. Anyone can petition for it, but it would be reviewed against the GRA plan, the Comprehensive plan and the zoning criteria. Mayor Grant said that he see that the R-1 maximum height was 30 feet, whereas the R- 2 was 25 feet, so you don't have a duplex where there is higher than 25 feet. Mayor Grant asked if the parcel of land he spoke about earlier had 100 square feet frontage, could a potential four units building have a height of 45 feet. He also asked if this was currently allowed. Mr. Rumpf stated they could petition for the rezoning, and a Land Use reclassification. Mayor Grant asked if this was not a permitted use. Mr. Rumpf indicated this was a residential project, if the project met all of the criteria of the R-4, it would be permitted. The entry point is the rezoning and the Land Use classification process, which gives the City the highest scrutiny in reviewing. he continued to say this was not a planned district it was a rezoning. Anything that would be allowed in it would be reviewed as a quasi-judicial process, consistent with the LDR. Mayor Grant asked if a one story house next to a four story multifamily house, which is currently in the process, because this would be an older section of the community, what would be the distant that was allowed. Mr. Rumpf stated that the R-4 do not have any type of little twist, he stated they would be allowed. Mayor Grant stated that they would be allowed to build up to the four stories. Mr. Rumpf stated if it was zoned R-4, what would be the recommendation. Mr. Rumpf stated the Future Land Use zoning would be High Density Residential. Mayor Grant stated that was part of the Future Land Use (FLU) it would not necessarily going to be zoned to R-4. He inquired if someone wanted to make it into a duplex or an R-3, is that something that would be allowed if it was zoned R-4. Mayor Grant asked if 13 Page 363 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 this was currently zoned as High Density Residential (HDR). Mr. Rumpf replied that was the recommendation. Mayor Grant noted that it was currently zoned mostly R-1. Mr. Rumpf replied the current zoning was R-1 or R-2. Mayor Grant asked if it can go from R-1 to R-2 if the Future Land Use is R-4. Mr. Rumpf replied that R-4 was zoning, so the Future Land Use would be HDR, if it was HDR in R-4 the applicant could build town homes underneath it as well. Mayor Grant asked if it is in the FLU is HDR or the new R-4 and it was currently zoned as R-1 or R-2, can the applicant get the R-2 or the R-3 zoning, or is it only from R-1 to R-4. Mr. Rumpf replied staff frequently was confronted with question on which properties can be developed as. The first thing that is done was to look at the CRA Plan, if it was within the CRA area, to see what the recommendations are. There may be strong recommendation from staff, it is either you are in compliance and staff would support or not in compliance then staff would not support. Mayor Grant stated that he would be voting against this, if you could only go to R-4 from R-1 that is currently zoned. Mr. Rumpf indicated just because it was recommended does not mean that it would be put into place. The City would need to go back and revisit. This was the recommended Land Use pattern. If someone came in with something that was against the vision of the CRA plan, they Commission could vote against it. Mayor Grant stated allowing the possibility, does not automatically allow R-4 being built. Commissioner Romelus asked if it was possible to place a conditional use on a property. She explained if a developer wanted to use the R-4 zoning it must be contiguous with what was already there. She continued to say she did not want a developer to come in and buy up pockets of land and apply for an R-4 zoning designation. Mr. Rumpf indicated that that would not be the recommendation. The question becomes how long the Land Use continue, when you are trying to redevelop the area. That would prevent the City from implementing any plan. The CRA had the same issue, to prevent the incapability, if they do not move out that last property. It could be changed when the price is right or the property was passed on to an heir. Commissioner Romelus noted if someone accumulates property, how can the City prevents the person or company from building a condo or an apartment building in the middle of single family homes. Mr. Rumpf explained the Commission has the right to review criteria. The criterion was very stringent. Commissioner Romelus surmised when the developers have met all criteria, they could build. Mr. Rumpf cautioned if their positioning was off, then the project would be incompatible. Commissioner Romelus asked what can be done if the positioning was off. Mr. Rump noted if there are criteria that can be used to deny permits, then the permit can be denied. Mayor Grant indicated the HDR is in the Cottage district. 14 Page 364 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Mayor Grant asked for a motion to approve Ordinance 17-023. Motion Vice Mayor Katz moved for a motion to approve, seconded by Commissioner McCray.. Vote City Clerk Pyle call the roll, the vote was 5-0. B. (1) PROPOSED ORDINANCE NO. 17-024 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR 17-002) from Local Retail Commercial (LRC) to Mised Use High (MXH). Applicant: Arthur B. D'Almeida Attorney Cherof read by title only PROPOSED ORDINANCE NO. 17-024 - SECOND READING PUBLIC HEARING . Bradley Miller, Miller Land Planning, requested to present all items at once. He also stated the Items D & F should be removed from the table. Mayor Grant advised he was ok to have these presented at the same time. Attorney Cherof stated that they would require separate discussions. Mayor Grant asked for a motion to remove items D & F from the table. Motion Commissioner McCray motion to remove item D & F from the table, seconded by Vice Mayor Katz. Vote Unanimously approved. Mr. Miller indicated this project has gone through the review process. The process was started about two years ago. He stated through the CRA redevelopment plan process, this has been broken down into two different projects. He continued that there was a Land Use amendment, Abandonment of rights of way and alleys. These are old paper alleys. These are housekeeping issues. The redevelopment plan for the north parcel has this area as Mixed Use High. The Mixed Use High allows density of 100 units per acre and a maximum height of 150 feet. The southern parcel was designated as Mixed Use Medium. It corresponds with the Town Square property. In the application it was 50 units per acre, with a density bonus 15 Page 365 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 for TOD. The train station would be located in the center of the TOD, allowing for the density bonus. (Commissioner Casello left the dais at 7:56 pm return 8:00 pm, Commissioner Romelus left dais at 8:00 pm returned at 8:04 pm) Mr. Miller indicated that he would begin with item B and D, the abandonment covers both. We are requesting a Land Use amendment to go from local retail commercial to Mixed Use High, follows the CRA development plan and recommendations. He wants a rezoning from C-3 and C-2 to mixed use core. This was a mixed use project. From a residential point, it serves that market for that space, the project access, the access point was on Third Street was on the west side of the property and the railroad would be on the east side. The third street area was chosen street rather than using the Boynton Beach area. The pink arrows are the pedestrian lead to allow the resident or visitor to enter or exit the property. He continued along the road way stating there was a connection. He stated that they have pedestrian zones, and retail space. On the east side of the property it was fenced, this was for safety purposes. He stated there are 79 trees required, of which 72 are shade trees. He showed the ground floor footprint. There was a corner accessible, the yellow was accessibility units, the darker blue areas was the recreational area, the club house, the spinning room, fitness area, it would be a great space for the residents to use. It fronts onto Boynton Beach Boulevard. The commercial space was just less than 4000 square feet; a little more than 8000 feet was along Ocean Avenue. The gray area was the parking garage. There are about 644 parking spaces within the garage. Commissioner Casello inquired about the commercial space on Boynton Beach Boulevard and asked if there would be some on/off-street parking. Mr. Miller indicated there are three on street parking spaces along Boynton Beach Boulevard. There are 10 or 11 spaces on 3rd Street; also there was parallel parking along Ocean Avenue. He stated when you get into the upper residential floors there was a diversity from studios to 3 bedroom apartment. The elevations are looking from Ocean Avenue. The tallest spot would be on Ocean Avenue. Commissioner Casello asked if that was commercial space on the second floor. Mr. Miller confirmed. Once it steps backs it goes to about 63 feet. This was the area of commercial space along Ocean Avenue. All units have balcony or patios. Commissioner Casello asked if the walkway was going to be lighted. Mr. Miller confirmed it would be lighted. In the nighttime hours it maybe gated off. He indicated the City staff requested that the gates be removed. Commissioner Romelus asked if the walkway was concrete. Mr. Miller replied that it was crushed shells and landscaped. 16 Page 366 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Mr. Miller pointed out the there was a medium residential area that would face the tracks. In the previous meeting a few questions came up regarding retail space as well as the size along the Ocean Avenue. Mayor Grant inquired if there was a difference with live/work or work/live? Mr. Miller stated that there was no difference by Boynton Beach Code. Commissioner McCray noted when he met with everyone he was in agreement with the 79 trees. After the hurricane; he saw so many trees down, that he wanted to place less trees. He believed that they were coconut trees. Mr. Miller indicated that the type of palms being placed were Sabal Palms and Sylvester Palms. Commissioner McCray stated that he saw coconuts in the roadway after the hurricane. Dave Volker, 601 North Congress Avenue, explained that the landscape would have Cathedral Live Oak on 3rd and Ocean. The corners of the plaza would have some Sylvester Date Palms. He indicated the plaza off of 3rd would have some Foxtail Palms. Commissioner McCray inquired how long does it take for these plants to take root. Mr. Volker stated that Live Oak were the toughest trees. Mayor Grant indicated that it does have to do with the maintenance of the tree. He continued to say that the trees needed to be pruned before June or July, before the hurricane season. Mr. Volker reported what was planned to be placed in the ground was the Cathedral Live Oak. They grow more vertical, you will not get the canopy effect. Commissioner Casello asked about the height of the trees. Mr. Volker indicated they would grow between 35-40 feet. Mr. Miller indicated he had some exhibits for the live/work units. The commercial space was on the ground level. Internally there were stair cases that lead to the residential area above. The way in which the City Code read now, the residential must have a business tax receipt on the ground level. What they envisioned was an artist or other professionals. Our suggestion would be to convert that commercial space to a live/work space. Mayor Grant wanted the number of parking spaces. Mr. Miller stated that there are 644 parking spaces in the garage. Mr. Miller said the first floor was open to the public. Mayor Grant asked if there would be a short time parking for delivery or Uber.. Mr. Miller stated that there would be a space in front of the office. 17 Page 367 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Commissioner Casello asked if the businesses would have some type of valet services. Mr. Miller indicated that it could have some type of valet situation. We are hoping for that type of growth. He feels that the space would be adequate for parking. Commissioner Casello asked about the three spaces in front of the business, did he feel that would be adequate parking. Mr. Miller noted there was parking on the street as well as in the garage. Commissioner Casello asked if business customers would have a time limit on parking. Mr. Miller advised no decision has been made at this time. It would be controlled with management. Mr. Miller informed the Commission he was ready to address items B and D. He was ready to proceed to the southern parcel. Mayor Grant opened the issue for public comments. Cindy Falco DiCorrado, 316 NW 1 Avenue, stated most of the community seem to like the Mediterranean contemporary look. She asked this design flow with the presented style. She understands that on the east side it would go lower, with the recessed backing. With the new downtown area, would there be continuality. Mr. Miller stated that the City requested a Coastal Village theme. Juan Caycedo, Architect, 14 SE 4 Street, indicated the idea was to create a village on Ocean Avenue, the scale will be maintained. The building would be articulated. Ms. Falco-DiCorrado stated the building that she was looking at looked very contemporary. Commissioner Romelus stated that she believes what she was referring to was Town Square. Ms. Falco-DiCorrado stated this was shifted. She said it does not feel a part of the whole project. Mr. Caycedo noted that with the creation of the City of Boynton Beach new downtown area, it would fit in very nicely. He indicated that the building was very traditional, but would fit in with the Town Square project. Susan Oyer, 140 SE 27 Way, wanted to know what happened to former Commissioner Fitzpatrick's questions about train access. He asked if there would be some type of adaption from Boynton Beach Boulevard. If the City was pushing for the train station, they should create access. She suggested that privately held condo buildings on the corner of Ocean and third, the City could possibly purchase those units from the developers, and then make those into green space. What was the status on the paints, if we are this great green City, why are we doing color and paint wise? Are we doing solar panels on the roof? There was not enough handicapped parking. The bulk of the population was elderly. They would need additional handicap spacing. Ms. Oyer continued and asked if the City would be adding any charging units/stations to the garage. She stated this was a great plan. (Commission McCray left dais 8:38 pm) 18 Page 368 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Mr. Miller stated that the handicapped parking space was a federally regulated program in which the developer complies with all regulations. The condo building and the pocket park, there are two other property owners, in addition with the D'Almeda's, there was another owner of a unit. Mr. Miller stated his client was open to discussion regarding the sale of the condo units. Regarding the train accesses were across the railroad crossing. He indicated there were some safety issues. The FEC has placed fences for safety purposes. Ms. Oyer asked if the parking garage side would be open to pedestrians to walk across the tracks. Mr. Miller indicated that it would be closed. Mayor Grant asked if there was a cover. Mr. Miller indicated yes. (Commissioner McCray returned 8:43 pm) Ms. Oyer asked if the developer was going to use reflective paints. Mr. Caycedo indicated that paints have not been chosen. The developer indicated that they have not looked into the solar panels on the roof. The market was really calling for the electric stations for cars. He indicated that this was a market driven response. Commissioner Casello said that in conjunction with Town Square, would the Village be tied into that. Mr. Miller replied that it would benefit the project to use the chiller plant. There are plans to plug into the chiller. Commissioner Romelus asked if there were any design changes needed to work along with that energy system. Mr. Caycedo indicated they would need to have more input from the staff, of what was being designed. Hopefully that would be in place before the building was completed. Colin Groff, Assistant City Manager, stated the City had not met with them as of yet. He stated they will get with them within the next week. He noted the City can provide the services, but they needed to receive the approval first. The project could move forward with hooking up to the chiller. Commissioner Casello asked if this goes through, when the shovel in the ground, will be ready to break ground. Mr. Miller remarked his client has been waiting for two years. Vice Mayor Katz inquired if the City entered into the agreement with the new power system for properties outside of the City limits, how the City make sure that the language is in the agreement that the savings are passed on to the residents. Mr. Groff indicated the City was working on that now. In rental units, it was difficult to say. When residential units are done, it could be a single bill to the owner and they put it into the rent. They can use a sub-meter. What was happening now, the City was building a rate structure and plan. The idea was to bring the cost to them that would be a little bit less. 19 Page 369 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Mr. Miller stated that in summary on the North parcel, Land Use change, there are two changes with converting a retail space to live/work space along Boynton Beach Boulevard which would require a condition of approval, as well as the modification to expand the plaza area on Ocean Avenue, which would require a condition of approval. Mayor Grant asked for a motion to approve Ordinance 17-024. Attorney Cherof read PROPOSED ORDINANCE NO. 17-024 - SECOND READING - PUBLIC HEARING — by title only. Motion Commissioner McCray moved to approve, seconded by Commissioner Romelus. Vote City Clerk Pyle called the roll. The vote was 5-0. (2) PROPOSED ORDINANCE NO. 17-025 - SECOND READING - PUBLIC HEARING - Approve the Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida Attorney Cherof read PROPOSED ORDINANCE NO. 17-025 - SECOND READING - PUBLIC HEARING — by title only. Mayor Grant asked for a motion to approve Ordinance 17-025. Motion Commissioner McCray moved to approved, seconded by Commissioner Romelus. Vote City Clerk Pyle called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 17-026 - SECOND READING - PUBLIC HEARING - Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17- 006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. 20 Page 370 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Attorney Cherof read PROPOSED ORDINANCE NO. 17-026 - SECOND READING - PUBLIC HEARING - by title only. Mayor Grant stated that he spoke with Andrew Mack, Building Director, we are not giving the property directly to the Villages of Boynton the City will be giving the property to the property owners. Because of the development that was going through, they are in charge of paying for all of the utilities underneath. The City of Boynton Beach is going to get improved with all the utilities underground as well as the value of the property that was above. Mayor Grant asked for a motion to approve Ordinance 17-026 Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. The vote was 5-0. D. Approve The Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17- 003) request for a mixed-use development consisting of an eight (8)- story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida. Mayor Grant asked for a motion to approve with the additional request with the 400 square feet and the live/work on the retain option on Boynton Beach Boulevard. Motion Commissioner McCray moved to approve, seconded the motion with the conditions of approval by Commissioner Romelus. Vote City Clerk Pyle called the roll. The vote was 5-0. Mayor Grant stated he would like to place those two additional requests, of adding the extra plaza space of 400 square feet and adding the live/work on the retail option along Boynton Beach Boulevard. Mike Rumpf stated staff supports the applicant expanding eastward on Ocean Avenue, that was consistent with the regulations. However, on Boynton Beach Boulevard staff does not see a live/work unit in compliance with the commercial requirement on 21 Page 371 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Boynton Beach Boulevard. Mr. Rumpf indicated that would require some type of relief, which staff would not recommend. The other option would be some amendment to the regulations. This can be done if the Commissioner would prefer. This may be challenging to write in such a way that it does not have a ripple effect to deteriorate the vision in the main corridor downtown. Commissioner Casello asked what the difference was if someone was commercial space downstairs and lives above it. Why was this a big deal? Mr. Rumpf replied the applicant was speaking about a destination type use. A client knowing where they are going does not contribute as a destination type use. The live/work unit will be very small. There are restrictions in the live/work units; there are regulations on the parking and the size. Commissioner Casello stated that if history says anything, the City of Boynton Beach was setting the project up for failure. There are only three parking spaces. Most people want to park near the front door of a business. He said they are not going to go around the building to park. He indicated this would be best as a commercial space. Mayor Grant indicated with retail we are asking for minimum wage to man the cashier. With the live/work you can have the higher end professional use for office space. The City has a lot of commercial space, because we are moving into mixed use. Commissioner Romelus's main concern was the railroad track. She asked who would stop on the back of the building to get coffee. She indicated her preference would be live/work. Mr. Rumpf wanted to explain staff's rationale. Staff has seen the mistakes that have been made. What they wanted was to be visionary. There needs to be widening of the streets, and there was not enough pedestrian space. Mr. Rumpf continued to say that in Delray if you drive along Atlantic Avenue, it was very difficult to find parking. The City does not what to have that type of parking problem. Commissioner Romelus noted she hears and understands, when speaking about intensity and pedestrian traffic, she envisions Ocean Avenue being that hub. On Boynton Beach Boulevard, regardless of how wide the streets are, the speed limit would be 35 mile per hour. Vice Mayor Katz asked if this would set a precedent for future development on Boynton Beach Boulevard. They can request non-commercial but, put the live/work units only. Mr. Rumpf stated that it could be challenging. Staff are reviewing Town Square now and applying those same types of standards. We are asking for retail, closet space on Ocean Avenue and retail present on Boynton Beach Boulevard. 22 Page 372 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Commissioner Romelus stated that regulations remain the same, we do not change regulations. This was just a conditional use agreement. It does not apply here. Mr. Rumpf indicated the current regulations state commercial present on the arterial road ways, which are Boynton Beach Boulevard, Federal and Ocean Avenue. Those three corridors are very specific in calling out commercial use. Commissioner Romelus said she would still say keep that in place and put in a conditional agreement or conditional use. Mr. Rumpf indicated that would be in conflict with the regulations the Commission adopted. Commissioner Romelus understood that was what conditional agreements are for. Mr. Rumpf stated that may be a developer's agreement. Mr. Miller indicated that in the Code for live/work, this provision of having commercial on the ground level. In the live/work regulations there are two sections, one for the suburban mix use, like Renaissance Commons and they are all commercial uses. In the mix use urban area, it Just says any permitted uses in the zoning district. Mr. Miller indicated there can be retail use there. It was like any other shopping center. The live/work satisfies both. Vice Mayor Katz stated that he does not have any strong feelings. If you go commercial and it does not work out. It could easily be converted into live/work. The odds are it would never become commercial. His concern was that Boynton Beach Boulevard was supposed to be a commercial road way. It was not enough parking unless there was a parking lot. It would be setting precedence. It would appeal to professionals. He could see the area not becoming true commercial. He indicated he would like to see the developers take this risk. It could turn that area into a live/work area. Andrew Mack, Director of Development, stated that flexibility was what the Commissioner was speaking of. Being this was the second reading, approving it with commercial and allowing for future flexibility would be the way to go. The City should be allowing the live/work; we look at the live/work at the audit. At that point the Commissioner could amend that plan. Mayor Grant asked if Mr. Mack was making it a developer option and direct staff to review. Then staff could come back with other options and the City would have a balance. Mr. Mack agreed the City need to have a balance. Mayor Grant noted live/work brings high paying jobs, retail does not have high paying jobs. He does not have a problem with either commercial or live/work. Commissioner McCray said that the Commission wanted it to be a commercial hub; we need to stick with the path. Vice Mayor Katz stated to recap, this would be the first building on Boynton Beach Boulevard to deviate on speculation. Any developer could come and make the exact same argument. Once enough buildings do not conform, no one would want to conform. The bottom line, and through various other plans that were made, the City has 23 Page 373 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 been more than generous to the project as a whole. It was not abandoning Boynton Beach Boulevard, but it was a sign for future development. The first piece of development that we are putting there was not going to be what the City intended. Mayor Grant asked for final comment. Commissioner Romelus voiced her disagreement that the City was willing to let them fail, let their building fail, then come back and readdress. She stated she would rather provide the developers with options. Vice Mayor Katz said that he believes it would be successful. He was not saying build something, then let it fail, then readdress. Right now Boynton Beach Boulevard was successful. Commissioner Casello asked what type of cost would there be to go from commercial to live/work or go to commercial from live/work. Was this doable? ,Juan Caycedo, Architect, stated that anything was doable. He does not have a number relating to the cost of conversion. It was difficult to do once the building was up. Commissioner Casello agreed with Commissioner Romelus. He did not think this project would not be successful as a commercial venture. He understands what the other Commissioners have voiced. He believes live/work would work better. Commissioner Romelus said in terms of conversion, can the live/work be converted to commercial. Mr. Miller stated there are some uses that cannot be converted. He continued to say uses that maybe hazardous, or a nuisance, there are some qualifiers. He noted he was trying to make everyone happy; it was commercial space on the ground level. Commissioner McCray noted that the City wants a viable down town. Let them build; he indicated the City of Boynton Beach has someone who was willing to build. Commissioner Casello asked how the places would get a delivery. Mr. Miller replied for that particular space, there was a loading area near the dumpsters. Commissioner Casello indicated that they would park down Third Street. Mayor Grant asked for a motion for the live/work conditional use on the Boynton Beach Boulevard. As the first condition of approval. Motion Commissioner Casello moved to approve seconded by Commissioner Romelus with the conditional used as stated. 24 Page 374 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Vote City Clerk Pyle called the roll. The vote was 3-2 (dissenting Vice Mayor Katz and Commissioner McCray) Mayor Grant asked for a motion to allow the extra open area on Ocean Avenue. As a second condition of approval. Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello with the conditional use as stated. Vote City Clerk Pyle called the roll. The vote was 5-0. Mayor Grant asked for a motion to approve the Final Site Plan Modification. Motion Commissioner Casello moved to approve, seconded by Commissioner Romelus. Vote City Clerk Pyle called the roll. The vote was 5-0. E. (1) PROPOSED ORDINANCE NO: 17-027 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17-003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida Attorney Cherof read PROPOSED ORDINANCE NO: 17-027 - SECOND READING —by title only. Mr. Miller indicated the area that the Commission was reviewing was a little over 1.5 acre. There will be 35 units. He continued there would be a pedestrian corridor on NW 3rd street. There would be surface level parking. On the ground level would be commercial space. He indicated there would be three story townhomes and the developer has incorporated the oldest house into the City into the plans. Mr. Miller stated his client was in the process of renovating the Andrews House. Commissioner Casello asked if the Andrews House could be used commercially. Mr. Miller indicated the Andrew House could be used as a Civic Center, or it could be moved to a different location within the City. He stated that this was opened for 25 Page 375 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 discussion. Commissioner McCray asked if anyone closed the Andrews House up for the hurricane. Mr. Miller replied that the building was secured by the developer. He gave an overview of how the units would look and the height of the floors. Vice Mayor Katz inquired if it was possible to move the house in the future. Mr. Miller replied to remove the Andrew House the decision needs to be made before the townhomes are built. Commissioner Romelus inquired about the placement of charging stations. Mr. Miller replied this was market driven. Commissioner Casello asked whether there are pavers in the intersection. Mr. Miller stated that on Ocean Avenue there will not be any sidewalk curb. He indicated what they were planning was for the intersections to have pavers. Mayor Grant opened the issue for public comment. Cindy Falco-DiCorrado, 316 NW 1 Avenue, indicated that she liked the style being presented. Susan Oyer, 140 SE 27 Way, indicated when she saw the original plan, it appeared that with these townhomes could end up with an older crowd. She asked if there were enough handicap parking spaces available. Mr. Miller replied the great part about the townhomes was there are designated spaces in the garage. They are not designated handicapped but for the unit. He believes that there was handicap parking on the street. There are three parking spaces that are on surface plus the townhomes have their own parking. Ms. Oyer asked about the electric charging station. Mr. Miller indicated that the electric charging station will be incorporated into the design. Mayor Grant asked for a motion to approve. Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. The vote was 5-0. 26 Page 376 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 (2) PROPOSED ORDINANCE NO: 17-028 - SECOND READING - Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi- family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida Mayor Grant asked for a motion to approve. Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. The vote was 5-0. F. Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Arthur D'Almeida. Mayor Grant asked for a motion to approve. Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello. Vote Unanimously approved. G. PROPOSED ORDINANCE NO. 17-029 - SECOND READING - PUBLIC HEARING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. (Ordinance number changed from 17- 022 to 17-029 - scrivener error) Attorney Cherof read PROPOSED ORDINANCE NO. 17-029 - SECOND READING - PUBLIC HEARING by title. 27 Page 377 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Shane Kittendorf, Building Official, stated the objectives of the Community Rating System (CRS) recognizes and encourages community flood plan management activities that exceed the minimum NFIP standards. Besides the benefit of reduced insurance rates, CRS flood plan management activities enhanced public safety, reduced damages to property & infrastructure, avoided economic disruption, reduced human suffering, and protected the environment. Flood maps are used to help determine flood insurance and building requirements. Flood maps are being updated to incorporate the latest and most accurate information into the maps so that they better reflect the risk. He continued to say that Federal Law requires that if your property is in a flood area federally insured mortgage flood insurance is required. Mr. Kittendorf continued with the time line. FEMA issued flood insurance rate maps (FIRM) and Flood Insurance Study (FIS) in 1982. FEMA completed a re-evaluation of flood hazards in Palm Beach County on August 18, 2014. FEMA conducted four (4) public workshops; one (1) in Boynton Beach to view, obtain assistance, and ask questions. Notice was published in various newspapers and Federal Register. The 90- day appeal period ended and no appeals were received. FIRM maps and FIS will become effective as of October 5, 2017. The key changes include reorganization and update of flood definitions for compliance with NFIP, reorganization and update of flood requirements for compliance with NFIP, striking of redundant provisions now in the Florida Building and Residential Code. Added requirements for flood variances according to NFIP were clarification of designated Flood Plan Administrator and duties, listing of specific federal and state permits that may be required, requirement of development permits for other buildings and structures that are exempt from Florida Building Code. Adoption by reference the October 5, 2017 FIRM Maps and FIS reports. Mr. Kittendorf noted the 1982 flood map of Boynton Beach Leisureville was a major area that currently is located in a flood hazard area. Residents have applied for Letter of Map Amendments (LOMA), to take their homes out of the flood hazard area. He indicated with the new maps, the entire Leisureville area was no longer in a flood hazard area. He wanted to clarify if there was sustainable amount of rain you could have flooding whether or not there was a designation of a flood zone. Mayor Grant inquired in January 2014, when the City of Boynton Beach received 20 inches of rain, he wanted to know if the Leisureville area flooded. Mr. Kittendof stated that with that amount of water it would most likely flood. The ground can only absorb so much water. He said even if not in a flood area, it would not be unusual to flood given 20 inches of rain. Commissioner Casello asked about the elevation of Leisureville. Mr. Kittendof replied Leisurevile was 5 or 6 feet above the base fine currently. He said that most of the homes in that area were built between the years 1950-1960. The homes are of the same size. 28 Page 378 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Commissioner McCray asked about 2014, did it flood in Leisureville. Mr. Kittendof again stated that he did not know the status back in 2014. He informed the Commission in Hallandale Beach it did not flood. Mr. Kittendof continued to say the amendments will satisfy the mandatory requirement of the NFIP. This would enhance public safety and protect the environment, reduce damages to property and public infrastructures and avoid economic disruption and losses; ultimately reduce human suffering. Mayor Grant opened up to public comment. Seeing none, Mayor Grant sought a motion to approve. Motion Commissioner Romelus moved to approve seconded by Commissioner McCray. Vote City Clerk Pyle called the roll. The vote was 5-0. H. PROPOSED ORDINANCE NO. 17-020 - SECOND READING - PUBLIC HEARING - AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. (Second Reading advertised for September 19, 2017) Attorney Cherof read the PROPOSED ORDINANCE NO. 17-020 - SECOND READING - PUBLIC HEARING by title only into the record. Andrew Mack Director of Development stated that he has the old presentation; he would answer any questions the Commission may have. Mayor Grant asked if there were any differences from the first reading. Mr. Mack stated that there were no changes from the first reading. Mayor Grant indicated that this was the third time voting on this workforce amendment. We are moving forward with our Work Force Housing amendment. Mr. Mack indicated the first reading was on August 15, 2017. Mayor Grant opened up for public comment. Susan Oyer, 140 SE 27 Way, indicated that she was no longer in agreement for workforce housing. She requested the Commission to please go back and listen to minutes of the Planning and Development meeting. Mayor Grant asked for a motion to approve. 29 Page 379 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. The vote was 5-0. Commissioner McCray stated that Commissioner Casello needed to vote on 9A. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Discussion relating to the future of the Building Board of Adjustment and Appeals - October 3, 2017 B. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- October 3, 2017 C. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD D. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD E. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. - October 3, 2017 F. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. C ity-i n itiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) 30 Page 380 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu-3). G. Mayor Grant has requested discussion concerning registered lobbyists and their participation on City advisory boards - TBD H. Commission to consider temporarily suspending the enforcement actions of the Community Standards Division for those sections of the Code that require corrective action, but may be unattainable due to conditions created by Hurricane Irma. Mayor Grant asked if notices were sent out, if there were any violations. Mark Woods, Director of Community Standards, indicated currently the Department was sending out notices. However, the City of Boynton Beach was trying to be sympathetic to the residents because of the storm. Mayor Grant asked if there was a deadline with the notices. Mr. Woods stated that if a notice was sent, it would have a deadline. Mayor Grant asked if the City of Boynton Beach could extend the deadline for the notices. Mr. Woods indicated that would not enforce those Codes. This would not be for every Code, just certain items. As an example, when fences are down. By charter it was the Community Standards Department to enforce the provisions of the Charter. Mr. Woods stated he wanted to get the input from the Commission. Mayor Grant asked if he wanted to remove it off of the Future Agenda item or discuss now. Vice Mayor Katz stated that he was not in agreement to temporarily suspend the actions of Code Enforcement. The City of Boynton Beach needs to say what was hurricane related. He felt that some guidelines needed to be put into place. Attorney Cherof indicated that he would advise the Commission not to pass an action to suspend the Code. He would suggest that staff use its discretion regarding violations. Mayor Grant stated that if there are certain issues regarding violations Community Standards should use discretion when issuing violations. Vice Mayor Kats was in agreement with allowing Community Standards to use its discretion regarding Code violations. 15. ADJOURNMENT Mayor Grant asked for a motion to adjourn. 31 Page 381 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 Motion Commissioner McCray moved to adjourn. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:01 p.m. (Continued on next page) 32 Page 382 of 1712 Meeting Minutes City Commission Boynton Beach, Florida September 19, 2017 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor— Justin Katz Commissioner- McCray Commissioner- Christina Romelus Commissioner- Joe Caseilo ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves, Deputy City Clerk 33 Page 383 of 1712 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY OCTOBER 17, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor Shana Bridgeman, Assistant City Attorney Mack McCray, Commissioner Judith A. Pyle City Clerk Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Romelus The members recited the Pledge of Allegiance to the Flag. Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray requested to add an update on the hurricane debris removal to Announcements/Updates from Public Works as Item F. Vice Mayor Katz requested to add a discussion of Public Art to Future Agenda Items as Item H. Mayor Grant requested to move up the presentation of Fiscal Year 17/18 Strategic Plan Initiatives before Public Audience so the public can ask questions of Trina Pulliam, of Trainovations. Page 384 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Adoption Motion Commissioner Romelus moved to approve as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello had no disclosures. Commissioner Romelus had met with individuals from a homebuilding company that uses shipping containers to build homes. She wanted to increase affordable housing for Boynton Beach residents and Palm Beach County as a whole. The firm is based in Miami. She also met with Habitat for Humanity regarding lots they were interested in purchasing. Mayor Grant met regarding the Bloomberg Philanthropie's Mayor's Challenge and representatives from Hunters Run. He attended Literacy Luncheon and announced the Read for the Record on Thursday. He noted Boynton Beach was a four-time champion and he thanked staff in advance for their hard work reading-to local children. He attended an I Love Kickboxing Ribbon-Cutting Grand Opening and the premier movie from the Movies in the Park series to see Descendents ll. He met with the Boynton Beach Garden Club and advised the City and Garden Club are renovating a City Garden Park on Seacrest and NW 6th Avenue. He attended a Police Award's ceremony and met with County Commissioner Mack Bernard at the Mayors and Managers Conference. He attended the League of Cities District II and III meeting and attended the King Tides Cruise regarding sea level rise and how cities can help stay pollution. He met with local bankers at SunTrust, Iberia, Flagler and AmTrust banks and attended a Healthier Boynton Beach meeting. On October 16th, he spoke with WLNR news about medical marijuana and toured the Old High School. Earlier in the day he attended a legislative delegation meeting at the Solid Waste Authority. Commissioner McCray announced he saw Mayor Grant on TV regarding medical marijuana speaking with a doctor at a building off 1-95. He saw eight people there taking pictures and did not know why. He also commented he was not contacted regarding Read for the Record and would wait for someone to contact him. Vice Mayor Katz had no disclosures or announcements. 2 Page 385 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. Lord Henry Hyde was present with Lady Calliope to announce the 6t" Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash on October 21St and 22nd. He announced the CRA has outdone themselves compared to last year and there will be all sorts of performances all day long. There are 12 stages. There will be Moonie the Magnificent, an acrobat extraordinaire, a wheel of death, fire breathers, Pirates, costume characters and children's activities, dancers and musicians. He announced it is a free event and invited all to the event. Flyers were in the back of the room. It was noted the Police will be present on Seacrest Boulevard. B. Announcement by Recreation & Parks Director about the upcoming holiday events and now accepting nominations for the Holiday Parade Grand Marshal. Catch the Holiday Spirit by joining us at these wonderful events: Holiday Movie at the amphitheater beginning at 7pm on Friday, Dec. 1 Holiday Parade on Federal Hwy., beginning at 4pm on Saturday, Dec. 2 Holiday Tree Lighting, beginning at 5:30pm on Saturday, Dec. 2. Holiday Boat Parade, bpm - 8pm on Friday, Dec. 8 Music on the Rocks, beginning at 6pm on Friday, Dec. 15. Wally Majors, Recreation and Parks Director, invited the community to help select a Grand Marshal for the Holiday Parade. The individual should be one who made a positive impact in the community and he noted this is a longstanding City tradition. Nominations can be submitted through the City's website. Mr. Majors announced he extended the deadline one week from October 20tt'. The Parade will be held on Saturday, December 2nd at 4:00 p.m. at Federal Highway using the traditional parade route. The Holiday Tree Lighting will take place after the parade at the Schoolhouse Children's Museum. He asked attendees to submit nominations and anyone with questions to call him or Stephanie Soplop, at 742-6649. Nominations can also be submitted via phone or in written form. The flyer is available at the back of the Chambers. Commissioner McCray asked Lori LaVerriere, City Manager, if anyone contacted Delray Beach regarding funding assistance with this year's Holiday Boat Parade. Ms. LaVerriere responded the CRA handles that event and she would follow up with Mike Simon, Executive Director. C. Announce the City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, 3 Page 386 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Mayor Grant presented the Item as noted above and advised flyers were in the back of the room. D. Announce that the City will be holding a project update for the community on the Town Square Project - Phase 1 on Wednesday, November 1, 2017 from 5:30 PM - 7:00 PM in the Library Program Room. Mayor Grant announced the meeting. E. Schedule and announce a special meeting of the City Commission and the CRA for discussion and consideration of Town Square Phase II contract. Staff recommends a special meeting be held prior to the November 7, 2017 regular City Commission meeting to allow enough time for presentation and discussion of the Phase II contract documents. Staff recommends the special meeting begin at 4:00 p.m. Mayor Grant announced the Special CRA and City Commission meeting regarding the Town Square Phase II contract. Vice Mayor Katz announced he would be late. Ms. LaVerriere advised she could issue the notice and have it properly advertised, but it was unknown if the developers will be ready and they may have to postpone the meeting. She will know more by Friday, if not held on November 1St, the meeting would occur in mid to late November. F. Update on Hurricane Clean-up Debris from Public Works. Jeff Livergood, Director of Public Works and Engineering, was present. Commissioner McCray noted the Solid Waste Authority had announced there is two years of cleanup to remove. He commented he was contacted by residents from all over the City inquiring about the delay and hoped the newspaper would give an update how the cleanup was proceeding. He was appalled nothing was sent to residents informing them not to comingle household waste, trash and debris. He hoped there would not be another hurricane and wanted Community Standards, when out in the community, to notify homeowners with beds and sofas to separate the items to be discarded. He met with Mr. Woods regarding a project in his district and thanked him as Community Standards was reaching out to the public. They were not trying to fine people, and he praised the Department on a job well done. Mr. Livergood explained, he calculates the City being 70% by volume complete with the cleanup. The City has completed one and in most cases, two passes removing clean vegetation. He advised the Monday, Tuesday, and Thursday, Friday garbage routes are back on schedule. Some residents are discarding more debris and landscape waste into the carts causing delays, but all of the garbage is collected from the carts by Saturday. 4 Page 387 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Recycling is on schedule. Bulk trash, which accommodates large items such as mattresses, couches and others, is not on schedule and it accounts for most of the complaints. He requested residents delay disposing of large items until the City completely removes the hurricane debris. The City retained a contractor with two trucks to remove clean vegetation in addition to using all of the City's employees, and the Utility Department providing additional trucks. He anticipated the majority of the mixed debris and the majority of the bulk trash would be gone by Saturday. The goal is to start regular routes by Monday. Staff likely will not complete most of the routes, but it will have a clear process as opposed to jumping to different neighborhoods. The City was working in the area north of Seacrest and Boynton Beach Boulevard and was moving to Chapel Hill and Golfview Harbor Estates through the weekend. Staff will also concentrate on the south part of the City that has mixed debris loads until Saturday. Mr. Livergood explained, consistent with storms, the damage wears on all and residents lose patience when they want their streets clear. Staff knew the removal would take about 60 days and he agreed it is frustrating for those who were the first to have their debris removed, the same as it is for the last residents to have their debris removed. Staff is methodically moving through the community. Mr. Livergood conveyed the City is making great progress and he is very proud to have a talented staff that is good about removing debris. Commissioner McCray agreed residents in District II continued to put out trash and it was a communication matter. He praised staff for an exceptional job. Mr. Livergood explained there was a very concerted effort to notify the community because the rules had changed regarding mixed debris loads. Staff also had to adapt how to use contractors and staff to address those issues. Next year, staff will have to use different techniques to inform the community about what should and should not be put out before a storm. There was time to prepare for the hurricane, which arrived after a holiday weekend. People prepared by pruning and throwing away last minute patio items they did not want to blow away and there was no way for the City to pick it up before the hurricane. Commissioner McCray suggested staff prepare a brochure to mail to each household to educate the residents about what to do before and after a hurricane at the beginning of next year's hurricane season. He commented he works in Broward and there is still a lot of trash there. Mayor Grant noted staff has to submit a report to FEMA for reimbursement. He wanted Mr. Livergood to make a report of the final tally of debris removed and learned staff was doing a good job of tracking all expenses. Commissioner Romelus thanked Mr. Livergood and the Department for their efforts. She advised she received complaints regarding some of the Community Standards Officers starting to cite or pursue owners regarding lawn issues that still remain after Irma. She asked what protocol they follow. Mark Woods, Director, Community Standards, explained, based on the City Commission meeting, the Commission decided to have a moratorium of sorts to relax those efforts. Items related to the storm are not cited, but others violations are cited. Rotten fascia and 5 Page 388 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 overgrown grass will be cited. Commissioner Romelus was not sure how that applied considering there is a pile of garbage on a person's lawn and individuals cannot contact their landscaper. Mr. Woods responded each case is based on the inspector's evaluation. In general, the Officers look at the property and decide if the violations are storm related; if so, they provide information to the property owner. Commissioner Romelus thought it may be in the interest of the City to review complaints from residents who are cited. Mr. Woods agreed and explained if someone calls and says what the issue is, they work with the owner and he pointed out the entire process was changed so the homeowner would not immediately receive a violation. If anything, they would have received a courtesy notice. She requested a meeting with Mr. Woods after the meeting to provide information on the constituent. Mayor Grant commented if a property owner disagrees with the interpretation made by Community Standards, they can always call or write, but if the property owner does not contact Community Standards, in most cases, the Department moves forward with the matter. Commissioner McCray explained a Haitian Church approached him as they received a courtesy notice and they needed an interpreter. He advised he and Mr. Woods had discussed the matter. He also mentioned other individuals contacted him as they were cited and felt the violation was storm related. Community Standards Officers returned and explained it was not storm related and it was resolved. He agreed with Commissioner Romelus, but pointed out after they were presented with the violation, they learned they were in violation prior to the hurricane. Mayor Grant announced the Grand Reopening of the LINKs at Boynton Beach Golf Course on October 28th from 9 a.m. to 1 p.m. and advised the Championship Course and practice areas were rebuilt with Tif Eagle Grass. The driving range and the enlarged T- Box was resurfaced with Celebration grass. The first 100 golfers will receive a pack of Wilson Golf Balls, and those after would receive free 15-minute individual lessons with a PGA pro. There will be a free putting contest with prizes being 10% off all pro shop merchandise and 20% off daily golf fees. Wings, burgers and hot dogs are available for purchase. He noted the Chamber of Commerce is holding a tournament on Friday and the Boynton Beach Fire Department was holding a tournament on the 28th. Commissioner Casello commended the City Commission for its assistance in refurbishing the golf course. He praised the City and Ron Tapper, Golf Course Manager, for their commitment to upgrade the golf course to be competitive. He advised Ron Tapper and staff did an outstanding job. B. Presentation of FY 17/18 Strategic Plan Initiatives by Trina Pulliam. (Heard out of Order) Trina Puliman, from Trainovations, announced the City has come a long way. Ms. Puliman analyzed the Fiscal Year 2015 Strategic Plan, which was prepared by another group and noted it contained 156 individual tasks. They analyzed the tasks and by Fiscal 6 Page 389 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Year 2016, the Strategic Plan contained 17 tasks, which was more manageable and was a significant shift. Beginning with the Fiscal Year 2017 Strategic Planning cycle, the City shifted from tasks to strategic initiatives, which were the most important issues to the residents, staff and the City. They were able to work on items that would achieve the vision and mission of Boynton Beach. The City determined there are four overarching major strategies named Strategic Initiatives, which drive the work to align with one of the four categories below: • Redevelop the Downtown • Build Wealth in the Community • Boynton Beach Branding • Transportation and Mobility. The Fiscal Year 2018 work examines the work for the departments to ensure it aligns with the four initiatives. Some tasks will align with one initiative while others may align with all. Next year, they will report on the metrics and gauge the success of the City's work. They will review each department. She noted Mr. Scott already collected some data and Ms. Pulliam will report on how they collect those metrics and will make data driven decisions Mayor Grant commented they had a six-month update last year. He asked if an update will be given in 2018 and learned they would and they would expand on how the four initiatives apply to all the departments. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Sonny Garcia, 1631 NW 3rd Lane, Vice President, Rolling Green Association, complained about parking on the grass on NE 17th Avenue. The City has No Parking signs posted by the stop sign and he sees speeding vehicles. He commented he drives slowly and recently a small boy ran in front of him and he was able to stop, but those speeding would not be able to stop. He was told there would be officers present when the school picks up and drops off students, but he only saw officers once. He requested something be done. He requested curbs be installed to stop people from parking on the grass or the City contact the School Board to have the students picked up at the Ezell Hester Center. He was tired of calling the Police Department and receiving calls at his home. He added residents could also call Commissioner McCray as he had received calls. Mr. Garcia noted the Red Light Cameras have been reinstated and they save lives and have timers. He had provided a picture of how the timers show how much time there is to cross the street. He proposed if the City Commission wants to make Boynton Beach safe, they should put the cameras by the lights. 7 Page 390 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Commissioner McCray explained Mr. Garcia called him and advised an Officer had called him to indicate they would follow through, but no one called Mr. Garcia and Mr. Garcia called him again. Commissioner McCray visited the site and saw no Officers present. He commented when someone tells a citizen what they will do, he expects the employee to keep their word. Mr. Garcia wanted to speak with Captain Kelly and Major Johnson and Dispatch told them neither of them were available. Dispatch was unaware of the situation and he questioned why they could not get in touch with the Captain, Major or Sergeant. He thought it was poor as someone has to be on duty at all times and be available to speak with citizens. Susan Oyer, 140 SE 27th Way, thanked Commissioner Romelus for judging the Seacrest Estates Halloween and Christmas/ Hanukah decorating contest. She spoke about the Wands for Wildlife program using old clean mascara wands. The charity uses the wands to clean injured and/or orphaned wild animals. A collection box will be at Oyer Insurance and she will collect the wands and send them to the charity twice a year. Her students are involved in the effort and she invited the City to do so as well. She also distributed information from the 1,000 Friends of Florida, which talks about town character and what the City should be doing and encouraging in various towns as they restructure. Barbara Ready, 329 SW 13th Avenue, asked about the Strategic Plan and what was being done to encourage citizen/taxpayer participation, transparency, communication and input opportunities. She noted Commissioner McCray had commented about debris and communication. Ms. Pulliam responded these are items frequently discussed at City staff meetings as well as how to work on transportation and mobility in a transparent way. She pointed out these efforts would fall under the values of the City. As for community input, they discussed and will implement a resident/community survey this year to allow City residents to provide input. Ms. Ready asked if the community was given the opportunity to participate in the writing of the plan. Ms. Pulliam responded not this year, but they may in the future as they look at the results of the community survey. There are incremental steps being taken. Ms. Ready felt citizen input was important. Ms. Pulliam agreed and advised they will have the survey and she will help the City analyze the results and then discuss focus groups to validate the information. Ms. Ready explained there are community concerns that could be addressed and included in the Plan. Commissioner McCray explained the City has focus groups, but there was no citizen input on this plan. He pointed out City Commissioners are only policy makers and he was baffled. Ms. LaVerriere explained this year they held public workshops on the Strategic Plan and the City was changing the way it develops the Plan. The City used to have a 75 page Strategic Plan. This year they changed consultants and moved to a more overarching, broader initiative or vision. Four goals were identified. The City will develop metrics for 8 Page 391 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 what they do in the business and analyze if the action meets those goals and fit in the categories. The next step is to measure how they are doing. The City is not there yet with the focus group, but was starting with the survey first early next year. Then the focus groups would start work on the four initiatives. Commissioner McCray commented when he participated in Strategic Planning in the past, stakeholders were included. He agreed with Ms. Ready. Commissioner McCray requested Ms. Ready be given a copy of the old and new plans. David Scott, Director, Economic Development and Strategy, commented he and Ms. Ready spoke and what they discussed was what Ms. LaVerriere and Ms. Pulliam stated. Four overarching Strategic Initiatives were developed and in the future, all departments will align with the initiatives and there will be a lot of community input. Items such as branding cannot be implemented without community input and all of the activities for each initiative will require a lot of community input. Ms. LaVerriere commented this was a change and it is brand new. Commissioner McCray commented District II residents had inquired about Mr. Scott's position and he respond he was trying to figure it out as well. He was not getting positive feedback and District II has branded Mr. Scott. William Cwynar, 2701 SW 8t" Street, thanked Mayor Grant, Commissioner McCray and Commissioner Romelus for calling him in response to his email. At the last meeting, there was discussion about a lobbyist serving on a Board and he conveyed he opposed it unless all of the lobbyist's clients are listed and they recuse themselves on any matter before any Board in which they were involved. He thought Mayors and City Commissioners would have to recuse themselves from voting on any matter pertaining to anyone who ever donated to their campaign and it would be a lot more open and honest. He again thanked the three Commissioners who responded to his email and thought the cell phones from the other two Commissioners may have been broken. He advised it would be nice to get an update on the Hurricane. Mayor Grant explained an update was made earlier in the meeting and explained the lobbyist list is on the Palm Beach County website. Each lobbyist has to name their principal. As for donations received by politicians, the official has to declare it, but it does not mean they have to vote for them. He has voted against items requested by campaign donors. Brian Fitzpatrick, 409 NE 1St Street, spoke about the Boynton Beach Housing Authority, and thought a consultant may be needed to guide the City through the process of becoming one, which would bring tens of millions of dollars into the City. He was disappointed about the City Commission failing to agree about the location of the Police Department and that some Commissioners indicated their constituents did not like the idea. He expressed some individuals may have a vested interest in keeping the HOB in its current rundown state. Having a new Police Department or City Hall would jumpstart development in the community and he thought the City may have developed a community standard for an acceptable level of shootings. He was disappointed developing the HOB was not in the Strategic Plan and expressed the HOB was not important any more. 9 Page 392 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Cal Warriner, Searcy, Denny, Scarola, Barnhard & Shipley Law firm, was present at the invitation of Mayor Grant. He announced the opioid crisis has affected hundreds of thousands of families. Deaths from opioid abuse exceeds those caused by smoking, car accidents and firearms/homicides combined. States and municipalities are rallying together and filing suits against the manufacturers of opioids, their distributors and drug stores to recoup those losses. In 2016, Boynton Beach EMS personnel responded to 450 opioid overdose calls. The expense from EMS responding to these calls is the tip of the iceberg, including halfway houses and even employees on long-term prescriptions for pain, is significant. Mr. Warriner advised the City would not spearhead the issue; rather they would join with others. Delray Beach hired counsel and Palm Beach County is speaking with law firms about representation as were many other South Florida municipalities. If anyone was interested, they are available to speak with them. Mayor Grant commented the City Attorney will get the information and review the lawsuit and options available. The item could be a future agenda item. He saw the recent 60 Minutes expose and it was heartbreaking what the Federal Government was doing allowing millions of pills to be distributed. The City would have to look at the actual expense to the City, what the City funds in the community and where those expenses lie to determine whether to take action under State or Federal Law. Mr. Warriner explained it is an individual suit and there may be coordination of the cases on the federal level. The defendant would be 15 manufactures of opioids, pharmaceuticals and distributors all the way down to drug stores and chains of drug stores. Mr. Warriner advised he was not soliciting the City. Vice Mayor Katz noted this was public comment and Mr. Warriner was invited to speak by a member of the Commission. Mayor Grant asked if the City Commission wanted to add this as a future agenda item. There was no support to discuss it in the future. Commissioner McCray commented these meetings are supposed to be recorded and he hears Vice Mayor Katz talking when he makes his comments. He announced he lets his voice be heard and if anyone had anything to say about Commissioner McCray, they should say it publically so it could be recorded. Vice Mayor Katz commented there was no conversation. It has gotten to a point that if the use of staff continues to be used as props to make political points in public persists, he would, on an individual basis, start responding to those who use these staff as puppets. If constituents complain about something, the complaint should be sent to the City Manager who brings it to staff and they address it. He hears constituents say this or that about a particular topic, but it is a handful of people in districts. From time to time, some people are dissatisfied with anything in the City. He announced he would not tolerate it if he hears people call staff and try to make them look foolish for a political point or a sound 10 Page 393 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 bit. He would not want to be treated that way if he was a City employee or on any job and if it continued, there will be a response. Commissioner McCray accepted that. Mayor Grant noted in the future when calling staff to the podium, the Commission is allowed to make comments, but some comments, especially from the audience, are hurtful. Some comments are not positive, but they can be put on the record. He explained if someone on the dais has a comment, they should raise their hand and he will ensure they speak but will stop them if they are too personal. He advised he does not want more than one person talking at a time. Vice Mayor Katz clarified he was not referring to the public's ability to be critical of the government, it was more about the individuals on the dais. Commissioner Casello has no problem with anyone speaking against any official, but agreed it was troubling when an elected official, sitting at the dais belittles a City employee. He agreed with Vice Mayor Katz that if there is a complaint, they approach the City Manager. The City Commission is responsible for the budget and policy, not personnel. It does not paint the City favorably if Commissioners express their personal feelings about certain individuals. Commissioner McCray advised he had taken things to the City Manager when he was supposed to and he has been on the Commission for 13 years. He conveys what citizens tell him to them and if there is no outcome or recourse and the person is fanfaring in front of him he will speak out. Whoever does not like it will go toe to toe with him and then it will be done. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments &Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Mayor Grant announced the openings on the Boards as noted above. No appointments were made. 11 Page 394 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R17-093 - Approve the temporary road closures of Seacrest Blvd, the intersection of W Boynton Beach Blvd and N Seacrest Blvd, E. Ocean Ave., and Federal Highway in between E. Ocean Ave. and Boynton Beach Blvd. on Saturday, November 4, 2017 for the 5K Race for Poverty, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. B. PROPOSED RESOLUTION NO. R17-094 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and Authorize the Mayor or his designee to execute the Certification to accompany the report. Commissioner McCray pulled this item and advised he was contacted by individuals who applied for SHIP funding. The applicants did not know the guidelines and it seemed that staff did not want to help. He had staff pull a report and saw one or two African American applicants. He hoped staff would be more cognizant of the individuals and address their issues. Commissioner McCray also announced he will get involved if constituent issues are not addressed and was aware there was funding. He commented it was similar to the Community Standards situation and it appeared to his constituents that staff helps their friends. He hoped there would be a more pleasing atmosphere when residents apply. Lashea Brooks, Community Improvements, explained the SHIP program is a first come, first serve program. Recipients must qualify based on income and the number of people in the house. The City has the funds and the City must spend all the money or it will be returned. Staff helps people that will not qualify and also assists owners seeking to rehabilitate their rental properties, but not investors. If they meet the guidelines, they receive assistance. Individuals seeking to apply should go to the front desk in the West Wing and Community Improvement staff will bring them to the second floor. Funding is ongoing and the program runs year round. Downpayment assistance is for someone who has not owned a home within the last three years. Commissioner McCray questioned if a justification was given when a person does not qualify and learned it was as long as the applicant submitted a formal application. Ms. Brooks explained there is a lot of documentation required and if they see initially the applicants do not qualify, they try to dissuade the applicant from bringing in further documents. Some banking information and other documents are exempt from disclosure, but income is not. She confirmed the reason for the denial would be included in the file. 12 Page 395 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R17-095 -Authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc. in the amount of$71,664 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. D. PROPOSED RESOLUTION NO. R17-096 - Authorize the City Manager or designee to apply for and sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement subject to the approval of the City Attorney for the Boynton Beach Occupant Protection & Child Passenger Safety Program. E. PROPOSED RESOLUTION NO. R17-097 - Authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of$89,285, plus a 10% construction contingency in the amount of $9,000 for a total cost of $98,285.00 for the purpose of rehabilitating Commerce Road utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. Commissioner Casello pulled this item for discussion and understood the City would put resources into Commerce Drive, which dead ends into High Ridge Road across from the Landings. His concern was the area is very dark at night. He asked the City Manager about expanding the intersection, for turning trucks and if they could have streetlights installed at the intersection. Commissioner Casello requested she come back with a report. Ms. LaVerriere advised it may involve the County and FPL and she would consult with Mr. Livergood and would check on the cost. She will also investigate if Surtax funds could be used as it is an appropriate expense. She noted Commerce Road is a City- owned road and High Ridge Road is a County Road. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion.. Vote The motion unanimously passed. 13 Page 396 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 F. PROPOSED RESOLUTION NO. R17-098 - Authorize the City Manager to sign a 3 year Master Services Agreement with AT&T for the installation of a 20MB Dedicated Internet Circuit and Reactive Distributed Denial of Service Monitoring for a total monthly cost of $911.11 split equally between the Police and Fire Department, utilizing the GSA Schedule 70 of the GSA Contract GS-35F-0249J1. G. Authorize utilizing the State of Florida Contract No. 46000000-15-1, Defense Products, for the purchase of police equipment and ammunition with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. H. Authorize utilizing the NASPO ValuePoint contract 2016-182, for the purchase of body armor, with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $85,000. The NASPO procurement process satisfies the City's competitive bid requirements. I. Approve utilizing Sunbelt Waste Equipment of Pompano Beach, FL for an estimated annual expenditure of $85,000. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. J. Approve an increase to estimated annual expenditure to Thermal Concept from $125,000 to $200,000 per the City Bid #050-2511-16/JMA. K. Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000 as a sole source vendor. L. Approve Blanket Purchase order to Lou Bachrodt Freightliner of Pompano Beach, FL in the estimated annual amount of$50,000. M. Approve the issuance of a purchase order to Expert Diesel of Fort Lauderdale, FL utilizing the City of Miami's contract #291272(17) with an estimated annual estimated expenditure of $35,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. N. Approve issuing a purchase order to Rechtien International Truck Center for an estimated annual expenditure of$75,000 as a sole source vendor. O. Approve an increase to the approved expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an additional $80,000 for the first quarter of fiscal 2017/8. P. Approve utilizing the City of Bartow, FL Bid No. W D-2017-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AW C A-782 for an 14 Page 397 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 estimated annual cost of $40,000. The City of Bartow's procurement process satisfies the City's competitive bid requirements. Q. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for October 17, 2017 - "Request for Extensions and/or Piggybacks." R. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2017. S. Legal Expenses - September 2017 - Information at the request of the City Commission. No action required. T. Accept the written report to the Commission for purchases over $10,000 for the month of September 2017. U. Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 3, 2017. Motion Commissioner McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL for an estimated annual amount of $225,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. Mayor Grant announced the item. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 15 Page 398 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 B. Approve utilizing the City of Delray's Agreement based on ITB #2017-047 for the procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC of Hialeah, FL for the City's fleet with an annual estimated expenditure of$1,500,000. The City of Delray's procurement process satisfies the City of Boynton Beach's competitive bid requirements. Mayor Grant read the item by title only. Motion Commissioner Romelus moved to approve. Commissioner Romelus wanted to know about the City's efforts to be green and about the potential to use electric or hybrid vehicles. Mr. Livergood each year when staff prepares the fleet plan, they identify the vehicles the Department needs, and when done, look for the most fuel-efficient vehicles. They traditionally look at internal combustion engines first because when dealing with pick-up trucks and some of the fleet vehicles, electric vehicles do not provide the needed service. Staff reviewed alternative fuels such as liquid propane and compressed natural gas to see if they were available. This year, the City obtained its first electric vehicle, which was a Nissan Leaf. He explained the City has to purchase the vehicles that makes the most sense from an up-front purchase perspective, to an annualized maintenance cost for how long the vehicle will be used, compared to how many miles the operator drives the vehicle. This is needed to ensure the City will receive a payback over the life of the vehicle and staff reviews the information in intricate detail. It is also asked of every department when considering which vehicles to acquire as staff would like to see less money used for diesel and gas. Mayor Grant commented even though internal combustion vehicles may be the most cost effective, the vehicle burns gas compared to an electric vehicle. He wanted to see the comparison in cost between electric vehicles versus internal combustion vehicles. Mr. Livergood advised that information would be presented next year and it is a value decision that only the City Commission could make. When contemplating a staff vehicle that is $14,000 with an internal combustion engine versus an electric vehicle that is $21,000, the annualized expense is more costly for an electric vehicle and the City Commission would have to determine if it is worth the additional expenditure for the benefits. Staff always look is for the best price. It was noted the City has to pay for its own electric chargers and the public gets to use them for free. Commissioner McCray asked how much money was spent on fuel during the last fiscal year just ended. Tim Howard, Assistant City Manager, responded in FY 16/17, the City spent approximately $727,000. The year before was $1 million. The amount fluctuates based 16 Page 399 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 on what is occurring and the price of fuel. Staff requested $1.5 million so they would not have to approach the City Commission if the price increased and they only order the fuel as they use it. Commissioner McCray commented he sees a lot of City vehicles driving around and encouraged the City to be as frugal as possible. The unused funds remain in the Fleet Fund, which is an internal service fund that is used to pay for the mechanics, the garage, maintenance and equipment and to purchase vehicles in the future. It is an open Purchase Order and as they move through the year, unused funds go back into the Fleet fund each month. The item was on the Consent Agenda because they were starting the new fiscal year. Mr. Howard also advised they piggybacked the State of Florida contract. Delray just went out this year for their contract and the price was less. Staff also checked a cooperative in Ft. Lauderdale, but Delray Beach was lower. Commissioner McCray seconded the motion. Vote The motion unanimously passed. C.. Approve utilizing the Town of Palm Beach Bid #2015-08 for tree trimming and pruning with Zimmerman Tree Service of Lake Worth, FL for blanket purchase order with an estimated annual expenditure of$190,000. The Town of Palm Beach procurement process satisfies the City's competitive bid requirements. Mayor Grant presented the item. Motion Commissioner McCray moved to approve for discussion. Commissioner McCray asked how much money was spent last year regarding tree trimming. Mr. Livergood responded with respect to Zimmerman Tree Service there is an existing purchase order not to exceed $25,000. Staff sought to increase the dollar amount and only the City Commission can award the bid. Much of the cost is for hurricane debris removal. Generally, Zimmerman prunes from $50,000 to 100,000 worth of trees mostly in City parks and municipal grounds. He thought it would be higher this year. He also encouraged the City Commission when driving to look up into the trees. There are a lot of hanging branches that are starting to die back that are visible that should be removed. Commissioner Casello advised the LINKS had alot of tree damage and the crews did good job, but there are large stumps. Mr. Livergood explained he may be able to use Zimmerman and it was discussed earlier in the day. Stumps are difficult to remove and currently, stumps related to hurricane debris are not permitted at the transfer sites. It 17 Page 400 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 would help the City to have a contractor who is able to remove the stumps and collect them. Commissioner Romelus asked if the City used the traditional bid process to retain Zimmerman's services and learned the City did. It was piggy-backed from Palm Beach who issued the bid based on an hourly rate for this type service. The services are also on an as-needed-basis. The Town of Palm Beach issued the bid at the end of 2015 and Zimmerman is in one of their one-year removal periods. Commissioner McCray questioned if the City could get a better price. Mr. Howard explained one of the reasons the City piggybacked the bid was partially the result of the hurricane and the City wanted to address the trees. Additionally, staff had to consider how long it would take for the City to process its own bid, advertise, open and award. This agreement was already in place so the City moved forward with it this fiscal year to get the trees started and get the process done. Since the hurricane, the responsiveness and the availability of vendors to do this type of work is very limited. He advised they were lucky the contract was already in place. Mayor Grant had spoken with Mr. Howard why the City did not use someone locally and learned it is difficult to find local bidders. FEMA covers hanging and leaning tree limbs that have not fallen down, but are about to break off. If the branches look dangerous, Public Works should be contacted to avoid them falling on vehicles and people. That was why they were using the hourly rate for the tree trimming. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Commissioner Romelus commented there were many protocols that were not followed after the hurricane. The entire State was hit by the hurricane and other cities and municipalities were doubling and tripling payments to get vendors to come to their cities first. She thought it would be appropriate to send a Resolution to encourage the Legislature to understand the situation was a form of price gouging that should not occur. She sought to avoid price gouging and noted Boynton Beach had contracts with vendors who left Boynton Beach to work elsewhere for a higher price. Mayor Grant agreed, but noted there is a free market. Commissioner McCray also agreed the situation should be reviewed. Ms. LaVerriere explained at the Mayor's and Manager's Conference, a summary was being prepared regarding after actions from the hurricane and there will be discussions at the Legislative level about the matter. Many cities had contracts in place as did the City and Boynton Beach did not receive everything they were supposed to receive. The failure to fulfill contracts left many cities with nothing. She praised City staff that was available to do some of the work. Part of the discussion that will be conveyed to FEMA 18 Page 401 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 is how to react in a timely manner as a City because of the procurement process otherwise it could be months to try to find another vendor to assist during a crisis. Mayor Grant agreed and questioned how a company from Tennessee could handle the job. They provided the lowest bid, but was unable to deliver on the contract. He asked if the City would pursue the company for breach of contract. Ms. LaVerriere responded it depended on the level of breach and it was being discussed with Mr. Livergood. Mr. Livergood cautioned they must be careful. The companies the City deals with for debris management are national companies and none of them imagined a major storm in Texas, where they had contracts would occur, and then a storm going up the spine of the peninsula affecting many other clients they had. It put a great demand on the company, similar to what is seen after power outages. Companies come from out of state. The best way to deal with it, in this type of crisis with demand is to work cooperatively with the contractors to recognize their constraints and to use their resources wisely and combine them with the City's staff, which worked well. The City was lucky. D. Approve the ranking of the proposers as determined by the Evaluation Committees and authorize staff to conduct negotiations with the three highest ranked firms: The Mellgren Planning Group; Jon E. Schmidt & Associates d/b/a/ Schmidt Nichols; and Gentile Glas Holloway O'Mahoney & Associates, to establish contracts in accordance with Request for Qualifications- RFQ No.: 049-2410-17/IT for General Planning Services and as per Florida Statutes 287.055, Consultants' Competitive Negotiations Act (CCNA). At completion of negotiations contracts will be brought back to the Commission for approval. Mayor Grant read the item. Mr. Howard explained the City issued the RFQ for general services. Mr. Mack explained the Department issued an RFQ to augment City staff so when there are special projects or tasks that needs a specific skill set, the Department will have the ability, on an as-needed basis, to hire rotating firms during the next three years. This is new and similar to how the City handles the engineering contracts with Utilities. There is a negotiated price set on an hourly basis, and staff brings back task orders with a not to exceed amount. This item was just the award. Staff will negotiate and bring back an hourly rate. Commissioner McCray liked it was on a rotating basis. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 19 Page 402 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. Shana Bridgeman, Assistant City Attorney, reviewed the item and administered an oath to all those intending to testify. Joni Brinkman, Urban Design Kilday Studios, on behalf of the applicant, Courtyard Gardens of LLC, introduced the applicant's representatives, the Gazzo family who were present, along with Dr. Peck. The Architect, Jim Williams, AW Associates, Leo Urban, Urban Associates and Ryan Wheeler, Engineer from Caufield and Wheeler were also present. The project is located on the northeast corner of N. Charter Drive and Congress Avenue. The vacant property is just south of the Manor Care skilled nursing facility. The request was for a Major Site Plan Amendment for a proposed 51,250 square-foot inpatient medical facility for Alzheimer's and dementia care patients providing transitional and more intense treatments. The facility will have 150 beds, 80 units with outdoor areas, courtyards and verandas. They used the prior location of a building that was demolished after the hurricanes in 2009. The site was originally approved in 1988 as part of the Manor Care facility. It already had a 120 bed assisted living facility on the property. The property was purchased in 2009 by Sandy Slomen, who was approved for an autism center, however, the approval lapsed and later, an in-house patient detox facility application was denied. The open space areas between the east and west side of the facility will be maintained and will provide oversized setbacks from the residential multi-family homes to the west and from Congress Avenue. Access from Congress Avenue is through a shared ingress, egress easement with Manor Care. There is shared parking to the north and outside the property boundary, but there is a cross-parking access agreement. They will maintain two driveway entrances off Charter and the front parking area will be used by visitors with employee parking behind the facility. There is an interior courtyard and the facility has security. Sixty parking spaces were required and 73 spaces were provided. The applicant committed to follow upcoming rules from the Legislature regarding nursing homes, and to provide a generator to maintain the entire operation of the facility. It is in design and the applicant was committed to using that design. The Legislature is also working on rules. 20 Page 403 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 The building was a one-story building. There is an existing wall to the west that was required when the previous building was constructed that will be maintained and landscaped on both sides. There will be considerable landscaping in the front of the building and 50% of the land area will be green space and there is a dry retention pond. Other building elevations were viewed. Ms. Brinkman advised they went over and above the required security. Staff agreed the security was adequate, and she requested the Board support the approval. Commissioner McCray thought the safeguards were appropriate. He asked about a fence and learned the entire facility would not be fenced. Due to the cameras around the facility and the entering and leaving protocols, there was no need to enclose the entire facility. There will also be cameras in all hallways. Commissioner Casello received confirmation the surrounding property owners were contacted. Ms. Brinkman added when they started working with the Gazzo family, they impressed it upon them to reach out with the neighbors. Outreach occurred early on including Hunters Run. The generator they plan to obtain has to operate at least all of the air conditioning needed to cool the facility. Commissioner Romelus asked what sustainable green elements were used for the building and learned the building was not LEED certified. Jim Williams, AW Architects, explained they incorporated elements such as a light colored roof, and a white membrane roof in the flat roof area. The walls to window area was studied and they used Low-E Glass. Shading from the landscaping is also an important component and warm LED lighting will also be used. He explained certification is an expensive process, which takes a year after the project is operational. Commissioner Romelus asked if the rooms have natural light and learned they did. There is a serenity type garden in the courtyard and plenty of green space and light. Mayor Grant opened public comments. Susan Oyer, 140 SE 27th Way, complimented the team on removing and shifting the existing trees and liked the project overall. She noted 77% of the trees are palms and the rest are shade. She thought there were excessive palms and she favored shade trees and hoped the City Commission would support more shade trees. She also commented there was room for solar energy to be incorporated in the project and wanted the City to be progressive as there is room for solar panels on the rooftop, only even if it offsets lighting by the front door. She commented there are no electric vehicle charging stations and questioned why no charger spaces were included. She thought it would an issue in the future as visitors may have electric vehicles and added she was only requesting one station. Leo Urban, Urban Associates, explained they kept all the existing trees and there are alot of shade trees. The plant list showed there are palms around the building to reduce hurricane damage. The rest of the site is covered with trees. Ms. Oyer commented Mr. Urban did not include the percent of shade trees to palm trees which other developers 21 Page 404 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 have been doing. There are only 23 existing shade trees out of 101 total trees. The native Sabal Palms were moved on site. They relocated an Oak tree and added Palms only around the perimeter of the building and various native buttonwoods in areas where there was not a lot of room to plant them as there are huge trees on site. He announced they met the City's requirements. Jim Williams also responded he has used photovoltaics on some of his projects and they are difficult to use and be cost effective. The projects they used them on were large government projects with huge grants from the Department of Energy, which they cannot obtain. The payback on a straight financed photovoltaic system would occur over many more years than an investor would want and it is difficult to make it cost effective for a commercial building. The rooftop that would be available would be the flat roofed areas and they have high efficiency air conditioning equipment, which uses a lot of square footage. There is a hood exhaust system that has to meet a 10-foot separation requirement and the roof area will be packed. As to parking, they were almost over parked. There is the cross-access parking agreement so parking will be available during the holiday season, and there was no Code requirement for the electric vehicle charging stations. Commissioner Casello liked the project and favored the electric vehicle charging stations. He asked how many handicapped parking spaces were available and learned there were four which was sufficient. There was also a covered drop off area at the front entrance. Commissioner Casello advised he would not approve the project without the electric vehicle charging stations and he wants to see the generator's installation in writing. The facility is a for-profit facility that will create about 100 jobs. Commissioner McCray praised the project and thought other facilities should include generators and check on other facilities that do not. Mayor Grant noted they have to spend 1% for public art. Ms. Brinkman noted Mr. Urban would work on placing art on the property. Mayor Grant noted the art has to be in the public's view, but was fine with art in the courtyard because patients would rarely leave the building. He also pointed out Barrier Free Park was within walking district. He asked if management would take patients to the park and learned they would remain at the facility. Mayor Grant wanted to ensure there was ample recreation within the Center and learned there will be a salon, library and theater. Dr. Peck explained he owns a similar facility in Jupiter called Courtyard Gardens that has a beautiful courtyard for the patients to enjoy without going outside. The patients cannot exit the building as there are codes on all the doors and the security has to be there which is why they design the courtyards they have. The Jupiter facility was built 18 years ago when Dr. Peck saw there was no place for these patients to go except for skilled nursing facilities. He decided to take 20 beds, segregate the patients and give them their own dining and garden areas and the 20 beds grew to 60 beds. It was an innovation in the field of dementia care. In reference to the air conditioning, he had told Mr. Gazzo before 22 Page 405 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 the hurricane occurred, they will have a generator of sufficient size to take care of everything in the building and the generator will turn on automatically when the power shuts off. Mayor Grant advised he supported the car chargers. He wanted people to know the building is a green building. Mr. Peck announced the air conditioner will use green biodiesel fuel. Commissioner McCray asked about security in Jupiter and learned there was never a problem. Commissioner Casello asked how medication would be dispensed and learned an RN will handle the medication in a clinic area each morning based on doctor's orders. The facility is licensed as an assisted living facility and the RN dispensing the medications meets the requirements. Vice Mayor Katz noted the surrounding community had concerns about traffic. Ms. Brinkman reiterated employee parking was behind the building and will occur on a shift basis. Additionally, a parking and traffic analysis was submitted to the County. Vice Mayor Katz asked about traffic during peak hours Ms. Brinkman did not anticipate any traffic issues. Commissioner Romelus asked if they would commit to hire locally when possible and learned they would. Some type of an announcement would be made. Commissioner Romelus noted South Tech was right across the street that has medical field students. Motion Commissioner Romelus moved to approve. Commissioner Casello seconded the motion including the stipulations discussed, which were the two car chargers and a full operational generator and local hiring. Vote The motion unanimously passed. G. PROPOSED ORDINANCE NO. 17-030- FIRST READING - Approve 711 North Federal Highway Abandonment (ABAN 17-007) request allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). Attorney Bridgeman read Proposed Ordinance 17-030 by title only on first reading and administered an oath to all those intending to testify. 23 Page 406 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Theresa Utterback, CRA Development Services Manager, presented the item. Mayor Grant asked if there would be a sidewalk on the south side of the property and learned there would. There would be lighting improvements on 6t" Avenue as well. Commissioner McCray inquired where Mr. Simon, Executive Director, and Assistant CRA director Thuy Shutt were and learned they were at a Florida Redevelopment Agency Conference in Daytona Beach with some members of the CRA Advisory Board. Commissioner Casello asked if Mr. and Mrs. Woods were actively starting construction and learned they have not as the Purchase and Development Agreement will be before the Board in November. Mayor Grant opened the item for public comment. No one came forward. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0. H. PROPOSED ORDINANCE NO. 17-031 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. Attorney Bridgeman read proposed Ordinance No. 17-031 by title only on first reading. Andrew Mack, Development Director announced the purpose of the Ordinance is to establish regulations for medical marijuana dispensaries in the interest of public health and safety and to ensure patients who qualify to obtain, possess and consume medical marijuana have access to the drug under State law. He reviewed the State preemptions to not place specific limits on the number of dispensaries, or enact regulations or restrict locations for dispensaries that are more restrictive than for pharmacies. The City cannot charge a fee greater than the fee charged to pharmacies and cannot be within 500 feet of schools. He reviewed definitions of a Medical Marijuana Treatment Center as a facility to operate in accordance with the State Department of Health that dispenses the product to qualified patients or caregivers, noting that the dispensing facility does not prepare transfer, cultivate or process any form of marijuana or marijuana product. Distance restrictions are the same as for pharmacies. He reviewed the proposed zoning matrix as contained in the PowerPoint presentation listing the districts where the use is allowed, which also corresponds to districts where pharmacies are allowed. The gross floor area cannot exceed 5,000 square feet in the C-1 District or exceed 10,000 square feet in the 24 Page 407 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 C-2 District. He reviewed general notes detailing the facility must be integrated into Mixed Use buildings or developments. It cannot exceed more than 50% of the gross floor area of any building and/or exceed 20% of the gross floor area for developments in the PID District. Facilities in Mixed Use districts must be integrated into Mixed Use buildings and cannot be more than 50% of the gross floor area of any building and/or exceed 30% of the gross floor area of any development. Facilities in Mixed Use 1, 2 and 3 Districts are permitted on lots fronting arterial or collector roadways. As a general note in the PID District, facilities are allowed in land located in Nixed Use land fronting arterial roadways or if the development order is not solely for residential development. Staff proposed to add a medical marijuana dispensing facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school or secondary school and he reviewed the distance separation in the Mixed Use 4 and Mixed Use High districts. Commissioner Casello asked about the average square footage of a dispensary and learned it is usually under 5,000 square feet. There are performance standards in the Statute that restricts hours of operation, where the seating would be and how staff are handling cash, which the State would inspect and enforce. Mayor Grant asked if treatment centers allow edibles and learned not on site. The facility is strictly a pharmacy. When it is produced at the Medical Marijuana Treatment Center (MMTC), which is where the seed to sale occurs, it is shipped to a facility where it is dispensed just like a pharmacy. Mr. Mack explained MMTCs and advised, the City was not approving growing marijuana, only a dispensary. There are specific requirements to grow. Currently, there were seven requirements and another three requirements were pending. Each MMTC is only allowed to service a total of 25 dispensaries. Vice Mayor Katz explained the limitations on how many locations statewide an operator can open addressed concerns about mass proliferation. Mr. Mack understood they are allocated per region based on population and there are regulations, but it was possible two growers could be next to each other, depending on the zoning district. Mayor Grant opened public comment. Edward Tedtmann, 869 NW 8t" Avenue, asked if dispensaries could sell other items or were limited to only selling medical marijuana. Mr. Mack explained the dispensaries may not dispense, any other types of cannabis, alcohol, illicit drug related products including pipes, bongs, wrapping papers other than marijuana delivery service. They can only sell what is required to dispense the medicine. Mr. Tedtmann commented pharmacies sell a variety of products. Mr. Mack explained there is a separate license for a pharmacy. A pharmacy cannot dispense medical marijuana. Mayor Grant asked if a pharmacy could sell products as seen on TV. Mr. Mack did not think it would be permitted. Dr. Jeff Eder, Orthodontist in Boynton Beach, had concerns about the concept as there are issues with medical marijuana. He explained there are only two forms of medical 25 Page 408 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 cannabis approved by the FDA prescribed for use and there is no actual evidence to support marijuana does anything for its patient in its typical form. The CDC and American Medical Association all have real information on the website about the issue and bringing this to Boynton Beach, as a practitioner, is problematic because they have no information about it. He believes good will result from marijuana trials, but the proof is not there yet and he thought the issue was premature. He felt the people operating these facilities are not medically trained or pharmacists, and are lay people who are in it for the money. Marijuana causes lung and mouth cancer. He understood they are allowed to have satellite locations over which the City will have no control if approved and there will be vape shops. He had an ethical problem as he felt this issue was rubber stamped. He took an oath to do no harm and contended when a doctor prescribes marijuana, they do not know about the dosage and the concentration varies. He thought they were opening a Pandora's Box and opening the door for the recreational use of marijuana as it has in every other state down the road. Mayor Grant responded five states allow recreational marijuana and 26 states allow for medical marijuana. The use is permitted by the constitution and a super majority voted for it. It does not matter if the City has a dispensary or not as anyone can have the product delivered. Having a dispensary in the City allows residents to talk to a doctor. Since marijuana is federally banned as a controlled one substance, there is no data or proof it cures or helps any ailment. He spoke to the sheriff and police officers and they indicated marijuana does not make one combative as opposed to alcohol. Dr. Eder explained the use was approved by the voters, but every other medication had to be approved through the FDA. He pointed out this slipped through and noted there is an opioid problem. Marijuana was being approved and he thought it was part of the problem. Mayor Grant pointed out the voters have the ability to change the constitution by a 60% majority. This initiative failed in 2014. Palm Beach County favored it by 75%. He agreed lay people made the decision. Commissioner Casello asked if the dispensary could sell anything that could be smoked. Mr. Mack understood it was still undetermined. Commissioner Casello thought there have been studies that it does provide some type of benefits for certain diseases. He expressed at some point it will be totally legal in all states and agreed if not for anything else, it will be a money making operation. The Constitution says it is legal and voters approved it. Dr. Eder advised the studies were based on non-scientific methodologies and are entirely anecdotal. He explained the efficacy of drugs has to be scientific. There is no evidence it meets the standards for FDA approval. He asserted individuals were being bluffed into fake news/science. The evidence is not there yet, but he believed it would come. Commissioner Casello asked about alcohol. Dr. Eder explained it is a drug. The difference between medication and poison is dosage. There have been situations where patients took medical marijuana and they hurt or killed themselves. One guy jumped off balcony and a woman shot her child after taking medical marijuana. He explained there 26 Page 409 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 are ramifications and it is difficult to detect. If someone is stopped for a DUI, there is no way to measure it. No one else coming forward, public comments was closed Vice Mayor Katz had spoken with Dr. Eder earlier and appreciated his willingness to speak on the issue and contribute. Commissioner Casello agreed. Commissioner Romelus supported the move in terms of doing things to help improve the quality of life for patients, but noted the City lost its ability to legislate the way these facilities come into the City. Cities should control its licenses, the number of facilities and others. She felt the City's authority was usurped and due to that fact, she would not support it. Commissioner McCray appreciated Dr. Eder's comments and advised he would not vote in favor. Motion Vice Mayor Katz moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 3-2 (Commissioners McCray and Romelus dissenting.) 10. CITY MANAGER'S REPORT A. Discussion of process of selling city owned land requested by Vice-Mayor Katz. Ms. LaVerriere advised at the request of Vice Mayor Katz, staff included an ordinance in the meeting materials. Prior to 2012, the City was required to place land out to public bid in order to dispose of it. The City amended the Ordinance in 2012, to use a realtor instead as the land price was low balled using the bid process. The current process allows buyer, if someone is interested in buying land, to send her a letter which she reviews and brings to the City Commission. The City can hire a broker, similar to the process used by the CRA to acquire land, and the City would not be named as a party. It helps the negotiations. There were a few sites the Commission had discussed selling in the past and one was by Leisureville. Vice Mayor Katz explained Habitat for Humanity was interested in the site to the east of Leisureville and he had spoken with Leisureville, who was interested in obtaining the site. The third option was to use a broker. The parcel the City owns can fit 10 to 11 single family detached homes. Leisureville residents want to buy the entire parcel, but could not afford the entire parcel. 27 Page 410 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 (Commissioner Casello left the dais at 9:23 p.m.) (Commissioner Romelus left the dais at 9:24 p.m.) He was in favor of allocating the property, particularly the south end which is locked between existing Leisureville structures to them for free or a nominal price and list the remainder of the property with a broker for development. He commented the City could generate a couple of$100,000 if there was a buyer. He thought the market would support it and the homes in Leisureville sell in the $200,000 range. He was looking for staff to review the parcel and see what portion Leisureville could use to expand. They were interested in using the property for a recreational facility or for a fenced-in dog park and then brokering the remainder of the property. (Commissioners Casello and Romelus returned 9:26 p.m.) Mayor Grant favored interested parties contacting the City Manager. He noted Leisureville spoke to Vice Mayor Katz, but to no one else. If someone is interested in City or CRA land, they should issue a letter of intent and they discuss it and see if anyone else is interested in the property. They could also use an RFP. Commissioner McCray wanted to discuss maps 171 and 172, which is the Rolling Green Municipal Complex. Citizens have informed him it is poorly kept, and rats leave the property and go to the neighboring homes. Mayor Grant inquired if there were any improvements planned. He also noted the Public Works location was becoming cramped. Colin Groff,Assistant City Manager, explained it is a difficult site to develop as it is behind the neighborhood and there is only access through the neighborhood. If the City Commission wanted, staff could bring back plans for that site. It is currently used and the City has to have a place to store dumpsters and carts. The other element is to have thee party write the City Manager a letter and staff will develop a plan to bring back to the City Commission. Mayor Grant noted there are parklands available and the City will work with anyone who wants to help build parks. Commissioner McCray clarified, in reference to the two parcels he spoke of, the City is not interested in moving Public Works to that location. The community was still waiting for another location to be found for Public Works. Commissioner Casello noted there were a few properties by Nickels Boulevard. Mr. Livergood explained the property was part of a land swap with Westside Baptist Church 25 years ago. He commented people who are interested in vacant land cannot approach the City and Palm Beach County was part of the process. The property is deed restricted and must be for public use. There were other discussions with the County. The property was supposed to be for housing and there is a process to follow. I 28 Page 411 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Commissioner Casello asked why it was taking 25 to 30 years to have that discussion. Ms. LaVerriere responded it was fear of resistance from the neighborhood. Commissioner Casello thought it should be discussed and a strategy developed. As it pertained to the Nickels property, the City would have to speak with the County to remove the deed restrictions. Mr. Groff explained he has a list and received comments on two of the properties. The City would contact Leisureville and bring it back to the Commission and also investigate the Rolling Green parcels. Mayor Grant explained if the Nickels property is a public use, the dumpsters could go there. Commissioner McCray commented they could build more homes to fill up the neighborhood. There is a redevelop opportunity on the Rolling Green site. Vice Mayor Katz had an inquiry about the scrub parcel behind the baseball diamond at Galaxy Elementary School adjacent to 1-95. Ms. LaVerriere explained staff would have to review it and was aware there are tortoises there. Commissioner Romelus asked about plans for Girl Scout Park. Mr. Groff explained there are restrictions on the property and staff has been approached by private companies to develop the park. He clarified the discussions were not just to develop the park, it was to develop a Trust to maintain the park. Staff started the ball rolling to determine interest to installing a passive park to fit the neighborhood. The Recreation and Parks Advisory Board tours the parks each year and establishes priority areas to address. Ms. LaVerriere explained there has been a lack of funding. Commissioner Romelus thought they could allocate Surtax funds for capital projects and wanted to see it developed. Mr. Groff advised staff will bring information back as they develop. Mr. Livergood pointed out there are park impact fees to assist and advised the Surtax funds have already been allocated for maintenance of existing land. Commissioner Romelus clarified she was referencing capital funds that would have been used for infrastructure that are now available due to the surtax funds. Ms. LaVerriere explained most of the capital funds were not available and that was why the work was not done. There is not a lot of money, but staff will review it and discuss it in the new budget year. Ms. LaVerriere explained there is a new member of the Greater Boynton Beach Foundation who lives in that area who is interested in fundraising opportunities and making improvements at Girl Scout Park. Commissioner Casello asked how many parks the City has. Wally Majors, Recreation and Parks Director, responded there are 29 developed and 7 undeveloped parks. He explained this discussion took place when the Department presented its Master Plan. The focus was to maintain what the City has and to take advantage of grants and partnerships to develop and maintain parks to alleviate the burden on the General Fund. He pointed out parks are there because the City is going to continue to grow. The Comprehensive Plan mandates the City set aside 2.5 acres per 1,000 residents for parks and the City is 29 Page 412 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 close to that level. Commissioner Casello asked if the City was in a positon to maintain its 29 parks properly. Mr. Livergood responded the City struggles with maintenance and was happy with the surtax. Commissioner Casello felt if the City cannot maintain the sites, it is land without a purpose. Mr. Livergood explained it is part of recreation. Commissioner McCray asked how much money in parks impact fees was available and learned it was about $500,000. Mr. Majors explained the funds are to be used for park development or improvements and the first place to look is the area where the impact fees from the development were collected. If there is no need for an improvement or a park in that area, then staff can look at parks with a district service area. He noted staff was making improvements at Barrier Free Park with the funds. Commissioner McCray wanted the amount and a copy of the Ordinance. Commissioner Casello explained the City was spending $1.3 million at Sara Sims Park and has no plan how to maintain it after they spend the funds. He favored maintaining parks to the highest standards and if they could not, they should not make the land a park. Mr. Livergood advised the Nickels Road, Leisureville, Rolling Green and the Galaxy Scrub area items will return to the Commission at different times. Commissioner Casello requested researching Meadows Park as well. B. Presentation of FY 17/18 Strategic Plan Initiatives by Trina Pulliam. This item was previously addressed. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-099 - Approve and authorize the First Amendment to the Homeless Resource Center Interlocal Agreement with Palm Beach County. B. Ms. LaVerriere explained the item is an Interlocal Agreement with the Homeless Resource Center, known as the Lewis Center, and the agreement addresses protocol when the City encounters a homeless person and transports them to the Center. She advised most homeless decline to go and the item is a housekeeping item. The City agrees to pay the cost of the transport and the amendment is to add language pertaining to the Inspector General and a discrimination clause. Commissioner McCray asked about panhandlers on the entrance ramp to 1-95. Jeff Katz, Police Chief, responded those individuals are often homeless and they are not supposed to panhandle on entrance and exit ramps on the Interstate. Commissioner McCray asked 30 Page 413 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 who cleans up after them as the City is trying to enhance its image and there are bags of trash. He noted City trucks ride by and he thought they should stop and pick up the trash. Mr. Livergood responded it is FDOT land and it is their responsibility to keep it clean. Mr. Livergood explained they do hire a contractor to go to exit ramps where people stop at the light and throw out garbage, but it is frustrating. The City has garbage collectors, not litter pickers. Picking up litter is a very time intensive task. Mayor Grant asked what recourse the City has to stop panhandlers. Chief Katz explained Officers can stop them, field interview them and in some instances arrest them, but it is a matter of resources and priorities. Mayor Grant suggested policing the situation between 4 p.m. and 6 p.m. and 7 a.m. and 9 a.m. Commissioner Casello saw a panhandler walking down the off-ramp from 1-95 off Gateway who was barefoot and dazed with a sign asking for food. He asked who to call to report him and was advised he could call the Police Department or *FHP. He had also noted another person on the overpass making zen- type moves and an officer drove by. Commissioner Casello was concerned and called to have someone check on the person. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. Commissioner Casello has requested to discuss the possibility of adding a monthly report on the Red Light Camera program to the consent agenda. Commissioner Casello requested the City Commission receive a quarterly report on the expenses to be approved each quarter regarding the Red Light Camera program for the sake of transparency. He proposed the report detail what is occurring with the cameras, increases or decreases in accidents that occurred, and a breakdown of the revenues generated. The report will be put on the Consent Agenda. Mayor Grant was fine with a quarterly report. He noted the monies increased, but so did the population. He favored the report be given on a percentage basis and not a number basis. Chief Katz agreed. Commissioner McCray requested someone check on the red light by the school Mr. Garcia had mentioned and give him a report and thought there should be a resolution to obtain a countdown timer. Chief Katz explained they would have to contact the County Engineer as the City has nothing to do with the timing of the lights. Mayor Grant clarified he wanted a traffic counter to advise individuals how much time pedestrians had to cross. Mr. Livergood approached the County and advised they are not in favor of the timers on their signals. Ms. LaVerriere had also been speaking with Mr. Garcia about the timer. Mayor Grant commented they would have to lobby the County Commission. 31 Page 414 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Attorney Bridgeman explained the County controls the signals, but the timing of the traffic signals is set by the State. The reason why the County is hesitant to use the countdown timers on the signal is because how long the timing is for yellow and red often fluctuates and changes each year. Mayor Grant explained it is an expensive piece of equipment, but is something the City may be able to obtain. Mayor Grant asked if the City was working with the County controlling the traffic flow regarding Pirates Fest. The West Palm Beach police work well with the County Engineer to assist exiting attendees after an event, versus the Sheriff's office at the County Fairgrounds. Chief Katz replied they have a comprehensive plan to deal with a lot of issues related to traffic and safety. Commissioner Casello noted the State could change the timing of the lights and asked if the 15 Red Light Cameras, depending on traffic flow, are altered. Attorney Bridgeman explained it was not traffic flow that determines a light's duration. It is the speed limit on the road. The higher the speed limit, the longer the yellow light. Four years ago, the State changed it and Broward did not change their timing immediately. Some counties do not change them as quickly as they should and it is hard to keep track. It is important to ensure the vehicle has enough time to stop. Commissioner Casello thought there may be a correlation. Mayor Grant requested the Commission receive a copy of the Statute from Attorney Bridgeman. Commissioner Romelus wanted to know why Mr. Livergood was opposed to the timers. Mr. Livergood explained he thought it was a human behavioral issue. The more they distract motorists and give them more things to watch, the more it impacted accident rates. Motorists do anything they can to game the system. As a professional engineer, he thought it was best to maintain national standards in the operation of traffic signals so there is consistency throughout the country. There was consensus for a quarterly report to be provided.. 13. LEGAL A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. HASAN CALISKAN, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant— Case No. 50 2015 CA 008096XXXXMB Attorney Bridgeman read the above captioned case. Present at the meeting would be James Cherof, City Attorney; Tracy DeCarlo, Assistant City Attorney; Lori LaVerriere, City Manager; a court reporter; the Mayor and City Commission. About 30 minutes would be needed. She requested the shade session occur on November 7t", before the next City Commission, because the trial is scheduled to commence the following week. Mayor Grant noted they would have a meeting from 4 p.m. to at least 6:30 p.m. Dinner will be 32 Page 415 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 provided. The session will be held at the same time as the workshop. Ms. LaVerriere will apprise all of the meetings. 14. FUTURE AGENDA ITEMS A. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. B. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 2017 C. Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay— November 7, 2017. D. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - November 7, 2017 E. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - TBD F. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission — TBD G. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-in itiated.(First Reading approved 8115, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) i PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu-3). Commissioner Romelus requested quarterly reports on the surtax be provided. Ms. LaVerriere responded the Surtax Committee meets once during the year and at the close of the year has an audit. Staff can provide a quarterly report including revenues to-date and projects underway or completed. Commissioner Romelus also wanted the City Commission to consider a Resolution in support of Senate Memorial 442 and House Memorial 263, which are memorials in 33 Page 416 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 support of extending temporary protected status for Haitian Americans living in the U.S. She noted there are about 58,000 Haitians impacted and January 22nd is the deadline when they have to return to Haiti. She advised the country is not yet ready to support them and they recently were impacted by the category four hurricane and a cholera outbreak. She requested support of the Resolution that the Florida Legislature is sending to the President. Commissioner Romelus will obtain a copy of it for the next agenda. 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Casello moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:07 p.m. (Continued on next page) CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor - Justin Katz 34 Page 417 of 1712 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Commissioner- Mack McCray Commissioner- Christina Romelus ATTEST Commissioner- Joe Casello Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist i 35 Page 418 of 17 2 7.A. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-108-Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$117,320 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor. EXPLANATION OF REQUEST: Service Agreement: December 1, 2017 - November 30, 2018 The City maintains a radio telecommunications system that provides the Police Department, Fire/Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness. The City has had a relationship with Motorola spanning more than 25 years and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and updates required. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc.) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly as their work orders are routed through Motorola. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that public safety and relevant local government entities can maintain radio communications which is critical to the provision of services to the community. FISCAL IMPACT: Budgeted Budgeted Funds have been included in the FY 2017/18 Proposed Budget in line item 001-2112-521.46-24. ALTERNATIVES: Radio communications are mission critical to the public safety function. The maintenance contract is required to insure continued operations of the system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 419 of 1712 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Motorola Solutions START DATE: 12/1/2017 END DATE: 11/30/2018 CONTRACT VALUE: $117,320 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution appro\4ng the Ser\4ce Agreement with Motorola D Contract Motorola Renewal Contract Page 420 of 1712 1 RESOLUTION NO. R17- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AN ANNUAL SERVICE AGREEMENT 6 WITH MOTOROLA, INC., PROVIDING FOR THE CONTINUED 7 MAINTENANCE AND REPAIR OF THE CITY'S RADIO 8 TELECOMMUNICATIONS SYSTEMS AS A SOLE SOURCE 9 VENDOR IN THE AMOUNT OF $117,320; AUTHORIZING THE 10 CITY MANAGER TO SIGN THE AGREEMENT; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City maintains a radio telecommunications system that provides the 15 Police Department, Fire Rescue Department and other local government entities with radio 16 communications; and 17 WHEREAS, Motorola, Inc., manufactured and installed our current system which 18 consists of computer consoles, portable radios, antennas and operational readiness; and 19 WHEREAS, the City has a twenty-five year relationship with Motorola; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to enter 22 into a Service Agreement with Motorola, Inc., for the continued maintenance and repair of 23 the City's radio telecommunication systems. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\C076E6EB-EB41-4775-A9D1-BCC4AEC75ADF\Boynton Beach.7461.1.Moto rola_Service_Agr_(2017-18)__Reso.doc Page 421 of 1712 30 approves the Service Agreement for the continued maintenance and repair of the City's radio 31 system between the City of Boynton Beach and Motorola, Inc., in the amount of$117,320. 32 Section 3. The City Manager is authorized to sign the Service Agreement, a copy 33 of which Agreement is attached hereto as Exhibit"A." 34 Section 4. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2017. 36 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Joe Casello 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) 65 66 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\C076E6EB-EB41-4775-A9D1-BCC4AEC75ADF\Boynton Beach.7461.1.Moto rola_Service_Agr_(2017-18)__Reso.doc Page 422 of 1712 MOrOROLA SOLUTIONS SERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001000428 1301 East Algonquin Road Contract Modifier: RN20-JAN-17 08:59:21 (800)247-2346 Date: 01/23/2017 Company Name: Boynton Beach, City Of Required P.O.: No Attn: Customer# : 1000303040 Billing Address: 100 E Boynton Beach Blvd Bill to Tag # : 0001 City, State, Zip: Boynton Beach,FL,33435 Contract Start Date: 12/01/2017 Customer Contact: Contract End Date: 11/30/2018 Phone: Anniversary Day: Payment Cycle: MONTHLY PO# : QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $9,776.67 $117,320.0 SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal- One-Time Event Services Total $9,776.67 $117,320.0 Taxes - - MAINTENANCE CONTRACT INCLUDES THE Grand Total $9,776.67 $117,320.0 FOLLOWING SERVICE PRODUCTS: DISPATCHING,TECHNICAL SUPPORT, THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING NETWORK MONITORING, INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE, LOCAL RADIO COMBO PACKAGE, SECURITY MONITORING AND SECURITY UPDATE SERVICE FOR RADIO SYSTEM AND SUBSCRIBERS. "'The prices quoted via this service contract renewal are valid only until expiration of the current service contract. If Customer does not provide to MSI a valid,executed contract renewal within 30 days of contract expiration a one-time administrative fee equal to 5%of the subsequent years annual contract rate will be billed to the Customer upon reestablishment of the expired service contract. Pricing on the 5%Administration fee once delinquent= 913.00— Subcontractor(s) City State MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL N MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SSC NETWORK SECURITY SCHAUMBU IL D0298 RG MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER-NETWORK MGMT D0067 RG MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL CENTER D0066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT-TECHNICAL SUPPORT D0068 RG Page 423 of 1712 I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Cindee Markes 954-723-4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Boynton Beach, City Of Contract Number: S00001000428 Contract Modifier: RN20-JAN-17 08:59:21 Contract Start Date: 12/01/2017 Contract End Date: 11/30/2018 Page 44 of 1712 Customer: Boynton Beach, City of Effective: 12/1/2017 Contract#: S00001000428 (Qty Equipment Description 5 MCC7500 consoles 5 GTR8000 Repeaters 227 APX6000 Model 2.5 85 APX6000 Model 1.5 19 APX4000 Model 2.5 128 APX6500 Mobile 6 APX7500 Consolettes See attached serial number list for subscribers included Contract includes 1 Annual Preventative Maintenance Inspection to be scheduled upon customer request Contract includes local Pick up and Delivery services Page 425 of 1712 Motorola Solution Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the City of Boynton Beach, Florida ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola' s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 100203944.1 306-90018211 4 Page 426 of 1712 Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within forty- five (45)days of the invoice date. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 100203944.1 306-90018211 Page h7 of 1712 Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability,whether for breach of contract,warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, subject to the requirements and limitations for Florida's Public Records law, pursuant to Chapter 119, Florida Statutes, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. 100203944.1 306-90018211 Page h8 of 1712 Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. 18. Motorola shall comply with Florida's Public Records Law. Specifically, Motorola shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Motorola does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of Motorola or keep and maintain public records required by the City to perform the service. If Motorola transfers all public records to the City upon completion of the contract, Motorola shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure 100203944.1 306-90018211 Page Z29 of 1712 requirements. If Motorola keeps and maintains public records upon completion of the contract, the Motorola shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. Revised October 2017 100203944.1 306-90018211 Page hO of 1712 MOTOROLA SOLUTIONS Statement of Work Network Monitoring, Onsite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000, SmartZone®/OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and higher, and Hannony®Wireless Communications System. The terns of this Statement of Work (SOW) are an integral part of the Motorola Service Terns and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center(SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support,or opening a Case for dispatch of a Servicer. If dispatched,the Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On-Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTR025, SmartZone/OmniLink,Private Data,and Hannony Wireless Communications network types.The Connectivity Matrix set forth in Appendix 1,further describes the Connectivity options. 2.2 If detennined necessary by Motorola,provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment,the type equipment and location installed is listed in the Motorola Owned& Supplied Equipment Table. 2.3 If detennined necessary by Motorola,provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment,the type of equipment and location installed is listed in the Motorola Owned& Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as pennitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1 Characterize the issue 2.7.2 Detennine a plan of action 2.7.3 Assign and track the Case to resolution. 2.8 Dispatch a Servicer,as required,by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9 Ensure the required personnel have access to Customer information as needed. 2.10 Disable and enable System devices,as necessary,for Servicers. 2.11 Servicer will perform the following on-site: 2.11.1 Run diagnostics on the Infrastructure or FRU. 2.11.2 Replace defective Infrastructure or FRU,as applicable.Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3 Provide materials,tools,documentation,physical planning manuals,diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System,the Servicer may accompany that Vendor onto the Customer's premises. Page 4931 of 1712 2.12 Verify with Customer that Restoration is complete or System is functional,if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration,the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate party upon expiration of a Response time. 2.14 Close the Case upon receiving notification from Customer or Servicer,indicating the Case is resolved. 2.15 Notify Customer of Case Status,as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed;or 2.15.2 Open,assigned to the Servicer,arrival of the Servicer on site,deferred or delayed,closed. 2.16 Provide the following reports,as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25,SmartZone/OmniLink,and Private Data Systems only. 2.17 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is detennined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewall has been installed;provide pennanent/dedicated access for SNMP traps(outbound)and ZDS polling(inbound).Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1,further describes the Connectivity options. 3.4 Unless otherwise specified,Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1,further describes the Connectivity options. 3.5 Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure fonns. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID nmmber 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer perforans any activity that impacts the System. (Activity that impacts the System may include,but is not limited to,installing software or hardware upgrades, perfonning upgrades to the network,or taking down part of the system to perfonm maintenance.) 3.8 Allow Servicers access to Equipment(including any Connectivity or monitoring equipment)if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply Infrastructure or FRU,as applicable,in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verify with the SSC that Restoration is complete or System is functional,if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is detennined that System faults were caused by the Customer making changes to critical System parameters 3.15 Cooperate with Motorola and perfonm all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. Page lh2 of 1712 Severity Definitions Table ' e��ritytL� el Pir�ableni T"�pi~� t Severity 1 1.Response is provided Continuously 2.Major System failure 3.33%of System down 4.33%of Site channels down 5. Site Environment alanns(smoke,access,temp,AC power)as detennined by the SSC. 6.This level is meant to represent a major issue that results in an unusable system, sub-system,Product,or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 1.Response during Standard Business Day 2. Significant System hnpainnent not to exceed 33%of system down 3. System problems presently being monitored 4.This level is meant to represent a moderate issue that limits a Customer's nonnal use of the system,sub-system,product,or major non-critical features from a Customer's perspective Severity 3 1.Response during Standard Business Day 2.Intennittent system issues 3.Information questions 4.Upgrades/preventative maintenance 5.This level is meant to represent a minor issue that does not preclude use of the system,sub-system,product,or critical features from a Customer's perspective.It may also represent a cosmetic issue,including documentation errors,general usage questions,reconnmendations for product enhancements ori modifications, and scheduled events such as preventative maintenance or product/system upgrades. On-Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). e r ty tI el P S 1t "i"", "' T s,Or 1 Q f D fer>al Severity 1 Within 2 hours from receipt of Notification 8 Hours Time provided Continuously by Servicer* Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Standard Business Day by Servicer* Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided Standard Business Day by Servicer Please note these are Standard Commitment tunes.The coni nitinent times should be based on the Customers Support Plan. Provide update before the specific contractual commitments come due. *Note:Provide update to System Support Center before Deferral time comes due. Appendix 1 Connectivity Matrix ` yste�n Type ,,' annec`t�ity R��p©ii�`ilility {`' Astro 25 Tl Motorola SmartZone/OmniLink v3.5 and below 256K Motorola SmartZone/OmniLink v4 and above 512K Motorola Private Data 256K Motorola ARC 4000 Tl or VPN Motorola MESH Tl or VPN Motorola Hannony Tl Motorola Page X433 of 1712 MotoBridge Tl or VPN Motorola SmartNet Dial-up Customer All Custt�merS�) �'�pt��'A�dilable'o�l��ti� ustt�mer� aixtstd� U i f Standard solution for real time Connectivity Non Standard solution for Connectivity Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption available Encryption is required Connectivity available through Motorola Customer provides Connectivity to the internet via an internet service provider selected by Customer. Motorola Owned&Supplied Equipment Table E uipri enty'pe Le ai is ' nst 64 Firewall/Router Master Site System Support Server Master Site for each Zone Monitored Elements Table(Listed by technology) stem hype Lquiiprien = 1,e�rCf117pproiu1 Sepreinher,2010 Page lh4 of 1712 0 ,WL.+ Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair with Advanced Replacement is a repair service for Motorola and select third parry Infrastructure as set forth in the applicable attached Exhibit(s),all of which are hereby incorporated into this Statement of Work(SOW)by this reference. Infrastructure may be repaired down to the Component level,as applicable,at the Motorola Infrastructure Depot Operations(IDO).At Motorola's discretion,select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair.If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor,Motorola may replace Infrastructure with similar Infrastructure,when possible. When available,Motorola will provide Customer with an Advanced Replacement unit(s)or FRU(s)in exchange for Customer's malfunctioning FRU(s).Non-standard configurations,Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service.Malfunctioning FRU(s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. The teens and conditions of this SOW are an integral part of Motorola's Service Teens and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide new or reconditioned units as FRU to Customer or Servicer,upon request and subject to availability. The FRU will be of similar kit and version,and will contain like boards and chips,as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable,a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO or select third party FRU inventory to Customer specified address. 2.4.1. During nonnal operating hours of Monday through Friday 7:OOain to 7:OOpm CST,excluding holidays,FRU will be sent next day air via Federal Express Priority Overnight or UPS Red,unless otherwise requested. Select third party FRU may ship second day air via Federal Express Priority Overnight or UPS red as noted in the attached exhibit(s). Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs,such as NFO(next flight out). In such cases,Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer,provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO or select third party and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer,IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival,repair and return. 2.7. Perforin the following service on Motorola Infrastructure: 2.7.1. Perforin an operational check on the Infrastructure to detennine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications,as applicable 2.7.4. Perforin a Box Unit Test on all serviced Infrastructure. 2.7.5. Perforin a System Test on select Infrastructure. Page'�35 of 1712 0 ,WL.+ 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perforin pre-diagnostic and repair services to confine Infrastructure malfunction and eliminate sending Infrastructure with no trouble found(NTF)to third party vendor for repair,when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service,when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perforin a post-test after repair by Motorola,original equipment manufacturer,or third party vendor to confinn malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration,when applicable. 2.9. Re-prograin repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5.If Customer template is not provided or is not reasonably usable,a standard default template will be used.If IDO detennines that the malfunctioning Infrastructure is due to a Software defect,IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s),if needed,are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10.Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU.Motorola will return Customer's FRU(s)to IDO's FRU inventory,upon completion of repair. 2.11.Ship repaired Infrastructure to the Customer specified address during nonnal operating hours set forth in 2.4.1.FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs,such as NFO(next flight out). In such cases,Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center(SSC)and request an Advanced Replacement,or Loaner FRU and a return authorization nu ober(necessary for all non- Advanced Replacement repairs)prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description,model number,serial number,type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Finmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order nmmber to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five(5)days of receipt of the Advanced Replacement FRU from IDO's FRU inventory,properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill,referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance,properly package Infrastructure and ship the malfunctioning FRU,at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-daimaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received,Customer must properly package and ship Loaner FRU back to IDO within five(5)days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Finmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In-Car Video Infrastructure,remove video from equipment prior to sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW.Additional services and fee applies. 3.7 Cooperate with Motorola and perfonm all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 4 Page 436 of 1712 0 ,WL.+ 4.0 In addition to any exclusions named in Section 5 of the Service Tenns and Conditions or in any other underlying Agreement to which this SOW is attached,the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven(7)years from product cancellation date. 2. All Broadband/WiNS Infrastructure three(3)years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third parry Equipment not shipped by Motorola. 5. Consumable items including,but not limited to,batteries,connectors,cables,tone/ink cartridges. 6. Video retrieval from Digital In-Car Video equipment. 7. Test equipment. 8. Racks,furniture and cabinets. 9. Finnware and/or Software upgrades. Page%7 of 1712 0 7L Console Only Infrastructure Exhibit Inclusions,Exclusions,Exceptions and Notes Card Cages Included Central Electronics Bank(s)(CEB) Includes Logging Recorder Interface and Network Hub,Base Interface Module(BIM),Console Operator Interface Module(COIM),Operator Interface Module(OMI). Excludes all other technologies see SOW specifically for NICE logging recorders Central Electronic Shelf(CES) Included Computer(s) Includes computers that directly interface with CEB.Includes keyboards,mice and trackballs. Excludes laptop computers and all 286,386,486 computers.Defective or phosphor-burned cathode ray tubes CRT(s)and burned-in flat panel display image retention. Console(s) Includes consoles(CommandSTAR,CommandSTAR lite,Centracom Gold Elite MCC7500,MCC7500 w/ VPM,MCC5500,MIP5000,MC1000,MC2000,MC2500,MC3000)as part of complete communication System—Including headset jacks,dual footswitches,and gooseneck microphones and Console Interface Electronics. Excludes cables Console Audio Box CAB Included Dictaphones,Logging Recorders and Recording Excludes all technologies Equipment see SOW specifically for NICE logging recorders Junction Box Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract,time and material basis.All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s)and burned-in flat panel displays image retention as well as monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Site Frequency Standard(s) Includes Netclocks systems Excludes MFS-Rubidium Standard Network Time and Frequency devices UPS Systems. Excluded from service agreements but may be repaired on an above contract,time and material basis.All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Page lh8 of 1712 MOTOROLA SOLUTIONS Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment.The Motorola System Support Center's(SSC)Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system perfonnance issues. Technical Support Service(i)does not include software upgrades that may be required for issue resolution; and(ii)does not include Customer training(iii)is only available for those system types supported and approved by Technical Support Operations,(iv)limited to Infrastructure currently supported by Motorola. Technical Support is applicable to the following system types:ASTRO®,ASTRO®25,ARC 4000, SmartZone®v2.0.3 and higher, SmartZone®/OmniLink®, E911, Private Data v2.0.3 and higher, SmartNet®, Conventional Two-Way, and Wireless Broadband. The teens and conditions of this Statement of Work(SOW)are an integral part of Motorola's Service Teens and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.1.1 If Infrastructure is no longer supported by Motorola,Technical Support will diagnosis the System but may not be able to resolve the issue without the Customer replacing the Infrastructure. 2.2. Advise caller of procedure for detennining any additional requirements for issue characterization, Restoration,including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics,when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case,as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s),as needed. 2.6. Escalate and manage support issues,including Systemic issues,to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Detennine,in its sole discretion,when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following Responsibilities: 3.1. Provide Motorola with pre-defined infonnation prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Submit changes in any infonnation supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation,provide name of caller,name of Customer, System ID number, Service Agreement number,site(s)in questions,and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Remove video from Digital In-Car Video equipment prior to contacting Motorola.If Technical Support assists the Customer in removing video,the Customer acknowledges,understands and agrees that Motorola does not guarantee or warrant that it will be able to extract any captured video or that any captured video will not be damaged,lost or corrupted. Page'Z39 of 1712 3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.8 Cooperate with Motorola and perforin all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table ' e��ritytL� el Pir�ableni T"�pi~� t Severity 1 1.Response is provided Continuously 2.Major System failure 3.33%of System down 4.33%of Site channels down 5. Site Environment alanns(smoke,access,temp,AC power)as detennined by the SSC. 6.This level is meant to represent a major issue that results in an unusable system, sub-system,Product,or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 1.Response during Standard Business Day 2. Significant System hnpainnent not to exceed 33%of system down 3. System problems presently being monitored 4.This level is meant to represent a moderate issue that limits a Customer's nonnal use of the system,sub-system,product,or major non-critical features from a Customer's perspective Severity 3 1.Response during Standard Business Day 2.Intennittent system issues 3.Inforination questions 4.Upgrades/preventative maintenance 5.This level is meant to represent a minor issue that does not preclude use of the system,sub-system,product,or critical features from a Customer's perspective.It may also represent a cosmetic issue,including documentation errors,general usage questions,recoimnendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table E�ERIT'Y _ I� FUI�TL Severity 1 Within 1 Hour from receipt of Notification,Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day Appr°o7,ed fit' Lely"'al 11-20-09 is.440 of 1712 MOTOROLA SOLUTIONS Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads,provided that they are required for nonoral operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; MEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers;batteries,mobile antennas;mobile power&antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick-up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The tenors and conditions of this SOW are an integral part of Motorola's Service Tenors and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be perfonmed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to detenmine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust,and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment,if the template information can be retrieved from the Equipment,or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable,a generic template utilizing the latest Radio Service Software(RSS)version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Infonet Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up,or if desired,supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable,record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition,Customer is responsible for any progranuning required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts& Compliance 04-30-2004 Page'& of 1712 © MOTOROLA Statement of Work Security Update Service (SUS) 1.0 Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: 1.1 Non-Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti-virus definitions, operating system software patches and signature files that will be pre-tested pursuant to this Statement of Work. 1.2 System: The currently shipping Motorola ASTRO®25 System Release and up to 5 releases prior. 1.3 Supported Release: Security Update Service is available on the currently shipping Motorola ASTRO® 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N-5 release schedule, then they cannot purchase this service. 2.0 Description of Services With Security Update Service ("Service"), Motorola pretests the updated commercial anti-virus definitions for the Microsoft Windows based boxes on a System. This Service includes Motorola obtaining Microsoft Security Updates for Windows operating system, Solaris recommended patch bundles, Red Hat Linux security patches, anti-virus definitions* and intrusion detection sensor updates for Motorola supplied equipment from applicable original equipment manufacturer(OEM). Motorola will evaluate and pre-test each update on Motorola's ASTRO 25 test System components for operational impact. Motorola's verification and evaluation process for anti-virus definitions will consist of applying each update to an appropriate ASTRO 25 system release that corresponds and is consistent with supported** and fielded systems. Each assessment will consist of no less than 36 hours of examination time to evaluate the impact each anti-virus update has to the system. Upon satisfactory completion of the assessment pertaining to anti-virus signatures, these updates will be provided on a weekly basis either automatically or through connecting to Motorola's secured extranet connection. When anti-virus definitions classified as Category 4 (Severe, difficult to contain) and Category 5 (Very Severe, very difficult to contain)by the commercial Approved by Motorola Contracts & Compliance: 8/1/2012 20. Page 442 of 1712 © MOTOROLA supplier are released, Motorola will determine if a high-priority release is necessary. Operating system updates/patches will be made available to our customers electronically upon successful testing in our lab environments on a monthly basis for Microsoft patches and on a quarterly basis for all others. NOTICE: If a customer wants antivirus and IDS updates automatically deployed onto their network, then they must purchase the Security Monitoring service. Otherwise, customers may download the updates from the secure extranet site and manually deploy them onto their network. Motorola will perform testing only on standard configurations certified by Motorola System Integration Testing (SIT) and Motorola supplied equipment/software prior to making an update available to Customers. * -Not all systems are provided antivirus for Microsoft and UNIX platforms. To receive full antivirus support under this service offering, the customer must have a standard ASTRO 25 system that is supported and also has implemented antivirus for UNIX. ** - Supported is defined as the current system release and the last five prior. Support beyond this model requires approval from the Customer Service Manager and the Security Services Product Manager. For extended coverage, please communicate a formal request to your account manager. The customer will be responsible for deploying Microsoft, Oracle, Sun Microsystems, UNIX, and Linux security updates from a Motorola provided secured extranet Web site. Antivirus and IDS updates will be capable of being pushed automatically to the customer ASTR025 network only if the Security Monitoring service is purchased by the customer. If there is a recommended configuration change that is successfully tested on the ASTRO 25 test System, Motorola will provide detailed instructions for performing the configuration change. Inclusions: Security Update Service is available on the currently shipping Motorola ASTRO 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N-5 release schedule, then they cannot purchase this service. Exclusions: Systems that have non-standard configurations that have not been certified by Motorola SIT are specifically excluded from this Service unless otherwise agreed in writing by Motorola. Service does not include pre-tested intrusion detection system (IDS) updates for IDS solutions not purchased through Motorola. NICE Recorder, certain consoles, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site Security products are also excluded. The scope of service coverage is defined by Motorola Services and is subject to change based on OEM support lifecycles. The terms and conditions of this Statement of Work are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. Approved by Motorola Contracts & Compliance: 8/1/2012 Page 443 of 1712 © MOTOROLA 3.0 Motorola has the following responsibilities: 3.1 Obtain anti-virus definitions for the Microsoft Windows platform, intrusion detection sensor signatures for Motorola supplied IDS, Microsoft Security Updates for Windows Operating system, Solaris operating system recommended patch bundles, and Red Hat Linux security patches from Motorola selected commercial suppliers. 3.2 Evaluate anti-virus definitions classified as Category 4 and 5 by Motorola selected commercial supplier to determine if a high-priority release is required. Motorola in its discretion will determine the urgency of the update based on the impact to the System. 3.3 Identify and document latest System vulnerabilities and compliance issues discovered during quarterly vulnerability scan performed in Section 3.4. 3.4 Investigate new vulnerabilities and compliance issues that are identified. Recommended response may include, but is not limited to, ASTRO 25 Systems, deploy security software updates; deploy operating system security updates or patches; implement configuration changes; upgrade to current ASTRO 25 System Release (actual upgrade expense not included in this service offering); or recommending a compensating control. 3.5 Pre-test recommended remediation when applicable and make documentation and/or software updates available to Customer electronically. 3.6 Provide documented response with recommended remediation when applicable for all new vulnerabilities quarterly or at Motorola's discretion to Customer electronically. 3.7 Test anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches by deploying them on a dedicated ASTRO 25 test System with the standard supported configurations, which include Motorola's then current approved cohabitated applications. 3.8 Confirm that tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality on dedicated test System within the standard supported configurations. 3.9 Address issues identified during testing to support functionality under the procedures specified in 3.8 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 3.10 Release pre-tested anti-virus definitions and intrusion detection sensor signatures for Motorola supplied IDS electronically on a weekly basis upon successful completion of the weekly test cycle to be completed one week after release by commercial supplier unless an issue is detected or within 36 hours from Motorola selected commercial supplier's Category 4 & 5 certified virus definitions being available or at Motorola's discretion if determined by Motorola to be a high-priority release. Release may include Approved by Motorola Contracts & Compliance: 8/1/2012 Page2�44 of 1712 © MOTOROLA the anti-virus definition file, intrusion detection sensor signatures, updated configuration files, instructions and other information deemed pertinent by Motorola. 3.11 Release Microsoft, Solaris and Red Hat Linux operating system security patches/updates when they are certified and available with instructions for obtaining patch/update for Customer deployment on the Customer system. Microsoft operating system security updates will be released monthly as available from Motorola selected commercial supplier upon successful completion of monthly test cycle. Solaris and Red Hat Linux operating system security patches will be released quarterly upon successful completion of quarterly test cycle or at Motorola's discretion. 3.12 Notify Customer when the latest release is available with instructions on where to obtain latest release. 3.13 Provide technical assistance if there is an issue with the installation of an update. 3.14 Maintain annual Customer subscriptions for anti-virus definitions and intrusion detection sensor signatures, with Motorola selected commercial supplier. 4.0 Customer has the following responsibilities: 4.1 Provide means for accessing pre-tested files electronically. 4.2 Deploy pre-tested files on Customer System as instructed in the"Read Me" text provided. 4.3 Implement recommended remediation(s) on Customer System as determined necessary by Customer. 4.4 Upgrade System to a Supported System Release as necessary to continue Service. 4.5 Identify one point of contact for issues specific to Security Update Service. 4.6 Cooperate with Motorola and perform all acts that are reasonable and/or necessary to enable Motorola to electronically provide Security Update Service—Platinum to Customer. 4.7 Comply with the terms of the applicable license agreement between Customer and the Non-Motorola Software copyright owner. 4.8 Adhere closely to the System Support Center(SSC)troubleshooting guidelines provided upon system acquisition. A failure to follow SSC guidelines may cause Customer and Motorola unnecessary or overly burdensome remediation efforts that may result in a service fee to Customer. Approved by Motorola Contracts & Compliance: 8/1/2012 Page'445 of 1712 © MOTOROLA 5.0 WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service. Your sole remedies are to require Motorola to re-perform the affected service or at Motorola's option to refund, on a pro-rata basis, the service fees paid for the affected service. During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality, and that after incorporation of the recommended remediation action the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer's use of the Software or Products will be uninterrupted or error-free or that the Software or the Products will meet Customer's particular requirements. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO PRE- TESTED ANTI-VIRUS DEFINITIONS, DATABASE SECURITY UPDATES, OPERATING SYSTEM SOFTWARE PATCHES, AND INTRUSION DETECTION SENSOR SIGNATURE FILES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, MOTOROLA DISCLAIMS ANY WARRANTY CONCERNING THE NON-MOTOROLA SOFTWARE AND DOES NOT GUARANTEE THAT CUSTOMER'S SYSTEM WILL BE ERROR-FREE OR IMMUNE TO VIRUSES OR WORMS AS A RESULT OF THESE SERVICES. Approved by Motorola Contracts & Compliance: 8/1/2012 24 of 1712 © MOTOROLA STATEMENT OF WORK Security Monitoring Overview: Security Monitoring is a service offering that provides Security Monitoring to identify malicious activity that will or might cause system interference or corruption. Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: Non-Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti-virus definitions, operating system software patches and signature files that will be pre-tested pursuant to this Statement of Work and the procurement of the Pre-Tested Software Subscription Service. 1.0 Description of Services ASTRO 25 Security Monitoring includes monitoring and managing the Motorola security equipment present on the Customer's System. Monitoring security equipment requires Customer to purchase a Core Security Management Server with Customer's System. Motorola will monitor Elements of a System for Events, as set forth in the Monitored Elements Table below. When the Motorola System Support Center (SSC) detects an Event, trained technologists that are experienced with identifying and interpreting security incidents will acknowledge the Event, run remote diagnostic routines, and initiate an appropriate Response. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development, attempting remote Restoral, or transferring the Event by opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On-Site Response Time Table in order to Restore the System. Motorola will proactively manage the security Elements present on the System as needed to mitigate the risk of vulnerability such as a virus, worm or other intrusive attack on the System. This may include periodically deploying the latest release of pre-tested intrusion detection sensor signature files on the network barrier (ONLY for IDS supplied to Customer by Motorola and if present on the System) as determined by Motorola. Motorola will also modify intrusion sensor settings and update firewall settings as determined by Motorola and will notify Customer of such modifications. Motorola will provide Case Management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. Approved by Motorola Contracts & Compliance: July 22, 2009 Pagei47 of 1712 © MOTOROLA This Case management allows Motorola to provide activity and performance reports as well as ensures timely resolution of issues. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement(s) to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO 25 System. The Connectivity Matrix set forth below further describes the Connectivity options. NOTICE: If Network Monitoring (a separate Service) is not acquired, an additional fee will be applied to the customer. 2.2 Provide dedicated connectivity necessary for monitoring. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned& Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Coordinate with Customer to maintain Motorola service authentication credentials. 2.6 Continuously receive service requests. 2.7 Perform Continuous monitoring of System Elements as set forth in the Monitored Elements Table. 2.8 Interpret System Events and determine appropriate Response. An appropriate Response could include the following actions: notify customer of activity, continue monitoring the Event for further development, review System log files or transfer the Event information via a Case for dispatch of a Servicer. 2.9 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.10 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1. 2.11 Attempt remote Restoral, as appropriate. Some System functions may be disrupted as necessary to maintain System integrity until further validation of the Event occurs. This may include shutting down applications, applying security tools, resetting box, or instructing Servicer to reload applications and operating system software as necessary. This does not include a technician being physically dispatched. 2.12 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.12.1 Characterize the issue 2.12.2 Determine a plan of action 2.12.3 Assign and track the Case to resolution. Approved by Motorola Contracts & Compliance: July 22, 2009 26. Page448 of 1712 © MOTOROLA 2.13 Ensure the required personnel have access to Customer information as needed. 2.14 Disable and enable System devices, as necessary, for Servicers. 2.15 Servicer will perform the following on-site: 2.15.1 Run diagnostics on the Infrastructure or FRU. 2.15.2 Replace defective Infrastructure or FRU, as applicable to security components provided by or approved by Motorola. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.15.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any Security requirements necessary to perform the Maintenance service. 2.15.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.16 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.6. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.17 Escalate the Case to the appropriate party upon expiration of a Response time. 2.18 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.19 Notify Customer of Case Status, as described in the Customer Support Plan at the following Case levels: 2.19.1 Open and closed; or 2.19.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.20 Obtain intrusion detection sensor(IDS) signatures for Motorola supplied IDS, from Motorola selected commercial suppliers. 2.21 Address issues identified during testing to support functionality under the procedures specified in 2.22 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 2.22 Maintain annual Customer licenses for intrusion detection sensor signatures for IDS supplied to Customer by Motorola with Motorola selected commercial supplier. 2.23 Provide the following reports, as applicable: 2.23.1 Case activity reports to Customer. 2.23.2 Network Security Monitoring Service reports for Customer System(s). 2.24 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer has the following responsibilities: Approved by Motorola Contracts & Compliance: July 22, 2009 PageZ49 of 1712 © MOTOROLA 3.1 Allow Motorola Continuous remote access to obtain System availability, performance and configuration data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). 3.3 Provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.4 Maintain and manage any equipment outside of the System. 3.5 Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Provide 7/24 security contact and escalation list 3.5.2 Case notification preferences and procedures 3.5.3 Repair Verification preference and procedure 3.5.4 Database and escalation procedure forms. 3.5.5 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.3 Other pertinent information for Motorola to open a Case. 3.7 Provide all Customer managed passwords required to access the Customer's System to Motorola upon request or when opening a Case to request service support or enable Response to a technical issue. 3.8 Notify the SSC when Customer performs any activity that impacts the System (Activity that impacts the System may include, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the System to perform maintenance.) 3.9 As necessary, upgrade System to Supported System Release as specified in paragraph 2.22. 3.10 Allow Servicers access to Equipment (including any Connectivity or security monitoring equipment)if remote service is not possible. 3.11 Allow Servicers access to remove Motorola owned server upon cancellation of service as set forth in paragraph 2.2. 3.12 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.15.2. 3.13 Maintain and store in an easily accessible location System backups and any/all Software needed to restore the System. Approved by Motorola Contracts & Compliance: July 22, 2009 28- Page4,1D0of 1712 © MOTOROLA 3.14 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.6.3. 3.15 Comply with the terms of the applicable license agreements between Customer and the Non-Motorola Software copyright owners. 3.16 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service. Your sole remedies are to require Motorola to re-perform the affected service or at Motorola's option to refund, on a pro-rata basis, the service fees paid for the affected service. During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches provided if PTSS is procured or provided via ESS, do not degrade or compromise System functionality, and that after incorporation of the tested Software updates, the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer's use of the Software or Products will be uninterrupted or error-free or that the Software or the Products will meet Customer's particular requirements. Motorola disclaims all other warranties with respect intrusion detection sensor signature files, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, Motorola disclaims any warranty concerning the non- Motorola software and does not guarantee that customer's system will be error-free or immune to viruses or worms as a result of these services. Approved by Motorola Contracts & Compliance: July 22, 2009 Page'b of 1712 © MOTOROLA Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously Major System failure 33%of System down 33%of Site channels down • This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective.No Work-around or immediate solution is available. Severity 2 ■ Response during Standard Business Day ■ Significant System Impairment not to exceed 33%of system down ■ System problems presently being monitored ■ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system,product, or maj or non-critical features from a Customer's perspective Severity 3 ■ Response during Standard Business Day ■ Intermittent system issues ■ Information questions ■ Upgrades/Preventative maintenance ■ This level is meant to represent a minor issue that does not preclude use of the system, sub-system,product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors,general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On-Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Standard Premier Response Limited Response Off Restoral Level Response Time Time Time Deferral Severity Within 4 hours Within 2 hours Within 4 hours from 8 hours Time 1 from receipt of from receipt of receipt of provided Notification Notification Notification by Continuously Continuously Standard Business Servicer Day Severity Within 4 hours Within 4 hours Within 4 hours from 8 hours Time 2 from receipt of from receipt of receipt of provided Notification Notification Notification by Standard Business Standard Business Standard Business Servicer Approved by Motorola Contracts & Compliance: July 22, 2009 30- Page452of 1712 © MOTOROLA Severity Standard Premier Response Limited Response Off Restoral Level Response Time Time Time Deferral Day Day Day Severity Within 24 hours Within 24 hours Within 24 hours 48 hours Time 3 from receipt of from receipt of from receipt of provided Notification Notification Notification by Standard Business Standard Business Standard Business Servicer Day Day Day • Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. • Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Connectivity Matrix Private Network Connection Public Internet Connection IP TI (All Customers) IP TI (Option Available only to Customers outside of the US Standard solution for real-time Connectivity Non-standard solution for real-time Connectivity Dedicated bandwidth configuration provided No dedicated bandwidth provided to monitor to monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption Available Encryption Available Connectivity available through Motorola Customer provides Connectivity to the internet via an internet service provider selected by Customer Motorola Owned & Supplied Equipment Table Equipment Type Location Installed Firewall/Router Master Site System Support Server Master Site for each Zone Approved by Motorola Contracts & Compliance: July 22, 2009 31 Page453 of 1712 © MOTOROLA Monitored Elements Table (Listed by Technology) System Type Equipment ASTRO 25 (release 7.x) Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; Conventional Channel Gateway(CCGW); Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations); Intelli Site Repeater RF Site (Site Controllers, Stations); Core,Exit, Gateway,Peripheral, Border, and Site routers,HP Switches master,prime, console and repeater sites switches, GGSN; CWR MOSCAD Overlay(TenSr, Station, Channel Banks,TRAK GPS, Site Power,Microwave) DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED ASTRO 25 (release 6.3 — Nortel; Packet Routing Network; Zone Controllers; Database Server; 6.9) FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB;ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay(TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) Does not include monitoring of any MOSCAD alarm points that do not directly impact the performance of the radio network. Does not include monitoring of anything outside of the radio network unless specifically stated. Security Elements Core Security Management Server; Firewall; Intrusion Detection Sensors; (Monitoring and managing Anti-virus Management application;Authentication Management Security Elements is application; Centralized Logging Server dependent on Customer purchasing Core Security Management Server as Equipment with the Customer System) Approved by Motorola Contracts & Compliance: July 22, 2009 Page'�54 of 1712 Boynton Beach Subscribers Qty Model Name Model Number Serial Number Model Type 1 APX6000 H98UCF9PW6AN 481CSH0930 Model 2.5 2 APX6000 H98UCF9PW6AN 481CSH0931 Model 2.5 3 APX6000 H98UCF9PW6AN 481CSH0932 Model 2.5 4 APX6000 H98UCF9PW6AN 481CSH0933 Model 2.5 5 APX6000 H98UCF9PW6AN 481CSH0934 Model 2.5 6 APX6000 H98UCF9PW6AN 481CSH0935 Model 2.5 7 APX6000 H98UCF9PW6AN 481CSH0936 Model 2.5 8 APX6000 H98UCF9PW6AN 481CSH0937 Model 2.5 9 APX6000 H98UCF9PW6AN 481CSH0938 Model 2.5 10 APX6000 H98UCF9PW6AN 481CSH0939 Model 2.5 11 APX6000 H98UCF9PW6AN 481CSH0940 Model 2.5 12 APX6000 H98UCF9PW6AN 481CSH0941 Model 2.5 13 APX6000 H98UCF9PW6AN 481CSH0942 Model 2.5 14 APX6000 H98UCF9PW6AN 481CSH0943 Model 2.5 15 APX6000 H98UCF9PW6AN 481CSH0944 Model 2.5 16 APX6000 H98UCF9PW6AN 481CSH0945 Model 2.5 17 APX6000 H98UCF9PW6AN 481CSH0946 Model 2.5 18 APX6000 H98UCF9PW6AN 481CSH0947 Model 2.5 19 APX6000 H98UCF9PW6AN 481CSH0948 Model 2.5 20 APX6000 H98UCF9PW6AN 481CSH0949 Model 2.5 21 APX6000 H98UCF9PW6AN 481CSH0950 Model 2.5 22 APX6000 H98UCF9PW6AN 481CSH0951 Model 2.5 23 APX6000 H98UCF9PW6AN 481CSH0952 Model 2.5 24 APX6000 H98UCF9PW6AN 481CSH0953 Model 2.5 25 APX6000 H98UCF9PW6AN 481CSH0954 Model 2.5 26 APX6000 H98UCF9PW6AN 481CSH0955 Model 2.5 27 APX6000 H98UCF9PW6AN 481CSH0956 Model 2.5 28 APX6000 H98UCF9PW6AN 481CSH0957 Model 2.5 29 APX6000 H98UCF9PW6AN 481CSH0958 Model 2.5 30 APX6000 H98UCF9PW6AN 481CSH0959 Model 2.5 31 APX6000 H98UCF9PW6AN 481CSH0960 Model 2.5 32 APX6000 H98UCF9PW6AN 481CSH0961 Model 2.5 33 APX6000 H98UCF9PW6AN 481CSH0962 Model 2.5 34 APX6000 H98UCF9PW6AN 481CSH0963 Model 2.5 35 APX6000 H98UCF9PW6AN 481CSH0964 Model 2.5 36 APX6000 H98UCF9PW6AN 481CSH0965 Model 2.5 37 APX6000 H98UCF9PW6AN 481CSH0966 Model 2.5 38 APX6000 H98UCF9PW6AN 481CSH0967 Model 2.5 39 APX6000 H98UCF9PW6AN 481CSH0968 Model 2.5 40 APX6000 H98UCF9PW6AN 481CSH0969 Model 2.5 41 APX6000 H98UCF9PW6AN 481CSH0970 Model 2.5 42 APX6000 H98UCF9PW6AN 481CSH0971 Model 2.5 Page3�55 of 1712 43 APX6000 H98UCF9PW6AN 481CSH0972 Model 2.5 44 APX6000 H98UCF9PW6AN 481CSH0973 Model 2.5 45 APX6000 H98UCF9PW6AN 481CSH0974 Model 2.5 46 APX6000 H98UCF9PW6AN 481CSH0975 Model 2.5 47 APX6000 H98UCF9PW6AN 481CSH0976 Model 2.5 48 APX6000 H98UCF9PW6AN 481CSH0977 Model 2.5 49 APX6000 H98UCF9PW6AN 481CSH0978 Model 2.5 50 APX6000 H98UCF9PW6AN 481CSH0979 Model 2.5 51 APX6000 H98UCF9PW6AN 481CSH0980 Model 2.5 52 APX6000 H98UCF9PW6AN 481CSH0981 Model 2.5 53 APX6000 H98UCF9PW6AN 481CSH0982 Model 2.5 54 APX6000 H98UCF9PW6AN 481CSH0983 Model 2.5 55 APX6000 H98UCF9PW6AN 481CSH0984 Model 2.5 56 APX6000 H98UCF9PW6AN 481CSH0985 Model 2.5 57 APX6000 H98UCF9PW6AN 481CSH0986 Model 2.5 58 APX6000 H98UCF9PW6AN 481CSH0987 Model 2.5 59 APX6000 H98UCF9PW6AN 481CSH0988 Model 2.5 60 APX6000 H98UCF9PW6AN 481CSH0989 Model 2.5 61 APX6000 H98UCF9PW6AN 481CSH0990 Model 2.5 62 APX6000 H98UCF9PW6AN 481CSH0991 Model 2.5 63 APX6000 H98UCF9PW6AN 481CSH0992 Model 2.5 64 APX6000 H98UCF9PW6AN 481CSH0993 Model 2.5 65 APX6000 H98UCF9PW6AN 481CSH0994 Model 2.5 66 APX6000 H98UCF9PW6AN 481CSH0995 Model 2.5 67 APX6000 H98UCF9PW6AN 481CSH0996 Model 2.5 68 APX6000 H98UCF9PW6AN 481CSH0997 Model 2.5 69 APX6000 H98UCF9PW6AN 481CSH0998 Model 2.5 70 APX6000 H98UCF9PW6AN 481CSH0999 Model 2.5 71 APX6000 H98UCF9PW6AN 481CSH1000 Model 2.5 72 APX6000 H98UCF9PW6AN 481CSH1001 Model 2.5 73 APX6000 H98UCF9PW6AN 481CSH1002 Model 2.5 74 APX6000 H98UCF9PW6AN 481CSH1003 Model 2.5 75 APX6000 H98UCF9PW6AN 481CSH1004 Model 2.5 76 APX6000 H98UCF9PW6AN 481CSH1005 Model 2.5 77 APX6000 H98UCF9PW6AN 481CSH1006 Model 2.5 78 APX6000 H98UCF9PW6AN 481CSH1007 Model 2.5 79 APX6000 H98UCF9PW6AN 481CSH1008 Model 2.5 80 APX6000 H98UCF9PW6AN 481CSH1009 Model 2.5 81 APX6000 H98UCF9PW6AN 481CSH1010 Model 2.5 82 APX6000 H98UCF9PW6AN 481CSH1011 Model 2.5 83 APX6000 H98UCF9PW6AN 481CSH1012 Model 2.5 84 APX6000 H98UCF9PW6AN 481CSH1013 Model 2.5 85 APX6000 H98UCF9PW6AN 481CSH1014 Model 2.5 86 APX6000 H98UCF9PW6AN 481CSH1015 Model 2.5 87 APX6000 H98UCF9PW6AN 481CSH1016 Model 2.5 88 APX6000 H98UCF9PW6AN 481CSH1017 Model 2.5 89 APX6000 H98UCF9PW6AN 481CSH1018 Model 2.5 4 Page456of 1712 90 APX6000 H98UCF9PW6AN 481CSH1019 Model 2.5 91 APX6000 H98UCF9PW6AN 481CSH1020 Model 2.5 92 APX6000 H98UCF9PW6AN 481CSH1021 Model 2.5 93 APX6000 H98UCF9PW6AN 481CSH1022 Model 2.5 94 APX6000 H98UCF9PW6AN 481CSH1023 Model 2.5 95 APX6000 H98UCF9PW6AN 481CSH1024 Model 2.5 96 APX6000 H98UCF9PW6AN 481CSH1025 Model 2.5 97 APX6000 H98UCF9PW6AN 481CSH1026 Model 2.5 98 APX6000 H98UCF9PW6AN 481CSH1027 Model 2.5 99 APX6000 H98UCF9PW6AN 481CSH1028 Model 2.5 100 APX6000 H98UCF9PW6AN 481CSH1029 Model 2.5 101 APX6000 H98UCF9PW6AN 481CSH1030 Model 2.5 102 APX6000 H98UCF9PW6AN 481CSH1031 Model 2.5 103 APX6000 H98UCF9PW6AN 481CSH1032 Model 2.5 104 APX6000 H98UCF9PW6AN 481CSH1033 Model 2.5 105 APX6000 H98UCF9PW6AN 481CSH1034 Model 2.5 106 APX6000 H98UCF9PW6AN 481CSH1035 Model 2.5 107 APX6000 H98UCF9PW6AN 481CSH1036 Model 2.5 108 APX6000 H98UCF9PW6AN 481CSH1037 Model 2.5 109 APX6000 H98UCF9PW6AN 481CSH1038 Model 2.5 110 APX6000 H98UCF9PW6AN 481CSH1039 Model 2.5 111 APX6000 H98UCF9PW6AN 481CSH1040 Model 2.5 112 APX6000 H98UCF9PW6AN 481CSH1041 Model 2.5 113 APX6000 H98UCF9PW6AN 481CSH1042 Model 2.5 114 APX6000 H98UCF9PW6AN 481CSH1043 Model 2.5 115 APX6000 H98UCF9PW6AN 481CSH1044 Model 2.5 116 APX6000 H98UCF9PW6AN 481CSH1045 Model 2.5 117 APX6000 H98UCF9PW6AN 481CSH1046 Model 2.5 118 APX6000 H98UCF9PW6AN 481CSH1047 Model 2.5 119 APX6000 H98UCF9PW6AN 481CSH1048 Model 2.5 120 APX6000 H98UCF9PW6AN 481CSH1049 Model 2.5 121 APX6000 H98UCF9PW6AN 481CSH1050 Model 2.5 122 APX6000 H98UCF9PW6AN 481CSH1051 Model 2.5 123 APX6000 H98UCF9PW6AN 481CSH1052 Model 2.5 124 APX6000 H98UCF9PW6AN 481CSH1053 Model 2.5 125 APX6000 H98UCF9PW6AN 481CSH1054 Model 2.5 126 APX6000 H98UCF9PW6AN 481CSH1055 Model 2.5 127 APX6000 H98UCF9PW6AN 481CSH1056 Model 2.5 128 APX6000 H98UCF9PW6AN 481CSH1057 Model 2.5 129 APX6000 H98UCF9PW6AN 481CSH1058 Model 2.5 130 APX6000 H98UCF9PW6AN 481CSH1059 Model 2.5 131 APX6000 H98UCF9PW6AN 481CSH1060 Model 2.5 132 APX6000 H98UCF9PW6AN 481CSH1061 Model 2.5 133 APX6000 H98UCF9PW6AN 481CSH1062 Model 2.5 134 APX6000 H98UCF9PW6AN 481CSH1063 Model 2.5 135 APX6000 H98UCF9PW6AN 481CSH1064 Model 2.5 136 APX6000 H98UCF9PW6AN 481CSH1065 Model 2.5 Page3�57 of 1712 137 APX6000 H98UCF9PW6AN 481CSH1066 Model 2.5 138 APX6000 H98UCF9PW6AN 481CSH1067 Model 2.5 139 APX6000 H98UCF9PW6AN 481CSH1068 Model 2.5 140 APX6000 H98UCF9PW6AN 481CSH1069 Model 2.5 141 APX6000 H98UCF9PW6AN 481CSH1070 Model 2.5 142 APX6000 H98UCF9PW6AN 481CSH1071 Model 2.5 143 APX6000 H98UCF9PW6AN 481CSH1072 Model 2.5 144 APX6000 H98UCF9PW6AN 481CSH1073 Model 2.5 145 APX6000 H98UCF9PW6AN 481CSH1074 Model 2.5 146 APX6000 H98UCF9PW6AN 481CSH1075 Model 2.5 147 APX6000 H98UCF9PW6AN 481CSH1076 Model 2.5 148 APX6000 H98UCF9PW6AN 481CSH1077 Model 2.5 149 APX6000 H98UCF9PW6AN 481CSH1078 Model 2.5 150 APX6000 H98UCF9PW6AN 481CSH1079 Model 2.5 151 APX6000 H98UCF9PW6AN 481CSH1080 Model 2.5 152 APX6000 H98UCF9PW6AN 481CSH1081 Model 2.5 153 APX6000 H98UCF9PW6AN 481CSH1082 Model 2.5 154 APX6000 H98UCF9PW6AN 481CSH1083 Model 2.5 155 APX6000 H98UCF9PW6AN 481CSH1084 Model 2.5 156 APX6000 H98UCF9PW6AN 481CSH1085 Model 2.5 157 APX6000 H98UCF9PW6AN 481CSH1086 Model 2.5 158 APX6000 H98UCF9PW6AN 481CSH1087 Model 2.5 159 APX6000 H98UCF9PW6AN 481CSH1088 Model 2.5 160 APX6000 H98UCF9PW6AN 481CSH1089 Model 2.5 161 APX6000 H98UCF9PW6AN 481CSH1090 Model 2.5 162 APX6000 H98UCF9PW6AN 481CSH1091 Model 2.5 163 APX6000 H98UCF9PW6AN 481CSH1092 Model 2.5 164 APX6000 H98UCF9PW6AN 481CSH1093 Model 2.5 165 APX6000 H98UCF9PW6AN 481CSH1094 Model 2.5 166 APX6000 H98UCF9PW6AN 481CSH1095 Model 2.5 167 APX6000 H98UCF9PW6AN 481CSH1096 Model 2.5 168 APX6000 H98UCF9PW6AN 481CSH1097 Model 2.5 169 APX6000 H98UCF9PW6AN 481CSH1098 Model 2.5 170 APX6000 H98UCF9PW6AN 481CSH1099 Model 2.5 171 APX6000 H98UCF9PW6AN 481CSH1100 Model 2.5 172 APX6000 H98UCF9PW6AN 481CSH1101 Model 2.5 173 APX6000 H98UCF9PW6AN 481CSH1102 Model 2.5 174 APX6000 H98UCF9PW6AN 481CSH1103 Model 2.5 175 APX6000 H98UCF9PW6AN 481CSH1104 Model 2.5 176 APX6000 H98UCF9PW6AN 481CSH1105 Model 2.5 177 APX6000 H98UCF9PW6AN 481CSH1106 Model 2.5 178 APX6000 H98UCF9PW6AN 481CSH1107 Model 2.5 179 APX6000 H98UCF9PW6AN 481CSH1108 Model 2.5 180 APX6000 H98UCF9PW6AN 481CSH1109 Model 2.5 181 APX6000 H98UCF9PW6AN 481CSH1110 Model 2.5 182 APX6000 H98UCF9PW6AN 481CSH1111 Model 2.5 183 APX6000 H98UCF9PW6AN 481CSH1112 Model 2.5 Page3458 of 1712 184 APX6000 H98UCF9PW6AN 481CSH1113 Model 2.5 185 APX6000 H98UCF9PW6AN 481CSH1114 Model 2.5 186 APX6000 H98UCF9PW6AN 481CSH1115 Model 2.5 187 APX6000 H98UCF9PW6AN 481CSH1116 Model 2.5 188 APX6000 H98UCF9PW6AN 481CSH1117 Model 2.5 189 APX6000 H98UCF9PW6AN 481CSH1118 Model 2.5 190 APX6000 H98UCF9PW6AN 481CSH1119 Model 2.5 191 APX6000 H98UCF9PW6AN 481CSH1120 Model 2.5 192 APX6000 H98UCF9PW6AN 481CSH1121 Model 2.5 193 APX6000 H98UCF9PW6AN 481CSH1122 Model 2.5 194 APX6000 H98UCF9PW6AN 481CSH1123 Model 2.5 195 APX6000 H98UCF9PW6AN 481CSH1124 Model 2.5 196 APX6000 H98UCF9PW6AN 481CSH1125 Model 2.5 197 APX6000 H98UCF9PW6AN 481CSH1126 Model 2.5 198 APX6000 H98UCF9PW6AN 481CSH1127 Model 2.5 199 APX6000 H98UCF9PW6AN 481CSH1128 Model 2.5 200 APX6000 H98UCF9PW6AN 481CSH1129 Model 2.5 201 APX6000 H98UCF9PW6AN 481CSH1130 Model 2.5 202 APX6000 H98UCF9PW6AN 481CSH1131 Model 2.5 203 APX6000 H98UCF9PW6AN 481CSH1132 Model 2.5 204 APX6000 H98UCF9PW6AN 481CSH1133 Model 2.5 205 APX6000 H98UCF9PW6AN 481CSH1134 Model 2.5 206 APX6000 H98UCF9PW6AN 481CSH1135 Model 2.5 207 APX6000 H98UCF9PW6AN 481CSH1136 Model 2.5 208 APX6000 H98UCF9PW6AN 481CSH1137 Model 2.5 209 APX6000 H98UCF9PW6AN 481CSH1138 Model 2.5 210 APX6000 H98UCF9PW6AN 481CSH1139 Model 2.5 211 APX6000 H98UCF9PW6AN 481CSH1140 Model 2.5 212 APX6000 H98UCF9PW6AN 481CSH1141 Model 2.5 213 APX6000 H98UCF9PW6AN 481CSH1142 Model 2.5 214 APX6000 H98UCF9PW6AN 481CSH1143 Model 2.5 215 APX6000 H98UCF9PW6AN 481CSH1144 Model 2.5 216 APX6000 H98UCF9PW6AN 481CSH1145 Model 2.5 217 APX6000 H98UCF9PW6AN 481CSH1146 Model 2.5 218 APX6000 H98UCF9PW6AN 481CSH1147 Model 2.5 219 APX6000 H98UCF9PW6AN 481CSH1148 Model 2.5 220 APX6000 H98UCF9PW6AN 481CSH1149 Model 2.5 221 APX6000 H98UCF9PW6AN 481CSH1150 Model 2.5 222 APX6000 H98UCF9PW6AN 481CSH1151 Model 2.5 223 APX6000 H98UCF9PW6AN 481CSH1152 Model 2.5 224 APX6000 H98UCF9PW6AN 481CSH1153 Model 2.5 225 APX6000 H98UCF9PW6AN 481CSH1154 Model 2.5 226 APX6000 H98UCF9PW6AN 481CSH1155 Model 2.5 227 APX6000 H98UCF9PW6AN 481CSH1156 Model 2.5 1 APX6000 H98UCD9PW5AN 756CSF0290 Model 1.5 2 APX6000 H98UCD9PW5AN 756CSF0291 Model 1.5 Page3Z59 of 1712 3 APX6000 H98UCD9PW5AN 756CSF0292 Model 1.5 4 APX6000 H98UCD9PW5AN 756CSF0293 Model 1.5 5 APX6000 H98UCD9PW5AN 756CSF0294 Model 1.5 6 APX6000 H98UCD9PW5AN 756CSF0295 Model 1.5 7 APX6000 H98UCD9PW5AN 756CSF0296 Model 1.5 8 APX6000 H98UCD9PW5AN 756CSF0297 Model 1.5 9 APX6000 H98UCD9PW5AN 756CSF0298 Model 1.5 10 APX6000 H98UCD9PW5AN 756CSF0299 Model 1.5 11 APX6000 H98UCD9PW5AN 756CSF0300 Model 1.5 12 APX6000 H98UCD9PW5AN 756CSF0301 Model 1.5 13 APX6000 H98UCD9PW5AN 756CSF0302 Model 1.5 14 APX6000 H98UCD9PW5AN 756CSF0303 Model 1.5 15 APX6000 H98UCD9PW5AN 756CSF0304 Model 1.5 16 APX6000 H98UCD9PW5AN 756CSF0305 Model 1.5 17 APX6000 H98UCD9PW5AN 756CSF0306 Model 1.5 18 APX6000 H98UCD9PW5AN 756CSF0307 Model 1.5 19 APX6000 H98UCD9PW5AN 756CSF0308 Model 1.5 20 APX6000 H98UCD9PW5AN 756CSF0309 Model 1.5 21 APX6000 H98UCD9PW5AN 756CSF0310 Model 1.5 22 APX6000 H98UCD9PW5AN 756CSF0311 Model 1.5 23 APX6000 H98UCD9PW5AN 756CSF0312 Model 1.5 24 APX6000 H98UCD9PW5AN 756CSF0313 Model 1.5 25 APX6000 H98UCD9PW5AN 756CSF0314 Model 1.5 26 APX6000 H98UCD9PW5AN 756CSF0315 Model 1.5 27 APX6000 H98UCD9PW5AN 756CSF0316 Model 1.5 28 APX6000 H98UCD9PW5AN 756CSF0317 Model 1.5 29 APX6000 H98UCD9PW5AN 756CSF0318 Model 1.5 30 APX6000 H98UCD9PW5AN 756CSF0319 Model 1.5 31 APX6000 H98UCD9PW5AN 756CSF0320 Model 1.5 32 APX6000 H98UCD9PW5AN 756CSF0321 Model 1.5 33 APX6000 H98UCD9PW5AN 756CSF0322 Model 1.5 34 APX6000 H98UCD9PW5AN 756CSF0323 Model 1.5 35 APX6000 H98UCD9PW5AN 756CSF0324 Model 1.5 36 APX6000 H98UCD9PW5AN 756CSF0325 Model 1.5 37 APX6000 H98UCD9PW5AN 756CSF0326 Model 1.5 38 APX6000 H98UCD9PW5AN 756CSF0327 Model 1.5 39 APX6000 H98UCD9PW5AN 756CSF0328 Model 1.5 40 APX6000 H98UCD9PW5AN 756CSF0329 Model 1.5 41 APX6000 H98UCD9PW5AN 756CSF0330 Model 1.5 42 APX6000 H98UCD9PW5AN 756CSF0331 Model 1.5 43 APX6000 H98UCD9PW5AN 756CSF0332 Model 1.5 44 APX6000 H98UCD9PW5AN 756CSF0333 Model 1.5 45 APX6000 H98UCD9PW5AN 756CSF0334 Model 1.5 46 APX6000 H98UCD9PW5AN 756CSF0335 Model 1.5 47 APX6000 H98UCD9PW5AN 756CSF0336 Model 1.5 48 APX6000 H98UCD9PW5AN 756CSF0337 Model 1.5 49 APX6000 H98UCD9PW5AN 756CSF0338 Model 1.5 Page3460 of 1712 50 APX6000 H98UCD9PW5AN 756CSF0339 Model 1.5 51 APX6000 H98UCD9PW5AN 756CSF0340 Model 1.5 52 APX6000 H98UCD9PW5AN 756CSF0341 Model 1.5 53 APX6000 H98UCD9PW5AN 756CSF0342 Model 1.5 54 APX6000 H98UCD9PW5AN 756CSF0343 Model 1.5 55 APX6000 H98UCD9PW5AN 756CSF0344 Model 1.5 56 APX6000 H98UCD9PW5AN 756CSF0345 Model 1.5 57 APX6000 H98UCD9PW5AN 756CSF0346 Model 1.5 58 APX6000 H98UCD9PW5AN 756CSF0347 Model 1.5 59 APX6000 H98UCD9PW5AN 756CSF0348 Model 1.5 60 APX6000 H98UCD9PW5AN 756CSF0349 Model 1.5 61 APX6000 H98UCD9PW5AN 756CSF0350 Model 1.5 62 APX6000 H98UCD9PW5AN 756CSF0351 Model 1.5 63 APX6000 H98UCD9PW5AN 756CSF0352 Model 1.5 64 APX6000 H98UCD9PW5AN 481CSF3837 Model 1.5 65 APX6000 H98UCD9PW5AN 481CSF3838 Model 1.5 66 APX6000 H98UCD9PW5AN 481CSF3839 Model 1.5 67 APX6000 H98UCD9PW5AN 481CSF3840 Model 1.5 68 APX6000 H98UCD9PW5AN 481CSF3841 Model 1.5 69 APX6000 H98UCD9PW5AN 481CSF3842 Model 1.5 70 APX6000 H98UCD9PW5AN 481CSF3843 Model 1.5 71 APX6000 H98UCD9PW5AN 481CSF3844 Model 1.5 72 APX6000 H98UCD9PW5AN 481CSF3845 Model 1.5 73 APX6000 H98UCD9PW5AN 481CSF3846 Model 1.5 74 APX6000 H98UCD9PW5AN 481CSF3847 Model 1.5 75 APX6000 H98UCD9PW5AN 481CSF3848 Model 1.5 76 APX6000 H98UCD9PW5AN 481CSF3849 Model 1.5 77 APX6000 H98UCD9PW5AN 481CSF3850 Model 1.5 78 APX6000 H98UCD9PW5AN 481CSF3851 Model 1.5 79 APX6000 H98UCD9PW5AN 481CSF3852 Model 1.5 80 APX6000 H98UCD9PW5AN 481CSF3853 Model 1.5 81 APX6000 H98UCD9PW5AN 481CSF3854 Model 1.5 82 APX6000 H98UCD9PW5AN 481CSF3855 Model 1.5 83 APX6000 H98UCD9PW5AN 481CSF3856 Model 1.5 84 APX6000 H98UCD9PW5AN 481CSF3857 Model 1.5 85 APX6000 H98UCD9PW5AN 481CSF3858 Model 1.5 1 APX4000 H51UCF9PW6AN 426CSF2014 Modell 2 APX4000 H51UCF9PW6AN 426CSF2015 Modell 3 APX4000 H51UCF9PW6AN 426CSF2016 Modell 4 APX4000 H51UCF9PW6AN 426CSF2017 Modell 5 APX4000 H51UCF9PW6AN 426CSF2018 Modell 6 APX4000 H51UCF9PW6AN 426CSF2019 Modell 7 APX4000 H51UCF9PW6AN 426CSF2020 Modell 8 APX4000 H51UCF9PW6AN 426CSF2021 Modell H9 APX4000 H51UCF9PW6AN 426CSF2022 Modell 10 APX4000 H51UCF9PW6AN 426CSF2023 Modell Pagel61 of 1712 11 APX4000 H51UCF9PW6AN 426CSF2024 Modell 12 APX4000 H51UCF9PW6AN 426CSF2025 Modell 13 APX4000 H51UCF9PW6AN 426CSF2026 Modell 14 APX4000 H51UCF9PW6AN 426CSF2027 Modell 15 APX4000 H51UCF9PW6AN 426CSF2028 Modell 16 APX4000 H51UCF9PW6AN 426CSF2029 Modell 17 APX4000 H51UCF9PW6AN 426CSF2030 Modell 18 APX4000 H51UCF9PW6AN 426CSF2031 Modell 19 APX4000 H51UCF9PW6AN 426CSF2032 Modell 1 APX6500 M25URS9PWIAN 527CRHO812 Mid Power 2 APX6500 M25URS9PWIAN 527CRHO813 Mid Power 3 APX6500 M25URS9PWIAN 527CQK2029 Mid Power 4 APX6500 M25URS9PWIAN 527CRR1426 Mid Power 5 APX6500 M25URS9PWIAN 527CSF2257 Mid Power 6 APX6500 M25URS9PWIAN 527CSF2258 Mid Power 7 APX6500 M25URS9PWIAN 527CSF2259 Mid Power 8 APX6500 M25URS9PWIAN 527CSF2260 Mid Power 9 APX6500 M25URS9PWIAN 527CSF2261 Mid Power 10 APX6500 M25URS9PWIAN 527CSF2262 Mid Power 11 APX6500 M25URS9PWIAN 527CSF2263 Mid Power 12 APX6500 M25URS9PWIAN 527CSF2264 Mid Power 13 APX6500 M25URS9PWIAN 527CSF2265 Mid Power 14 APX6500 M25URS9PWIAN 527CSF2266 Mid Power 15 APX6500 M25URS9PWIAN 527CSF2267 Mid Power 16 APX6500 M25URS9PWIAN 527CSF2268 Mid Power 17 APX6500 M25URS9PWIAN 527CSF2269 Mid Power 18 APX6500 M25URS9PWIAN 527CSF2270 Mid Power 19 APX6500 M25URS9PWIAN 527CSF2271 Mid Power 20 APX6500 M25URS9PWIAN 527CSF2272 Mid Power 21 APX6500 M25URS9PWIAN 527CSF2273 Mid Power 22 APX6500 M25URS9PWIAN 527CSF2274 Mid Power 23 APX6500 M25URS9PWIAN 527CSF2275 Mid Power 24 APX6500 M25URS9PWIAN 527CSF2276 Mid Power 25 APX6500 M25URS9PWIAN 527CSF2317 Mid Power 26 APX6500 M25URS9PWIAN 527CFS2318 Mid Power 27 APX6500 M25URS9PWIAN 527CFS2319 Mid Power 28 APX6500 M25URS9PWIAN 527CSF2320 Mid Power 29 APX6500 M25URS9PWIAN 527CSF2321 Mid Power 30 APX6500 M25URS9PWIAN 527CSF2322 Mid Power 31 APX6500 M25URS9PWIAN 527CSF2323 Mid Power 32 APX6500 M25URS9PWIAN 527CSF2324 Mid Power 33 APX6500 M25URS9PWIAN 527CSF2325 Mid Power 34 APX6500 M25URS9PWIAN 527CSF2326 Mid Power 35 APX6500 M25URS9PWIAN 527CSF2327 Mid Power 36 APX6500 M25URS9PWIAN 527CSF2328 Mid Power 37 APX6500 M25URS9PWIAN 527CSF2329 Mid Power Page-462 of 1712 38 APX6500 M25URS9PWIAN 527CSF2330 Mid Power 39 APX6500 M25URS9PWIAN 527CSF2331 Mid Power 40 APX6500 M25URS9PWIAN 527CSF2332 Mid Power 41 APX6500 M25URS9PWIAN 527CSF2333 Mid Power 42 APX6500 M25URS9PWIAN 527CSF2334 Mid Power 43 APX6500 M25URS9PWIAN 527CSF2335 Mid Power 44 APX6500 M25URS9PWIAN 527CSF2336 Mid Power 45 APX6500 M25URS9PWIAN 527CSF2337 Mid Power 46 APX6500 M25URS9PWIAN 527CSF2338 Mid Power 47 APX6500 M25URS9PWIAN 527CSF2339 Mid Power 48 APX6500 M25URS9PWIAN 527CSF2380 Mid Power 49 APX6500 M25URS9PWIAN 527CSF2441 Mid Power 50 APX6500 M25URS9PWIAN 527CSF2442 Mid Power 51 APX6500 M25URS9PWIAN 527CSF2443 Mid Power 52 APX6500 M25URS9PWIAN 527CSF2444 Mid Power 53 APX6500 M25URS9PWIAN 527CSF2445 Mid Power 54 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BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-109- Approve utilizing National Joint Powers Alliance (NJ PA) EZIQC Contract#FL02GC1-051716-JCL with Johnson-Laux Construction LLC of Orlando, FL for design and construction of modifications to the Utility Administration Building for a not to exceed price of$250,000, and authorize the City Manager to sign the proposal and Detailed Scope of Work. EXPLANATION OF REQUEST: Annual Renewal Period: June 6, 2017 - June 5, 2018 The Utility Administration Building requires modifications which include hardening the building for increased security and providing office/work space for the Meter Services Division. The Meter Services Division was located in the East Water Treatment Plant and the East Water Treatment Plant project utilized this area for other water plant requirements. The proposal includes relocating the Meter Services Division to the Administration Building with the other field services divisions and the Engineering Division. They are currently located in temporary trailers on-site. Two main areas will be re-designed and re-constructed, schematic designs have been completed and the next step is full design and plans for permitting and construction, and the actual construction. Job Order Contracting (JOC) is the preferred method to procure these services to streamline the process and complete the project within one year. J OC is an approved method of public procurement, and the contractor includes local workers to complete the project. The JOC is available through the National Joint Powers Alliance and EZIQC. National Joint Powers Alliance (NJ PA) is a national cooperative purchasing source solution, the City of Boynton Beach is a member. NJ PA meets or exceeds our Procurement Rules. EZI QC is one of the cooperative purchasing methods, Gordian created ezIQC to make its industry-leading Job Order Contracting (JOC) Solutions easily available through cooperative purchasing. JOC is an indefinite delivery/indefinite quantity procurement process that helps facility and infrastructure owners complete a large number of repair, renovation and straightforward new construction projects with a single, competitively-bid contract. Unlike traditional bidding where each project is identified, designed and then put out to bid, ezl QC establishes competitively-bid prices upfront and eliminates the need to bid each project separately. NJ PA's procurement process satisfies the City's competitive bid requirements. EZIQC is another tool in the procurement toolbox for expediting straightforward construction projects. Gordian's expert field personnel guide owners through each step of the process, providing oversight to ensure cost and timing efficiencies are maximized right from the start. The Project has a not to Exceed price of$250,000. It is anticipated that the design for permitting will take approximately 4 weeks following execution of the work document. City Building Department permitting will be the next step, and upon permit issuance, construction will commence. The project will be constructed using the local labor force. Page 466 of 1712 Surrounding municipalities that have utilized this process are: City of Boca Raton, City of Pompano Beach and City of Deerfield Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utility Administration Building requires security hardening to protect staff and equipment from potential natural and man-made disasters and intrusions. Ensuring the safety and operations of the Utility is paramount to protecting the life and safety of all customers and citizens of Boynton Beach. The project will enhance security for the administration building, provide adequate work area for meter services and engineering and update a customer service area for developers and homeowners that are requesting utility construction services. FISCAL IMPACT: Funds are available in the Utility CIP 403 Fund for this project number WTR008. ALTERNATIVES: As an alternative, the City could procure the required services through a design, bid build procurement method which increases both cost and time for the project. The Meter Services Division is currently residing in a trailer, and has been since the construction. Construction for the Building could not start until the East Water Treatment Plant project was completed, schematics were completed during the last year. Moving quickly to complete this project will result in savings to the City. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Johnson-Laux Construction LLC START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Page 467 of 1712 EXTENSION EXPLANATION: ATTACHMENTS: Type Description Resolution Approving Contract with Johnson - D Resolution Laux Construction for Modifications to Utility Administration Building D Attachment Contract Johnson-Laux Const D Attachment 2017 Renewal D Attachment Over\Aew Johnson-Laux D Attachment Estimated Not to Exceed Contract Amount D Agreement Proposal Page 468 of 1712 1 2 RESOLUTION NO. R17- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVE UTILIZING NATIONAL JOINT POWERS 6 ALLIANCE (NJPA) EZIQC CONTRACT #FL02GC1-051716-JCL 7 WITH JOHNSON-LAUX CONSTRUCTION LLC., OF ORLANDO, 8 FLORIDA FOR DESIGN AND CONSTRUCTION OF 9 MODIFICATIONS TO THE UTILITY ADMINISTRATION 10 BUILDING FOR A NOT TO EXCEED PRICE OF $250,000; 11 AUTHORIZING THE CITY MANAGER TO SIGN A PROPOSAL 12 AND DETAILED SCOPE OF WORK WITH JOHNSON-LAUX 13 CONSTRUCTION LLC.; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 WHEREAS, City staff has confirmed that NJPA's procurement process satisfies 17 the City's competitive bid requirements; and 18 WHEREAS, upon recommendation of staff, it is the City's desire to utilize the 19 National Joint Powers Alliance (NJPA) EZIQC Contract #FL02GC1-051716-JCL with 20 Johnson-Laux Construction LLC of Orlando, FL for design and construction of 21 modifications to the Utility Administration Building for a not to exceed price of$250,000. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves utilizing the National Joint Powers Alliance (NJPA) EZIQC Contract 29 #FL02GC1-051716-JCL with Johnson-Laux Construction LLC of Orlando, FL for design 30 and construction of modifications to the Utility Administration Building for a not to C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6D51C458-7679-429F-9255-350F7C8288B6\Boynton Beach.7529.1.Johnson_Laux_Construction_(Utility_Admin_Bldg)_-_Reso.Doc Page 469 of 1712 31 exceed price of$250,000. 32 Section 3. The City Manager is hereby authorized to sign the Proposal and 33 Detailed Scope of Work with Johnson-Laux Construction LLC., a copy of which is 34 attached hereto as Exhibit"A". 35 Section 4. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of , 2017. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Joe Casello 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6D51C458-7679-429F-9255-350F7C8288B6\Boynton Beach.7529.1.Johnson_Laux_Construction_(Utility_Admin_Bldg)_-_Reso.Doc Page 470 of 1712 4s?JPA National Joint Powers Alliance INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: FL02GC1-051716-JLC GEOGRAPHIC AREA: East Central Florida This Agreement dated 0610612016, by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and Johnson-Laux Construction, LLC at the following address 8100 Chancellor Drive, Suite 165, Orlando, FL 32809_ hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - 10CC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, the Bid Deposit, all payment and performance bonds(if any), material and workmanship bonds(if any);wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Work Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work,Work Order Proposals, etc.)issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Work Order, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to PO aaEZIQC.com or via facsimile to(864)233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice(&-EZIQC.com or via facsimile to (864)233-9100. ARTICLE 2. SCOPE OF WORK Page 471 of 1712 A. The Contractor shall provide the services required to develop each Work Order in accordance with the procedures for developing Work Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Work Order developed in accordance with this Agreement will be issued in connection with a Purchase Order by an individual NJPA Member. The Purchase Order will reference the Work Order and require the Contractor to perform the Detailed Scope of Work within the Work Order Completion Time for the Work Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3.THE AGREEMENT PRICE A. This Agreement is an indefinite-quantity contract for construction work and services.The Estimated Annual Value of this Agreement is$2.000.000.This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors: C. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors TO BE ENTERED BY NJPA: a. Normal Working Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1784 (Specify to four(4)decimal places) b. Other Than Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1892 (Specify to four(4)decimal places) C. Non Pre-priced Ad'ustment Factor:To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 1.2432 (Specify to four(4)decimal places) Page 472 of 1712 ARTICLE 4. TERM OF THE AGREEMENT A. The base term shall be one year with three one year options. The total term of the Contract shall not exceed three years (unless extended by NJPA per the Terms of this Contract). The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members, The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Contract ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Contract expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. Page 473 of 1712 NATIONAL JOINT POWERS ALLIANCE® Book 1 —Project Information, Instructions to Bidders and Execution Documents C. Contractor acknowledges and agrees to respect the copyrights,trademarks,trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief(without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions,whether by litigation, arbitration or other proceedings,the prevailing parry shall be entitled to recover from the other party all costs and expenses associated with such proceedings,including reasonable attorney's fees. D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Work Order, Purchase Order or similar purchasing document(Purchase Order)issued by NJPA or an NJPA Member,this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executer! this Agreement the day and year first above written. By: National Joint Powers Alliance Authorized Signature �C/ flr ctor A tho Signature Kevin Johnson,Vice President Print Name Contract Number: FL0aGC4-CS171to-Jl--G (assigned by NJPA) 36 Section Three—Bid Forms April 2016 Page 474 of 1712 ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between Johnson-Laux Construction, LLC 8100 Chancellor Drive, Suite 165 Orlando, FL 32809 and National Joint Powers Alliance®(NJPA) 202 12th Street NF PO Box 219 Staples,MN 56479 Phone: (218)894-1930 or(888)8941930 Whereas: "Vendor"and"NJPA" have entered into l)an"Acceptance of Bid and IFB FL02GC1-051716-JLC"with an effective date of lune 6, 2016,a maturity date of June 5,2020,and which are subject to annual renewals at the option of both parties. MODIFIC& ION: FIRST RENEWAL OPTION PERIOD Pursuant to the agreement between the parties, the following are the'Adjustment Factors for the next option period: Base Year -Option Year -Date _ Index ^ Date .-..__� Index May 2015 10028.15 1 May 2016 10315.44 2 w June 2015 _ 10038.78 2 June 2016 - -- 10337.05 3 July 2015 -_- 10037.36 3 July 2016 �� 10379.26 4 + August 2015 _ 10038.79 4 August 2016 10385.65 5 J September 2015 10065.09 5 A September 2016 10403.43 6 October 2015 J 10128.32 6 October 2016 _ 10434.56 7 November 2015 10104.69 7 _ November 2016 10442.61 8 December 201510135.00 8 December 2016 _ Y 10530.46 9 - January 2016 10132.55 9 January 2017 - 10541.51 10 - _^ February 2016 10181.92 10 _- February 2017 _10281.93 11 - March 2016 _ Y 10242.09 11 - - March 2017 -- 10277.62 12 April 2_016 - —_ 10280.39 12 -- --April 2017 10678.15 Base Average Option Average 10117.7608 10417.3058 Price Adjustment: First Year fn4lx L%verage1041 X058 = 1.0296 Base Year Index Average 10117.7608 Page 475 of 1712 AWARD MULTIPLIER T x� PRICEADJUSTMENT - YOPTION MULTIPLIER 4 F1.02GC1-051716-1I.0 Non-Prepriced 1.2.432 1.0000 1.2432 Normal Working I lours 1.1784 1.0296 1.2133 Other Than Norval Working Hours -^^_ 1.1892— -- - -- - - 1.0296 —� 1.2244 Now therefore: "Vendor" and"N1PA" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of lune 6, 2017 through June 5, 2018. National Joint-Powers Allianceg(NJPA) By: , Its: NJPA Director ofCooperative Contracts and Procuremcnt/CPO Name printed or tftcd. Jeremy Schwartz Date: - ohn n-L u. n.0ruclion. LL C-# C - 7 By: ' Its: Vice President Name printed yped: evin Joh son Date: 4/28/2027 If you do not want to extend c ntract,please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: ,Date: Page 476 of 1712 National Joint Powers Alliance :: Johnson-Laux Construction, LLC Page 1 of 1 JOHNSON iii Laux Johnson-Laux Construction, LLC ��D� JTZ �,�„�R Ac- Contract -. Contract ID:#FL02GC1-051716 J LC Overview Category-General Construction Contracts Sub Category-General Contract Documentation Region:East Central State:FL Country-USA IFB Books Corp.Office: Marketing Materials 8100 Chancellor Drive,Suite 165 Orlando,FL 32809 NJPA Contact Information Johnson-Laux Construction is a full service general contractor who relies on repeat business for its success.Our HOW TO PURCHAS company provides these exceptional services through our NJPA eziQC continuing contracts in the states of Our step-by-step guide _ Florida,Tennessee,Minnesota,Georgia and South Carolina.Johnson-Laux focuses its efforts on meeting the needs of our clients.From Design-Build projects to fast-track renovations,Johnson-Laux provides an experienced Vendor Contact Info team on each project to ensure our clients'expectations are met or exceeded.The owners of Johnson-Laux have Kevin Johnson,Vice President set the standard of treating each client like they are the only client.All team members adhere to this standard, Direct Phone:407-770-2180 enabling Johnson-Laux Construction to provide exceptional service while maintaining both the budget and time kevin@iohnson-laux.com restraints of any project. Mike Carroll,Project Estimator Direct Phone:407-770-2180 m ikec@iohnson-laux.com Page 477 of 1712 https://www.njpacoop.org/cooperative-purchasing/eziqc-construction/contract-searchl/flO... 10/30/2017 �+ ti A\ r � Y/ C) rc G }� O VJ N N � O N N O LO C) r O O O O O O O O O O O O O O a+ O O O O O O O O O O O O O O (`") O O O O O L6 O L6 O O O O .,;a. 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Brief Work Order Description: Boynton Beach Utilities Department Remodel Time of Performance Estimated Start Date: Estimated Completetion Date: Liquidated Damages Will apply: 11 Will nota I : Work Order Firm Fixed Price: $15,560.57 Owner Purchase Order Number: Approvals Owner Date Contractor Date Work Order Signature Document Page 1 of 1 9/20/2017 Page 480 of 1712 2 &"%CTI 111114 Detailed Scope of Work THE GoRDiTN GRoup To: Richard Reinhart From: Barb Conboy Johnson-Laux Construction, LLC City of Boynton Beach 8100 Chancellor Drive, Suite 165 710 N Federal Hwy Orlando, FL 32809 Boynton Beach, FL 33435 No Data Input 5617426406 Date Printed: September 20, 2017 Work Order Number: 052357.00 Work Order Title: Boynton Beach Utilities Office Remodel Brief Scope: Boynton Beach Utilities Department Remodel F] Preliminary FIRevised EX Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Design for Utilities Building remodel based on Joint Scope meeting Subject to the terms and conditions of JOC Contract FL02GC1-051716-JLC. Contractor Date Owner Date Scope of Work Page 1 of 1 9/20/2017 Page 481 of 1712 Contractor's Price Proposal - Summary Date: September 20,2017 Re: IQC Master Contract#: FL02GC1-051716-JLC Work Order#: 052357.00 Owner PO#: Title: Boynton Beach Utilities Office Remodel Contractor: Johnson-Laux Construction,LLC Proposal Value: $15,560.57 No Category Input $15,560.57 Proposal Total $15,560.57 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Contractor's Price Proposal-Summary Page 1 of 1 9/20/2017 Page 482 of 1712 Contractor's Price Proposal - Detail Date: September 20,2017 Re: IQC Master Contract#: FL02GC1-051716-JLC Work Order#: 052357.00 Owner PO#: Title: Boynton Beach Utilities Office Remodel Contractor: Johnson-Laux Construction,LLC Proposal Value: $15,560.57 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) No Category Input 1 01 22 20 00 0048 HR Investigating Engineer Or Specialty ConsultantFor special investigatory $8,735.76 engineering requirements or other miscellaneous professional services. Quantity Unit Price Factor Total Installation 90.00 x 80.00 x 1.2133 — 8,735.76 A&E design services for City of Boynton Beach Utility Department Remodel 2 01 22 20 00 0049 HR Investigating Senior Engineer Or Specialty ConsultantFor special investigatory $6,824.81 engineering requirements or other miscellaneous professional services. Quantity Unit Price Factor Total Installation 45.00 x 125.00 x 1.2133 — 6,824.81 A&E design services for City of Boynton Beach Utility Department Remodel Subtotal for No Category Input $15,560.57 Proposal Total $15,560.57 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Contractor's Price Proposal-Detail Page 1 of 1 9/20/2017 Page 483 of 1712 CTI Subcontractor Listing THE Go DITN GROUP Date: September 20,2017 Re: IQC Master Contract#: FL02GC1-051716-JLC Work Order#: 052357.00 Owner PO#: Title: Boynton Beach Utilities Office Remodel Contractor: Johnson-Laux Construction,LLC Proposal Value: $15,560.57 Nfttefi Crit� tsr I)uti€s k" 4 ; No Subcontractors have been $0.00 0.00 selected for this Work Order Subcontractor Listing Page 1 of 1 9/20/2017 Page 484 of 1712 7.C. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-110-Approve and authorize City Manager to sign a five (5) year renewal agreement with Sensus USA, Inc. (Sensus) for Advanced Metering Infrastructure (AMI) in order to maintain the standardized meter reading equipment and maintain the meter reading efficiency that has been achieved. Estimated five (5) year cost is $415,000. EXPLANATION OF REQUEST: On May 1, 2012 the City Commission approved a negotiated agreement that provided for transition to AMI and operation through May 2017, (5 years). The agreement included warranty replacement, staff assistance for equipment change out and new system implementation. The AMI transition obtained substantial completion in the Summer of 2014. The Utility has been using AMI fully across the service area since 2014. Utilities is requesting approval to execute a renewal term for an additional 5 years for Advanced Metering Infrastructure with Sensus USA, Inc. The system is a hosted system that Sensus maintains. The agreement provides for technical support, equipment warranties, and maintains efficiency standards in reading. The agreement includes pricing structures/option for implementation of Sensus Analytics which will replace the current software used to generate reports. The new system will also provide capabilities to add a Customer Portal. Staff is recommending approval to authorize the City Manager to sign an amended agreement for the new software package when it becomes available from Sensus USA, Inc. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The existing AMI system ensures timely reading of meters, which in turn allows for timely billing of services to realize revenue for the Utility. The City made the decision in April and May of 2012 to enter the initial agreement(5 year) to maximize existing systems, warranty repairs, and service improvement demands. In consideration of all conditions and components of a comprehensive metering technology system, the City has made a long-term commitment in this process. FISCAL IMPACT: Budgeted This is a five year renewal agreement for hosting services, and existing database management software or new database management software. The Utility will migrate to the new software when available from Sensus. Year 1 $81,065.52—w/Analytics includes one time set up of Sensus Analytics Year 2 $76,287.49 w/Analytics Year 3 $78,576.11 w/Analytics Year 4 $85,674.61 w/Analytics Year 5 $93.128.31 w/Analytics Total $414,732.04 w/Analytics Funds were included in the approved Utilities FY17/18 operating budget for meter services under account 401-2814-536-46-91. Page 485 of 1712 ALTERNATIVES: Not to proceed with the attached Agreement with Sensus USA. This is not recommended since the system would have to be replaced with another system in order to maintain the efficiency of reading meters on a timely basis to protect Utility revenue. A replacement system would be a multi-year undertaking. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving Agreement with Sensus D Resolution USA Inc for mataining the meter reading equipment D Agreement Sensus Agreement Page 486 of 1712 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A FIVE YEAR AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH AND SENSUS USA, INC., FOR 6 ADVANCED METERING INFRASTRUCTURE (AMI) TO 7 MAINTAIN THE STANDARDIZED METER READING 8 EQUIPMENT; AUTHORIZING THE CITY MANAGER TO SIGN 9 THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on May 1, 2012 the City Commission approved a negotiated 12 agreement that provided for transition to AMI and operation through May 2017; and 13 WHEREAS, the Utilities Department is requesting approval to execute a renewal 14 term for an additional five (5) years for Advanced Metering Infrastructure with Sensus 15 USA, Inc.,, and 16 WHEREAS, upon recommendation of staff, the City Commission has determined 17 that it is in the best interest of the residents and citizens of the City of Boynton Beach to 18 approve the five year Agreement with Sensus USA, Inc., to maintain the standardized 19 meter reading equipment. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the five year Agreement between the City of Boynton Beach and Sensus USA, Inc., 26 to maintain the standardized meter reading equipment, a copy of the Agreement is attached 27 hereto as Exhibit"A". 28 Section 3. The City Manager is authorized to execute the five year Agreement CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BF602CF3-5CA7-4F33-9EE1-DCB32BAOF15D\Boynton Beach.7534.1.Sensus_USA_Agreement_for_AMI_(2017)__Reso.doc Page 487 of 1712 29 with Sensus USA, Inc., on behalf of the City of Boynton Beach. 30 Section 4. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this day of , 2017. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Joe Casello 46 47 48 VOTE 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 60 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BF602CF3-5CA7-4F33-9EE1-DCB32BAOF15D\Boynton Beach.7534.1.Sensus_USA_Agreement_for_AMI_(2017)__Reso.doc Page 488 of 1712 swim Amended nd Restated AdvancedMetering Infrastructure ( I) Agreement between City yno ac ("Customer"] and Sensus USA Inc. ("Sensus") WHEREAS, Customer and Sensus previously entered into an Advance Metering Infrastructure (AMI) Base Terms Agreement dated May 21,2012(the"Previous Agreement");and WHEREAS,the Previous Agreement ended on May 21,2017;and WHEREAS, the parties wish to ratify the continuation of the Previous Agreement through the Effective Date of this Agreement;and WHEREAS,the parties wish to amend and restate the Previous Agreement by entering into this Amended and Restated AMI Agreement (the "Agreement°), and the terms and conditions of this Agreement shall control the relationship between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year written below.The date of the last party to sign is the"Effective Date." This Agreement shall commence on the Effective Date which is the date of the last signature below and continue for five(5) Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years(`Renewal Term"). The"Term"shall refer to both the Initial Term and the Renewal Term. Sensus USA Inc. Customer: City of Boynton : Name: Title: Title: Date: : Pricing remains firm until 4/30/2018("Trioper Qate") Contents of this Agreement: AMI Agreement All purchase orders shall be sent to the address provided Exhibit A Software by Sensus. Sensus may change this address upon Exhibit B Technical Support notice to Customer. Exhibit C Pricing Exhibit D Statement of Work Exhibit E Product Warranties Exhibit F Propagation Analysis Exhibit G through I are intentionally omitted Customer order acknowledgements shall be sent to: [insert email address or fax number] Sensus shall send all invoices to: [insert mailing address, email address,fax number,as applicable] (00 20"79.1 -9®01$211 I Page Iof21 Page 489 of 1712 11111010 maim sensus AMI Agreement 1. Equipment A. Purchase of Equipment, i. Equipment. Customer shall purchase from Sensus the quantities and types of Field Devices,RF Field Equipment,and other goods(collectively,' Egulpmend')set forth in Exhibit Cat the prices set forth in Exhibit C. tt. Delivery. Customer shall pay for delivery of the Equipment from Sensus'or Sensus'contracted manufacturers'factory to Customers warehouse. All Equipment is shipped Ex Works shipping point,prepay freight and add. Title to,and property in,the Equipment shall pass to Customer upon shipment. Risk of loss of the Equipment shall also pass to Customer upon shipment Iii. Project Number. Customer shall include the Sensus project number on all Purchase Orders. Orders submitted to Sensus may not be canceled or amended,or deliveries deferred,by Customer except with Sensus'prior written consent, iv. Warranty. The Equipment purchased directly from Sensus is warranted as set forth in this subsection(iv). (a) Sensus warrants is water metering equipment and SmadPoint Modules according to the terms and conditions(including all limitations and exclusions)in the Sensus G-5W warranty,attached hereto as Exhibit E. To the extent the terms of the G-500 Warranty conflict with the terms in this Agreement the terms of this Agreement shall control. (b) Sensus warrants all other goods, software, and services, except for the water metering equipment, according to the terms and conditions (including all limitations and exclusions)in the Sensus Limited Warranty,attached hereto as Exhibit E. To the extent the terns of the General Limited Warranty conflict with the terms in this Agreement,the terms of this Agreement shall control. (c) Extended Warranty of RF Field Equipment Notwithstanding the foregoing, for each year that Customer pays for an extended basestation warranty, Sensus shall extend the warranty period of RF Field Equipment by twain(12)months (the'Extended Warranty"). Following the expiration of the standard warranty period described in the General Limited Warranty,Customer shall pay forthe Extended Warranty each year on an annual basis. If Customer ceases to purchase the Extended Warranty upon expiration of the previous warranty term,Customer shall not be entitled to purchase the Extended Warranty again. All of the limitations and exclusions of the General Limited Warranty shall apply during any extended warranty term. For clarity,batteries,labor,and other parts or services not provided by the General Limited Warranty are not covered by the Extended Warranty and such expenses shall be Customers cost and responsibility, B. Limitations and Exclusions.THE WARRANTIES IN THIS SECTION 1,THE 0.500 WARRANTY,AND THE GENERAL LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES,AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS,WARRANTIES ANDIOR CONDITIONS, EXPRESSED, IMPLIED,STATUTORY OR OTHERWISE,REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT,INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE,MERCHANTABILITY,NON-INFRINGEMENT AND TITLE. C. Ongoing Maintenance of Equipment. t. Field Devices. Customer shall be responsible for the ongoing maintenance of the Field Devices.Customer shall provide the field services labor to visit a problem Field Device and perform diagnostics and repair or replacement. For electricity products,Customer shall first test and confirm that each socket to which a Field Device will be/is connected is in safe operating condition,is fully functional,is not corroded,does not contain improperly installed jaws or other deficiencies,complies with ANSI standards,and is not"hot",damaged,or otherwise in need of maintenance or repair. B. RF Field Equipment, Except as otherwise provided herein,Customer shall be responsible for the ongoing maintenance of the RF Field Equipment. Customer shall be responsible for the ongoing monthly operations and expenses related to the RF Field Equipment, including any leasing costs, construction costs,taxes and costs of WAN Backhaul.Customer shall pay for electric power to the RF Field Equipment 2, Services. A. Installation of Equipment i. Generally.The parties shall have their respective obligations for the deployment and operation of the AMI System as set forth in the Statement of Work attached as Exhibit D. The Statement of Work does not apply if Customer is purchasing Equipment from Sensus'authorized distributor. fl. Field Devices. Customer shall install the Field Devices at its End Users'premises,or other location as applicable.For electricity products,Customer shall first test and confirm that each socket to which a Network Device will be connected is in safe operating condition,is fully functional and is not'hot", damaged or otherwise in need of maintenance or repair. iii. RF Field Equipment.Sensus shall perforin the propagation analysis in the Service Territory to determine where to locate the RF Field Equipment For the prices set forth in Exhibit C,Sensus,or its subcontractor,shall perform Sensus'obligations in Exhibit D with regards to the RF Field Equipment installation. Customer shall perform Customers obligations in Exhibit D with regards to the RF Field Equipment installation.The propagation analysis is attached hereto as Exhibit F. B. Software Implementation. Sensus shall install and configure the Software and shall install the Software on the Server Hardware. C. IT Systems Integration Services. Integration of the Software into Customer's new or existing internal IT systems is not included in this Agreement.Any integration work shall be subject to a separate agreement which describes the scope and pricing for such work. D. Technical Support. Sensus shall provide Customer the technical support set forth in Exhibit B. E. Project Management Project management of the AMI System is not included in this Agreement.Any project management shall be subject to a separate agreement which describes the scope and pricing for such work. F. Training. Training on the use of the AMI System is not included in this Agreement.Any training shall be subject to a separate agreement which describes the scope and pricing for such work. 3. Software. A. Software as a Service(SaaS).Sensus shall provide Customer with Software as a Service,as defined in Exhibit A,only so long as Customer is current in its payments for such services. B. UCITA.To the maximum extent permitted by law,the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply,in whole or in part,to this Agreement 4. Spectrum A. Spectrum Lease. The parties previously entered into a spectrum manager lease on May 21,2012(the"Spectrum "),which is hereby specifically incorporated by reference. To the extent the Spectrum Lease may be interpreted to have expired in May 2017,the perfies hereby ratify the extension of the Spectrum Lease to continue unchanged and unaffected from May 21,2012 through the end of the Tenn of this Agreement,subject to the terms and conditions of the Spectrum Lease. {00204479.1 306-009821p Page 2of21 Page 490 of 1712 s=t,tti' sr=nsus 5. General Terms and Conditions. A. Payment. All payment and pricing is subject to the terms in Exhibit C. B. Limitation of liabillty. L Sensus'aggregate liability in any and all causes of action arising under,out of or in relation to this Agreement,its negotiation,performance,breach or termination (collectively'gAgggg of Action)shall not exceed the greater of; (a)the total amount paid by Customer directly to Sensus under this Agreement or(b)ten thousand US dollars(USD 10,000.00), This is so whether the Causes of Action are in tort,including,without limitation,negligence or strict liability,in contract,under statute or otherwise. As separate and independent limitations on liability,Sensus'liability shall be limited to direct damages. Sensus shall not be liable for,(1)any indirect,incidental,special or consequential damages;nor(11)any revenue or profits lost by Customer or its Affiliates from any End User(s),irrespective whether such lost revenue or profits is categorized as direct damages or otherwise;nor(iii)any In/Out Casts;nor(iv)manual meter read costs and expenses;nor(v)claims made by a third party;nor(vi)damages arising from maincase or bottom plate breakage caused by freezing temperatures,water hammer conditions,or excessive water pressure.The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement, They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. 4 To the maximum extent permitted by law,no Cause of Action may be Instituted by Customer against Sensus more than TWELVE(12)MONTHS after the Cause of Action first arose. In the calculation of any damages in any Cause of Action,no damages incurred more than TWELVE(12)MONTHS prior to the filing of the Cause of Action shall be recoverable. C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five(45)days of written notice by the other party.Upon any expiration or termination of this Agreement,Sensus'and Customer's obligations hereunder shall cease and the software as a service and Spectrum Lease shall immediately cease, D. Force Majeure. If either party becomes unable,either wholly or in part, by an event of Force Majeure,to fulfill its obligations under this Agreement the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure. E. Intellectual Property. No Intellectual Property is assigned to Customer hereunder.Sensus shall own or continue to own all Intellectual Property used, created,and/or derived in the course of performing this Agreement. To the extent 0 any,that any ownership interest in and to such Intellectual Property does not automatically vest in Sensus by virtue of this Agreement or otherwise,and instead vests in Customer,Customer agrees to grant and assign and hereby does grant and assign to Sensus all right,title,and interest that Customer may have in and to such Intellectual Property.Customer agrees not to reverse engineer army Equipment purchased or provided hereunder. F. Confidentiality. Both parties shall(and shall cause their employees and contractors to)keep all Confidential Information strictly confidential and shall not disclose it to any third party,except to the extent reasonably required to perform and enforce this Agreement or as required under applicable law,court order or regulation. The Confidential Information may be transmitted orally,in writing,electronically or otherwise observed by either party. Notwithstanding the foregoing,"Confidential Information"shall not include;(i)any information that is in the public domain other than due to Recipienfs breach of this Agreement(11) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser,or(III)any information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser."Discloser"means either party that discloses Confidential Information, and"Recd tarp means either party that receives it. Notwithstanding the foregoing,Customer shall be allowed to release any information that is a Public Record under Florida Law. G. Compliance with Laws. Customer shall comply with all applicable country, federal, state, and local laws and regulations, as set forth at the time of acceptance and as may be amended,changed,or supplemented. Customer shall not take any action,or permit the taking of any action by a third party,which may render Sensus liable for a violation of applicable laws. I. Export Control Lava. Customer shall;(1)comply with all applicable U.S,and local laws and regulations governing the use,export,import,re-export, and transfer of products,technology,and services;and(ii)obtain all required authorizations,permits,and licenses.Customer shall immediately notify Sensus,and immediately cease all activities with regards to the applicable transaction,If the Customer knows or has a reasonable suspicion that the equipment, software,or services provided hereunder may be directed to countries in violation of any export control laws. By ordering equipment, software or services,Customer certifies that it is not on any U.S.government export exclusion list. h. Anti-Corruption taws,Customer shall comply with the United States Foreign Corrupt Practices Act(FCPA),15 U.S.C.§§78dd-1,et seq.;laws and regulations implementing the OECD's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;the U.N. Convention Against Corruption;the Inter-American Convention Against Corruption; and any other applicable laws and regulations relating to anti- corruption in the Customer's county or any country where performance of this Agreement,or delivery or use of equipment software or services will occur. H. Non-Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect,limit or waive that party s right to enforce and compel strict compliance with the same or other articles or provisions. I. Assignment and Sub-contracting. Either party may assign,transfer or delegate this Agreement without requiring the other party s consent(1)to an Affiliate; (ti)as part of a merger;or(iii)to a purchaser of all or substantially all of Its assets. Apart from the foregoing,neither party may assign,transfer or delegate this Agreement without the prior written consent of the other,which consent shall not be unreasonably withheld. Furthermore,Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation,the systems integration work(if applicable),or project management(if applicable),without requiring Customer's consent J. Amendments. No alteration,amendment,or other modification shall be binding unless in writing and signed by both Customer and by a vice president(or higher}of Sensus. K. Governing Law and Dispute Resolution. This Agreement shall be governed by,construed and enforced in accordance with the laws of the State of Florida. Any and all disputes arising under,out of,or in relation to this Agreement,its negotiation,performance or termination("Lis utes)shall first be resolved by the Parties attempting mediation in Florida.If the Dispute is not resolved within sixty(60)days of time commencement of the mediation,it shall be litigated in the state or federal courts located in Florida. TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES. L. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration. M. Severability. In the event any provision of this Agreement is held to be void,unlawful or otherwise unenforceable,that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terns as nearly like the void, unlawful, or unenforceable provision as possible;and the Agreement as so modified,will continue to be in full force and effecL N. Four Comers. This written Agreement including all of its exhibits,and the Spectrum Lease represents the entire understanding between and obligations of the parties and supersedes all prior understandings,agreements,negotiations,and proposals,whether written or oral,formal or informal between the parties. {00204479.1 306-9001821) 1 Page 3 of 21 Page 491 of 1712 M Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terra or conditions,oral,written,electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement Further,there are no representations that induced this Agreement that are not included in it The ONLY operative provisions are set forth in wilting in this Agreement Without limiting the generality of the foregoing,no purchase order placed by or on behalf of Customer shall alter any of the term of this Agreement. The parties agree that such documents are for administrative purposes only,even if they have terms and conditions printed on them and even if and when they are accepted and/or processed by Sensus. Any goads,software or services delivered or provided in anticipation of this Agreement(for e.g.,as part of a pilot or because this Agreement has not yet been signed but the parties have begun the deployment)under purchase orders placed prior to the execution of this Agreement are governed by this Agreement upon its execution and it replaces and supersedes any such purchase orders. 0. Counterparts.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument Additionally,this Agreement may be executed by facsimile or electronic copies,all of which shall be considered an original for all purposes. 6. Definitions. As used in this Agreement the following terms shall have the following meanings; A. "Affiliate"of a party mans arty other entity controlling,controlled by,or under common control with such party,where"contra!"of an entity means the ownership, directly or indirectly,of 50%or more of either,(i)the shares or other equity in such entity;or(ii)the voting fights in such entity. B. "AN System"identifies the Sensus FlexNet Advanced Meter Infrastructure System comprised of the SmartPoint Modules,RF Field Equipment,Server Hardware, software licenses,FCC licenses,and other equipment provided to Customer hereunder. The AMI System only includes the foregoing,as provided by Sensus. The AMI System does not include goods,equipment,software,licenses or rights provided by a third party or parties to this Agreement. C. "Available Atelias"mean an installed Sensus FiexNet meter(with a SmaitPoint Module installed)or a Sensus SmartPoint Module which has been installed on a third party meter,and which,In either case,is not an Unavailable Meter(or on an Unavailable Meter in the case of SmadPoint Modules on third party meters) and which satisfies all of the following crkarta:()it functions properly,and is not a damaged or failed meter;(11)Intentionally Omitted(iii)it is serviced by RF Field Equipment that has not been subjected to a power failure greater than eight(8)total hours;(iv)neither it nor the RF Field Equipment that serves that meter has been affected by a Force Majeure event;(v)jamming of the radio spectrum is not preventing or interfering with radio communication to or from the meter;("7 it is installed in the Service Territory; (vi]it has not been reported to Customer under Sensus'or Customer's preventative maintenance;(vili)its functioning or performance has not been adversely affected by a falure of Customer to perform its obligations or tasks for which it is responsible under this Agreement,(a)its functioning or performance has not been adversely affected by a failure or Insufficiency of the back haul telecommunications network of Customer for communications among the components of the Senses AMI System; and(x) it has been installed in compliance with the procedures and specifications approved by Customer and Sensus. D. "Billing VfindbW for a meter means the four day period commencing one day prior to the relevant billing day for such meter and ending two days after such billing day. The Billing Window for testing purposes shall be agreed by Customer and Sensus. E. "Confidential lnformatloW means any and all nonpublic information of either party, all technical information about either party's products or services, pricing information,marketing and marketing plans,Customer's End Users'data,AMI System performance,AMI System architecture and design,AMI System software,other business and financial information of either party,and all trade secrets of either party. F. "Echo Transceivae identifies the Sensus standalone,mounted relay device that takes the radio frequency readings from the SmartPolnt Modules and relays them by radio frequency to the relevant FlexNet Base Station. G. "End User"mans any end user of electricity,water,and/or gas(as applicable)that pays Customer for the consumption of electricity,water,andlor gas,as applicable. H. 'Escalefor(s)"means the following: I. For Software as a Service Sensus Analytics Applications:three percent(346). ii. For Software as a Service Logic Applications:two and a half percent(2.546) iii. For Water Meters: (a) For bronze and low lead water metering products;the percentage change,for the relevant period,of the average of;(a)the United States Bureau of Labor Statistics Produce Price Index,Commodities,Group;Metals and metal products,Item:Copper and copper-base alloy castings(excl.die-castings), series ID:WPU102807013,not seasonally adjusted;and(b)the United Stales Bureau of Labor Statistics Producer Pdoe Index,Industry Data,Industry and Product:Plastics material and resins mfg.,series ID:PCU 325211325211,not seasonally adjustedg (b) For plastic main case meters:the percentage change,for the relevant period,of the United States Bureau of Labor Statistics Producer Price Index, Industry Data,Industry and Product Plastics material and resins mfg.,series ID:PCU 325211325211,not seasonally adjusted. (c) For Omni meters:the percentage change,for the relevant period,of the United States Bureau of Labor Statistics Producer Price Index,Commodities, Group:Metals and metal products,item:other gray and ductile iron castings,other,series ID:WPU101504,not seasonally adjusted. iv. For all other goods and services:the percentage change,for the relevant period,of the United States Bureau of labor Statistics Consumer Price Index for All Urban Consumers(CPI-U)All Items less Food and Energy"far the U.S.City Average for All Items,1982-84=100,not seasonally adjusted,or substantially similar succeeding index. v. Any Escalator increases called forth in this Agreement shall be calculated to the third decimal pant(e.g.2.576%) 1. 'Field Oevkcee means the meters and SmarlPoird Modules. J. °FlexNet Bm Station'identifies the Sensus manufactured device consisting of one transceiver,to be located on a tower that receives readings from the SmartPoint Modules(either directly or via an Echo Transceiver)by radia frequency and passes those readings to the RNI by TCPAP backhaul communication.For clarity,FINNet Base Stations include Metro Base Stations. K. "Force Majeure"mean an event beyond a parry's reasonable control,including,without limitation,acts of God,hurricane,flood,volcano,tsunami,tomado,storm, tempest,mudslide,vandalism,illegal or unauthorized radio frequency Interference,strikes,lockouts,or other industrial disturbances,unavailability of component parts of any goods provided hereunder,acts of public enemies,wars,blockades,Insurrections,riots,epidemics,earthquakes,fires,restraints or prohibitions by arty court,board, department,commission or agency of the United Slates or any States,any anests and restraints,civil disturbances and explosion. L. "Hosted SofwaW mans those item listed as an Application in Exhibit A. M. "ln/Out Costs"means any casts and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses incurred by Customer in installing,uninstalling and removing goods. N. 'lnlollectual Property'means patents and patent applications,invention(whether patentable or not),trademarks,service marks,trade dress,copyrights,trade secrets, know-how,data rights,specifications,drawings,designs,maskwork rights,moral this,author's rights,and other intellectual property rights,including any derivations and/or derivative works,as may exist now or hereafter come Into existence,and all renewals and extensions thereof,regardless of whether any of such rights arise under the laws of the United States or of any other state,country orjurisdiction,any registrations or applications thereof,and all goodwill pertinent thereb. 0. 'Lkensed Software"means the Sensus proprietary software that Sensus expressly licenses to Customer as specifically set forth in this Agreement. P. "LCAT Identifies the load control modules. Q. "Ongoing Fes"means the annual or monthly fees,as applicable,to be paid by Customer during the Term of this Agreement R. "Patches"means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the Software. For clarity,Patches are not Updates or Upgrades. S. "Permitted Use"means only for reading and analyzing date from Customer's Field Devices in the Service Territory. The Pennded Use does not include reading third party meters or reading ors outside the Service Territory. T. "Release"means both Updates and Upgrades. U. Transicelvef identifies the Sensus standalone,mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCPAP backhaul communication. V. "RFFletd Equipment"mean,collectively,FlexNat Base Stations,Echo Transceivers and Remote Transceivers. t00204479.130MOD18211 I Paga4of2l Page 492 of 1712 SEnsus W. "RNF identifies the regional network interfaces consisting of hardware and software used to gather,store,and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer. X. "RNI Software!identifies the Sensus proprietary software used in the RNI and any Patches,Updates,and Upgrades that are provided to Customer pursuant to the terms of this Agreement. Y. "Service Territory'identifies the geographic area where Customer provides electricity,water,ardor gas(as applicable)services to End Users as of the Effective Date. This area will be described on the propagation study in the parties'Spectrum Lease filing with the FCC. Z. `Server Hardwaro"means the RNI hardware. AA. 'Smaripa WTO Modules"identifies the Sensus transmission devices installed on devices such as meters,distribution automation equipment and demandlresponse devices located at Customer's End Users'premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station,Remote Transceiver or Echo Transceiver. BB. 'SoffwaW means all the Sensus proprietary software provided pursuant to this Agreement,and any Patches,Updates,and Upgrades that are provided to Customer pursuant to the temw of this Agreement.The Software does not include any third party software. CC. "TouchCoupler Unir identifies an inductive coupler connection from a water register to the SmartPoint Module. DD. "Unavailable Meters"include meters with sockets with power cut at the pole,meters that are booted on the line side,sockets that are not provided power due to a power delivery system failure,meters with tamper,theft or other human Induced failures that render the meter or SmartPoint Module incapable of providing a read,a Force Majeure event induced failures of the power delivery system,socket or meter,andior any system or meter maintenance issue that precludes the meter from transmitdng its message to the network. Examples of Unavailable Meters include: @Intentionally Omitted; (H)Intentionally Omitted; (iii)Intentionally Omitted; (iv)Intentionally Omitted;(v)Broken TouchCoupler unit:the TouchCoupler unit is damaged by intentional or unintentional acts;(in)Broken Clip: the dip that holds the TouchCoupler unit into the radio package homing is broken and the unit cannot complete the inductive electrical connection; (vii) Improper installation of the TouchCoupler unit the TouchCoupler unit is not pushed all the way into the housing dip cawing the unit to not be able to complete the inductive electrical connection; (viii)Unit not installed through the pit lid:the unit is not installed with the antenna positioned through the pit lid and properly secured with the retaining nut The radio unit must also be securely attached to the antenna section;(ix)Radio unit not securely attached to the Antenna unit The waler-proof SmartPoint Module housing is not properly installed and secured to the antenna unit;(x)Damaged antenna:the unit's antenna is damaged by Intentional or unintentional acts;(x)Damaged radio package: the unit's weber-proof radio package is damaged by intentional or unintentional acts;(xli)Data Base errors:the unit is removed from the system but not updated in the database.Still shown as in the system when in fact has been removed;(xiii)Phantom Units:the unit is removed from the system but is still transmitting and being heard by the system;and(ria)Other Installation Defect:the unit is otherwise installed impn4"so that d does not communicate with the FlexNet Base Station. EE. "Updates"means releases of the Software that constitute a minor improvement in functionality. FF. 'Upgrades"means releases of the Software which oonstilute a significant improvement in functionality{or architecture of the Software. GG. "WAN Backhaul means the communication link beim rlexNet Base Stations and Remote Transceivers and RNI. {0020"79.1 306-90018211 Page 5 of 21 Page 493 of 1712 6211111M low= MEMM Exhibit A Software Software as a Service I. Description of Services This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both;(i)pricing for the application of Software as a Service has been provided to the Customer,and(ii)the Customer is current in its payments for such application of Software as a Service. A. Software as a Service Generally. Software as a Service is a managed service in which Sensus will be responsible for the day-today monitoring,maintenance,management,and supporting of Customer's software applications. in a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, network equipment,Sensus software,and all third-party software)required to run and operate the application.These software applications consist of the following(each an"A2plication"): • Regional Network Interface(RNI)Software • Sensus Analytics o Enhanced Package The managed application systems consist of the hardware,Sensus Software,and other third-party software that is required to operate the software applications, Each Application will have a production,and Disaster Recovery(as described below)environment Test environments are not provided unless otherwise specifically agreed by Sensus in writing.Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications. B. Usage License. Subject to all the terms and conditions of this Agreement,Sensus hereby gives Customer a license under Sensus'Intellectual property rights to use the Sensus Applications for the Permitted Use for so long as Customer is current in Its payments for the Applications("Usa-ge License"). This Usage License shall commence on the Effective Date and shall terminate upon the earlier of;(i)the expiration or termination of this Agreement for any reason;(ii)if Customer uses the Applications provided hereunder other than for the Permitted Use;and(iii)the Application is terminated as set forth below. C. Termination of Software as a Service. Customer shall have the option at any time after full deployment but before the end of the Term to terminate any Application by giving Sensus one hundred twenty(120)days prior written notice. Such notice,once delivered to Sensus,is irrevocable, Should Customer elect to terminate any Application,Customer acknowledges that;(a)Customer shall pay all applicable fees,including any unpaid Software as a Service fees,and(b) Software as a Service for such Application shall immediately cease.If Customer elects to terminale the RNI Application in the Software as a Service environment but does not terminate the Agreement generally,then upon delivery of the notice to Sensus,Customer shall purchase the necessary(a)RNI hardware and(b) RNI software license,each at Sensus'then-currentpricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license. D. "Software as a Service"means only the following services: i. Sensus will provide the use of required hardware,located at Sensus'or a third-party's data center facility(as determined by Sensus),that is necessary to operate the Application. ll. Sensus will provide production and disaster recovery environments for Application. iii. Sensus will provide patches,updates,and upgrades to latest Sensus Hosted Software release, iv. Sensus will configure and manage the equipment(server hardware,routers,switches,firewalls,etc.)in the data centers: a. Network addresses and virtual private networks(VPN) b. Standard time source(NTP or GPS) c. Security access points d. Respond to relevant alarms and notifications V. Capacity and performance management Sensus will: a. Monitor capacity and performance of the Application server and software applications 247 using IPI metrics, thresholds, and alerts to proactively identify any potential issues related to system opacity and/or performance(i.e. database, backspool, logs, message broker storage,etc.) b. If an issue is identified to have a potential impact to the system,Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B,Technical Support. c. Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. d. Manage and maintain the server storage opacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures. e. Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures. vi. Database management. Sensus will: a. Define data retention plan and policy. b. Monitor space and opacity requirements. c. Respond to database alarms and notifications. d. Install database software upgrades and patches. e. Perform routine database maintenance and cleanup of database to improve capacity and performance,such as rebuilding indexes,updating indexes,consistency checks,run SQL querylagentjobs,etc. vii. Incident and Problem Management. Sensus will: a. Proactively monitor managed systems(24x7x365)for key events and thresholds to proactively detect and identify incidents. b. Respond to incidents and problems that may occur to the Application(s). c. Maintain policies and procedures for responding to incidents and performing mot cause analysis for ongoing problems, d. Correlate incidents and problems where applicable. e. Sensus personnel will use the Salesforce Self Service Portal to document and track incidents. f. In the event that a Sensus personnel is unable to resolve an issue,the issue will be escalated to the appropriate Subject Matter Expert do020"7e.1 306-5oo 1 al l y Page 6 of 21 Page 494 of 1712 101011111 1000111 sensus 111110111 (SME). g. Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel andlor any required third-party vendor to resolve the issue. h. Provide telephone support consistent with Exhibit B,Technical Support in the case of undetected events. viii. Security Management Sensus will: a. Monitor the physical and cyber security of the server and Application(s)247 to ensure system is highly secure in accordance with NIST Security Standards. b. Perform active intrusion prevention and detection of the data center network and firewalls,and monitor logs and alerts. c. Conduct period penetration testing of the network and data center facilities. d. Conduct monthly vulnerability scanning by both internal staff and external vendors. e. Perform Anti-Virus and Malware patch management on all systems. f. Install updates to virus protection software and related files(including Vitas signature files and similar files)on all servers from the update being generally available from the anti-virus software provider. g. Respond to any potential threat found on the system and work to eliminate Virus or Malware found. h. Sensus adheres to and submits certification to NERCICIP Cyber Security standards. i. Sensus actively participates/monitors industry regulation/standards regarding security—NERC, FERC, NIST, OpenSG, etc. through the dedicated Sensus Security team, j. Provide secure web portal amass(SSI.)to the Application(s). ix. Backup and Disaster Recovery Management Sensus will: a. Perform daily backups of data providing one(1)year of history for auditing and restoration purposes. b. Bads-up and store data(on tapes or other sfasrage media as appropriate)off-site to provide protection against disasters and to met file recovery needs. c. Conduct incremental and full back-ups to capture data,and changes to data,on the Application(s), d. Sensus will replicate the Application(s)environments to a geographically separated data center location to provide a full disaster recovery environment for the Application production system. e. Provide disaster recovery environment and perform fall-over to DR environment within forty-eight(48)hours of declared event. f. Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution. g. Maintain a disaster recovery plan. In the event of a disaster,Sensus shall provide the services in accordance with the disaster recovery plan. h. In the case of a disaster and loss of amass to or use of the Application,Sensus would use commercially reasonable efforts per the Revery Time Objectives and Recovery Point Objectives specified herein to restore operations at the some location or at a backup location within forty-eight(48)hours. i. The Application shall have a Recovery Time Objective(RTO)of forty-eight(48)hours. j. The Recovery Point Objective(RPO)shall be a full recovery of the Application(s),with an RPO of one(1)hours,using no more than a twenty- four(24)hour old backup. All meter-related data shall be pushed from each Base StationfrGB restoring the database to real-time minus extemal interfaced systems from the day prior. k. Data from external interfaced systems shall be recreated within a forty-eight(48)hour period with the assistance of Customer personnel and staff,as needed. E. Customer ResponsibilHies: i. Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures. ii. Participate in all required oonfiguration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email,web portal ticket entry,or phone call. iv. Responsible for periodic processing of accounts or readings(i.e.billing files)for Customer's billing system for billing or other analysis purposes. V. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted. A. First response labor to troubleshoot FlexNet Base Station,Echo Transceivers,Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration,management,and support. All. Identify and research problems with meter reads and meter read performance. a. Create and manage user aunts. X. Customize application configurations. A. Support application users. xii. Investigate application operational issues(e.g.meter reads,reports,alarms,etc.). All. Respond to alarms and notifications. xiv. Perform firmware upgrades over-the-air,or delegate and monitor field personnel for on-site upgrades. F. "Software as a Service"does OX include any of the followwng services: I. Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event ii. Any Integration between applications,such as Hams MelerSense,would require a Professional Services contract agreement to be scoped,submitted, and agreed in a signed writing between Sensus and all the applicable parties. If an item is not listed in subparagraphs In Hem(D)above,such Item is excluded from the Software as a Service and is subject to additional pricing. II. Further Agreements A. System Uptime Rate i. Sensus(or its contractor)shall manage and maintain the Application(s)on computers owned or controlled by Sensus(or its contractors)and shall provide Customer access to the managed Applications)via Internet or point to point connection(i.e.,Managed-Access use),according to the terms below.Sensus endeavors to maintain an average System Upfime Rate equal to ninety-mine(99.0)per Month(as defined below). The System Uptime Rate,cumulative across all Applications,shall be calculated as follows: System Uptime Rate a 100 x (TMO—Total Non-Scheduled Dovmtlme minutes In the Month) TMO (00204479.13013-9001821) Page-[of 21 Page 495 of 1712 :. sensus I Calculations a. "Targeted Minutes of Operation"or"TUO"means total minutes cumulative across all Applications in the applicable month("Month") minus the Scheduled Downtime in the Month. b. "Scheduled Downtime"means the number of minutes during the Month,as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice(via email or otherwise)at least seven(7)days in advance of commencement of the Scheduled Downtime. c. "Nan-Scheduled Doxmdme"means the number of minutes during the Month,as measured by Sensus,in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions,as defined below(e.g.,due to a need for unplanned maintenance or repair). H. Exceptions."Ecce n "mean the following events: a. Force Majeure; b. Emergency Work,as defined below;and c. Lads of Internet Availability,as described below. i. Emergency Work. In the event that Force Majeure,emergencies,dangerous conditions or other exceptional circumstances arise or continue during TMO,Sensus shall be entitled to take any actions that Sensus,in good faith,determines is necessary or advisable to prevent,remedy,mitigate,or otherwise address actual or potential harm,interruption,loss,threat,security or like concern to any of the Application(s)("Emergency Work"). Such Emergency Work may include, but is not limited to:analysis,testing, repair, maintenance, re-setting and other servicing of the hardware,cabling, networks,software and other devices, materials and systems through which access to andlor use of the Application(s)by the Customer is made available(the"Managed Swtems"),Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. H. Lack of Internet Availability.Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public intemet or point-"Int network connection operated by a third party.Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus'networks and other portions of the Internet,and that such flow depends in part on the performance of Internet services provided or controlled by third parties,and that at times,actions or Inactions of such third parties can impair or disrupt data transmitted through,and/or Customers connections to, the Internet or point-to-point data connection(or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events,Sensus cannot guarantee that such events will not occur.Accordingly,Sensus disclaims any and all liability resulting from or relating to such events. B. Data Center Site-Security. Although Sensus may modify such security arrangements without consent or notice to Customer,Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components at the Managed Systems; k. The computer room(s)in which the hardware is installed is accessible only to authorized individuals. Ii. Power infrastructure includes one or more uninterruptible power supply(UPS)devices and diesel generators or other alternative power for back-up electrical power, iii. Air-conditioning facilities(for humidity and temperature controls)are provided in or for such computer room(s)and can be monitored and adjusted for humidity and temperature settings and control.Such air systems are supported by redundant,track-up and/or switch-over environmental units. kv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies(if any)in real time. V. Dry pipe pre-action fire detection and suppression system are provided. vi. Data circuits are available via multiple providers and diverse paths,giving access redundancy. C. Responslbllities of Customer 1. Customer shall promptly pay all Software as a Service fees. ii. Customer may not(i)carelessly, knowingly, intentionally or maliciously threaten,disrupt,harm,abuse or interfere with the Application(s), Managed Systems or any of their functionality,performance,security or integrity,nor attempt to do so;(11)Impersonate any person or entity,including,but not limited to,Sensus,a Sensus employee or another user,or(iii)forge,falsify,dlsgulse or otherwise manipulate any identification information associated with Customers access to or use of the Appllcatlon(s). iii. The provisioning, compatibility, operation, security, support, and maintenance of Customers hardware and software ("Customers Systamsl is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly confogudng and maintaining (i) the desktop environment used by Customer to access the Application(s)managed by Sensus;and(i?Customers network router and firewall,if applicable,to allow data to flow between the Customers Systems and Sensus'Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus,Customer shall create username and passwords for each of Customers authorized users and complete the applicable Sensus registration process("Authorized Users").Such usernames and passwords will allow Authorized Users to access the Application(s).Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customers account,and Sensus will not be liable for any loss,damage or liability arising from Customers account or any user ID and password pairs associated with Customer.Customer is fully responsible for all acts and omissions that occur through the use of Customers account and any user ID and password pairs.Customer agrees(1)not to allow anyone other than the Authorized Users to have any access to,or use of Customers account or any user ID and password pairs at any time;(ii)to notify Sensus immediately of any actual or suspected unauthorized use of Customers account or any of such user ID and password pairs,or any other breach or suspected breach of security,restricted use or confidentiality; and(iii)to take the Sensus-recommended steps to log out from and otherwise exit the Application(s)and Managed Systems at the end of each session. Cuskmr agrees that Sensus shall be entitled to rely,without inquiry, on the validity of the user accessing the Application(s)application through Customers account,account ID,usernames or passwords. V. Customer shall be responsible for the day-today operations of the Application(s)and AMI System. This includes,without limitation,(1)researching problems with meter reads and system performance, (11) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users,(v)investigating application operational issues,(vl)responding to alarms and notifications,and(vil)performing over-the-air commands(such as firmware updates or configuration changes). III. Sensus Analytics A. Essential Package. The Essential Package of the Sensus Analytics Application shall consist of the following modules: k. Device Access a. Allows search for meter details by using data imported from the Billing system or the Sensus Device ID or AMI ID. b. Allows a view of the meter interval or register reads, c. Meter data is available to be copied,printed,or saved to certain user programs or file formats,specifically CSV,PDF,and Spreadsheet d. Allows the current and historical data to be viewed. e. Allows the current usage to be compared to historical distribution averages. f. Allows the user to see the meter location on a map view. {00204479.1 306-90018211) Page 8 of 21 Page 496 of 1712 Room sEnsus K g. Allows notifications for an event on a single meterto be forwarded to a Customer employee. h. Allows details to be viewed about a meter--(dependent on the data integrated from other systems). H. Meter Insight(provides the following) a. #of active meters. b. #of orphaned meters with drill down to the list of meters. c. #of inactive meters with drill down to the list of meters. d. #of stale meters with drill down to the list of meters. e. #of almost stale meters with drill down to the list of meters. f, #of meters where no read is available with drill down to the list of meters. g. #of meters with high threshold exceptions with drill down to the list of meters. h. #of unknown radios with drill down to the list of meters. iii. Report Access a. Allows the user to see meter alarms and choose a report from a list of standard reports. b. Master Route Register Reads: Shows the latest reads for all meters within specified time window. c. Meter Route Intervals Reads: Allows users to inspect intervals of a single rater over a period of time. d. Master Route No Readings: List all meters that are active in the system,but have not been sending reads within the specified time window. e. ConsumptionReport: List meters'consumption based on meter readings within the specified time window. f. Zero Consumption for Period: List meters whose readings do not change over a period of time. g. Negative Consumption: Shows the number of occurrences and readings of negative consumption for the last 24hr,48hr and 72hr from the entered roll up date. h. High Low Exception Report: Displays meters whose reads exceed minimum or/and maximum threshold,within a time range. I. Consumption vs Previous Reported Read: Compares latest reading(from RNI)with last known read received from CIS. j. Consumption Exception 24 hour Report This report shows meters that satisfy these two conditions:(1)The daily average consumptions exceed entered"daily consumption threshold;"(2)The number of days when daily thresholds are exceeded are greater than the entered" exception per day threshold," k. Endpoint Details: Shaws the current state of meters that are created within the specified time range. I. Orphaned Meters: List meters that are marked as'orphaned',which are crated as of entered"Created as or parameter, m. Billing Request Mismatch: Displays meters in a billing request that have different AMR id with the ones sent by RNI.It also shows AMR id in billing request that have different meter Id in the RNI. n. Users need to enter which billing request file prior to running the report. o. Alarms Report: List all alarms occurred during a time window.Users can select which alarm to show. iv. Billing Access a. Initiate the creation of billing export files formatted to the import needs of the billing system. b. Receive billing request files from the billing system to identify what meters to Include In the billing export file in the case where billing request file option is used. c. Provides a repository of past billing files that were either used for billing preparation or actually send to the billing system, d. Will store created billing files for a period of three years unless otherwise denoted. e. The system will allow creation of test files before export to the billing system. V. Billing Adaptor a. The underlying configurator and tools mapping the extraction of billing data to enable integration to the utility's billing system. vi. Data Store a. Allows storage of meter reading data including Intervals,Registers,and Alarms to be stored. b. Stored data is available online for reports and analysis. c. Data will be retained for 3 years.Additional duration can be purchased. B. Enhanced Package. The Enhanced Package shall consist of the modules listed above in the Essential Package,as well as the following additional modules: i. Alarm Dashboard a. Allows the user to summarize and filter alarms by a date range. b. Allows the user to review all alarm types on a single scan. c. The user can filter out the alarms not wanted on the screen. d. Alarm totals can be visualized. e. Adds a view of trending alarms overtime. f. Click to drill down on an alarm to gain more information on specific events. g. Click to analyze a specific event on a particular device. Alarm Console a. Follow real time monitors of the alarms coming from Customer's meters. b. Provides a single view for all alarms across the enfire network. c. Allows the user to view trending of each alarm over time. iii. Alert Manager a. Allows creation of alert groups who will be notified when an alarm occurs. b. Users can manage alert groups by adding and removing group members. c. Allows selection of notification method for how end users in the group will be notified;email or SMS(text message). d. Allows creation of an alert from the available system events from smart points and assign to a group. e. Monitors the systems meters for events. When an event is triggered,all users in the group will be notified. D. Integration of Sensus Analytics. Sensus shall provide integration support services to Customer only to the extent specifically provided below: i. Sensus shall provide Customer with a simple fiat file specification known as VFlex for the integration of the Customer's back office system to the Sensus Analytics modules.This flat file may be delimited or fixed width.This specification allows Customer to transmit each day or as needed:the devices and end users in the system,end user status,end user account information,end user name,and other end user details. When sent to the Sensus FTP servers,this file exchange will enable the system to become operational with the Customer's systems. Customer shall produce this file and transmit it to the FTP location designated by Sensus.Sensus will provide reasonable support to explain to Customer the required vs.optional fields that are in the specification,testing and validation of the file format and content. a. In scope of the included integration efforts is the mapping the Custom ees fields to the VFlex specification. {oa204479.1 S08-9001821) Page 9 of 21 Page 497 of 1712 sensus b. Out of scope and subject to additional charges will be the transformation of data where business logic including code must be written to modify the field content or format of the data to meet the VFlex specification. 0. Sensus'integration services consists of four(4)hours of assistance(remote or on-site,as determined by Sensus). If additional time is needed to complete the integration efforts,Sensus shall invoice Customer for additional fees on an actual time and materials basis. iii. If an Item Is not listed in subparagraphs(1)or(11)above,such item is excluded from the Integration of Sensus Analytics Support and Is subject to additional pricing. E. Data Import The Sensus Analytics Application contains adapters for the import of data from;(a)Custorner's FlexNet AMI System;and/or(b)AutoRead application for handheld and drive by systems,as applicable. F. Customer Acknowledgements. i, Customer acknowledges that the Sensus Analytics Application provides up to fifty(50)user logins for Customer's use. 0. Customer acknowledges and agrees the Sensus Analytics Application Is based upon the actual number of End Users within Customers Service Territory. Pricing may increase if Customers Service Territory or actual number of End Users expands. iii. Customer acknowledges that all data related to the Sensus Analytics Applications is geographically hosted within the United States of America. Customer accepts the geographic location of such hosting,and indemnifies Sensus for any claims resulting therefrom. iv. Customer acknoMedges and agrees that the Intellectual Property provisions of this Agreement apply in all respects to Customer's access;to and use of the Sensus Analytics Applications. v. Customer is responsible for validating the data analyzed by the Sensus Analytics Applications. Sensus makes no promises of improving Customer's operations or saying Customer money,nor is Sensus liable for any damages resulting from decisions made by Customer related to Customer's use of Sensus Analytics. IV. Third Party Software. A. RedHat Linux. If Sensus is providing Customer with a license to use RedHat Linux Software,Customer agrees to the following: By entering into this Agreement Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below,each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully. Subscription: End User License Agreement: Red Hat Enterprise Linux httpJAwm.redhat.cDrrdlicanses/rhaLfheL_eula.htmI JBDss Enterprise Middleware http:/Avww.redhatoDiNlicensesfjboss�-euia.htmI {00 79.1 WG-WDI821) Page 10of21 Page 498 of 1712 sensus Exhibit IS Technical Support 1, Introduction Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue.Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis.If Technical Services has exhausted all troubleshooting efforts for the product type,the issue will escalate to the Engineering Support Team.Occasionally,on-site troubleshootinglanalysis may be required.The preferred order of on-site support is: a) The Customer(for assistance with the easiest and lowest time-consuming activities such as power ontpower off), b) The local distributor. c) Sensus employees or contracted personnel,if required to fulfill a contract commitrnent, 2. Support Categories 2.1. General questions regarding functionality, use of product, how-to,and requests for assistance on Sensus AMR,AMI, RF Network Equipment, Metering Products and Sensus Lighting Control. 2.2. Proactive reporting and resolution of problems. 2.3. Reactive reporting to isolate,document,and solve reported hardwarelsoftware defects. 2.4. Responding to service requests and product changes. 2.5. Addressing customer inquiries with printed or electronic documentation,examples,or additional explanationlclarification. 3. Support Hours 3.1. Standard Support Hours;Toll-free telephone support(1 )6-838-3748 option#2)is available Monday thru Friday from 8:00AM EST to B:OOPM EST.After- hours,holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1-800-63"748,option#8. 4. Support Procedures 4.1. Customer identifies an issue or potential problem and ells Technical Services at"00-638-3748 Option#2.The Customer Service Associate or Technical Support Engineer will submit a Support ticket. 4.2. The Customer Service Associate or Technical Support Engineer will Identify the caller name and utility by the assigned software serial number,city,and state in which the call originated.The nature of the problem and severity levels will be agreed upon by both parties(either at the time the issue is entered or prior to upgrading or downgrading an existing issue)using the severity definitions below as a guideline.The severity level is then captured into a support ticket for creation and resolution processing.Any time during the processing of this ticket,if the severity level is changed by Sensus,the customer will be updated. Severity Levels Description, Sev1 Customer's production system is down.The system is unusable resulting in total disruption of work.No workaround is available and requires immediate attention. Example:Network mass outage,all reading collection devices inoperable,inoperable head end software(e.g.,RNI Software,Sensus MDM). SW Major system featureffumction failure. Operations are severely restricted; there is a major disruption of work, no acceptable work-around is available,and failure requires Immediate attention. Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VGB); inoperable reading devices (e.g., AR5500,VXU,VGB,or CommandLink);head end software application has important functionality not working and cannot create export file for billing system operations. Sev3 The system is usable and the issue doesn't affect critical overall operation. Example:Minor network equipment failure(e.g.,Echo/Remote false alarms or Base Station transceiver false alarms);head end software application operable but reports are not running properly,modification of view or some noncritical function of the software is not running. Sev4 Minor system issues,questions,new features,or enhancement requests to be corrected in future versions. Examples:Minor system issues,general questions,and`Haw-To'questions. 4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support.If the customer Is not on support,the customer is advised of the service options as well as any applicable charges that may be billed. 4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first-come-first-serve basis.A first level Customer Service Associate may assist the customer,depending on the difficulty of the call and the representative's technical knowledge.Technical Support Engineers(Tier 1 support)typically respond/resolve the majority of calls based on their product knowledge and experience.A call history for the particular aunt is researched to note any existing pattern or if the call is a new report This research provides the representative a basis and understanding of the mount as well as any associated problems and/or resolutions that have been communicated, a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause.The following information must be collected:a detailed description of the issue's symptoms,details on the soflwarelhardware product and version,a description of the environment in which the issue arises,and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system,to see if reports of a similar problem exist,and if any working solutions were provided. If an existing resolution is found that will address the reported issue,it shall be communicated to the customer. Once it is confirmed that the issue has been resolved,the ticket is ckmsed. c. If there is no known defect or support that defines the behavior,Technical Services will work with the customer to reproduce the issue.If the issue can be reproduced,either at the customer site or within support center test lab,Technical Services will escalate the ticket for further investigation 1 resolution. If the issue involves units that are considered to be defective with no known reason,the representative will open a Special Ihvestigation RMA through the Support system.If it is determined that a sample is required for further analysis,the customer will be provided with instructions that detail where to send the product sample(s)for a root cause analysis.Once it is determined that the Issue cannot be resolved by Tier 1 resources,the ticket will be escalated to Tier 2 support for oonfimnatiomlworkarounds to resolve immediate issue.Technical Services will immediately contact the customer to advise of the escalation.The response and escalation times are listed in Section 5.Al this time,screen shots, log files,configuration files,and database backups will be created and attached to the ticket. f 00204479.1 30"001821) Page 11 of 21 Page 499 of 1712 MOM sEnsus 5. Response and of 'on Targets, Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Severity Standard Target Standard Target Resolution Resoluflon(one or rnore of the following) Response Immediately assign trained and qualified • Satisfactory workaround is provided. Services Staff to correct the error on an • Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing * Fix incorporated into future release. communication on the status of a • Fix or workaround incorporated Into the Support correction. Knowledge Base. • Satisfactory workaround is provided. Assign trained and qualified Services • Program patch is provided. 2 4 hours ftff to correct the error. Provide 9 Fix incorporated into future release. communication as updates occur. • Fix or workaround incorporated into the Support Knowledge.Base. w Answer to question is provided. v Satisfactory workaround Is provided. 3 1 Business Day 90 business days * Fix or workaround incorporated into the Support Knowledge Bass, • Fix incorporated into future release. • Answer to question is provided. 4 2 Business Days 12 rrK)nths o Fix or workaround incorporated into the Support I Knowledge Base. 6. Problem Escalation Process. 6.1. If the normal support process does not produce the desired results,or if the severity has changed,the Issue maybe escalated as follows to a higher level of authority. 6.1.1. Severity I issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours;to the Manager level if not resolved within 4 hours;to the Director level if not resolved within the same business day;and to the VP level if not resolved within 24 hours. 6.1.2. A customer may escalate an issue by calling 1-800-6383748,Option 2.Please specify the Support ticket number and the mason why the issue is being escalated. 6.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products,they may escalate a given Support ticket to Manager of Technical Services(1-800-638-3748,Option 2). 7. General Support Provisions and Exclusions 7.1. Sensus provides online documentation for Sensus products through the Sensus User Forum (http-.1/myflexnetsystem.cDm/ModuWUser/Login).All Sensus customers are provided access to this online database,which includes operation,configuration and technical manuals.Sensus also hosts periodic user group teleconferences to facilitate the interchange of product ideas,product enhancements,and overall customer experiences.The customer shall provide names and email accounts to Sensus so Sensus may provide access to the Portal. 7.2. Specialized support from Sensus is available on a fee basis to address support Issues outside the scope of this support plan or If not covered under another specific maintenance contract.For example,specialized systems integration services or out of warranty network equipment repair that is not covered under a separate maintenance contract, (002W79.1 306-9001821) Page 12 of 21 Page 500 of 1712 sensus Exhibit C Pricing PrIcin Item Description I Quark I Price por Unit Notes Goods SEE EXHIBIT'C"IQUOTATION AT PAGES 14 THROUGH 17 E�E servkm SEE EXHIBIT'C"IQUOTATION AT PAGES 14 THROUGH 17 On cin Fees SEE EXHIBIT'G'IQUOTATION AT PAGES 14 THROUGH 17 Annually Escalation. Customer shall pay for all goods and services rendered by Sensus hereunder at the prices set forth in this Exhibit C(or in the Quote I one is referenced on the first page.If them is a Quote referenced an the first page,such Quota is incorporated into this Exhibit C by reference). The pricing in Exhibit G shall remain firm until the Trigger Date (as defined on the first page of the Agreement).Starting on the Trigger Date,and an each anniversary of the Trigger Data thereafter,the pricing in Exhibit C shall automatically adjust to equal the summation of CI)the amount charged for such pricing component during the immediately preceding year VBase Amount');plus(11)the product of the Base Amount multiplied by the percentage rate of increase in the Escalator(s)during the immediately preceding year(which product shall not be less than zero,such that the pricing in Exhibit C cannot decrease under this section). The EscalatDqs)YAII be calculated utilizing the EscalaWs)published the month prior to the anniversary of the Trigger Data compared to the equivalent month from one year earlier to determine the escalation. For example,If the Trigger Date occurs in January 2015,the Escalab*s)will be calculated by comparing December 2013 and December 2014%ures. Equipment. Invoices for all Field Devices,RIF Field Equipment,Server Hardware and any other goods sold by Sensus hereunder shall be delivered along with the relevantgoods. Third Party Devices. In cases where Customer requests or requires Sensus to deliver SmartPoint Modules to a third party meter manufacturer(or any other third party),payment for such modules is due within thirty(30)days of the invoice date to such manufacturer or other third party,irrespective of how long it takes such third party to deliver the SmartPoint Modules to Customer. Services. Invoices for Ongoing Fees and services shall be delivered annually or monthly,as applicable,in advance. Invoices for other services shall be delivered upon completion of the applicable service. Invoices and Payment Customer shall pay all invoices wilhin thirty(30)days of the Customer's receipt of the proper invoice in accordance with the Florida Prompt Payment Act.. Sensus reserves the right to establish credit limits for Customer and may require full or partial payment prior to shipment of any goods or commencement of any services provided hereunder, All payments shall be made via electronic payment to the accounKs)indicated by Sensus from time to time,union Sensus requests a change in payment methods in writing. Late Payments. Any invoices not disputed in good With by Customer which Customer does not pay within the time provided in this Agreement shall bear interest at the lower of @ one percent(1%)per month in accordance with the Florida Prompt Payment Actor 01)the highest rate permitted by applicable law(collectively,'Interest Rale"). Disputed Invoices. Resolutions of disputed invoices will be handled in accordance with Section 218.76,Florida Statutes of the Florida Prompt Payment Act as may be amended. Withholding. Customer may withhold payment on an invoice for defective goods and services. Payment by Customer of an Invoice shall deem Sensus to have fully compiled with this Agreement for all goods and services represented In the invoice and with all other terms and conditions of this Agreement prior to the date of such payment Taxes. All prices quoted are exclusive of federal,state and municipal taxes.Customer is exempt from taxation and no taxes will be imposed on this Agreement or the goods, services,licenses and/or other rights provided to Customer.Unless and until Customer provides Sensus with fis tax exempt certificate,Customer shall be liable for all sales,use and other taxes(whether local,state or federal)imposed on this Agreement or the goods,services,licenses,and/or other rights provided to Customer hereunder. Delivery and Packaging. Customer shall pay for delivery of the Equipment from Sensus'or Sensus'contracted manufacturers'factory to Customees warehouse. Sensus reserves the right to select the manner in which Equipment is packaged.Quoted prices include regular packing. Special requirements for packing will be subject to extra charges. Shipping and completion dam quoted by Sensus are made in good faith but are not guaranteed. Address for Purchase Orders. All purchase orders shall be sent to the address listed below. Senses may change this address at any time,upon written notice to the Customer (such notice may be provided via email). Sensus USA Inc. PO Box 487 Uniontown,PA 15401 Attn Customer Service Fax:800-888-2403 Emall:ioon.support@sansus.com 100204479.1 308-9001821) Page 13 of 21 Page 501 of 1712 vi..Ftry sEnsus Exhibit C Page I MUWAM 450 North Gaudin Memo 1d P.G.Box 4a7 1-80"38-3746 QUOTATION Uffionbwn.PA 1021 USA www.wnvu&com Your Quote Number: 28578 Reference: SA ENHANCED &Cp sensus Bill to Customer: 084060 Ship to Customer: ATTENTION WANEYA BRANT BO IMCH CITY OF 130YNTON BF.ACH CITY OF PURCHASING DEPARTMEN[T PO BOX 310 PO BOX 310 PURCHASING DEPARTMENT 130YNTCN BEACH FL 33425-0310 USA BO BEACH FL 33425-0310 Salesman- HERRON 13ROCK Effective Date- 5/04/17 Terms. NET 30 DAYS Expiration Date: 4/30/18 US Dollar Line Description Quantity U/M Unit Price 1 Part : SSX46XXMXXXXX I EA 38,512.210 SAAS W/SFIWR. RNI 3.X >35K WTR RNI 3.X >35K SERVICES WATEp, YEAR I 2 Part#: MS RNI SAAS 1 KA 39,667.580 ANNUAL RNI SAAS M YEAR 2 3 Part#: M[S. RNI SAAS I EA 40,857.600 ANNUAL RNI SAAS FEE YEAR 3 4 Part : MS RNI SAAS I EA 42,083.330 ANNUAL RNI SAAS FEE YEAR 4 5 Part#: MS RNI $AAS I EA 43,345.830 ANNUAL RNI SAAS FEE YEAR 5 6 Part#.- MS SU RNI SAAS1 1 EA .000 SETUP RNI SAAS FEE 0-34,999 WTR/GAS This Qmvibn Is w WW loscH which induda and is subjM lo the Scams Mdming Spkw Tcm of SmIc avelbbir,fir Agwbg mW dawa1asdtug aLhU%&yw.wnsus- Pi me cowed Cakwer Savice d 1400-639-3749 if am u loaccessomis shc mud mpim a Pffh9CdCW0f1h4TCM00M"b0. (0020"79,130"001821) Page 14 of 21 Page 502 of 1712 Boom mom amm" MINE= sensus I Page 2 460 Neft II in Avam 11-6130-MeWdl P.O.Box 07 1-000$38-3748 union kRm,PA 15221 U8A wymansus.com Your Quote Number: 28578 SE1011 S RUN S US Dollar Line Description Quantity U/M Unit Price 7 Part : 5396383700535F 1 EA 32,335.310 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE 8 Part*.- 5396383700535F 1 EA. 33,305.370 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE 9 Part#: 5396383700535F 1 FA 34,304.530 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE 10 Part#: S396383700535F 1 KA 35,333.670 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE 11 Part : 5396383700535F I EA 36,393.680 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEB 12 Part : 5396383700521A 1 EA 2,000.000 SEN ANLYTCS SYSTEM SETUP WATER <5K SEMSUS RNI CUSTOMER 13 Part : PS SA CUSTOM I HA 5,000.000 SENSUS ANALYTICS CUSTOM BILLNG INTEK;RATION FEE 14 Part#: SA VM CP 3-5 1 EA 6,250.000 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 YEAR 1 15 Part#. SA WTR CP 1.5 1 EA 6,437.500 WTR CONS PORTAL <1500 ANNL ANNUAL USE M 0-1500 YELAR 2 16 Part#.- SA WTR CP 1.5 1 EA 6,630-630 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 This Quelelion Is an oft to wWoh Mu dw and Is subjeet Oc Iha Seaws Mdaimil;Spft%Tcmf offtle mumble fig*wing ffl�d dowgiosding a hllo.l w n e Pkme con w cos imm savice 9 1-900-639-3749 if on on"Is amuffn sim and mWkc a prhad copy orflue Tam of3sle. f00204479.1 306-90018211 Page 15 of 21 Page 503 of 1712 RNMEN Nunn ONOM sEnsus Page 3 M011111111111111111 450 North Gallmlin Avenue I-mmatedi - P.O.BOX467 1-800,638-3748 OFAMEM Unbribm,PA 15221 USA %W.500SUB.Com Your of Number: 28578 sensus US Dollar Line Description Quantity U/M Unit Price YEAR 3 17 Part#: &A WTR CP 1.5 1 EA 6,829.540 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FER 0-1500 YEAR 4 18 Part : SA WTR CP 1.5 1 EA 7,034.430 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 YEAR 5 19 Part#: &A MR CP OVRG 1 EA 2.400 WTR CONSUMER PORTL OVERAGE FEE 20 Part#.- SA SU WTR CP 1 EA 5,000.000 WM CONSUMER PORTAL SET UP FEE WITH SENSUS ANALYTICS 21 Part#: PS &A CP CIS 1 KA 11,000.000 SENSUS ANALYTICS CONSUMER PORT CIS INTEGRATION FEE 22 Part#. PS SA CP IN I EA 2,000.000 SENSUS ANALYTICS OONSIUMR PORTL TRAINING BOYNTON BEACH HAS 35,319 SERVICES. BOYNTON 13EACH TO INCL UDS P.O. NUMBERS FOR BILLING ON YEARS 2 - 5 FOR ANNUAL FEES THAT WILL BE BILLED AUTOMATICALLY WITH INCREASES YEARLY AS QUOTED. MOVING FROM LOGIC MUM 70 &A ENHANCED. FULL FREIGHT ALLONED. FOR SHIPPING POINT. CASE - 00507230 This QmodWn Is m oft to sell which includes anrl is subject to tire San sus Maicsfig Spiam Tents of Saic,rarallabiv for viewing and dmiawing id halsdaymmusuff. lyPicaso cocaad Cakxw Service a 14M 638 3746 if am unaMc to access this site md mokc a prinftdcopyotillaTamsef3de. (00204479.1306-9001821) Page 16of21 Page 504 of 1712 Boom Now sr=nsus Page 4 RUN1101 460 North Gell In AMM 1d P.O.B40 14MO-ON-3748 Ufflonkw.PA 15221 USA %MMMMUS.Cm Your Quote Number: 28.978 nos US Dollar sensu Line Description Quantity U/M Unit Price PROJECT CODE WAKG IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED To MEET NEW REGULATIONS, THE PRICING SUBMITTED ISSUBJECT To IMMEDIATE CHANGE Tbank you for your interest in quality products by Sensus. Current as of: 5/05/17 Correspondence. Purchase Orders: SEMSUS SENSUS 207 WINrMERE DRIVE PO BOX 487 13OWLING GREEN, XY 42103 UNIONTOWN, PA 15401 senous.orders@seriaus.com PHONE: 600-METER-IT 800-638-3748 ROBERT WHITTAKER Regional Sales Manager 7hisQatelicalsooffitiosdi which imbels mW issubject 101h9SmMdM6Wk95y8WmTams of SWc mfible.fwvwwkg arx! pribod copy or Yew orsaic. (0020079.1 306-9001821) Page 17 of 21 Page 505 of 1712 Sol= 1111111E sEnsus Exhibit D Statement of Work I General Responsibilities. a. Sensus will: 1. Conduct a propagation study to determine the locations beg sullied for Installation of the FlexNet Base Stations and to ensure proper communications with end point transmitters and the RNI. b. Customerwit 1. Provide a key point of contact in work with Sensus to help facilitate a timely installation of the FlexNet system. 2. Provide Sensus a map of its Service Territory with latitude and longitude(lalflonj coordinates of Is Service Territory boundaries,a list of meter locations,and a list of preferred Customer tower locations. 3. Work with Sensus to develop a shipping schedule to include network and metering components for the Sensus AMI System.The shipping schedule will be updated at least quarterly,but may be updated an a more frequent basis as implementation proceeds. The shipping schedule shall identify each geographic area of the deployment the specific locations of metews.(street addresses andfor Taft 9 available)in that area,and the estimated date of installation in that area.The plan shall estimate the number of meters by Sensus part number and form type to be installed for each quarter of the project until completion. 4. Be responsible for monthly fees associated with the network access for all sites where network access is needed. 5. Provide communications fink:(high speed DSL is preferro belween the RNI and the FlexNet Base Station. One of the following should be used to access these components:@ Cisco VPN;(11)Open VPN Connection;or Ciii)SSH access via port 22 to Linux NC. If Customer is providing SSH access,Port 22 on the firewall must be opened and redirected to the internal IP address of the Sensus RNI, 6. Purchase any routes,hubs,mounting equipment unii-derruiptible power supply andfor security equipment needed to connect the RNI to Customer's internal network. 7. Be respondble for the payrrmdof any taxes,reneviial,regulatory or license tesassodated with the network hardware and software. 8. Be responsible for applying for and purchasing any needed work permits. IC FlexNet Base Station Site Responsibilities a. Sensus will: 1. Determine the correct FlexNet Base Station configuration for the project FlexNet Base Stations are available in three configurations:indoor,outdoor and rack mounted. 2. Identify and hire a qualified'installation turn to install and commission the FlexNet Base Station equipment and make final end connections to the equipment for an agreed upon installation fee. 3. Provide the FlexNet Base Station and antennae suffidentto receive mater data and provide the meter data log*RNI via Customers provided network. 4. Provide the following equipment for the FlexNet Base Station installation; (a)Antel BCD-87010 Omni Directional Antenna or appropriate panel antenna as required,(b)up to 400 feet of 718"coaxial cable per FlexNet Base Station location,(c)WF connectors for 7/8'coaxial cable required for antenna installation connection,(d)jumpers required to attached antenna to coax and to FlexNet Base Station(length of Jumper to be determined by individual site),(e)RF Polyphaser surge current arrestor,(1)grounding Kits for 718"coaxial cable,(g)#6 stranded grounding wire for grounding FlexNet Base Station Cabinet,(h)antenna mount and standoff for antenna installation,@ hoisting grips to Install coaxial cable and to support cam cable,(j)equipment required to pickup,transport and install FlexNet Base Station an Platform,and k)one(1)hoisting grip per coax cable and hangars as needed. 5. Have access to a ground field(supplied by Customer)to properly ground the FlexNet Base Station and antenna equipment 6. Mount the FlexNet Base Station cabinet(if needed)to the structure provided and identified by Customer. 7. Make all data and power terminal,and antennae connections at the FlexNet Base Station Cabinet This includes the connection frown the poorer source(supplied by Customer)and connection of the CAT 5 data line(supplied by Customer)from the network access point at the site. 8. Provide all strapping hardware needed to run the data and power cables from the base of the FlexNel Base Station site to the antennae I needed. 9. Install the antenna at an agreed-upon location on the antenna structure. 10. Provide and install Andrew 718"coaxial cable from each FlexNet Base Station location to antenna mount location. Coax will be installed on the appropriate log of tower or mounting structure. 11. Provide and install antenna mount with a 3 foot stand-off for the antenna installation. 12. Mount the Sensus provided Antal BCD-87010 or appropriate panel antenna for installation. 13. Install the Sensus provided RF PoWaser and bond into the ground buss entry location. 14. Install a 6 foot Jumper from polyphaser entry port of FlexNet Base Sidon duplaxer. 15. Ground the FlexNet Base Station to common ground with appropriate#6 ground wire and appropriate ground lugs. 16. Program and commission the FlexNet Base Station for proper operation. 17. Sweep the antenna and coax line to ensure conformanoe to Sensus'published specifications. 18. Perform drive-by testing to verify coverage. 19. Not be held responsible for damage to any interlorlexterior coatings on water tanks that result from welding of antenna mounts to tanks.Parties will agree to a scope of work prior to installation. b. Customerwill: 1. Provide an area at the FlexNet Base Station site for installation if the FlexNet Base Station is to be installed at a Customer provided site and prepare the site as follow: A. The site must have a network connection available for the FlexNet Base Station to communicate with RNI. Suggested communications methods are Ethernet,DSL,Microwave and wireless. The Ethernet connector on the FlexNet Base Station unit is an RJ-45 type.10/100 auto signaling rate. Minimum WAN bandwidth requirements are 128 kbps with a redundant path. Any network equipment to interface the FlexNet Bass Station such as Juniper router I firewall,switches,etc.will be Customer provided. B. Customer will supply connectivity information to Sensus(IP address,default gateway,sub-net mask,etc.). C. Provide suitable antenna mounting structure such as a tower,mono-pole,or building that is capable of supporting the weight of the antenna,cable, mounting hardware and wind loading. D. An Indoor site should have adequate room for the rack facilitating opening of both front and rear doors,and an avallable 1120V grounded outlet within 10 {00204479.1 306-9001821} Page 18 of21 Page 506 of 1712 sEnsus BERM feet E. An Outdoor site installation single phase 240 VAC 30 amp circuit from Mater bank to disconnect panel on FlexNet Base Station. F. An Outdoor site shall have installation of FlexNet Base Station concrete support pad or suitable steel support structure with a minimum loading capacity of 6001bJ sq.inch. G. An indoor site should have adequate environmental conlroVventilation. Recommended environmental ranges are shown in Appendix A of the Tower Gateway Base Station Installation Manual. Although the unit is capable of operation in extreme temperatures,maintaining a moderate and constant temperature environment will promote trouble-free service and long Itfe. H. The site must have all RF and power connections property surge arrested to prevent damage in the event of a major lightning strike. A Halo type building ground installation with a tie available to connect to the rack ground bar is recommended;Motorola R-85 grounding specification preferred. 1. Customer to supply a cable bridge between the antenna mounting structure and the indoodoutdoor FlexNet Base Station sited and as needed. J. For each outdoor basestatlon that is required at your location,you are responsible to provide two(2)additional ports on your LAN and one(1)additional port for each indoor basestation 2. Provide the necessary trenching of the power line,conduit,and cabling needed to supply power from the power source outlet to the base station cabinet.All electrical equipment will be installed in accordance with local codes. 3. Provide nehw k amass at the site where the FIwW Base Station is to be helalled. Customer should consult with a Sersus representative regarding the available options for network connections between FlexNet Baca Station and RNI. 4. Provide CAT 5 UV and weather resistant network cable from the network service provider access;link to the cabinet 5. Provide any conduit or trenching needed to run the data cable to the FlexNet Base Station.Customer Is responsible to assure that data cable is located within 1 foot of the final location of the FlexNet Base Station. 6. Provide padlocks at each FlexNet Base Station location for security purposes. 7. Install grounding material at the location of the FlexNet Base Station Installation.At a minimum,the material should consist of#4 or#2 stranded copper wire which will connect to the FiexNet Base Station. 6. Provide access to a proper ground field at the FlexNet Base Station silo to enable Sensus to property ground the FlexNet Base Station and antenna equipment. 9. Be responsible for getting accessipermission to any structure that is not owned by Customer. Ill. Echo Transceiver f Remote Transceiver Responsibilkies a. Serious will: 1. ProAde mounting brackets for Installation. 2. Idently the qAm um locatim to Install the Echo TrarmceivaYRemote Transceiver and communicate ihose locations to Customer. 3. Echo Tra r/Remote Transceiver locations will be identified any after sufficlent FhoiNet Base Stations and endpohls have been installed and it is apparent that additional infrastructure in the form of Echo Tmnscenrers/Rermte Transceivers is required to optimize systam performance. b. Customer will: 1. Provide a 120 VAC power source and cable run,in complionce with local code,to the point where each Echo Transceiver/Remote Transceiver will be installed in supply all necessary power requirements.These boxes can be installed on top of poles,buildings,etc.For such cable runs,18 AWG UV and weather resistant pow cable for runs less than 470 B and 16 AWG far runs less than 750 fl.are needed. 2. Install the Echo Transceiver/Remote Transceiver units and ancillary equipment necessary to a structure. 3. Initiate,coordinate and acquire authorization for installation crews to dirnb poles,buildings and other structures necessary to safely affix cable runs as needed for the installation of the Echo Tran mote Transceivers. 4. Provide adequate electricity to the Echo TranscelverfRemole Transceiver locations and be responsible fa any and all recurring electricity charges for Echo TransceivuffiternotB Transceiver operations. 5. Be 'blefor oftgoing mainlenence and supportof the equipment after hslatabon. IV. Endpoints&Field Installation Responsibilities a. C °: i. Purchase Endpoints. "EndpcdnC,in this Exhibit only,means a Sensus aster or a Sensus SmartPoint Module installed on a third party meter. 2. Customer is responsible for thesafe Installation of the Endpoints. For ellediricity products,Customer shall first test and confirm that each socket to which a NgMfork Device will bets connected is in sate operating condition,Is fully functional,is not corroded,does not contain improperly installed jam or other deficiencies,complies with ANSI standards,and is not'hor,damaged,or otherwise in need of maintenance or repair. 3. Install or hire a qualified Installation contractor to Install all Endpdr s to be used in the AMI System. 4. Be responsible for quality assurance for their personnel and/or an installation contractor as it relates to proper installation of Endpoints. 5. Visit and troubleshoot Endpoints that are not reporting into the system.Investigate any rowWorft Endpoints to ensure that them are no ad wires,' imp programming and resolve all data entry errors in the system. 6. Assign an internal and/or installation contractor auditor to ensure Installation work N correct Sensors will tram this Individual to properly identify and correct any known problems in the field.This individual will be the primary contact to troubleshoot,identify and correct non reporting and installation errors. 7. Once the Installer has completed troubleshooting of hstailation.issues,Sensus will Investigate the remaining Endpoints to identify and fix any coverage Issues. 8. to esbblish the Endpcints insiallabon schedule,shipmentquanfifies,and overall project timeline. 9. Be responsible to rent or purchase programming devices In sufficient quandes to meetihe demands of the installers. (0020"79.1 306-9001821) Page 19 of 21 Page 507 of 1712 sEnsus Exhibl E Product Warranties (see attached) {00204479.1 3064001821) Page 20 of 21 Page 508 of 1712 Sensus Limited Warranty G-500 R21 L General Product Coverage X.Senaus accuMAG-Meters,.. Senaus USA Inc.("Sensus")warrants its products and parts to be free from defects in are warranted to be free from defects in material and workmanship,under normal use and material and workmanship for one(1)year from the date of Senaus shipment and as setservice, for 18 months from the date of Sensus shipment or 12 months from startup, forth below. All products are add to customer(°Customer pursuant to Sensus'Terms whichever occurs first. of Sale,available at:sensus.rwmlTC("Terns of Sale"). ® XI.Senaus Registers... If.SR II and accuSTREAM 1e5f8'°,314"81"Motors... XI. warranted to be free from defects In material and workmanship from the date of Sensus are warranted to perform to AWWA New Meter Accuracy Standards for five(5)years shipment for the periods stated below or until the applicable registration for AWWA from the date of Senaus shipment or until the registration shown below, whichever Repaired Meter Accuracy Standards,as set forth above,are surpassed,whichever occurs occurs first. Sensus further warrants that the SR II and accuSTREAM meters will first: perform to at least AWWA Repaired Meter Accuracy Standards for fifteen(15)years from the date of Sensus shipment or until the registration shown below, whichever 518°thru 2"SR,SR II,PMM,aocuSTREAM Standard Registers 25 years occurs first: 518"thru 2"SR,SR II,PMM,accuSTREAM Encoder Registers 10 years New Meter Accuracy Repair Meier Accuracy Electronic Communication Index(ECI) 10 years 518°SR II Meter and 500,000 gallons 1,500,000 gallons All HSPU,IMP Contactor,R.E.R.Elec.ROFI 1 accuSTREAM Meter ® g year Standard and Encoder Registers for:W Turbo and Propeller Meters 1 year 314"SR II Meter and 750,000 gallons 2,250,000 gallons OMNI Register with Battery 10 years accuSTREAM Meter 1'SR II Meter and 1,000,000 gallons 3,000,000 gallons XII.Sensus Electric Meters... accuSTREAM Meter g 9 are warranted to be free from defects in material and workmanship for one(1)year from III.SRO 518",31411 S T°Motors... the data of Sensus shipment. Spare parts and components are warranted to be free from defects in material and workmanship for one(1)year from the date of Sensus shipment. are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year from the date of Sensus shipment.Sensus further warrants that the 518,314"and 1"SR Repaired or refurbished equipment repaired by Sensus is warranted to be free from defects meter will perform to at least AWWA Repaired Meter Accuracy Standards for fifteen(15) in material and workmanship for ninety(90)days from the date of Sensus shipment or for years from the date of Sensus shipment or until the registration shown below,whichever the time remaining on the original warranty period,whichever is longer. occurs first: XIII.Batteries,IPERL System Components,AMR and FlexNatm System AMI Interface Repair Meter Accuracy Devices... 518"SR Meter 1,500,000 gallons are warranted to be free from defects in material and workmanship from the date of Sensus 314"SR Meter 2,250,000 gallons shipment for the period stated below: 1'SR Meter 3,000,000 gallons Electronic TouchPad 10years FV-SRI"112"&2"... RedioReada MXU(Model 505C,51 OR or 520R)and Batteries 20 years* are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year Act-Palo Instrumentation 1 year from the date of Sensus shipment.Sensus further warrants that the 1-112"and 2"SR TouchRead"Coupler and AMR Equipment 1 year meter wirr perform m at least AWWA Repaired Meter Accuracy Standards for ten(10) FlexNe4 Water or Gas SmartPointn" years from the date of Sensus shipment or until the registration shown below,whichever Modules and Ballades 20 years* occurs first: 5500 series(or older)Hand Held Device 1 year 8500 series Hand Held Device Repair Meter Accuracy 2 yrs Vehicle Gateway Base Station 1 year 2'SR SIR SR 5,000,000 gallons FlexNet Base Station(Including the Metro and M400 base stations) 1 year 8,000,000 gallons Echo Transceiver 1 year V.PMM®518",314",1"Motors... Remote Transceiver 1 year are warranted to perform to AMA New Meter Accuracy Standards for one(1)year iConA and FlexNet Electricity SmartPoint Module i year from the date of Sensus shipment.Sensus further warrants that the 518",314",and 1" IPERL System Battery and iPERL System Components 20 years` PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for ter Residential Electronic Regis fifteen (15)years from the data of Sensus shipment or until the registration shown 20 years` below,whichever occurs first: Smart Gateway 1 year Repair Meter Accuracy •Sensus will repair or replace nonperforming; 518"PMM 1,500,000 gallons 314"PMM 2,000,000 gallons °RadloRead®MXU(Model 5050,51OR and 520R)and Batteries, 1"PMM 3,000,000 gallons •FlexNet Water or Gas SmartPoint Modules (configured to the factory setting of six tranamisslons per day under normal system operation of up to one demand read to each VI.PMM 1-12,2"Meters... SmartPoint Module per month and up to two fimnuare daamloads during the life of the are warranted to perform to AVMA New Meter Accuracy Standards for one(1)year product)and batteries, from the date of Sensus shipment.Senaus further warrants that the 1-112",and 2"PMM •Residential Electronic Register with hourly reads,and meter will perform to at least AWWA Repaired Meter Accuracy Standards for ten(10) •IPERL System Batteries,and/or the IPERL System flowtubs,the flow sensing and data years from the date of Sensus shipment or until the registration shown below,whichever processing assemblies, and the register CiPERL System Components") with hourly occurs first: reads Repair Motor Accuracy at no cost for the first ten (10)years from the date of Sensus shipment, and for the 1-1/2"PMM 5,000,000 gallons remaining ten (10) years,at a prorated percentage, applied towards the published list 2"PMM 8,000,000 gallons prices in effect for the year product Is accepted by Sensus under warranty conditions according to the following schedule: VII.IPERL"'Water Management Systems.., Years Replacement Price Years Replacement Price that register water flow are warranted to perform to the accuracy levels set forth in the 1-10 0% 16 55% IPERL Water Management System Data Sheet available at sensus.cornfiDerildatasheet 11 30% 17 80% or by request from 1-800-METER-Fr, far twenty(20)years from the date of Sensus 12 35% 18 65% shipment. Trio IPERL System warranty does not include this external housing. 13 40% 19 70% VIII.Malncase... 14 45% 20 75% of the SR,SR II and PMM in both standard and low feed alloy meters are warranted to 15 50% }20 100% be free from defects in material and workmanship for twenty-five(25)years from the date of Sensus shipment.Composite and E-coated mainrases will be free from defects Note:Software supplied and licensed by Sensus is warranted according to the terns of the In material and workmanship for fifteen(15)years from the date of Sensus shipment. applicable software license agreement. Sensus warrants that network and monitoring services shall be perfumed in a professlonal and workmanlike manner. IX Sensus°° °°Series Turbo Meters,OMNI" and Propeller Meters... are warranted to perform to AWWA New Meter Accuracy Standards for she(1)year XIV•Return... from the date of Sensus shipment. Sensus°obligation,and Customer's exclusive remedy,under this Sensus Limited Warranty Is,at Sensus'option,to either 0)repair or replace the product,provided the Customer(a) 8601 Six Foft Road,Suite 700 Raleigh,NC 27815 1-800-838-3748 sEnsus Page 509 of 1712 returns the product to the location designated by Sensus within the warranty period;and REMOVING GOODS. "END USER" MEANS ANY END USER OF (b)prepays the freight coals both to and from such location;or(11)deliver replacement ELECTRICITY/WATERJGAS THAT PAYS CUSTOMER FOR THE CONSUMPTION OF components to the Customer, provided the Customer installs, at its cost, such ELECTRICITYIWATERIGAS,AS APPLICABLE. components In or on the product(as instructed by Sensus),provided,that it Sensus requests,the Customer(a)returns the product to the location designated by Sensus The limitations on liability set forth In this Agreement are fundamental Inducements to within the warranty period; and (b) prepays the freight costs both to and from such Sensus entering Into this Agreement.They apply unconditionally and in all respects. They location. In all cases, I Customer does not return the product within the firne period are to be interpreted broadly so as to give Sensus the Maximum protection permitted under designated by Sensus,Sensus will Invoice,and Customer will pay within thirty days of law. the invoice date,for the cost of the replacement product and/or components. To the maximum extent permitted by law. no Cause of Action may be Instituted by The return of products for warranty claims most follow Sensus! Returned Materials Customer against Sensus more than TWELVE(12)MONTHS after the Cause of Action first Authorization(RMA)procedures.Water meter returns must include documentation of arose. In the calculation of any damages in any Cause of Action,no damages Incurred the Customer's test results. Teat results must be obtained according to AWWA more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be standards and must specify the meter serial number. The test results will not be valid if recoverable. the meter is found to contain foreign materials. If Customer chooses not to test a Sensus water meter prior to returning it to Sensus,Sensus will repair or replace the meter.at Sensus'option,after the meter has been tested by Sensus.The Customer will be charged Sensus'then current testing fee.Sensus SmartPoints modules and MXU's returned must be affixed with a completed return evaluation label. For all returns. Sensus reserves the right to request meter reading records by serial number to validate warranty claims. For products that have become discontinued or obsolete(`ObsoleteProdu�cr),Sensus may, at its discretion, replace such Obsolete Product with a different product model ("hLqwLProducr).provided that the New Product has substantially similar features as the Obsolete Product, The Now Product shall be warranted as set forth In this Sensus Limited Warranty. THIS SECTION XIV SETS FORTH CUSTOMER'S SOLE REMEDY FOR THE FAILURE OF THE PRODUCTS, SERVICES OR LICENSED SOFTWARE TO CONFORM TO THEIR RESPECTIVE WARRANTIES. XV.Warranty Exceptions and No Implied Warranties... This Sensua Limited Warranty does not include costs for removal or installation of products,or costs for replacement labor or materials,which are the responsibility of the Customer. The warranties in this Sensus Limited Warranty do not apply to goods that have been: Installed improperly or in non-recommended installations; Installed to a socket that is not functional,or Is not In safe operating condition,or Is damaged,or is In need of repair; tampered with;modified or repaired with parts or assemblies not certified In writing by Sensus,Including without limitation,communication parts and assemblies; improperly modified or repaired (including as a result of modifications required by Sensus);converted;altered;damaged;read by equipment not approved by Sensus;for water meters,used with substances other than water,used with non-potable water,or used with water that contains dirt,debris, deposits, or other impurities; subjected to misuse.Improper storage,Improper care,improper maintenance,or improper periodic testing (collectively, 'Exceptions.'). If Sensus Identifies any Exceptions during examination,troubleshooting or parkwming any type of support on behalf of Customer, then Customer shall pay for and/or reimburse Sensus far all expenses incurred by Sensus in examining, troubleshooting, performing support activilles, repairing or replacing any Equipment that satisfies any OF the Exceptions defined above. The above warranties do not apply in the event of Force Majeure,as defined In the Terms of Sale. THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS SENSUS LIMITED WARRANTY OR WITH THE TERMS OF SALE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,NON4NFRINGEMENT AND TITLE. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. XVI.I-ImIlaillon of Liability... SENSUS'AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION (COLLECTIVELY 'CAUSES OF A&CTIONJ SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS 80 WHETHER THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY,IN CONTRACT,UNDER STATUTE OR OTHERWISE. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS' LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR: (1) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;NOR(11)ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S),IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (111) ANY INIOUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES;NOR(V)DAMAGES ARISING FROM MAINCASE OR BOTTOM PLATE BREAKAGE CAUSED BY FREEZING TERMPERATURES, WATER HAMMER CONDITIONS,OR EXCESSIVE WATER PRESSURE. 'INIOUT COSTS'MEANS ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USERS PREMISES AND ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN INSTALLING,UNINSTALLING AND 8601 Six Forks Road,Suite 700 Raleigh,NC 27616 1-NO-63W748 sc-nsus Page 510 of 1712 Samml� mmm INEEM sensus ExhlbK F Propagation Ans"is (Seeattached) {00204479.1 306-5001821} f Page 21 of 21 Page 511 of 1712 ..........__..... . . N(D a O a ID O nno IL a=a �m w= m CILgo y ED � s m r w c o C :0, -oil no 1�Y 3 m CL - o IT m Vii o ID wtb o�0 5 am m LL�'o - 7 rola 2.c m e u' No CL m 3 C 3 s ® m o Milld a : Q TI d O 7 m° I a m b P F a ICU rr (, m - m In o w O d '* O ad A ; Nro ' m Cl rorD c m 'a Page 512 of 1712 ®3 =r rL�m G i '„ m spa 0 a 5 � � a , my, a m c a m O �y m 7 aa 3 C xi m � m .ilY'V Ya4, It"" �g" Wt' ,..r.U �,r»n ^.we k . 4 7 ID m t� I ®� U1 v Q3 O � , m m �m r F, I �, 8 � CL 0 CL a ,,p t «lam be' ; , cr. Q MEi :.` i a t + �� 1 7 t Vfi r � iii �( i o hi 2 t s7 tf ji1�� jik�r�!( h}4 (� �� I� � �♦i ii iif Mkt r p I S t f�t�i��t 9t�� {1�i rt pi 1 ,i� i 4 � t t J� ry b nii, 7 p A _ � m jkk 3 CD Mill X CD Ul 3 C11 m m w I r n a r Page 513 of 1712 rL ME.®:3 Im Ub C d� CmEr �r :r2 a Y n � ?-7 p, »a o , CL O ZF s�ry rG to ro u { in CL 0 o v EL u a � r t m 3 3 m m Q �C m 7 7 CL w m 7 3 3 d Mill r� w r M q ti m IS c CL Lq I Page 514 of 1712 7.D. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-111 -Approve an Agreement with Caler, Donten, Levine, Porter &Veil, P.A. of West Palm Beach, FL for Financial Auditing Services for the City of Boynton Beach for the fiscal years ending September 30, 2017, September 30, 2018, and September 30, 2019, with audit fees for each fiscal year of$106,725, $106,725 and $106,725, respectively, in the three-year total amount of$320,175, RFP#072-1410-17/IT. EXPLANATION OF REQUEST: On September 22, 2017, the City opened and tabulated eight (8) proposals to our RFP#072-1410-17/ITfor Financial Auditing Services. An Audit Committee was approved by the City Commission on October 18, 2011 comprised of the Director of Financial Services, Deputy Director of Financial Services and Budget Manager for the purpose of reviewing proposals and recommending a CPA firm to conduct the annual audit of the City's financial statements. The Audit Committee evaluated the proposals, including compensation as one of the factors, in accordance with F.S. 218.391 compensation was not the sole or predominant factor used in evaluating the proposals. The Committee independently ranked the proposals based on evaluation criteria outlined in the RFP. In a publicly noticed evaluation meeting held on October 18, 2017, the Committee revealed and discussed their scoring. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. The Committee ranked the proposals as follows: Rank 1: Caler, Donten, Levine, Porter& Veil, P.A. Rank 2: Marcum LLP Rank 3: Grau &Associates Rank 4: Templeton & Company, LLP Rank 5: S. Davis&Associates, CPA Rank 6: Keefe McCullough Rank 7: Rehmann Robson Rank 8: HCT Certified Public Accountants, LLC The committee's recommendation is to award the contract to Caler, Donten, Levine, Porter & Veil, P.A. as the highest-ranked qualified firm. Previous fiscal years' audit fees were: FYE 09/30/16- $106,700; FYE 09/30/15- $104,600; FYE 09/30/14- $102,500 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this RFP is to secure the services of an independent certified public accounting firm to provide a)dernal independent auditing services to the City for an initial term of three (3) years, for the fiscal Page 515 of 1712 years ending September 30 2017 through 2020, with two (2) optional two (2) year renewal terms, in the total potential contract term of seven (7) years. The auditor will express an opinion on the fair presentation of the City's financial statements as a result of the annual audit. In addition, they will perform a single audit, if required, on federal and state grants received by the City. The Auditor General of the State of Florida requires an annual audit to be performed each year. FISCAL IMPACT: Budgeted The City's FY18 Adopted budget includes sufficient funding for the initial year of this contract. Subsequent years'fees will be included in the appropriate budget cycles. The total costs for the initial three (3) year agreement is $320,175.00. ALTERNATIVES: In accordance with F.S. 218.391 (4) (b) since compensation was one of the factors used by the Committee in evaluation of proposals, the governing body shall select the highest-ranked qualified firm or must document in its public record the reason for not selecting the highest-ranked qualified firm. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Caler, Donten for Financial Auditing Services D Agreement Agreement Financial Auditing Services D Attachment Notice of I ntent to Award D Attachment Summary of EC Ranking D Attachment RFP SUBMITTAL- CAL R, DONT N, LEVINE, ET AL. Page 516 of 1712 1 2 RESOLUTION NO. R17- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING AN AGREEMENT 6 WITH CALER, DONTER, LEVINE, PORTER & 7 VEIL, P.A. OF WEST PALM BEACH, FLORIDA FOR 8 FINANCIAL AUDITING SERVICES FOR THE 9 FISCAL YEARS ENDING SEPTEMBER 30, 2017, 10 2018, AND 2019; AUTHORIZING THE CITY 11 MANAGER TO SIGN A THREE (3) YEAR 12 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, on September 22, 2017, Procurement Services opened and tabulated 16 eight(8)proposals to the RFP #072-1410-17/IT for"Financial Auditing Services"; and 17 WHEREAS, after review and evaluation by the audit committee which was 18 appointed by the City Commission on October 18, 2011, it has been determined 19 appropriate by staff to recommend award of this RFP to Caler, Donten, Levine, Porter & 20 Veil, P.A., of West Palm Beach, Florida as the highest ranked qualified firm; and 21 WHEREAS, upon recommendation of staff, the City Commission of the City of 22 Boynton Beach does hereby approve the award of RFP #072-1410-17/IT to Caler, Donten, 23 Levine, Porter& Veil, P.A., of West Palm Beach, Florida. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the award of an Agreement for Financial Auditing Services to Caler, CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\39602B7C-EDD8-4F4C-BEDC-111060E0417A\Boynton Beach.7472.1.Agree me nt_with_Caler_Donten_Levine_Porter_and_Veil_for_Financial_Audity_Services_=Reso.doc Page 517 of 1712 31 Donten, Levine, Porter& Veil, P.A., for services for the fiscal years ending September 30, 32 2017, 2018, and 2019. 33 Section 3. That the City Manager is hereby authorized and directed to sign an 34 Agreement between the City of Boynton Beach and Caler, Donten, Levine, Porter& Veil, 35 P.A., a copy of which is attached hereto. 36 Section 4. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of , 2017. 38 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Joe Casello 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 (Corporate Seal) 63 64 65 66 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\39602B7C-EDD8-4F4C-BEDC-111060E0417A\Boynton Beach.7472.1.Agree me nt_with_Caler_Donten_Levine_Porter_and_Veil_for_Financial_Audity_Services_=Reso.doc Page 518 of 1712 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CALER, DONTEN, LEVINE, COHEN, PORTER &VEIL RFP NO. 072-1410-17/IT— FINANCIAL AUDITING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A., hereinafter referred to as "FINANCIAL AUDITING SERVICES PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional services in connection with the RFP FOR FINANCIAL AUDITING SERVICES; RFP No.: 072-1410-17/IT. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of three years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, two-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5. PAYMENT: The Firm shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: Fiscal Year Ending September 30, 2017 Audit- $106,725.00 Fiscal Year Ending September 30, 2018 Audit- $106,725.00 Fiscal Year Ending September 30, 2019 Audit- $106,725.00 a. The total contract price, as referred to herein, shall be the total amount of payment to Firm for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Firm shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Firm shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Firm may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Firm in the amount approved. d. Final payment of any balance due the Firm of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals Page Iof15 Page 519 of 1712 necessary to complete the work. f. The Firm's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. Successful Offeror shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. Page 2of15 Page 520 of 1712 Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the "Workers' Compensation Law" of the State of Domicile, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. Page 3of15 Page 521 of 1712 b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Caler, Donten, Levine, Cohen, Porter& Veil, P.A. ATTN: Scott L. Porter 505 South Flagler Drive, Suite 900 West Palm Beach, FL 33401 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor Page 4of15 Page 522 of 1712 shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 5of15 Page 523 of 1712 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Professional Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 6of15 Page 524 of 1712 EXHIBIT A "SCOPE OF SERVICES" A. WORK OBJECTIVE 1. PURPOSE The City of Boynton Beach (the "City"), a political subdivision of the State of Florida, located in Palm Beach County, is soliciting the services of qualified firms of certified public accountants (the "Auditor") to audit its financial statements for the fiscal years ending September 30, 2017 through 2020, with two (2) optional, two (2) year renewal periods. These audits are to be performed in accordance with generally accepted auditing standards, and, the standards for financial audits contained in the Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal single Audit Act Amendment of 996 and U.S. Office of Management and Budget (OMB) Super Circular; Audits of States, Local Governments and Non-Profit Organizations, Audits of State and Local Governments (Revised) — AICPA, Section 215.97 Florida Statutes, Florida Single Audit Act; and Chapter 10.550 Local Governmental Entity Audits, Rules of the Auditor General, State of Florida and any other applicable Federal, State and local laws and regulations. 2. SCOPE OF WORK TO BE PERFORMED The City of Boynton Beach requires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with accounting principles generally accepted in the United States. The Auditor is required to audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, which collectively comprise the City's basic financial statements. The Auditor is not required to audit the introductory section of the Comprehensive Annual Financial Report (CAFR), its Management's Discussion and Analysis, its required supplementary information and the statistical section of the CAFR. However, the auditor is to provide an "in-relation-to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The City expects to file the CAFRs annually with the Government Finance Officers Association of the United States and Canada for review in the Certificate of Achievement for Excellence in Financial Reporting Program. It is anticipated that the Auditor will provide special assistance to the City to meet the requirements of that program by providing technical advice to ensure awarding of certification. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. 3. TERM This Agreement shall be for a period of three years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, two-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Page 7of15 Page 525 of 1712 4. AUDITING STANDARDS TO BE FOLLOWED To meet the requirements of this Request for Proposal, the audit shall be performed in accordance with: a. Section 218.39, Florida Statutes, and any other applicable Florida Statutes. b. Rules of the Auditor General for the State of Florida, Chapter 10.550 and other rules as applicable. c. Audits of State and Local Government Units, issued by the American Institute of Certified Public Accountants. d. Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, issued by the U.S. Office of Management and Budget (OMB). e. Federal Single Audit Act of 1984. f. Federal Single Audit Act Amendments of 1996. g. Florida Single Audit Act (Section 215.97, Florida Statutes). h. Statements on Auditing Standards (GAAS). i. Government Auditing Standards, issued by the Comptroller General of the United States. j. Any other applicable Federal, state, local regulations or professional guidance not specifically listed above as well as any additional requirements that may be adopted by these organizations in the future. Any updates of, or amendments to, these described auditing standards or applicable laws are to be incorporated in future audits performed by the selected auditor performing auditing engagements for the City in future fiscal years. Proposed fees must incorporate all required audit procedures, relative to all regulations in effect, and issued, as of the date of the closing of this Request for Proposals, to include all GASBs issued to date. 5. REPORTS TO BE ISSUED Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: a. A report on the fair presentation of the basic financial statements in conformity with accounting principles generally accepted in the United States. b. A report on internal control over financial reporting based on the audit of the basic financial statements. C. A report on compliance with applicable laws and regulations, as required by Government Auditing Standards. d. A management letter required by Section 11.45(3) (a) 4, Florida Statutes. e. Reports required by the Single Audit Act of 1984, as amended, and the Florida Single Audit Act to include: • An "in-relation-to" report on the Schedule of Expenditures of Federal Awards and State Financial Assistance. Page 8of15 Page 526 of 1712 • A single audit report on the internal control structure used in administering Federal awards programs and state financial assistance projects. • A single audit report on compliance with laws and regulations related to major Federal awards programs and state financial assistance projects. This report should include an opinion on compliance with specific requirements applicable to major Federal awards programs and state financial assistance projects. f. Other required disclosures required by relevant Rules of the Auditor General. g. COMPREHENSIVE ANNUAL FINANCIAL STATEMENT (CAFR), the City desires the auditor to publish the CAFR using the City's format and provide (15) bound copies for distribution and a .pdf file that can be used for electronic submission. In the required report(s) on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions and other matters discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the reports on internal controls. The report on compliance shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. Irregularities and Illegal Acts — auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the Director of Financial Services and the City Manager. Use of the audited financial statements, opinions or any of the above named reports will not result in additional compensation unless their use requires additional certification or services on the part of the firm. 6. SPECIAL CONSIDERATIONS The City of Boynton Beach will send its comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada for meritorious review in their Certificate of Achievement for Excellence in Financial Reporting program. During the contract period, the City may prepare one or more official statements in connection with the sale of debt securities that will contain the basic financial statements and the auditor's report thereon. The auditor shall be required, if requested by the Page 9 of 15 Page 527 of 1712 financial advisor and /or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters". 7. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS All working papers and reports must be retained, at the auditor's expense, for a period of three (3) years after completion of any work provided herein, unless the firm is notified in writing by the City of Boynton Beach of the need to extend the retention period. City management and their representatives shall be entitled at any time during the contract period to inspect and reproduce such documents as deemed necessary. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. As requests for copies of working papers are fulfilled, the auditors will be required to notify the Director of Financial Services of the request, as appropriate. 8. ADDITIONAL SERVICES If, during the contractual period, additional auditing or accounting services are needed, the proposer may be engaged to perform these services. The proposer shall, upon receipt of a written request from the City, perform such additional services. Such services, if offered by the proposer, may include, but not be limited to: • Management advisory services • Arbitrage calculations • Extended audit services or special audits • Assistance in the preparation of any Official Statements required by Bond Counsel All additional work will be documented by engagement memoranda to be approved by the City in accordance with the procurement policies of the City. The proposer will be compensated in accordance with fees established as a result of this RFP. The total amount for additional services shall be separately negotiated at the time of the engagement for a not-to-exceed amount calculated in accordance with the rates of the awarded contract. In addition, the audit firm will be responsible for ensuring that any additional services provided would not impair the firm's independence as prescribed in Amendment 3 to Government Auditing Standards. B. DESCRIPTION OF THE CITY 1. BACKGROUND INFORMATION The City of Boynton Beach serves an area of approximately 16.5 square miles with a population of approximately 73,000. The City provides services to its citizens in many areas such as law enforcement, emergency medical services, fire control, water and sewer, library services, refuse collection, municipal golf course, and various park sites and recreational services. The City was incorporated in 1920 and has operated under a Commission-Manager form of government (the City employs some 750 full time and 50 Page 10 of 15 Page 528 of 1712 part-time employees; had total assets of almost $397 million, and revenues of over $180 million for the fiscal year ended September 30, 2016. 2. FUND STRUCTURE The City of Boynton Beach uses the following fund types and account groups in its financial reporting: Number of Number With Individual Legally Adopted Fund Type/Account Group Funds Annual Budgets General Fund 1 1 Special Revenue Funds 15 7 Debt Service Funds 1 1 Capital Projects Funds 3 3 Enterprise Funds 4 4 Internal Service Funds 3 3 Pension Trust Funds 3 0 The City of Boynton Beach's budget for Fiscal Year 2016 is $78 million (General Fund only) for operations. Tax millage rates are 7.9 mills for the General Fund. The City has a Finance staff of three who will be committed to the audit and the timely completion of the Comprehensive Annual Financial Report (CAFR). More detailed information on the government and its finances can be found in budget documents, official statements, annual financial reports, and administrative policies and procedures manuals. 3. BUDGETARY BASIS OF ACCOUNTING The budget of the General Fund is prepared on the modified accrual basis except that encumbrances are budgeted as the equivalent of expenditures as opposed to a reservation of fund balance. As a result, the General Fund revenue, expenditures and operating transfers reported in the budget and actual statement differ from the amounts reported on the GAAP basis. None of the other budgeted funds have any differences between the GAAP basis and the budgetary basis. Page Itof15 Page 529 of 1712 4. FEDERAL AND STATE FINANCIAL ASSISTANCE During the initial fiscal year to be audited, the City of Boynton Beach will receive financial assistance including, but not limited to, the following federal agencies: Federal Assistance CFDA Number U.S. Department of Housing and Urban Development Community Development Block Grant Entitlement 14.218 U.S. Department of Justice Bulletproof Vest Program 16.607 Justice Assistance Grant Program 16.738 FL Dept. of Agriculture Urban and Community Forestry Grant 10.664 Office of Attorney General Victims of Crime Act 16.02 FL Dept. of Health Bureau of Emergency Medical Oversight EMSTAR compliance 20.616 State Assistance Florida Department of State, Division of Library and Information Services State Aid to Libraries 45.030 Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) Program 52.901 State of Florida Dept. of State Boynton Bch Cultural Resources Smart Phone Application 15.904 Department of Homeland Security Staffing for Adequate Fire and Emer. Response 97.083 FI. Dept. of Health- PBC Division of Emer. Mgmt. COT Replacement Local Assistance Comcast Internet Essentials Dollar General Summer Reading Target K-9 Event Palm Beach County, Department of Environmental Resources USA Swimming Page 12of15 Page 530 of 1712 5. EMPLOYEE RETIREMENT PLANS The City of Boynton Beach contributes to three single-employer pension plans covering all full-time City employees. City Ordinance establishes the benefit provisions and all other requirements. The pension funds have an independent contracted administrator, and the investments of the fund are administered, managed and operated by its respective Board of Trustees. Currently, all pension funds are audited separately and reports are provided to the City. The defined benefit plans are: General Police Firefighters' Employees' Officers' Pension Fund Pension Fund Pension Fund Participant data as of October 1, 2015 most recent actuarial valuation: • Retirees and beneficiaries 376 120 80 receiving benefits • Terminated vested 47 7 1 employees • Vested current 265 83 69 employees • Non-vested current 111 56 51 employees 6. COMPONENT UNITS For financial reporting purposes, the City of Boynton Beach is in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, a component unit is included in the City of Boynton Beach's financial statements. The management of the City of Boynton Beach has identified the Community Redevelopment Agency (CRA) for inclusion in the City's financial statements as a blended component unit. The CRA has a September 30 year-end and maintains a set of books and records independent of the set of books and records maintained by the City of Boynton Beach. The CRA is responsible for the issuance of audited financial statements and is blended into the City Of Boynton Beach's financial statements. The audit of the CRA's financial statements is not within the scope of services covered by this RFP. Page 13of15 Page 531 of 1712 7. MAGNITUDE OF FINANCE OPERATIONS The Financial Services Department consists of the following positions: POSITIONS NUMBER OF EMPLOYEES Director of Financial Services 1 Accounting Manager 1 Budget Manager 1 Purchasing Manager 1 Accountant 2 Payroll Administrator 1 Senior Buyer 1 Accounts Payable Specialist 1 Payroll Technician 1 Accounting Technicians 4 Warehouse Manager 1 Assistant Warehouse Manager 1 Service Writer 1 Senior Storekeeper 1 TOTAL POSITIONS: 18 8. COMPUTER SYSTEM The City is currently utilizing SunGard HTE financial software in an AS400 environment. 9. AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS Interested proposers who wish to review prior years' Comprehensive Annual Financial Reports (CAFR) and management letters should contact Mara Frederiksen Accounting Manager, 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435. The CAFR is also available online via the City website at www.boynton-beach.org under the "Finance" link or the "Public Records" link. Page 14of15 Page 532 of 1712 10. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION The Financial Services staff will be available during the audit to assist the firm by providing information, documentation and explanations. In addition, staff will provide the following: 1. Preparation of the confirmations and lead schedules. 2. Assistance in providing paid invoices, cancelled checks and other supporting documentation as requested by the firm. 3. Year-end closing of the books of account and preparation of necessary adjusting journal entries. 4. Preparation of schedules and related materials as requested by the firm. 5. Preparation of all financial statements including related notes and required supplemental financial information. 6. Preparation of the annual local government financial report submitted to the Florida Department of Banking and Finance. Page 15of15 Page 533 of 1712 211e CYI)r of Boynton Beach PROCUREMEATSERVICES 10 ch Boulevazd a Box 910 Bq)wton Beach,)7xida 33425-0310 961-742-6310 10 Fax: ( l) 742-6316 OTICE OF INTENT TO NEGOTIATE4W��ARD SOLICITATION NO. RFP . 072-1410-17/IT SOLICITATION TITLE: FINANCIAL AUDITING SERVICES DATE OF NOTICE: October At e Selection Committee meeting of October 18,2017,the Selection the ve referenced solicitation scored and ranked the firms as s: RANKING: 1. CALER,DONTEN,LEVINE, COHEN,PORTER& VEIL, P.A. 2. MARCUM LLP 3. GRAU & ASSOCIATES . TEMPLETON & COMPANY,LLP . S. DAVIS & ASSOCIATES, CPA 6. KEEFE MCCULLOUGH 7. 8. HCT CERTIFIED LIC ACCOUNTANTS LLC This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and award a contract to the first-ranked CALEIL DONTEN.,LEVINE, COHENP I P.A. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained e RFP documents and approval by the City Commission. In accordance with Section - r i C s,the Cone of Silence remains ' rt this ' it , rejection or other actions taken to otherwise 'cit process. d Ab - ' s ,CPPO,jCPPB, FCCN Purchasing e Amadm I Ga y fo the auhMwni Page 534 of 1712 N z r Y Cl) 00 MO N f- N z a r � 4- 0 LO C7 o LO 0000 0000 OOOO 0000 OOOO 0000 OOOO 0000 Q rnmmI 0000 000000"t LoLoLoLQ Mhmmq co coco °R Lo. LoLo 'R LoLoLo'R X r m M W MV 00 V Mn O 00 N 00(0 co M 6 6 LO M O N N (6 0 06 O 0 Q O (� d)N'. 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Introduction ..............................................................................................................1 2. Scope ofServices and Independence ................................................................................. 3. License 'c Florida Firm . Qualifications ................................................................................... 5. Pintm, Supervisory, .......................................15 Prior6. is with the CityfBoynton Beach....................................................... 1 . Similar Engagements with Other GovernmentEntities................................................... 32 8. Specific Audit Audita. Segmentation of Procedures....................................................................... Assigned 38 b. Staff to Audit Segments........................................................................ 39 c. Sample SizesStatistical .................................................................3 d. Computerized Audit Software .............................................................................. Analytical 40 e. a ........................................................................................... Documentation 41 41 o ...................................................................... g. Legal Compliance Documentation 42 ....................................................................... h. Compliance Selection 9. Identification `ci ................................................... 44 10. Price Proposal................................................................................................................... 45 11. Submittal Forms............................................................................................................... 48 a. Proposer Acknowledgment.................................................................................. 49 b. Addenda ............................................................................... 50 c. Statement of Qualifications.................................................................................. 53 d. References............................................................................................................ 55 e. Anti-Kickback Affidavit....................................................................................... 56 f Non Collusion 1 ......................................................... Confirmation 57 g. of Minority ......................................................... 58 h. Confirmation - o ................................................................ 59 i. Acknowledgment of Palm Beach County Inspector General............................... 60 j. Schedule o - ................................................................................61 k. Caler, oVeil,P.A. W-9o ............................ 62 Page 540 of 1712 Page 541 of 1712 Page 542 of 1712 Page 543 of 1712 11111 CALIADONTENJ"m, MEN= zv� PORTM&VEHPA - -- ------------ CMrn=PUSLK ACCOUNTANTS W=2AMXCA1MMCPA MS=HFLAMMM%SU=W0 hummmm IDMKCOHMCPA W=PALM HEAC�PLSM-Wo AMEWANDmnurEoF 30MCCOURTNEY,CPJ61D CERTEMPUBEXACCOUNTANTS DAVM&DONTEK CPA Tamnimm CAI)nwm YMM R HUTCHSOK CPA FAX C%1)WZM FLOMDA DWITUTE OF JOELKLEMEKFA cEtnF=FUBEX ACCOUNTANTS JAMR9EMULUKMCPA hdogdkp— MXMAELj.NAUMMXPA TEEMASAJENCI�MCPA SCOW L PORTEL CPA MARKD VEL CPA Audit Selection Committee City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida We are pleased to present our proposal to serve as the independent auditors for the City of Boynton Beach. We are very proud of our Finn, our clients, and our professionals and we hope this proposal conveys how sirongly we desire to continue to serve as the auditors for the City of Boynton Beach. Having worked with the City fors years, we understand the City's history, the City's financial structure and funds, the details of the City's operations, policies and future challenges and opportunities. Equally as important, we have a clear understanding of your needs and the qualities the City is seeking in their auditors. Caler, Donten & Levine is the right fimi to meet your expectations by continuing to perform a thorough, quality audit in the timely and efficient manner that you expect. We remain committed to being a local, professional resource for the City and are available throughout the year to meet with you, answer questions and advise the Council, City Manager and Finance Staff on matters that will ensure the financial stability and thorough,transparent financial reporting of the City to the public. Based on your Request for Proposal, our engagement will be a financial and compliance audit of the City of Boynton Beach, Florida, in accordance with U.S. generally accepted governmental accounting standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Auditor General for the State of Florida. In addition, we will perform a Federal or Florida Single Audit, if required, and issue all required reports. As demonstrated by our prior engagements, we have the team to complete all work and issue the final reports widiin the time schedules required by the City in the Request for Proposal. About Our Firm Caler, Donten, Levine, Cohen, Porter & Veil, P.A. was originally formed in 1987 with five partners and one secretary. Today, after 30 years in business, we are the leading full service, local CPA firm in Palm Beach County with over 95 professional and administrative employees at our office in downtown West Palm Beach at 505 S. Flagler Drive, Suite 900. Why has our growth been so dramatic? We provide onatanding cfient service at a reasonable plice. ............ Page Page 544 of 1712 CDL Our firm was created by local partners with a vision. Each of our e associated one ig Four" international accountingu recognized opportunityneed in new type of firm. Our Philosophy was to combine the knowledge and experience of seasonediinternational firIn background with e responsiveness and flexibilitypossible to e are proud o a l 1 clients client of our firm, you will deal directly with local Partners that haveknowledge, experience authority and to answer your s 'ons and make critical ui es decisions without delay. partnersour are the owners and the decision-makersor our Firm. you need an answer, the partner you know and work with during the audit ` e the decisionyou with an accurate,timely e. This means that the City'sdecisions will not be delayedv out-of-town office. While the offerings of large,regional ` y seem appealing, c an be independence issues wiosellingadd-on services and the large overhead s for the home office operations in er county or state that you never see. Our focus always has n on local Palm Beachclients and our local ` ke firais based in anotheror State that have a satellite office commitment and our resources e devoted to Palm BeachThis means the City can count on Caler, Donten& Levine to ll our promises, we always have, and not worry abouts i o a bigger client elsewhere in the State. Why Continue with Cater, Donten, Levine, Cohen, Porter & Veil, PA.? As you consider h ity should continue its professionalrelationship , Levine,we suggest that you ask the following questions: • Is the Chy receiving • Are our audftors knowledgeablethe CI&'s operations • t • Are our auditors professional, tecknicalty prof1clent, and interested • Does the Cky have an open line of communication for technical questions from the engagemenipartner andfieldwork manager? ® Are r auditors always available and responsive ® Are our auditors flexiblein adjusting to the work schedule of the City and unexpected circumstances? • Are our auditorsthat affect ® Is the Cityis If you believe, as we do, that the answer to all of these questions is an unequivocal , then what its can the Cityx ve t of your time and resources to educate and train new `tors about your operations? Is it simply ood practice to change auditorsfor look" every fewor adopt "auditor ` policy? . Page Page 545 of 1712 i man= CDL The Question it "Fresh o !f Some le advocate the rotation of auditors to maintain auditori c mention the benefit of a "Tresh 1 organization. e look" in seeking new engagements. However, the mostl c objective study was performed y the U.S. General AccountingOffice ( ), which issued an independent report on auditor rotation to the U.S. Congressin No2003.vember , titled Public cc it - Required Study on the Potentialt of Mandatoryit Firm Rotation, concluded the following: believe y not be the most efficient consideringi tor of record and the loss of auditor knowledge that is not carried forward to the new auditor." researchThe GAO identified other concerns with changing auditors, but the major issue i . publicmtcreases the risk of an asidU faflum in the initial years of the audit as the new auditor acquires the knowledge of an organization's , and financial reporting practices." Today, even after the Sarbanes-Oxley Act (SOX) made major changes in the public accounting profession, a companies s ilI averages well over , with some exceeding 50 years. These large public companies, the U.S. government, the American Institute of Certified Public Accountants and other professionals have I concluded change is not recommended and may even have adverseeffects audit We have providede service to the City and developedinstitutional knowledgeof the City'shistory, operations e hope you will consider the value of this continuity and experience to a quality auditor the Cityo f other independent, nationally recognized organizations in making your decision. In summary, the time sayinghonored "If it ain't broke, don'tfixi ", applies heretoo. As you reviewa for independent auditors, many firms ' 1 present qualified personnel and experience. In fact, some firms may appeare equal choices. o e suggest consider following: Proven Experience and Continuity—How muchofthe worko i 's audit will actually be lac l parin e r and e ngage m en t team withof expe r ienc e w ith the Cityo similar, local municipalities? ......_. Pa 3 Page 546 of 1712 t m CDL The key membersour audit es Scott Porter, .l' CPA each with r 3experience, will continue our commitment of high level professional time to the City's auFurther, we will commit to return our complete engagement team from e City's prior audit, audit seniorMontgomery, .t Michele c 1 , ; audit senior, Nick Raiola; and advancedstaff accountant . In addition, we will continue our commitment to the City maintain any unilateral changes in the audit team without your approval. This guaranteeo f the continuity of our auditdemonstrates our commitment to ensuring the City knowledgeable, o essi , and experienced ` t cannot be matchedy won'tother fim and we your 1 on the job training of new or inexperiencedaccountants. e v i , quality professionals and quality reporting ' l continue with our proven,experienced team. In addition, i iaudit firms have an experienced, specialistlocal computer audit , like Caler, Donten & Levine, and if not, can they reallya ity audit of the Cityu complete ra review of your financialcomputer systems, controls? Local Office,Local Experience and Local Professionals _How manyfirms have a local, home office with as mucht ri c ler, Donten&Levine? Our Firm has one ice in Westclients are all located here, ' aoffice has been in the same location for 30 years. All decisions out your audit are made here, by the local partners you know. e work only on Pahn Beacha ov a clients, so all our focusprioritiesi County, n Palm Beach not in e or another county. Our partners and staff are all lc al professionals; rely on professional , computer audit specialists, independent reviewor government experts from officesother cities or counties to complete the City's ' . This means your audit ' 1 not be delayedapprovals from unnamed professionals oui v cormection to o interest in the City. i ' local s stay in Palm Beach In addition, the key members of our audit tearn, Scotto il, Scott Montgomery ` l Schneider, 1 have yearsexperience with Single Audits for whichFEMA grants, `ll be ofc ' ' c to the Cityfollowing c Hurricaneon the Cityinvolved FEMA grants as far back as Hurricane David idin 1979 and has involvement with aud'ts of FEMA grants for every major hurricane that impacted Palm.Beach County since that date. Our experience will help the Cityc s . Commitment to the City and Year-round Communication - How many firms are truly committed to assisting youcontributing to the continued succs of theCity? We have always encouraged the City to considercall us throughout the year to discuss new ideas, newstandards, questions and concerns. We take great pride ' our clients, answering questions, advisingyou c al1 Page 547 of 1712 governments are doing in our community and providing a timely response to your needs. partnersOur are the ownersi io - s for our Firm. This means you will got a timely, accurate answer that you can relyn without waiting for people , county or state. You know the City'st partner, Scott porter, and youwill see on-sitehim vole in all aspectsof the City'saudit. Most importantly, Scotti accessiblealways iv of the City. commitment is to always be available to help you and to ensure that there are no lat minute surprises. Our history proves i . Value-How much value will the City receivefrom r 's i o s l? As with most things, the lowest pricey not always be the best value, and this is particularlyo professional `c s where there can be wide variations experience of auditors, the engagement hours1 , computer audit, independent review, and samples for testing. These differences often appear in the form of lower fees and lower hours, but result in lower audit quality. Some would say that 1 audit opinions are equal so the lowest fee is best but ultimatelye real questionis the risk to personal and professionalreputations of an audit failure. Firm'sCaler, Donten & Levine has an outstanding record of audit quality. In our year history, we hadv , never an ® r an audit and have never had a Federal or Mate agency request a review of an ® y outside CPA finns v ® t opinionsletters comment. No other firm we know of, national, regional or local, can matchour history of audits evidenced by our record, quality is our first priority and we have never auditshortcut s or made aggressive judgments to reduce the scope of our audit work to lower the hours on an engagement. When you consider e value demonstrated by our record of quality auditing, consider our knowledge and experiencelocal governmentsconsider the proven record of our team with the City.As with most things,you get what you pay for. Is anything less worth the risk? Levines to be the mostCity's independent auditors. As the leading local , we value our relationship with the City look forward to meeting the high standards that the Citys and expects. We will continue to prove ' i ' vbecause depends on what you tell others about our peoplei f service. o talk with us further on any matter presented in our proposal, call Scott Porter or Mark Veil at( 1) 832832-9292. behalfOn ofVeil,P.A. �Vl ' wol� — Scott L. Porter, CPAPartner e Page 548 of 1712 Page 549 of 1712 Page 550 of 1712 Page 551 of 1712 i o , H1,CDL 2. Scope of Services and Independence Scope of Services We understand the work to be performed as outlined in the ScopePerformed section of the City's request for Proposal as follows: will i compliance of the City Boynton Beach as of September 30, and express an opinion ci statements f the governmental activities, business-type 'v ' s, each major fund and the aggregate remaining information f the City, which collectively comprise the basic financial statements of the City. ) Our audit will also express "in-relation-to" combining individual fund financiaIis and supporting schedules, including Schedule f Expenditures of Federal Awards and State FinancialAssistance, as applicable, based on the auditing procedures appliedi City's basic financial statements. } Our audit will includeProfessional AT Section 601,regarding the City'sc e requirements of Section 218.415, Florida Statutes. audit4) Our will be performed in accordance with U.S. generally accepted accountingiples, including the requirements of the Governmental Accounting ),the standards applicableiaudits contained in Government Auditing Standardsissued by the Comptroller of the United States, and Chapter 10.550, Florida . } Our audit will include certain limited procedureso supplementary standards.information as required by GASB 6) When applicable, the scope of the financial audit will encompass the additional "activities necessary to establishcompliance i it Act Amendments of1 . . OMB Uniform Guidance (2CFR Part 200) and the Floridai it Act. We will prepare the City'sfinancial provide the word processing1 Comprehensive c' Report ). will s ce and advice to the City requirements of the Government c s Association Certificate Achievement cell c } We will provide adviceconsultation to the City'sManagement and other matters as requested. _....®. Page 552 of 1712 CDL Independence Levine, r &Veil,P.A. is independent of the Cityo , Florida, s t to U.S. generally accepted auditing standards and GovernmentAuditing Standards, issued Comptroller General of the United States. The Firm has provided annual auditing ices to the City fore past six years.Neithero its officers r employees has had any conflicts of interestinvolvingi of BoyntonFlorida, r any of its officials or employeesor the City'si i relatedto any ernployeeCity. Our Firm's of quality control isspecifically designed to identify any such professional 'o conflicts and should any arise agree o provide the Cityy such professionale term of our engagement with the City. N Li y — n I I If, J A . � v gal „ , Page 7 t 11 Page 553 of 1712 Page 554 of 1712 Page 555 of 1712 License to Practice in Florida • , Levine, O il,P.A. is licensed to practicepublic States f Florida and New York. The Firmcontinuous certified ' servicesc accounting since o !ty have provided continuous services wi Firm since 1989. l f sional staff participadng in the engagement for the Cityproperly licensedr license is included detaileds . Copies of the Firm's professional license o to `da and Palm Beach County businesslicense e included 1 . STATE OF FLORIDA DEPARTMENTIDOARD OF OF BUSINESS AND PROPES81ONAL REGULATION ACCOUNTANCY �t .. j " u 66 N..AGC0IJ,v Sd CORPORATION ®... Named b0hWIS LICENSED Under ft Provisions C 31, i LEVINE COHEN.PORTER&VEIL PA, 506 8 FLAGLER OR ,! u A' SUITE 0 9 MEBTPALMSEACH Ft 311,4 y". WEST PALM BEACH,FL 33401- 5948 s 6=MW4 b STATE F FLORIMA PALM BEACH COUNTY - 201712018 LOCAL SUGINESS TAX RECEIPT N PORTER AND VOL PA LBTR Number.201004M AND VEL PA EXPIRES: ®201 WEST PALM OWN.FL 1 8 INS MUST be canwkwu* .rti nmnw w b bo oW b Page 556 of 1712 Page 557 of 1712 Page 558 of 1712 Page 559 of 1712 MJE [IICDL A 4. Firm Livalificadons and Experience Firm c r® History , Levine, Cohen, Porter & Veil, P.A. was originally formed in 1987 as a small, local five celebrated our 30th anniversary of providing quality, 'c local governments, non-profit' `o , local businessesleading full service, local employees.firrn in Palm Beach County with more than 95 office is located at 505 S. Flagler Drive, sFlorida1. Our firm s created by partners with a vision. Each of our partners was associated the "Big counting fim:is but recognized that there was an opportunity to fulfill a need in our community with a now type of . Our philosophyis to combine knowledge and experience of seasoned professionals responsivenessthe i i ' possible local CPA firm. As a client , you will local partners that have the knowledge,experience and authority to answer questionsyour critical" ii . officeOur f the traditionalco , including c , tax planning and compliance, c s , ofamily office, litigation valuation services. Our depth of local resources allows accounting, auditing and tax assistanceto Cityt beyond the annual audit. This includes 'C v standards and their implementation, answering questionstax related l employee1 is or litigation support consultation or services, should a need ever arise. We purposely _ committed our resources in these traditional ' services in order to be able to provide the highest quality service our cli - never ventured into areas that might create � conflicts of interest, such as investment advisory 'c , computer hardware and software installation services, insurance , y services, independence focus i services i paramountof ' . Our partners are 1 , experienced professionalswill work with you to complete audita high quality 1 ,history and experienceaudits large,local is similar in size and complexity to the Cityo our partners dedicationand their our 'ce philosophy and mission. leading local our area, our goal is to provide you with the very best quality 'c , innovation and personalt your specific s combine the professionalismexperience Page 560 of 1712 S. i through over thirty years supervising vernmental audits in eoffice Ernst & Young with the pride, commitment, and responsivenessyour e expect from local business . Our Professional The number of staff employed by Caler,Donten&Levine is summarizedfollows. Partner 13 3 Senior / Manager 1 Supervisor/Senior Staff/Administrative Totals As a result of theco involvement of our Firm with governmentalour professional experienced ` government 1 audit employees and we do not employ sbasis. In addition to the professional ,we also employtwelve ` 's 'v 1. Our Firmis an equal opportunity - or 1 . The following professionaljob descriptions for the Finn provide an indication of the years of professionalof our staff. Our audit team for the City will include seniortwo partners, a t. Pariener - Our partners are the owners of our Firm. They are the decisiono 1 aspects of our professionalpractice. All of our audit partners minimum of thirty years of professional experience. They are responsible aspects of each engagement and haveinvolvement engagement. Senior ManagerlManager—Senior professionalof ten years of o si 1 or performing audit procedures under the direct supervisionfield 1 experiencedand i . Superv' ' r — Supervisors and Seniorscandidates minimum of five years of professional experience. They are responsiblefor performing audit 'si of a partner or a manager in the field. Supervisors and Seniors ve the experience1 to deal effectivelyclient l matters.on routine Page 1 10 Page 561 of 1712 i lt D L Staff- We hire a limited number of highly qualifiedclosely with our very auditexperienced . Due to the importance we place on the qualityof our audit engagements,our staff are generally experienced before they arrive on-site at the City. FederaMtate Reviews and Disc4pfinary Acdons history,In our its partners and our ional staff have never been the subject f disciplinary y any regulatory bodies or professional organizationse never received any findings resultingr State desk reviews or fields of our audits. Lifigadon Status In its history, the Firm's professional 't staff have never been the subject fessi litigation or disciplinaryFloridaf Professional Regulationr any regulatoryother y. Further, the Firm has never received any findings resulting from or State desk reviews or field reviews of our audits. Our professionalc is unmatchedy any providesother firm and 1 reference for the qualityi c ive will continue to receive from Caler,Donten&Levine. Quality Peer Review Levineis a memberf the American 'c Accountants Private ' highestcated to maintaining the standards As a part of this program, each member firm must establish an internal qualitycontrol program submitand independent peer review everyyears. Our qualitycontrol program and our governmentalis have been extensively audited' connectione AICPA's peer review program. Since our inception, Caler, Donten has received an unqualified opinion on the quality of our audit practice and government program.audit engagements, which is the highest level of achievement and recognition in the peer review In addition, we received no letter of comments for any of our peer reviews in the 30 year reviewershistory of our Firm. This exceptional achievement means that there were no areas where the peer recommended improvementse quality, completeness, o r in which auditsour a world of accountingis equivalent i ` o lettermanagement is and no Certificateof Achievementcomments coveringour prior years of practice. r review report, but also the&peer reviewer comments and recommendadons wkk you. In selecting our peer review searched for the same professionalism, quality, and experience clients. Our peer review has beeny Dixon Hughes ), the largestSouthern over 1,700 staft a member of the AICPA Governmentali lye .. Page 562 of 1712 01CDL CPA fi=. The Benefit Plan Audit Quality Center, and a recognizedleader in the peer review of Dixons Goodman peer reviewour firm includede of governmental audit . Peer • e only j c `ve, independent examinationof a professionalauditor's work. Whilea peer reviewo look the same for each firm,the quality of that report is only as good as the peer review firm itself. That is why the AICPA Governmentalit Quality Center and e Employee Beneffi Plan ` i require that a firm's peer review performedi requirement for ensures integrity and qualityi to consider t r proposers ineet the same highstandard ofteer review quality as Caler, Donten & Levine r 30 year record of no commentsfrom a highty eWrienced and qualified A copy of our 2015 peer reviewreport on the followinge. ra i r I E IS, ME I'MMI --------— ---- _... ,..,..,.�........,uw.. .. ....,.��.. Page 563 of 1712 , 4 i =01 u: II BrendanSuite 200 Greenville,SC 29615 D, HG: . . 519 wiew.0911p.cum System Review a r To the Shareholders .ler,Dan errs Levine,Colien,1 rter&Veil PA. and the Peer ReviewCommittee of the Florida Institute of CPAS We have reviewed the system lityntr I the Ecco ting auditing practice Caler,Donten,1 e rre,Cohen,Porter&Veil,P.A. t r.)in efEset for the:year ended ,30, .2015" Our peer review was conducted in accordencewith the Standards for PerfbrmiRs slid Reporting on Peer Reviewsestablished e Peer Review Board of to American Institute Certified, blit Accountants.A a pwt of Our peer review,we considered reviews regulatory entities, if applicable, in detarnining the mature and extalt of our procedures. 'M. f1ml i responsible for desiping a system, lit r . � �de be firm t x e ussumnce of pa&MAing and reparting in conformity w livable profemional staodarde in all to Wl reVects. Our responsibility is to express an opinion on the design Of the systemlit control the finn's compliance therewith, on Ole revs The mature, objectives, scope.,limitations of,said the procedures perfosmedirr e System Review are described in t.e stwr q at,,j N, Q-1121 As required by ire studards,engagerrumts selected for review included err eats perPanned under ernmear Arditing Stanclards and atuilts employee t pLam In our opinion, the systern of quality control for the accounting and auditing practice of Caler, Dontern Levine,Coheir, Pow&Veil,P.A. it effirct for the year ended June 30, 2015 has been suitably aicomplied,with to provide the fm with rmwnalne assumnee of perforniW8 and reporting in cutriformity with applicable professioneJ standards in all materialis" riTrns can reenve e Rating with i r j r ffiii. Caler, Donten, Levine, Cohen, Porter&Veil,PA.has itreeived a irm review rating ofp4au. 3)1UW Ke"**Aw%"P Decminber It ,,:i e 13 Page 564 of 1712 J11'1CDL Professional ssci do s The Firm is registered with the FloridaProfessional i s a member in good standing of the followingprofessional ® American Institute of Certified PublicAccountants • AICPA GovernmentalIt Quality ) • AICPA Employeei ) • AICPA Not-for-ProfitSection • AICPA Private Practice • Florida Institute of Certified Public Accountants • Government Finance Officers Association • Florida o e Officers Association ) • Association of Government Accountants ) AICPA Governmental t Quality Center ) Levine committed to adhere to the highesti s American as a member of the ` t of Certified Public Accountants' Governmental Audit Quality Center( ,, ") for CPA firms. The GAQC is a voluntaryr for CPA firms that perform governmental audits, including al1 audits and attestationo i ` Singleng Standards and 'ts performed underUniform or federal, stak, or local governments and not-for-profit o certain for-profit organizations that receiveors tate financial sist v it Quality Center membership provides its members with access to comprehensive resources on ' quality 1 ,= a audits. r provides information an a variety of technical, legislative andregul «. a story subjects that we can in tutu apply to your audit to . help ensure compliance with the appropriate standards and changes in 'a As a member of the Governmental Audit Quality Center,we are -' committed to performing the highest quality governmentalaudits v 1 'ly t adhere to the possible. a s i strate our commitment y , including designatingr, Scott to be responsibleo ity of our governmental audit practice, establishingenhanced, qualityca ` inspection procedures, and making our peer review tfindings' publicly available. Our GAQC membershipallows us to continue Our quality 've our governmental audit practice and demonstrates our continued commitment to deliver the mostefficient i v clients. 114 Page 565 of 1712 Page 566 of 1712 Page 567 of 1712 CDL 5. Partner ervisory, and Staff Qualifications .p Sup and Experience Engagement Team and Eirperience The City of Boynton Beach is managed by knowledgeable professionals with many years of experience and you have a right to expect the same skills from your auditors. Our audit team meets this,ex,16 -on-m-one very simple way. Our best and most experienced auditors will continue to p6rkbriia the City's audit. We are committed to maintaining our current engagement team for the City, not just the "key members!', and we will not make any unilateral changes in the team for the fall term of our contract with the City. Our engagement team for the City's audit and their estimated involvement as a percentage of total engagement hours are as follows: Scott Porter, CPA Engagement Partner 14% Mark Veil, CPA Independent Review Partner 1% Scott Montgomery, CPA Audit Senior Manager 20% Michele Schneider, CPA Audit Manager 26% is Raiola Audit Senior 20% Gary Mann Audit Advanced Staff 18% Alan Crowetz Information Technology Engineer 1% Our team of experienced professionals performing the audit is the only way to ensure thoroughness and quality, with an efficient audit process that does not waste your time. Our commitment to the highest level of professional staffing on your audit means a very high level of partner and manager time on the City's audit. It also means that our engagement will include a complete and thorough review of the City's financial computer systems, security and internal control by an experienced computer audit specialist. In our ® the most experienced and knowledgeable CPAs are the professionals examining your source documents, transactions and investments. We know what to look for and how to avoid potential problems. Compare the 60+ years of experience of our engagement partners, over 25 years of experience of our senior manager and over 15 years of experience of our manager to other accounting firms using staff with far less experience. In today's of of audit firms, turnover is a major issue for firms and clients alike. The partner, senior manager and manager of our team, Scott Porter, Scott Montgomery and Michele Schneider ® provide continuity and stability of the audit for the City for the entire term of our_qnggg, gment. This means that the valuable time of the City's professionals is not wasted on training and re-training new auditors each year. Our audit partners for the City, Scott Porter and Mark Veil, also have hands-on audit experience in specialized areas of importance to the City, such as- P 15 Page 568 of 1712 J111CDL All aspects of Enterprise utilityoperations, including r systems, stormwater systems, golfrings, solid waste systems, electric ' ' systems, building . zi operation of if-Insurance internal service flinds administering Plans covering general liability, workers compensation, property damage, and employee life and health coverages. Vehiclej operation of 'ce and Warehouse internal service , including e reallocation soli 'o of internal service fund operating income loss to the Statement of Activities. Municipal financing, including general obligation bonds and issues secured ` special s, issues, bank financings, and interest to swap agreements. Water, wastewater, and governmentali ov t projects and long- term v 1 ,including o Y bonded debt. Pension l s covering police, fire and general employees, including pension fundstrust administered by municipalitiesFloridat , whichis important to understanding 'r for the City's CAFR and how to incorporate disclosuresipension plans that are audited y other auditors. zi Other Post Employment t (OPEB) plans, whichwill c consideration when ti is No. 74 and 75 in the coming years and must reportliabilities in the gogovernment- financial statements. Federal to Single Auditsof grant awards from nearly Federal u Access to a large tax department within our Firmis qualifiedto answer all questions.of your tax Resumesfor Our Engagenwnt Team As you will see from the resumeson the following , each membero experienceur team has range of large and small municipalities and specialdistricts, importantly though, is the experienceour seasoned team with auditslocal ' i s like the City ci operations of the City'sUtility pension plansRedevelopment ' specialized experience availabilityof an experienced ` on-site i i , means that we will ldecisions i critical audi issues you audits s so there are no last-ndnates auditEach member of our for the Citycprofessional education (CPE) requirements established `c CPA's, the Florida of Accountancy ver t Auditing Standards, issued by the Comptrollerf United the o individual i l Page Il Page 569 of 1712 =J=111CDL members of our auditwill continue to meet the government CPE requirements for the 'duration of their involvement on the auch . ownersAs partners and of our Firm, the Citylocal r and Mark Veil, have the authority to make decisionsfor the City'saudit o approval from another office, perhaps in another county or state. This completed correctly and timely and you Will deal directly with the local partner that makes decisionsthe commitment of experienced partner time will continue quality, consistency and timelinessof the servicesi civprior years. �k s, r "tir t r k 1, 117 Page 570 of 1712 Page 571 of 1712 CDL SCOTT PORTER, CPA, CGFM, CGMA L. Audit Education lr of ScienceAccounting, Stetson University, ,Florida. Scott is a licensed lri is career with Ernst & Young West Palm Beach. After 11 years at Ernst & Young, left to be a founding partner of Caler,Donten,Levine,Cohen, Veil,P.A. Scott's gv a io education (CPE) exceeds the requirements of Floridaover e t Auditing&andardsissued by the Comptroller Gener1 of the United States. Governewnt Scott's i ce with audits of local governments includesthe following: Andft EWerience Municipalities ' 1 Districts and Other Entities Li City of Boynton Beach - Ei Delray Beach Community City of Delray Beach Redevelopment Agency(CRA) u City of Lake Worth zi Children's Services Council of ® City of Palm Beach Gardens Palm Beach County 13 City f West Palm Beach u Florida1 vi on District El Town of Guffstrearn El Health Care District of Palm C3 Town of Juno Beach Beach County Ei Town ofJupiter(including the Ei Ha c Authority f Jupiter ) Palm BeachCounty Q Town of Jupiter Island Ei Palm Beach County Ei Town of Lake,Park(including o Lake Park CRA) u Palm Beach County Water El Town of Palm Beach Utilities Department Village of North Palm BeachSolid Authority Village of Pahn Springs Beach El Village of Royal Palm BeachCoast Regional Utilities Village of Wellingtonest Palm Beachto Single Scott has directed numerous Federal and State Single Audits for our government Andit clients involving following Federal toagencies: et o Environmental ction, Department of Health and Human Services, Department of Housing and UrbanDevelopment, Department of Homeland Security, t of Interior, Department of Justice, Department of Labor, Department f Transportation, Federal Aviation Administration, Federal Emergency Management Agency, and ARRA programsfor various Federal ecce . Page1I Page 572 of 1712 CDL Pmfessional AmericanInstitute i u lic Accountants Associations to !Management Accountant( ) Floridaand institute ` iPublic Accountants Activities Committee an State and LocalGovernment(Past) Government Finance OfficersAssociation ) Special view Committee for the Certificate of Achievement(past) Florida v t Finance OfficersAssociation ) Technical Resources Committee ) Association of Government Accountants Certified ove t Financial Manager Palm Beach County Internal Audit i (past) Palm each County League of Cities t) Patin Beach County Hedth Care District Board member 1992 to 2000 Governmental u it Quality Partner for the Firm Employee Benefit Plan Auditi r for the Firm Continuing Professional Credit a AICPA.Edacadon (CPE) si to r 2015 Audit Planning AICPA 41( ) Seminar 8 Ethicsf Florida GFOA2015 nual Conference 13 15 Annual Government Sector Seminar FGFOA Auditor General Update 2 GFOA Governmentale C -house CPE 2015 GASB New Pension 2 Internal Control Over FinancialReporting 2016 Annualv eSeminar 8 CDL In-house CPE,2016 Florida1 l Conference 1 PPC Guide to Audits of Localove t- in le Audit GASB Hot Topics 2 Ethics ver I CPAs In Fiorida 17 Annual Government Sector Seminar 8 CDL In-house CPE 2017 Florida GFOA 2017 Annual Conference mm 15 ... Total CPE—prior three years 128 Scott's continuing io education(CPE) and governmentalexceeds 1 requirements of the AICPA, FICPA, FloridaoAccountancy Government u iting Standards issued by the Comptroller General of the United States. Scott has attended EthicsI CPAs in Florida. Page Page 573 of 1712 p -J"ICDL M= ............ STATE OF FLORIDA DEPARTMENT OF BUBINESS AND PROFESSIONAL REGULATION ..__.a._A.�.�., BOARD OF ACCOUNTANCY u1 .. The CER71FIED PUBLIC ACC&U-TART IS Under the pmWacis ofm 473 FS, E ndew DEC31e2 1D 3 a T05 8 APORTER SCOTT LEMW T A �m R OW VMST PALM H FL33401-5992 x, Page 120 Page 574 of 1712 Page 575 of 1712 Education:J= IICDL MARK D. VEIL, CPA, CGFM, CGMA Independent Review Partner elor of Sciencecc r of Accounting, University o Florida, s ill ,Florida. Mark is a licensed Floridawho began hiscareer with Ernst & Young West Palm Beach. After 9 years , Mark left to be a founding partner of Caler,Donten,Levine,Cohen,Porter&Veil,P.A. Mark'sove 1 continuing profesio education ) exceeds the requirements o to ' Government Auditing Stand2rds issued by e Comptroller General of the United States. Mark'sGovernment ce with auditslocal governmentsincludes a ll Audit Experience ..... a,:vu h Municipalities peDistricts and Other Entities ❑ City of Boynton Beach [ ❑ Delray Beach Community ❑ City of DelrayvelaAgency City of Lake Worth ra Children'sices Council o ❑ City of North Lauderdale Palm BeachCounty City of Weste ❑ Florida InlandNavigation District ❑ Town of Gulfstream ❑ Health Care District of Palm Town of Juno Beach Beach zi Town of Jupiter(including cAuthority of Jupiter Beach Town of Jupiter Island e oDepartment El Town of Lake Park(including tha of Airports Lake Park CRA) El Palm Beach County r El Town of Palm BeachUtilities ❑ Village of NorthSolid Authority of Palm ❑ Village of Palm Springs Beach County El Village of Royal ❑ Treasure Coast RegionalUtilities El Village of Wellington U West Palm Beach Downtown Development Arfi Single Mark has directed numerous Federal and State Single i or our government clients involving ollowing Federal and State agencies- Department o Experience Environmental Proecion, Department of Health and Human Services, Department of HousingDevelopment Department of Interior, Department of JusDepartment of Labor, Department of Transportation, Federal i 'o inis Security, Management Page 576 of 1712 r, CDL rmfessional American instituteof certifiedlie Accountants Assocladons Charteredl cco ( ) Floridaand to of Certified PublicAccountants Adivifies past President of the East Coast Chapter Florida Government Finance OfficersAssociation( ) Association of Government Accountants Certified ove t Financial Manager Max Planck i Committee Northern Palm Beaches r of Commerce Member of Board of Directors,Past President Palm Beach County League of Citiest) Junior Achievement of the Palm Beaches and Treasure Coast,Treasurer Port of Palm Beach Audit Committee professional iForum Leukemia oci si n -Palm Beach Chapter City of Palm BeachOversight Committee CondAming Professional 0 Education ) Accounting i Planningove it Engagement 2015 Government Sector Seminar 8 GovernmentalEthics for CPAs in Florida 2015 4 Florida 1Conference 1 1 In-House CPE 8 2016 GovernmentSector Seminar 8 Florida16 Annual Conference 17 201 In-House CPE 8 Using a Work of Specialists Single u i Fundamentals 17 CDL In-House 2017 ave Sector Seminar 8 Risk Assessment Procedures and Planning for Local Governments Ethics for Governmental CPAs in Florida 2017 4 Florida GFOA 2017 Annual Conference Total CPE—prior three years . Mark's continuing profeio education )and governmentalexceeds all requirements of the AICPA, FICPA, Floridaf Accountancy and Governmento itin ars issued by the Comptrollerof the United States.Mark has attendedIn . ...M _ Page 1 22 Page 577 of 1712 .: . CDL \ \ / FLORIDAETATE OF BUSINESSDEPARTMENT OF , L REGULATION \ y 2 Y . . .: \.. . � _ \ \ hill The CERTIFIED\ PUBLIC- Named below bd 18 LICENSED « Under the proviobnebrqFS, Expiration d . DEC 31,2 , ^ ,d7� ARK D , T PALM BCH ~ . � — � � � ■ . /`\./� / » | 23 \ Page 578 0 1712 Page 579 of 1712 CDL Scott T. Montgomery, CPA Audit Senior Manager Education for of BusinessAdministration ) with highestono Mary's University of San Antonio, Texas and Master of Taxation , Baylor University, . Scott is a CPA licensed Florida 1998. Scott has met the continuing ofsio 'o (CPE) requirements of the Florida Boardof Accountancy, 'c of Certifiedlie Accountants Government i 'ng Standwds. Gavernnsent Scott's experience i local v cl the llo Audit Experience Municipalities1 • City of Boynton Beach u Delray Beach Community • City of Delray Beach Redevelopment Agency(CRA) Town of Jupiter u Children's Services Council of ❑ City of Miami Palm Beach County • City of Palm BeachGlades Village of Palm Springs 13 Martin County Village of Royal Palm BeachCounty C3 Village of Wellington Utilities Department Solid se Authority Beach County West Palm Beach Downtown Development u oris) Single Scott has directed numerous le Audits for our government Audit clients involving ollowing Federal and State agencies: Department o Experience vi Protection, Department of Health and Human Services, Department of Housing r Development, Department of Homeland Security, Department of Justice, Department of Labor, Department of Transportation, e r vi tion Administration, Emergency variousManagement Agency,and ARRA programs for r cies. ......................�_ ......_, ... ,... ...... Page 24 Page 580 of 1712 CDL Pfflfesslonal Americanto of CertifiedPublic Accountants Associadons Floridas ' e of CertifiedPublic Accountants(FICPA) and FICPA Committee n Accounting Principles and Auditing Activities s,Past Committeer Government e Officers Association( ), Special Review o i e for Certificate of Achievement Program Florida Government Finance OfficersAssociation( ) Housing i it of Palm Beach County,Treasurer Capri West Condominium Association,President Poinciana est Condominium Association, Palmland Villas o e Association,Treasurer Continuing sst Credit Education(CPE) m our._.1 FGFOA Annual Conference15 1 Ethics I CPAs in Florida 2015 4 Applying -133 to Governmental Organizations Financial Entries for New Pension Standards I Audit Workflow Guide to Preparing fbr GASB 67&68 1 Implementation of GASB 67 &68 1 GASB's NewPension Standards 2 15 CDL In-house CPE Training South lori Government Conference 2015 FGFOA Annual Conference 1 2 South Florida ov e t Conference 2016 Risk 1 2 I6 CDL In-house CPE Training Crowe Horwath GASB 67&68 Changes 17 CDL In-houseTraining South lri Government Conference 2017 Ethics 7 FGFOA Annual onf ce 2017 - I Total CPE—prior three years 128 Scott's continuing ssio tion(CPE) and governmentalexceeds 1 requirements of the AICPA, FICPA, Floridao f Accountancy Government Auditing Standardsissued llr General of the United Scott i eFlorida. . Page 1 25 Page 581 of 1712 i FLORIDA-aAmll CDL STATE OF DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ACCOUNTANCY .. kill" ,` The CERTIFIED_ PUBLIC ACCOUNTANT N LICENSES e, UndertitepmvislonsatChi r43 31, 1 8426 LANSDOWNE CIRME Ims a. t �...... e.,. Page 582 of 1712 Page 583 of 1712 mill � ' CDL Michele Schneider, CPA Audit Manager Edswadon Bachelor of ScienceAccounting r of Accounting, University o Florida, ` evill ,Florida. Michele is a CPA licensed Florida. is ele has met the continuing professionaleducation (CPE) requirements of the Florida Board of Accountancy and American Institute f Certified Public Accountants. Michele ie Financial is or a not-for-profit organization located in South lori for a six year period. Governownt Micheleore ior with CPA firms over a fourteenperiod Andif performing governmental its. Since Michele joined our2007,firm r experience with auditsf governmentsincludes the fallowing: MunicipalitiesSpecial Entities ❑ City of Boynton Beach ❑ Delray Beach Community C3 Town of Palm Beach Redevelopment Agency Village of Pahn Springs u Housing Finance ori o ❑ Village of Wellington Palm Beach County ❑ Palm Beach County Water Utilities El Solid u o ' t CountyBeach El West Palm Development ori Children's Services Council of Palm Beach County Health i Single Michele has supervised numerous Federal and State Single Audits for our Audit government clients involving o o Federal and State agencies: Experknce Department of Environmental ction, Department of Health and Human Services, Department of Housingr to t, Department o Homeland ecurity, Department of Justice, Department of Transportation, and Federal Emergency Management Agency. Page f 27 Page 584 of 1712 Sj111CDL Professional American Institute of Certified Public ccountants Associations Chartered Global Management Accountant( ) and Florida Institute of Certified Public Accountants Actipitles Florida Government Finance Officers Association Leadership West Palm Beach–Class of 2016 Continuing CPE Credit Professional --Houra— Education(CPE) Renewed Focus on Audit 2 2015 Florida CPE Seminar 8 South Florida Government Conference 2015 8 CDL ouse CPE 2015 8 FGFOA Conference 2015 13 Ethics for Governmental CPAs in Florida 2015 4 Fair Value Measurements for Nonprofits 2 Advanced OMB Circular A-133 Issues 6 2015 FICPA University of Florida Accounting Conference 16 South Florida Government Conference 2016 8 CDL In-House CPE 2016 10 FGFOA Conference 2016 14 2016 GASB Update 4 Excel for Auditors 1 South Florida Government Conference 2017 8 FGFOA Conference 2017 14 Ethics for Governmental CPA9 in Florida 2017 4 CDL In-House CPE 2017 9 Risk Assessment:Not-for-Profit Governance and Assurance I Budget Considerations forNon-Profits 2 Aligning Mission and Strategy:NFP Governance Total CPE–prior three years _===L43. Michele's continuing professional education (CPE) and governmental CPE exceeds all requirements of the AICPA, FICPA, Florida Board of Accountancy and Government Auditing Standards issued by the Comptroller General of the United States.Michele has attended Ethics for Governmental CPAs in Florida. STAIM OF man" EMNUg AM MOMMOML REGULAMON BOARD OFACCOMMUCY ........... .......... ...... ........... ....... Page 28 Page 585 of 1712 i I Alan Crowetz, MBA, MCSE, MCSA, MCP Information Technology IT Engineer Professional 1an is the President and CEO of InfbStream, Inc., a computers - consulting e in West Palm Beach, Florida. InfbStream servesvariety of government agencies, not-for-profit organizations, sss, and individuals both in South lori internationally. InfoStream has been company on Microsoft's Pinpoint.com and has a perfect 5 Star ranking on the world's largest independent computer engineer listing ice. InfoStream is also listed as a Top100 Globall Business according to MSPMentor. Alan has been associated i ,Donten & Levine since the Firm's founding and has performed IT i i e Firm fore past 15 years. Education Masters in Business ini tion, Palm Beachtic University, est Palm Beach, to Alan is a MicrosoftCertified yEngineer } and has passed the National sc' do of SecuritiesDealers a 'e 7 test. He also holds numerous advanced engineering and security certifications as well as beingexpert internet. Alan'sGoverninent i se with IT audits for local governmentsincludes a following: FuVerlence un of c Other Entities City of Boynton Beach u Children'sServices Council o El City of Delray Beach Palm Beach County • Town of Jupitera is of Palm a Town of Palm Beach Beach County El Village of Palm Springs C3 Delray Beach Community ❑ Village of Royal Pahn Beach Redevelopment Agency(CRA) El Village of WellingtoneCounty ' Utilities Department El Solid t ori of Pahn _,.,.,,r...... Beach Couniv Professional Alan is an active member of the Board of Advisors for Palm Beach Atlantic Associationsniv i 's Rinker School of Business. He is also a member oft e Palm Beach regularand IT Group and r fbr professional and civic groups. Activitks Qualified by Palm Beao uit Court as an expertwitness on IT issues. _ ..__. 1 29 Page 586 of 1712 1 will CDL continuing Regularly attends multi-day, on premise conferences hosted by leading Professional 1oud, Security, Infiustructure, Disasterv , Education others. Frequently s and training sessionadvanced topics. Routinely takes requked trairung and testing to attain advanced certifications ` ` , cloud services, security, business continuity, n , wifi, I T auditing and PCI Compliance. Frequent speaker at local civic club and not-for-profit organizati . Publishes technical articles and solutions i • Activecontributor ` journals,blogs and books. presenterMain o Management and 24/7 . Maintains 'v is corresponding educational materials and certcertifications/tests. Maintains 'vCisco and all correspondingeducational materialscertifications/tests. activeMaintains level with Dell and all corresponding is and certifications/tcsts. Maintains 'v 'c l corresponding educational mat ` C 'a sts. Maintains •Ve partnership wrffi Meraki and all corresponding educational materials and certifications/tests. Page 30 Page 587 of 1712 Page 588 of 1712 Page 589 of 1712 0,111 CDL 6. Prior Engagements with the City of Boynton Beach For the t six years, Caler Donten& Levine performed a financialcompliance i f the City , Florida, pursuant to our selection followingCity's request for proposalc2011. The scope of work for each year consisted f auditing the City's siv i 't of the City's grantand State programs (® ), and preparation of the compliance AuditorChapter 10.550, Rules of the r was the engagement partner and Mark Veil was the independent review partner for each annual audit. All audit services singleprovided by our est Palm Beach, Florida. The principali n or each engagement was Aft. Tim Howard, assistanti . advisory,Caler Donten & Levine did not perform any management s r services during the term of our prior contract. 01 I 1'a3j»>ri r <„ le, 1 1�p .,........ ......... .._..._, Pali - 31 Page 590 of 1712 Page 591 of 1712 Page 592 of 1712 Page 593 of 1712 i CDL 7. Similar Engagements with Other Government Entities Current Government Audit Clients We are very proud to be the 'tors for the following governments in size 'v v is provide a wide range of experience, but equally as important, is the date of our first engagement for these clients, indicated is. Our long association with oui e since our o 1987, is an indication of the quality, professionalism and s 'c vi s owners, we are committed to long- term ' clients our local community. • City f Boynton Beach( ) • City y Beach( ) • Town of Juno Beach(1 987) • Town of Jupiter(1 994) • Village ) • Village ( ) Children's• Services Councilof Palm Beach ( 1 ) • Palm Beach County Airport/Water Utilities( ) Housing• Palm Beach County u ( 1) • Delray Beach l (1990) • West l e additionIn to our current clients, audits ofollowing local governments v course of their professionalcareers. • Town of Gulf Stream • Town f Jupiter Island • Town of Lake Park • Town of Palm Beach • Village Village• l ' ngton • City of Lake Worth • City of North Lauderdale • City of Palm Beach Gardens • City f Pembroke Pines 13 City f West Palm Beach • Florida Inland Navigation District • Health Care District eCounty • Solid Waste Authority of Palm Beach County .....m....... Page 32 Page 594 of 1712 CDL Single iExperience Due o the large number of audits we performannually for local governments, our Finn and our engagement team for the Citye years of experience ` e accordanceAudits in r le Audit Act Amendments of I Uniform Guidance ( ) and the FloridaSingle it Act. In fact, our experience dates to einitialyears the Federal and State Single . Our experience includes l ' of grant awards from nearly every State awarding agency, including o ` F , Agriculture• Department of • Department of Labor • Department of Defense • Department of Transportation • Department of Education • Department o f Treasury • Department of Energy a EnvironmentalProtection • Department of HousingUrban Development • Federal Emergency Management • DepartmentoServices Agency • Department of Homelandc • Forestry Service • Department of Interior • National Archivesco • Department of Justice Administration • National Endowment for the Humanities ,m'State gencies_ • Department of Children 'lis • Department of Highway Safety and Motor • Department of CommunityVehicles • t of Corrections • Department o f Law Enforcement • Department of Elder • Department of State • Department of Education • Department of Transportation • Department of Environmental `o • Florida HousingCorporation • Department o (SHIP) Of particular importance to the City, team has experience with the Single Audit of the major and state federal awards received by the City U.S. Department f Housing and Urban DevelopmentDevelopment Block Grants ( Floridaousing Finance Corporation StateInitiatives We are experiencede requirements of a Singleprograms the City is likely in the fature, such as Federal EmergencytAgency ( ) grants for Hurricane Irma. Page 1 33 Page 595 of 1712 Jill CDL Cerdficate of Achievensent The Certificate c ' v is the highest recognition of achievement in governmental accountingci of the financialstatement preparation and review process for the City, will review each sectiono compliance requirements of the Certificatee past 30 years, i local municipalities ` ertificate of Achievement for Excellence in Financial ` cludes audits for the followinglocal government clients of our Firm that currently holdCertificate c ' t: ❑ City of Delray Beach • Town of Juno Beach ❑ Town of Jupiter • Town of Palm Beach ❑ Village of Palm Springs • Village of Royal Palm Beach • Village of Wellington Children's• 'cCouncil of Pahn Beach County Li Palm Beach County Water Utilities o Solid Li Health Care District We are very proud that during our audit engagements for , each has received 's impressive is a direct result of the commitment of our partners to local government ` i of Achievement Program. The participation i of Boynton Beach in the Certificateof Achievement Program ® 1 high priority forf our engagement team. Scottis current member of the Special , Scott Porterr of the Special Review Committee for the Certificate s. Experience With Computerked . Our partners have an extensive background and range of experience with computerized systems. connectionIn ' s of local governments - large smallermainframe systems and systems for the following: City of Boynton Beach City 1 y Beach • Town ❑ Town of Jupiter • Town of Palm Beach zi Village s • Village of Royal Palm Beach ❑ Village of Wellington • Children's SaMces Council of Palm Beach County • Solid Waste Authority • Health Care District Pag , 34 Page 596 of 1712 =0ICDL These systems have incorporated 'v range of software used to process trawactions for cash receipts, purchasing and accountspayable, payroll and related benefits, utility bill' systems fixed set accounting and depreciationsystems. t important to the City , we have experience with City.d HTE ftware used the ' experience includes the Cityof Boyntona i y Beach, Townof Jupiter the Village of Royal Firm'sOur computer audit specialist s performed annual, detailed evaluation of the City's computer systems, security, and internal controls as an integral part of our audit for the prior six years. We recognize that in today's t o 'c environment, it is essential that the auditor understand the specific computer software, security protocols, and internal controls over the computer ' '� systems within the government that is being audited. e r l We will perform an annual evaluation of the City's computer systems and our knowledge of these systerns and the SunGard HTE software win be critical si effective and efficient 't for the City. We will audb the critical" nt over your computer system, produced encourageWe specialist ` is City's complex iRformation systems. Experience With UdIsly Billing Systems Levine currently audits five jmunicipal/county water and wastewater utility systems . u City of Boynton Beach UtilitySystem City of Delray Beach Utility ❑ Town of Jupiter Utility J Village of Palm Springs Utility .j Palm Beach County Water Utility System additionIn to our current clients, our partners haveso directed audits of the following utility systems over the course of their professionalcareers: City e Worth Water and Sewer System ❑ City of Lake Worth Electric System :I City of Pembroke Pines Water and Sewer System City est Palm Beach Water and SewerSystem ❑ Village of Royal Palm BeachUtility System Page 1 35 Page 597 of 1712 Ed "' CDL Client References followingThe is represent f the govemmental audits our partners performedhave complexity to the audit of the CityBoynton We sincerely i c cgovernments Beach.ask them about our knowledge, ce and commitment to personal service. Engagement/ Principal Partner........__§qqpe of Work Date Client Contact City of Boynton Beach Financialt Audit 2011topresent Mr.Tim Howard Water d Wastewater Assistant City Scott t IGO E Boynton Beach Boulevard Bond c 33435 Management Letter ( 1)742-6311 ----- City of Delray Beach Financialt Audit 2004 to present Ms.Lam Thezine,CPA (Certificate a 'ng Finance Director Achievement) l 100 NW 1`t Avenue Bond Compliance Scott a ( 1) 3-7115 Town of Jupiter ci t 1994 to present Mr.Michael Villella,CPA (Certificate of Water and SewerUtility cDirector Achievement) a Audit 2 10 Military1 Bond Compliance Jupiter,F 33458 Scott r Management Letter (5 1)746-5134 Village of Palm Springs Financialt Audit 2002 to present Ms.Rebecca (Certificate of Water and Sewer Utilityc r Achievement) Bond Compliance 226 Cypress Lane Management Letter Palm Springs,Fl,33461 Partner: Scott Porter ( 1)965-4013 Village of Financial 't 1993 to present Mr.Stanley Royal Palm Beach Compliance Financ r (Certificate of Management Letter 1050 Boulevard Achievement) 33411 Partner:Mark Vail ( 1)790-5112 Pag , 36 Page 598 of 1712 CDL Sample Comprekensive Annual Financial Reporis Sample copies of the 2016 Comprehensive Annual Financial Reports for the City of Delray Beach, Town of Jupiter, Village of Palm Springs and Village of Royal Palm Beach may be obtained online at the links below. * City of Delray Beach YY C, MIT III%I'Ie'.iJra,,. ......... O'T"rx", .......... —M * Town of Jupiter h'NITO"': * Village of Palm Springs * Village of Royal Palm Beach �er'd;'er/ 2 h ro mi ..........—-- — -------- "4A 7 I...................... OIC ---—---------- P � g e 37 Page 599 of 1712 Page 600 of 1712 I Page 601 of 1712 i_ ICDL 8. Specific Audit Approach Segntentirdon ofA WitProcedures auditOur or the Citywill be segmented into a four-phaseprocess that is tailoredspecifically is of the City. These phases are as follows: Pkase —Information gathering and preliminaryplanning Phase 2—Audit program development Internal l testing and year-endl r Phase 4—Report preparation and review The first pkase of our audit approach involves information gathering and deve preliminary 'll meet with the Director and Deputy Director of Financial Services to obtain theirt into the audit process and address any concerns for the current year. We will c City's computer system, its intemal control s , its operations, and its key people. We will review the priorfinancial s c policies, ; and c financial 'o . We will perform preliminary procedures to identify variancesprior will review the City'sf Ordinatices and debt agreements to identify any new material items to test forcompliance. 'll formalize our work-plan Deputy Director of Financial 'c s and schedule the specific dates and tasks to be completed. secondThe our audit approach involvesdevelopment our formal audit program. Based upon the information gathered in the first phase, we will prepare an audit program that i specifically ity and the transactions that havee year under audit. Many of our audit procedures wills, while some will change as e systems and operations of the Citye and some procedures will change element of unpredictability. Since the auditis prepared by an audit manager with i knowledge of the City ' n , you can be assured that it will 'v ci of the City. During this 'll work with the Deputy Director of FinancialServices schedules and confirmations to be prepared foraudit. We will also review schedules that your staff prepared for the prior audit or on an ongoing basisof these schedules may be combined or eliminated, duplicate . The thirdphase c fieldwork. 1 consists y of the testing of the internal l systems, samples of transactions and grant program transactions. After the initial year's audit, our interim fieldwork will be performed in August, co schedule. The year-endfieldwork 'll consist f year-end tests of balances, complianceprocedures. year'sinitial audit, this processwill commence in early December when your books will be _- -----_ Page 1 38 Page 602 of 1712 i =' IICDL tosed and the year-end schedules completed. We expect our year end fieldworkto be four to five weeks and will provide all final jourrial entries to the Cityend of January. Should the City s in the proposedschedule, we will work your needs. Thefourth phase of our audit approach involves preparationi various audit will' in your audit. a comprising y financialstatements and prepare the compliance reports, 1 s (if required), and management letter based on the information auditgathered during our procedures. partner ' 'l independently review these reports for completeness accuracy.and _ S,} with you and incorporateyour comments before issuing the final reports. This process will be l � completed so that your reports will be issued by the March 31st deadline fors 'ssi to the Certificate ,' .� �N�baf of Achievement Program. StaffAssigned to Audit Segments The information e 'ng and planning phase of the City'si ' l include substantial and manager involvement in the planningdevelopment. tests transactions will be performed by the audit staff and senior and reviewedy the manager and partner. The year-end substantive tests will be performedof the engagement team with substantial partner and manager involvement ' ' r high risk audit areas, such as investments and de . . Sample Sizes and Statistical Sampling AICPA Statements on u 1 ' S and the AICPA Audit and AccountingGuides, State and Local ver a overAuditing Single its, and AuditSampling, establish a requirements and providesuggestions on f sampling in governmentalaudit applyingin 've pronouncements to a governmentalaudit distinct tye i y involve use of audit sampling, Substantivetests of balanceaccount Substantive t ss of details of tamsactions j Tests of controls ❑ Tests of general compliance ici s, and regulations Singlecompliance Page 1 39 Page 603 of 1712 i Substantived"" CDL tests of balance sheet account balances would generallyinvolve confirmation of balancessample a relativeof the individual accounts. other substantivebalancesachieve an acceptablelevel li usuallySubstantive tests of details of transactions and tests of controls are o purposetest" utilizing the same sampleof transactions. For example, we would select sample test the transactiony agreement to the general ledger postings. We would alsocontrols, such as purchase order and approval , related to the same expenditure. We anticipatefollowing tests and samplesizes as part of our auditf the City: Governmental v Utility billing v 'ons * Expenditures 60 transactions Payroll 40 transactions 1 samples ' 1 be selectedo total population ofo . y For example, expenditures may be selectedy from allec issued year. We utilize an audit software program flud randomly selects check numbers from thecheck series used during the year. Tests idiscussed later in Section . ., Compliance Audit Samplel cti . d Conrulerized Audit Software As a firrn we are committed to advancingefficiency our latest computer technology. Automating our audit processour clients by reducing the staff and clerical t, thereby providing mores e substantiveissues of the audit, and saving moneyon fees. Accordingly, we have substantial investment in computero of our size. All audit staff currently use laptop computers and the ProSystemfx paperlessaudit an integral part of all of our audit planning and fieldworkr a use of portable , we are ableutilize 'o t records and audit more efficiently financial statements. Some of the applications will use for the Cityl oll Audit• t provides for seamless document coordination schedules,and encrypted data transfer of your information audit. audit• Paperless software for trial balance and financialapplications allowing efficient electronic summarization into auditl a f adjustments, preparation , and various itools. _ _N._. „ ..: _. Page 604 of 1712 CDL u RIA CheckPoint, iso comprehensive on-line database of research materials with a full suite of publications from the Governmental Accounting Standards Board (GASB), Financial Accounting Standards Board (FASB), Emerging Issues Task Force and American Institute of Certified Public Accountants. zi Wireless internet portals allowing full internet access to our research materials, email or web portals for the transfer of documents. D The latest versions of spreadsheet software allowing compatibility with client worksheets and easy updates of data for multi-year analytical review. zi Standard electronic audit workpapers. for various applications such as analytical review, property and equipment, and related depreciation, debt schedules, loan covenants, and rate covenant reviews. :j Software to determine random sample selections and sample sizes. zi Software for preparation and editing of audit programs, audit workpapers, and functions, such as confirmation control. D Data extraction software for testing critical accounts and balances. The numerous electronic workpapers and spreadsheets we will prepare for the City may be updated easily and quickly, to allow us to meet your future timetable with the minimum amount of disruption to your daily operations. e. Analytical Procedures AICPA Statements on Auditing Standards require the auditor to apply analytical procedures as an overall review of financial information in the final stage of the audit. While the Statement does not specify any particular analytical procedures, our audit approach utilizes procedures that focus on the over relationships within the basic financial statements. We also apply similar firiancial statement analytical procedures during the preliminary planning phase of the audit to identify any unusual or unexpected relationships that may wan-ant further investigation. During the course of the year-end fieldwork we utilize analytical review procedures to support the results of our other audit procedures. For example, in the testing of revenue and expenditures we would apply analytical procedures by comparing current year and prior year actual balances and comparing current year actual amounts to budgeted amounts. Any unusual or unexpected variations would be considered for further testing. f. Documentation of Internal Control AICPA Statements on Auditing Standards define the elements of an entity's internal control and describe how the auditor should consider the internal controls in planning and performing an audit. The auditor is required to obtain an understanding about the design of policies and procedures and whether they have been placed in operation by the entity. ..... ........................ ......... Page 1 41 Page 605 of 1712 =4111CDL Generally, our approach to obtaining an understanding of and documentingcontrols includes o : Observation f activities and operations ca Inspection of documents and records Inquiryt, supervisory and staff personnel For each of the major control systems, cash disbursements, we will perform a "walk through!' of a transaction from its inception 1 a check is prepared for payment. We will develop our documentation of the control system using narratives that incorporate copies osign-offs. This process would be repeated for majorcontrol system of the City. computerizedFor 'l 'e is by evaluating system documentation, security, access, maintenance, and reliabilityof reports. Our local, independent IT specialist will provide the highly technical 'c 'o . g. Legal Compliance Documentation Generally, l compliance criteriacan be foundFloridalaw, rules, grant agreements, l resolutions,policies, it c s. In connection 's governmental 't practice, we maintain a legal compliance significant Floridarequirements of lated to municipalities. This legal compliance program is annuallyupdated or amendments to the Florida Statutes. Specific legal compliance criteriaity of Boynton Beach is the basis for a legal compliancei c compliance is we identify the City 'll also consider 1 olid ht 7r 1t`sfl :,r l procedures, .Q smanual, followedmanagement in e course of day-to-day operations. ,�SrW��t� (�t, As contracts, resolutions, and similar ..r documents are identified by inquiry ofmanagement and our audit procedures, any f ° additional legal compliance requirements would also be added to thecompliance audit program. All compliance audits programs are updated annually during our ` preliminary planning process. Scoft Porter was a member of the FICPA Committee o t that developedI t established compliance criteriafollowed by governmentFlorida. Page 1 42 Page 606 of 1712 M fa a ICDL k. Conrilance Audit swrk Selection samplesThe selected fortestinglegal Compliance1incorporated with the samplesrandom 1ected for testing transactionscontrols. Other more specific requirements, such as contractual requirements, may be tested by selecting judgmental samples. Although legal complianceis generally noti s of account balances and internal controls, we plan1 major compliance requirements by a sample workpaper sis. The specific l 'ons for compliance are discussed in detail below. Tests of general compliance with laws, Policies, and regulations would usly be incorporated with les selected for tests of transactionscontrols as discussed Section .c., Sample Sizes and StatisticalSampling. ` , such as compliance eci c laws, may involve selecting a separate random sample of specific transactionse supporting documentationo compliance with Floridao City s. The samplesizes willof transactions in the total populatione significance of the compliance compliance le sizes arc 25 transactions or less. Single Audit 'll be designedaccordance criteriacified in the AICPA Audit Guides State and Local Governments and Government Auditing Standards i t its. Generally this will " sample i f 60 items to achievelevel of assurance requiredy Single Audit standards for major largeprogram testing of populations overitems. The Single 't compliance samples will be incorporated e random samples selecfor transaction and internal control testing to create dual purpose tests and reduce the overall testic e ' e City,to the minimum necessary1 . �..µ,, , __ ®_ ... _ . Page 607 of 1712 Page 608 of 1712 Page 609 of 1712 CDL • IdentificationPotential Problems Based on our historical knowledge of the i i ' 0 not anticipate any significant potential audit problems. As the City's auditors for the previous six years, we have made consistent s to the financialis and note disclosurescomply with changes in GASB Standards and, equally as important, to comply requirements of the Certificate of Achievement i 'll be able apply or the Certificate without major changesto the CAFR. There are several new GASB Statements o. 74, 75, 77, 78, 7 t will be effective the City's fiscal , 2017. GASB Statementsss Other Post l 1 , will be the most significantf the new standards affecting the City. s on our knowledgei standards, anticipate 1 ` n of the new GASB standards. The City's i v police, fire and general employees, y other auditors and accordingly, require special considerations, including specific 't procedures and communications with the other auditorso incorporate the pensionCity's familiarCAFR. We are c` c AICPA auditing procedures applicable component auditors, as well as the GASB reporting requirements for the pension in the City's CAFR and how to ic iscosures from the City pension audited 'tars. summary,In our history of quality serviceo idisclosures auditand c o comply with GAAP and to prepare for submissionCity's the Certificate of Achievement Pro . ...m.. ...._ Page 610 of 1712 Page 611 of 1712 Page 612 of 1712 Page 613 of 1712 .j1111' CDL 10. Price Proposal We have provided a total all-inclusive maximum price in the attached Price Proposal Form A for the proposed independent audit services outlined in the Scope of Work. The total all- inclusive maximum price includes all direct and indirect costs including all out-of-pocket expenses. We do not expect any out-of-pocket expenses for travel, lodging and subsistence under Section 112.06 1, Florida Statutes, to be reimbursed because all our audit team members are local professionals. In the event that any future non-audit professional services may require refinbursement for travel, lodging and subsistence reimbursement, such expenses will be submitted to the City pursuant to Section 112.06 1,Florida Statutes. Our quoted fee is based on anticipated continued cooperation and schedule preparation from the City's personnel and the assumption that there are no unexpected circumstances or new entities that require additional accounting assistance or significant auditing procedures or changes, such as new accounting or auditing standards, new major funds or a Federal or State Single Audit. If any additional services are necessary or are requested by the City during the term of the contuct, we will provide those services at the discounted hourly rates quoted in Price Proposal Form B. Our discounted hourly rates quoted in Nice Noposal Form B are the same hourly rates in effectfor the prior sLv years as quoted in our original proposal in 201L Our invoices will be rendered monthly as the work progresses. If we incur less time at our standard hourly rates than the above fees,we will bill you only for our actual time. --- —------- Scott L. Porter, Shareholder .................. ............................................................................ ....................................................... ................. .............. . ..... Page 614 of 1712 -JINCDL REQUEST FOR PROPOSAL FOR FINANCIAL RFP .. 07244104711T PRICE PROPOSAL FORM A(TOTAL ALL INCLUSIVE I I r the sewlese described herein. The total price bid t contain all direct and Indirect costs IncludingII . PRICE ! YEAR 2DI 71 PFUCE FOR FISCAL YEAR 2018 7- - - PRICE ! 1 - tGRAND TOTALFINANCIAL AUDTING SERVICES ( U75 s� ,F Cel n Levine.. o 9 s_. Porter&Veil, . A 4 832-9292 SwU L.Porter TENP—HONIE NO. PRINTED NAME .svorwr(&dIcva.22m Shweholder_ E-MAIL Seraternber 212017 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE RFP No. -1410-17/1T Page 615 of 1712 dm1111CDL ............ REQUEST FOR PROPOSAL FOR FINANCIAL AUDITING RFP .. 0724410471IT PRICE PROPOSAL FORM B(SCHEDULE OF PROFESSIONAL FEES AND EXPENSES) 132,8911 gum TOTAL RATE PARTNERS U .... 11 _ 320 225 F � MANAGERS 150 230 170 25.500 ,............... ,,,,, SUPERVISORY195 180 130 25150 jSTAFF OTHER 1 A � 3E10 140 (SPECIFY) 100 30..000 z 7 � 106.725 i Other Expenses:(Specify) None FISCALTOTAL MCE FOR The rate quoftd should not be presented as a I ray f the standard hourly Note:rate r as a gross deduftn fbrm the total pto. e ter11141 rxa �.an�r NAS .,1 C -- '_ AUTHORIZED SIGNATURE ( 5 1 � L. TELEPHONE + PRINTED scxml,,2c a.com Shareholder E-MAILADDRESS TITLE - SUBMITTED DATE THIS PAGE TO BE COAAFLETEANDACCEPTARL P N -141 171lT ................... Pag__.r.. .. ,, 47 Page 616 of 1712 Page 617 of 1712 1 Page 618 of 1712 Page 619 of 1712 CDL Submittal Forms • The City's required Submittal Forms are icl llo : Pa Proposer c 1 ....................................................................................... 49 Addenda .................................................................................. 50 Statement of Qualifications.......................................................................................53 References................................................................................................................. 55 Anti-Kickback ........................................................................................... 56 Non Collusion Affidavit of Prime Qui ............................................................. Confirmation 57 i .............................................................. 58 Coriffimflon f Drug-Free Workplace .................................................................... 59 Acknowledgment c rGeneral................................... 60 Schedule o - ........................................... Statmnent fNo Proposal...................................................................................... Caler s Donten, Levine, Cohen,Porter&Veil,P.A. W-9o ................................. 62Page r 48 Page 620 of 1712 J1111CDL REQUEST FOR PROPOSAL FOR FINANCIAL AUDITING 0724410-17117 PROPOSER ACKNOWLEDGEMENT Submit ' PROCUREMENTSERVICES 100 E,BoyntoncBoulevard 1 Boynton Beach, ri 1 Telephone: ( 1)7 FINANCIALRFP Tftle: I RFP Number: o?2-141047iff 2017,RFP Reoshffid BY. SEPTEMBER 15, LATER RFPs ill be opened in Procurement Seriloss unless specified receiving dme i u r: 0and .1 I and may not be withdrawn withinn r such date and . II awards made as a result of tift RFP shall conform to applicablethe charter and codes of the City. Soott L. , CPA,Shareholdw Name of r l: C i a,�f7 , 1,ev' e. r:: Ir Veil, Federal I.D. Number: Corporation of the State ot Area Code: : Telephone Number: $32-479 _ w Area Code- 5�_ FAX Number. Ili ',Lkiouth FlmderDi uvc.SAL 900 _ city/state/zip: Wont POT pqaAc ,1FIaida,,,33401 E-mall Fi d ° Authorlaed Signature Scott L.Porter Name pad THIS pAGE To BE SUMMED FOR PROK)SAL 10 BE CONSIDERED COMPLBEANDACCIPTAUL RFP No. -1410-17AT Page 621 of 1712 J'11'1CDL j CITY OF BOYNTON FLORIDA TITLE:RFP " I I II SERVICES" RFP .. -1 f DATE SUBMMED: We propose and agree,N this submittal Is accepted,to contract with the City of Boynton Beach, In the Contmct Form, to fumishII material, means of transportation, o in on, labor and servicesnecessary to com pletelprovidespecified HavingI cCITY OF BOYNTON BEACH we propose to perform the work of thisaccording fbilawing addenda which ADDENDUM DATE ADDENDUM DATE No. 1 09/05MI . 2 09/14/2017 RECEIVEDNO ADDENDUM WAS IN CONNECTION VATHI I THIS SUBMITTED FOR PROPOSAa TO BE CONSIDERED COMPLUE AND ACCEffABLL RFP No. 141 17T .u......... Page 50 Page 622 of 1712 CDL Tit e CIO Of Boynton Beack mu . r0 DomfifirwAgk"3!135-0.110 g'AM 742-01 O "FINANCIAL AUD! I SERVICES' 072-1410-17/IT RESPONDENT T I 1 I " OF ADDENDUM . 4 T CONSIDEREDO BE � d Sett L.Pc+rter I = SIGNATURE T R E Tl REOT Page 51 Page 623 of 1712 00111 CDL The City of Boynton Beach t � 310 fP (J f JUM (S !T OFINANCIAL AUDITING SERVICES" RFP No.: 072-1410-17/IT RESPONDENT MUST SIGN, INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 MTN RFP PACKAGE FOR SUBMITTAL TO Swft L.PCYW PRINT NAMt-C-P`Rffp--RESr=;NTATjW— i War Dontm,Lenji ?,Cobcm>PqrW&V ' P.A. pw ,2 17 NAIVE OF U—N ANY DATE ........._._ Page 52 Page 624 of 1712 F C=1111CDL STATEMENT OF QUAUFICATIONS Each qualifier r i Included in these General Documents shall submit prepare and t in the followingschedule Information. This data must be included in and made part of each RFP document. Failure this instruction may be regarded as justlication for rejecting ft RFP response. additional*attach sheets giving the information Name of Qualifier: Caler,Donten,Levine,Cohak Porter Business2. South505 Flager Drive suite 900 West Palm Beacb,Florida 33401 3. When Organized: 1987 4. Where Incorporated: Morida 5. How many years have you n engaged in businessr the present firm ? n 12 with dw additionof a now aquitysharcholdor. General6. character of work performed by your company. cognt t s is Pro osal 7'. Enclose evidence of possession of required licenses andlor business permits. 800 1 abs 3 3 and 5 a. Number of employees. v — Soo s 9. Background ri f principal members of your personnel. Including officers' Tab 5 10. Bondingci ,ff applicable. ��i�i��i1l,a 11. Have you ever defaulted on a contract?If so,where and why?" r rabAC naves dafudWd THIS PAGE TO BE SUBMITTEDPROPOSAL M BE CONSIDERED COMPLUEANDA=EFTABLL RFP No. -1410-1711T ,,..®.._....... ...... ... ,, _ ... Page 625 of 1712 d=111CDL 12. Experience In performance of work similar in Importance to this project. Project l n City of Delray121,3001) -711 City of Boynton Bewh 106,690i (561)742-6311 Town of Jupiter 77,690 Mr. Michael Vill lla (5 746-5134 Vdiage of Palm Sprmp 51,400 Ms.Rebeccal) -13 hand.13. Contracts on Seepagc 32 for a list of current government conkaft. 14. Largest completedj (include final 1} i $121,300 } City of Boynton Beach $106,690 } Town of Jupiter S77,690 1 . List allu' (related i i ) or arbitration to whichhave been a party and :• 1 : None within2) occurred : None provide case number and style-. 1 Dated at:-West Palm I .wh.Flor Ida this 22 r 7 ( f ) co ............. Tile: (printed or typed) _-Shareholder THIS PAGE TO BE SUBMITTED COMPLETE 1 RFP No.0 -141 17AT Page 626 of 1712 CDL REFERENCES FOR Caw Dontm Lelim C-0—hm—P—It"&�Ve"' PA NAME OF F177 g 777=r, K" 711— ,,7 Company Name: City of Delray Beach Address, 100 NW Ist Avenue Delray Beach,Florida 33444 cordack Norm: wisum lbezine,CPA -—---------- - Fax: (561)243-7166 thezinal(a)my&lraybead-com , (561)243-7115 t Jt �7'7� 1,,7'gi7, company Name: Town of Jupiter 21(1 Military Trail Jupiter,Florida 33458 r no Mr.Michael Villella,CPA Phone: 1)71- 1 Fax: ,)741-0926 E-Mail: michaelv&UPiter-Aus Company Name: Village of Palm Springs - —---- Address: 226 Cypross[Ano paim springs,Florida 33461 ............ mo: Ms.Rebecca L.Morse,CGF0.CPF0 _'E ...... Fax: (,61)30"15 rnwrse@vpsfl.o;1 (5 61)965-4013 .........T "N" 77 7 7 777 777 Miil,I Company Nome'. Village Of Royal Palm Beach re ' _ Royal palm Mach Tjoulavard Royal palm Beack Florida 33411 Contact Name: Mr.Stanicy Hochman P 0 Fax: 174 E-M&1%hmhmsn@wyalpabnb=&.wm i hone, 11 (561)790-5 (561)790-52 THIS PA(;E TO BE SUMMED FOR PROPOSAL TO BE CONSINRED COMPLETE AND Aor-EPTABLE. RFP Na 072-1410-171IT ........... ......... ...... Page 1 55 Page 627 of 1712 d11!1tDL ANTWICKBACK AFFIDAVIT STATE OF FLDRIDA Ss COUNTY OF PALM BEACH 1® the undersigned hereby duly i submitted -11 be paid to any employees of the City of Boynton Beach as a commission,kickback, reward of glit,direcify or Indirectly by me or any member of my firm or by an ofter of the corporation. By- NAME-SIC ' TURE Swom and subscribed before me We day of 20 Printed Information: NAME ShavehoWr TITLE at Large Y I I Cala.Dontm L4vin,- Coh=4 Porter&Veil .& COMPANY ANDREA ROSSI MR 16, 1 ;;&OiC IAL NOTARY SEAV STAMP THIS PAGE TO BE SUBMITTED FOR MPOSAL 10 BE CONSIDERED COMPLETE AND ACCEPTABLE RFP NCL 141 17 ......... P 56 Page 628 of 1712 F Mo. !' C D L NON COLLUSION state of j rhl.a County ----- p} S -- being first duly sworn, deposes arid Says 1) He/She i ! m mtmn000wuom r y h , r MUG) (Name of corporation_ r ) who has submitted 1he attached RFP No. o72-141047AT for FINANCIAL l i fullySERVICES 2) WShe is respwUng the preparationsubmittal and f all pertinent circumstancesi; } Said RFP Is i is not a collusive or sham RFP,, } Further, the saidqualifier nor any of its officam. partners, Owners, agents, representRilves, or parties in interest. including this aftnt. has in any way col , connived r agreed, directlyr IndiraWy with any other qualifier,firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has beensubmitted or to I r i r, rectly rIn i , sought by agreement i i r11 r conference otherwith any qualifier, r r prices in the afteched RFP or other of any qualiffer, or to fix any overhead, profit or cost element of the RFP pricer the RFP price of any other qualifier. or to secure through any collusion, conspiracy, connivance or u l i I t r interested any person in 'and } The price or prices quoted in ft attached bid are fir and proper end are not tainted collusion,conspiracy, r unlawful agreementll r or any of ft ®repreli l� i (Tina) i Subs lbed and This_.a_A day Of �, s _� :J*16.2019 expiresMy commission i THIS PAGE To BE SUWMEn FOR PROPOSAL TO BE CONSIDERED COMPLUEANDACr-EPTAUL RFP Nm -1410-17AT -- Page 1 7 Page 629 of 1712 KCDL CONFIRMATION I 1BUSINESS A requested form tD be mado a part of our files for future use and information, Please fill out and indicate in the appropriatevi Return this form r bid proposal shed making it an officialr bid response. Is your company a Minority OwnedBusiness yes NO If Yes. please i "X"i : ( AMERICAN INDIAN ( ) ASIAN O ( HISPANIC WOMEN ( ) OTHER ( ) NOTAPPUCABLE ( ) Do you possess a Certification qualWng your business as a MinorityBusiness? YES NO—X If YES, Name the Organization from whichi i . I intlonfbrC Date of to THIS I [TO 51 CONSIDRED COMPLUEL RFP No.CY72-1410-17AT �. Page 630 of 1712 i NJ,lICDL CONFIRMATION I I- ILTM Preference li be given to businessesrug-fte workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received city f Boynton Beach or by any political subdivision for the procurement of commodities or contractuaIlr t implemented workplace® ll In li proceduresr processingfie submittals will be followedProfessionals drug4rse workplace program. In order shall: to have a drug4res workplace program, a business Publish f that the unlawful manufacture. dispensing, possession, r use of a controlledIs I In the workplace specifying the actions that will be taken againstI r violations of such prohibition. Inform t In the workplace, the business'spolicy of maintaining a r tace, any available drugII i programs, litation, and employee assistance and the penaltiesimposedr violations.drug abuse 3 Give each employee engaged In ' f I services under submittal a copy of the statement specified In (1 . 1 the tsp@cM@d in subsection (1), notify the employes commoditiesworking on the r contractual services that are under submft,the employee will ill notify the employer of any conviction of, or guiltyplea of r nab conhuxbm to, any violation r 893 or of any controlled substance low of the United States or any state,for a violation occurringI the workplace later than 5 days afteru v . y impose a sanction on, or requiref ii In r r rehabilitation program If such Is. availablein ft employee'semployee faithwho is so convicted, 6) Nlake a good i maintain a drug-freeworkplace Implementation this section. personAs the ign ft statement, I cortifV that thl�ji,,!mcomplies fully the above requirements. -11!,�, Proftsi�onsl's Signature THIS 1 L 10 BE CONSIDERED COMPLETEANDACCEPTABLE. RFP No. -1440-1711T ... ...., ._... .. Page 1 59 Page 631 of 1712 00" CDL j E6LLNL=Qjj COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of PalmBeach authorfty to investigate and audit matters relatingthe negotiation and this In of may demand and obtain records and testimony from the Contractor and b subcontractors and lower tier subcontractors. The contractor understands and agrees that In it all other remedies providedconsequences law, the failurer ori r lower r subcontractors to fullyi the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying termination. ,DMW4 L&WOe- Vail, .A. CONTRACTOR NAME SeW L.Porsw TiShmholder Date: ptcmbw-2Z 2017 THJS PAGE TO BE SUBMITYID FOR PROPOSAL 70 BE CONSIDERED COMPLEMANDACCE"ABLE. RFP No. -1410-17/IT Page 60 Page 632 of 1712 t CDL t I t �,bcc I LU a 21 ca f x U. qq ®ar 16 4 r } ® us ItA { Page 61 F b I i i r Page 633 of 1712 _. I I ' CDL r Taxpayer aby ftrm to the = and CertMandon . r mond to On Do nut i-We= rug ohm IMM MIAMI&NEME IN _. .... alp CH ffft A rat w.rafys llasaa?w,h _... Caller,Dunlen Lovine,Cohen,Partw a Vail PA. �.,.. a .. as .. -.� a.,__._. 1:3 bmwnot hed at�I bor f�a9ttoltnn®aav` a t Ib ® r9Um rewto r Ibs Q,�ftd apt.ori o►a.� �qu 'a ra�tiaand ed�an f,�,�r�rnn€; __._... 606 South Fleglair .,Suits �._ L 33401 ry �� r . b fa Ana i �.. tisiri� _ : —_ fin,aeeata p�,pd�#s,�dlee� d ,seM 1 •nr►p�p�8.�r r � �� I � � m„ _. �. orgukbkm R tl�mount�Yi rr�ra than Hants,aaa eta hsa� Poa° 1 baa®hit an Pia 411or I��$r��r�Id n "� an whoa number to fir. 3 e � 2 3 1 2r� 1 th „ 1. The number ahawwr an ft form IS ry owroot 4a ppr Manellodlon number(ar 1 am►Ming for a number to be inuad to mal;mid Z am not vubliom: l 1 am exampt Nm backupi withholdIng,or I hM not b 1 a a MUM to Taped 91 Minuet or&Womcls.or IRS ha nddbd me Ovid I am no WnW&Meot to backup wilhholloling.and N. I gins U U. . balm* 4.The FATOA andoW afflazed an IndlIcating to!am among from FATCA reparift is convot P mom If you have bum noWad by the1 u rt n d Mm 2 does wX em" a Wrong gww*. 1 a a, u a r houeff"on P� comecol 17N.fte the General lnetru o eI� 1 O tst ,a "Xime bon ,INS-T mon n are to the Internal MB unl= o nd. ■P 1 IHW MEN ONIMOMMAK ®FWM 1001144equiellan or Lee Rem V"Vy Purpose of FbM povide y—commitTkou am a 5F Moon WM o I=M Mwual By sloing on aw-MA form.yap m t 1. u onto •Form 1 p P In ® 1 m a a ,or grow proommaon ■Fann IM-0 Mock or mutual tad adft and owuM new ommeccolopm by C Ceft kh at KWA an due form of no In n 2 faftDthorkdomadon. aFumn1 . P 1 62 Page 634 of 1712 Page 635 of 1712 7.E. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-112- Authorize the City Manager to sign a support agreement with Public Safety Software solution from Spillman Technologies, Inc. and to sign financing documents with Motorola Solutions Credit Company, LLC to finance the purchase price. EXPLANATION OF REQUEST: On January 10, 2017, Procurement Services opened nine (9) proposals in response to the Request for Proposals for "Public Safety Software." This RFP was issued to secure a Computer Aided Dispatch/Records Management solution that would provide the Police Department with a single platform for reporting, traffic crash reports, citations, crime analysis, computer aided dispatch and evidence. On May 16, 2017, the initial ranking meeting was held. After evaluation and scoring, the Committee shortlisted three (3) firms: MobileTec International, Spillman Technologies, Inc. and Superion, formerly known as Sungard. In accordance with the process outlined in the RFP, these 3 firms and their teams were invited to demonstrate their proposed solution to the Committee. On June 20-22, 2017, demonstrations were held with these three shortlisted firms. On June 23, 2017, a final evaluation and ranking meeting was held. After evaluation and scoring, the Committee ranked Spillman Technologies, Inc. as the first-ranked firm. On August 15, 2017, the City Commission approved the final ranking recommended by the Selection Committee and authorized the City Staff to negotiate and an Agreement with Spillman Technologies, Inc. that would be brought back to the City Commission for approval. Two (2) Sunshine Meetings were held with Spillman Technologies, Inc. to negotiate an agreement: October 12 and October 16, 2017. These meetings were attended by representatives of Spillman Technologies and included staff from the Police Department and Purchasing Services. The initial proposal was revised to reflect other elements of the project required to have a complete and functional public safety software system that were not originally included in the scope. Those elements include: TraCS Accident Interface, TraCS Citation Interface and additional computer hardware and storage required for system functionality. The total revised proposal, including first-year maintenance and support was $1,113,420. Staff was able to negotiate a total revised proposal of $925,000; a savings to the City of$188,420 as compared to the original proposal. The proposed system includes first-year maintenance and support; however, in order to maintain the continuity of operations and system functionality, support will be required for subsequent years. The initial proposal for support and maintenance cost for year two (2) was $120,423, City Staff was able to negotiate a five (5) year maintenance agreement for years two (2) thru six(6) with a fixed 3% annual increase with a year two (2) cost of $85,849.17. The cost for annual maintenance and support on the system will be budgeted in the departmental operating budget in the appropriate year: Year 1 1 ncluded Year 2 $85,849.17 Page 636 of 1712 Year 3 $88,424.65 Year 4 $91,077.39 Year 5 $93,809.71 Year 6 $96,624.00 Spillman has included an option to finance the purchase price with Motorola Solutions Credit Company, LLC. The initial offer was a 3.79% for four (4) years, staff was able to negotiate that to 3.57% which equates to approximately $818 savings per year. Staff is recommending to finance the purchase price of $925,000 with Motorola Solutions Credit Company, LLC with the following terms: Down payment: $350,000 Amt Financed: $575,000 Term: 4 years, 1st pymt due 1 year after contract execution Interest Rate: 3.57% Annual Payment: $156,804.63 As a result of the negotiations, Spillman Technologies has requested that the City participate in their Motorola Solutions VIP Program as a strategic partner in the Palm Beach, Broward and Miami-Dade Counties. The marketing efforts will focus on the Spillman Flex Public Safety Software. Staff is agreeable to being a strategic partner with Spillman and as part requests the ability for Spillman to utilize the City's logo and other public information in the marketing efforts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The current Computer Aided Dispatch/Records Management System (CAD/RMS) is antiquated, labor intensive and inefficient. Approval of this request will allow the Police Department to save valuable time during call taking/dispatching of calls for services allowing more efficiency department wide. In addition, the Department will be able to share/pool information with neighboring agencies contributing to regional intelligence gathering and increasing its case clearance. FISCAL IMPACT: Budgeted Funds were budgeted in the FY16/17 and FY17/18 Capital Improvement Plan under account 302-4119-580- 64-14; Project IT1701. The project was included in the C I P at an amount of $190,640 per year for six (6) years, for an estimated total project cost of$1,143,840. ALTERNATIVES: Alternatives to this action would be to not approve the negotiated agreement and direct staff to renegotiate with Spillman Technologies; or should negotiations fail with Spillman, declare an impasse and proceed in negotiating a new contract with the second-ranked firm, Superion. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 637 of 1712 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\4ng Spillman Technologies D Agreement DRAFTAGREEMENT- SPILLMAN TECHNOLOGIES, INC. D Agreement DRAFTAGREEMENT- SPILLMAN TECHNOLOGIES, INC. D Agreement ATTCHMT- SPILLMAN PURCHASE AND LICENSE AGREEMENT D Exhibit EXHI ITA® MAINTENANCE AND SUPPORT AGRMT D Exhibit EXHIBIT B ® PURCHASED PRODUCTS AND SERVICES D Attachment MOTOROLA SOLUTIONS FINANCING PROPOSAL D Attachment MOTOROLA SOLUTIONS SAMPLE AGRMT Page 638 of 1712 1 RESOLUTION NO. R17 - 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE CITY MANAGER TO SIGN REQUIRED 6 DOCUMENTS UPON CITY ATTORNEY REVIEW AND APPROVAL 7 FOR THE PURCHASE, INSTALLATION, IMPLEMENTATION, 8 TRAINING AND SUPPORT OF A PUBLIC SAFETY SOFTWARE 9 SOLUTION FROM SPILLMAN TECHNOLOGIES, INC., OF SALT 10 LAKE CITY, UT IN THE AMOUNT OF $925,000; APPROVE THE 11 MAINTENANCE AND SUPPORT AGREEMENT FOR YEARS TWO 12 THROUGH SIX; APPROVE FINANCING DOCUMENTS WITH 13 MOTOROLA SOLUTIONS CREDIT COMPANY,LLC.,TO FINANCE 14 THE PURCHASE PRICE OF $925,000 LESS A $350,000 DOWN 15 PAYMENT FOR FOUR YEARS FOR AN ANNUAL PAYMENT OF 16 $156,804.63; AND PROVIDING AN EFFECTIVE DATE. 17 18 19 WHEREAS,on January 10,2017,Procurement Services opened nine(9)proposals in 20 response to the Request for Proposals for "Public Safety Software" which was issued to 21 secure a Computer Aided Dispatch/Records Management solution that would provide the 22 Police Department with a single platform for reporting,traffic crash reports, citations, crime 23 analysis, computer aided dispatch and evidence; and 24 WHEREAS, on May 16, 2017, the initial ranking meeting was held and after 25 evaluation and scoring the Committee shortlisted three (3)firms; and 26 WHEREAS, the City Commission approved the final ranking recommended by the 27 selection committee on August 15,2017 and authorized City Staff to negotiate an Agreement 28 with Spillman Technologies, Inc., to be brought back to the City Commission for approval; 29 and 30 WHEREAS,staff has recommended thatthe City Commission approve and authorize 31 the City Manager to sign documents to be reviewed and approved by the City Attorney for 32 the purchase, installation, implementation, training and support of a Public Safety Software CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\7D7778E4-D6AB-4F09-A83C-OA7EB44BC545\Boynton Beach.7540.1.Spillman_Technologies_(Public_Safety_Software)_=Reso.doc Page 639 of 1712 33 solution from Spillman Technologies,Inc., of Salt Lake City,UT in the amount of$925,000; 34 approve maintenance and support agreement for years two through six;financing documents 35 with Motorola Solutions Credit Company,LLC.,to finance the purchase price of(25,000 less 36 a$3 50,000 down payment for four years with an interest rate of 3.57%for an annual payment 37 of $156,804.63; and to participate in the Motorola Solutions VIP Program as a strategic 38 partner in marketing efforts that may include logos and other public information about the 39 City. 40 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 41 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 42 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption 44 hereof. 45 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes and directs the City Manager to sign documents to be reviewed and approved by the 47 City Attorney for the purchase, installation, implementation, training and support of a Public 48 Safety Software solution from Spillman Technologies, Inc., of Salt Lake City,UT in the amount 49 of$925,000; approve maintenance and support agreement for years two through six; financing 50 documents with Motorola Solutions Credit Company, LLC., to finance the purchase price of 51 (25,000 less a$3 50,000 down payment for four years with an interest rate of 3.57%for an annual 52 payment of$156,804.63; and to participate in the Motorola Solutions VIP Program as a strategic 53 partner in marketing efforts that may include logos and other public information about the City. 54 Section 3. This Resolution shall become effective immediately upon passage. 55 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\7D7778E4-D6AB-4F09-A83C-OA7EB44BC545\Boynton Beach.7540.1.Spillman_Technologies_(Public_Safety_Software)_=Reso.doc Page 640 of 1712 56 PASSED AND ADOPTED this day of , 2017. 57 CITY OF BOYNTON BEACH, FLORIDA 58 59 YES NO 60 Mayor— Steven B. Grant 61 62 Vice Mayor—Justin Katz 63 64 Commissioner—Mack McCray 65 66 Commissioner—Christina L. Romelus 67 68 Commissioner—Joe Casello 69 70 71 VOTE 72 ATTEST: 73 74 75 Judith A. Pyle, CMC 76 City Clerk 77 78 79 (City Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\7D7778E4-D6AB-4F09-A83C-OA7EB44BC545\Boynton Beach.7540.1.Spillman_Technologies_(Public_Safety_Software)_=Reso.doc Page 641 of 1712 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SPILLMAN TECHNOLOGIES,INC. THIS AGREEMENT is entered into between the City of Boynton Beach,hereinafter referred to as "the City", and SPILLMAN TECHNOLOGIES, INC., hereinafter referred to as "VENDOR", in consideration of the mutual benefits,terms,and conditions hereinafter specified. 1. PROJECT DESIGNATION: PUBLIC SAFETY SOFTWARE. 2. (SCOPE OF SERVICES. Vendor agrees to perform the services as outlined in RFP No.007- 2110-17/JMA, and incorporated herein: PriceProposal (pages _ to of the RFP). "No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. Commented TI1:Canwerefertoandm _ [ ] ' n oo orate Spillman's Exhibits A&B here? 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the VENDOR to proceed.Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM:This Agreement shall be for aperiod of�commencing on This__ - commented[T12]:'Can wesimply refer to and incorporate Agreement may be renewed at the same terms,conditions,and prices,for two(2)subsequent Spillman'sLicense and Software Agreement,Exhibit A' one-year periods subject to Vendor's acceptance, satisfactory performance, and here? determination that renewal will be in the best interest of the City. 5. (PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered under this agreement as follows: _______________________________ __ commented[T13]:We are contemplating:$185K w/< Commented $185K w/implementation and financing the balance a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted thru Motorola for a 3-5 yr term to the City properly and in accordance with"PRICE PROPOSAL"'(Exhibit ,`A")i. Commented[T141:`Exhibits A&B? b. The Vendor may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City,and upon approval thereof,payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents,and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 1 Page 642 of 1712 . 8. Indemnification. A. General Indemnification'. Spillman agrees to defend, indemnify and hold harmless', the City of Boynton Beach, Florida, its officers, commissioners, employees, and agents and volunteers agents who are users of the Software furnished', against any and all claims arising from any personal injuries, death; or damages to tangible property caused by the negligence or willful misconduct of Spillman, its agents or employees, and Spillman will pay an final inal figment or amounts agreed in settlement, including, any reasonable`attorneys' fees, costs and expenses. The foregoing excludes any claims related to the functionality or use of, or bugs or errors in,the Software provided by Spillman`, which shall be governed'solely by the terms of Spillman's license agreement)._--- Commented[T15jc'Legal has already approved this The City shall provide reasonable notice to Spillman after receipt by the City language It's also incorporated into Spillman'sLicense'and of any claim, suit or action against the ON arising directly or indirect) f� Software Agreement. the operations of Spillman hereunder, for which the City may be entitled to a defense or indemnity by Spillman, under the provisions of this Contract. Spillman shall have the right to control the defense of any such claim, suit, or actions. The City shall provide such information and assistance as is necessary to enable Spillman to defend, compromise or settle such claim. Spillman shall also be liable to the City for all reasonable costs, expenses, attorneys'fees and damages which may be incurred or sustained by the City by reason of Spillman's breach of any of the provisions of the contract. A. Intellectual Property Spillman agrees to defend Customer against any and all third party claims, demands, lawsuits or legal actions arising out of any actual or alleged infringement of any U.S. copyright, or patent misappropriation of trade secret or trademark, by the Software furnished, and Spillman will pay any damages, costs and expenses including reasonable attorne s'fees)finally awarded in such action or paid to settle the action. Spillman will not be required to indemnify Customer unless (i) Customer promptly notifies Spillman of any such claim; (ii) Customer gives Spillman sole control of the defense and all settlement negotiations, and the authority to represent Customer in defending the claim; and (iii) Customer provides Spillman with any information and assistance that Spillman reasonably requests in defending against the claim. Customer may, atits option and expense, e represented y separate counsel in any such action. If a court or other legal authority finds that any part of the Software infringes on a third party's intellectual property rights, or if Spillman believes that it infringes, Spillman will use reasonable efforts to obtain a license under the rights that have been infringed, to modify the Software so it is no longer infringing, or to provide to Customer substitute software that is non-infrinaing; provided that if in Spillan's judgment such options are not commercially reasonable, Spillman may terminate the license for the Software or the infringing portion thereof upon written notice to Customer. Spillman will have no liability for 2 Page 643 of 1712 infringement arising out of modification of the Software by any party other than Spillman, use of an outdated version of the Software, or the combination or use of the Software with any other software, hardware, eguipnnen_tpLqd_uctor process not furnished by Spillman, if use of the Software alone and in its current, unmodified form would not have been an infringement. Spillman is not liable for any infringement claims based upon Third Party So ware or hardware. This Section 11.7 states Spillman's entire obligation with respect to any claim for infrin or misaQQ=riation of any third Darty intellectual DrODerty rights. 8. Vendor shall indemnify,defend and hold harmless the City,its offices,agents and employees, from and against any and all claims, losses o,liability, o,any portion thereof, including fees and oosto, arising from injury o, death m persono, including injuheo, oiokneoo, disease o, death toVendor's own emp|oyeeo, or damage to property occasioned by negligent am. omission o,failure ofthe Vendor. 9. 1 NSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, including Products Liability —with aminimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and Vendor liability insurance in the amount of$1,000,000 per esGw*�claim to $2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability Said general liability policy shall name the City of Boynton Beach as an "additional named insured"and shall include a provision prohibiting cancellation of said policy except upon thirty (30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered City~~within.`fifteen~^_~~days .execution~.'~~this_". ~_~.L _-' C.mmented[T161:Revisions to insurance have already been approved/accepted by Risk Management. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between thepartieoherem. Neither Vendor nor any employee ofVendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax o, social security o, for contributing to the state industrial insurance pmgnam, otherwise assuming the duties of an employer with respect toVendor, or any employee of Vendor. 11 COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that hehas not employed or retained any company or person, other than a bona fide employee working solely for the Vendo,, to solicit o, secure this contract, and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Vendor,any fee, oommiooion, pememage, brokerage fee, gifto,o,any other consideration contingent upon or resulting from the award o,making ofthis contract. For breach o,violation of this warranty, the City shall have the right to annul this oom,am without liability o,, in its discretion to deduct from the contract price o, oonoidenation, o, otherwise recover,the full amount of such fee, commission, percentage, brokerage fee, gift, o,contingent fee. s Page 644Of1712 12. DISCRIMINATION PROHIBITED. The Vendor,with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a.The City reserves the right to terminate this Agreement at any time by giving ten (10)days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City.This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: SPILLMAN TECHNOLOGIES INC. 4625 LAKE PARK BLVD. SALT LAKE CITY UTAH 84120 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. 4 Page 645 of 1712 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 5 Page 646 of 1712 DATED this day of 20 CITY OF BOYNTON BEACH City Manager Vendor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary 6 Page 647 of 1712 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SPILLMAN TECHNOLOGIES,INC. THIS AGREEMENT is entered into between the City of Boynton Beach,hereinafter referred to as "the City", and SPILLMAN TECHNOLOGIES, INC., hereinafter referred to as "VENDOR", in consideration of the mutual benefits,terms,and conditions hereinafter specified. 1. PROJECT DESIGNATION: PUBLIC SAFETY SOFTWARE. 2. (SCOPE OF SERVICES. Vendor agrees to perform the services as outlined in RFP No.007- 2110-17/JMA, and incorporated herein: PriceProposal (pages _ to of the RFP). "No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. Commented TI1:Canwerefertoandm _ [ ] ' n oo orate Spillman's Exhibits A&B here? 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the VENDOR to proceed.Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM:This Agreement shall be for aperiod of�commencing on This__ - commented[T12]:'Can wesimply refer to and incorporate Agreement may be renewed at the same terms,conditions,and prices,for two(2)subsequent Spillman'sLicense and Software Agreement,Exhibit A' one-year periods subject to Vendor's acceptance, satisfactory performance, and here? determination that renewal will be in the best interest of the City. 5. (PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered under this agreement as follows: _______________________________ __ commented[T13]:We are contemplating:$185K w/< Commented $185K w/implementation and financing the balance a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted thru Motorola for a 3-5 yr term to the City properly and in accordance with"PRICE PROPOSAL"'(Exhibit ,`A")i. Commented[T141:`Exhibits A&B? b. The Vendor may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City,and upon approval thereof,payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents,and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 1 Page 648 of 1712 . 8. Indemnification. A. General Indemnification'. Spillman agrees to defend, indemnify and hold harmless', the City of Boynton Beach, Florida, its officers, commissioners, employees, and agents and volunteers agents who are users of the Software furnished', against any and all claims arising from any personal injuries, death; or damages to tangible property caused by the negligence or willful misconduct of Spillman, its agents or employees, and Spillman will pay an final inal figment or amounts agreed in settlement, including, any reasonable`attorneys' fees, costs and expenses. The foregoing excludes any claims related to the functionality or use of, or bugs or errors in,the Software provided by Spillman`, which shall be governed'solely by the terms of Spillman's license agreement)._--- Commented[T15jc'Legal has already approved this The City shall provide reasonable notice to Spillman after receipt by the City language It's also incorporated into Spillman'sLicense'and of any claim, suit or action against the ON arising directly or indirect) f� Software Agreement. the operations of Spillman hereunder, for which the City may be entitled to a defense or indemnity by Spillman, under the provisions of this Contract. Spillman shall have the right to control the defense of any such claim, suit, or actions. The City shall provide such information and assistance as is necessary to enable Spillman to defend, compromise or settle such claim. Spillman shall also be liable to the City for all reasonable costs, expenses, attorneys'fees and damages which may be incurred or sustained by the City by reason of Spillman's breach of any of the provisions of the contract. A. Intellectual Property Spillman agrees to defend Customer against any and all third party claims, demands, lawsuits or legal actions arising out of any actual or alleged infringement of any U.S. copyright, or patent misappropriation of trade secret or trademark, by the Software furnished, and Spillman will pay any damages, costs and expenses including reasonable attorne s'fees)finally awarded in such action or paid to settle the action. Spillman will not be required to indemnify Customer unless (i) Customer promptly notifies Spillman of any such claim; (ii) Customer gives Spillman sole control of the defense and all settlement negotiations, and the authority to represent Customer in defending the claim; and (iii) Customer provides Spillman with any information and assistance that Spillman reasonably requests in defending against the claim. Customer may, atits option and expense, e represented y separate counsel in any such action. If a court or other legal authority finds that any part of the Software infringes on a third party's intellectual property rights, or if Spillman believes that it infringes, Spillman will use reasonable efforts to obtain a license under the rights that have been infringed, to modify the Software so it is no longer infringing, or to provide to Customer substitute software that is non-infrinaing; provided that if in Spillan's judgment such options are not commercially reasonable, Spillman may terminate the license for the Software or the infringing portion thereof upon written notice to Customer. Spillman will have no liability for 2 Page 649 of 1712 infringement arising out of modification of the Software by any party other than Spillman, use of an outdated version of the Software, or the combination or use of the Software with any other software, hardware, eguipnnen_tpLqd_uctor process not furnished by Spillman, if use of the Software alone and in its current, unmodified form would not have been an infringement. Spillman is not liable for any infringement claims based upon Third Party So ware or hardware. This Section 11.7 states Spillman's entire obligation with respect to any claim for infrin or misaQQ=riation of any third Darty intellectual DrODerty rights. 8. Vendor shall indemnify,defend and hold harmless the City,its offices,agents and employees, from and against any and all claims, losses o,liability, o,any portion thereof, including fees and oosto, arising from injury o, death m persono, including injuheo, oiokneoo, disease o, death toVendor's own emp|oyeeo, or damage to property occasioned by negligent am. omission o,failure ofthe Vendor. 9. 1 NSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, including Products Liability —with aminimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and Vendor liability insurance in the amount of$1,000,000 per esGw*�claim to $2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability Said general liability policy shall name the City of Boynton Beach as an "additional named insured"and shall include a provision prohibiting cancellation of said policy except upon thirty (30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered City~~within.`fifteen~^_~~days .execution~.'~~this_". ~_~.L _-' C.mmented[T161:Revisions to insurance have already been approved/accepted by Risk Management. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between thepartieoherem. Neither Vendor nor any employee ofVendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax o, social security o, for contributing to the state industrial insurance pmgnam, otherwise assuming the duties of an employer with respect toVendor, or any employee of Vendor. 11 COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that hehas not employed or retained any company or person, other than a bona fide employee working solely for the Vendo,, to solicit o, secure this contract, and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Vendor,any fee, oommiooion, pememage, brokerage fee, gifto,o,any other consideration contingent upon or resulting from the award o,making ofthis contract. For breach o,violation of this warranty, the City shall have the right to annul this oom,am without liability o,, in its discretion to deduct from the contract price o, oonoidenation, o, otherwise recover,the full amount of such fee, commission, percentage, brokerage fee, gift, o,contingent fee. s Page 650Of1712 12. DISCRIMINATION PROHIBITED. The Vendor,with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a.The City reserves the right to terminate this Agreement at any time by giving ten (10)days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City.This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: SPILLMAN TECHNOLOGIES INC. 4625 LAKE PARK BLVD. SALT LAKE CITY UTAH 84120 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. 4 Page 651 of 1712 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 5 Page 652 of 1712 DATED this day of 20 CITY OF BOYNTON BEACH City Manager Vendor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary 6 Page 653 of 1712 IS] The City of Boynton Beach Police Department technologies, inc. a Motorola Solutions Company Purchase and License Agreement Page 654 of 1712 Spillman® Purchase and License Agreement Table Contents Purchase and License Agreement............................................................................................z Section1: Definitions..................................................................................................................z Section 2: Purchases of Professional Services and Third Party Products....3 Section3: License..........................................................................................................................3 Section4: Scope of Rights........................................................................................................4 Section 5: Fees and Payments...............................................................................................5 Section 6: Maintenance and Support Services.............................................................5 Section 7: Customer Responsibilities.................................................................................5 Section 8: Proprietary Protection and Restrictions...................................................6 Section 9: Confidential Information..................................................................................7 Section 10: Utilities; Restrictions on Usage...................................................................7 Section 11: Limited Warranty and Limitation of Liability; Indemnifications Section 12: Term of Agreement; Termination ............................................................10 Section 13: Miscellaneous.......................................................................................................11 Exhibit A Maintenance and Support Agreement....... Error! Bookmark not defined. Section 1: Definitions........................................................... Error! Bookmark not defined. Section 2: Eligibility For Support................................... Error! Bookmark not defined. Section 3: Scope Of Services ............................................ Error! Bookmark not defined. Section 4: Services Not Covered by this Support Agreement............. Error! Bookmark not defined. Section 5: Obligations Of Customer.............................. Error! Bookmark not defined. Section 6: SAA and Support Contact Requirements..........Error! Bookmark not defined. Section 7: Fees and Charges............................................ Error! Bookmark not defined. Section 8: Termination......................................................... Error! Bookmark not defined. Section 9: General .................................................................. Error! Bookmark not defined. Page 655 of 1712 Purchase and License Agreement This Purchase and License Agreement(the "Agreement")is made and entered into effective as of the date this Agreement is signed by both parties below (the"Effective Date"), and is by and between: Spillman Technologies, Inc. ("Spillman") 4625 Lake Park Blvd. Salt Lake City, UT 84120 and The City of Boynton Beach ("Customer") 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Customer desires to purchase from Spillman licenses for certain Spillman software,professional services, maintenance services,and third party hardware,software and services,as set forth in Exhibit B(Purchased Products and Services), and Spillman desires to sell such licenses, services and products to Customer, pursuant to the terms and conditions of this Agreement. In consideration of the mutual agreements set forth herein, the sufficiency of which is hereby acknowledged,the parties agree as follows: Section 1: Definitions 1.1 "Confidential Information" means any non-public information provided by either party to the other in connection with this Agreement, including the Software, Spillman's pricing, future product plans, trade secrets; know-how; a party's non-public business and financial information; customer lists; and any written materials marked as confidential and any other information, including visual or oral information, which reasonably should be understood to be confidential. Confidential Information does not include information that a party can prove: (a) is now or later becomes generally available to the public without fault of the party who received such information; (b) was rightfully in the receiving party's possession prior to its disclosure by the disclosing party; (c) is independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is obtained by the receiving party without obligation of confidentiality from a third party who has the right to disclose it. Additionally, the receiving party may disclose Confidential Information to the extent required by a judicial or legislative order or proceeding, or by any applicable federal or state open records act or freedom of information act requirements provided that it gives the disclosing party prompt prior notice of the intended disclosure and an opportunity to respond or object to the disclosure,if permissible. 1.2 "Documentation"means all written or electronic user documentation for the Software provided by Spillman to Customer. Documentation does not include Spillman marketing materials. 1.3 "Software" means the package of Spillman computer program(s), interfaces and/or data, in machine-readable form only, as well as related materials, including Documentation, identified in Exhibit B (Purchased Products and Services) and Exhibit C (Existing Interfaces—Technical Product Documents) or subsequently licensed by Customer pursuant to the terms of this Agreement. Software also includes all Utilities, modifications, new Releases and Enhancements (as defined in 2 Page 656 of 1712 Exhibit A (Maintenance and Support Agreement)). "Software' specifically excludes Third Party Software, except to the extent otherwise expressly stated in this Agreement. 1.4 "Third Party Software" means software owned by third parties, whether (i) licensed by the third party to Spillman for distribution to Spillman's customers with the Software,such as mapping software, database software,paging software or open source software,or(ii)separately acquired by Customer as necessary or appropriate for use in conjunction with the Software, such as word processors,spreadsheets,terminal emulators,etc. 1.5 "Spillman Application Administrator"means an agent of Customer appointed by Customer, who has been certified on the Software by Spillman,pursuant to the procedures set forth in Section 6 of Exhibit A (Maintenance and Support Agreement), and is able to communicate effectively with Spillman support personnel in the description and resolution of problems associated with the Software. 1.6 "Utilities" means the software utilities and tools provided by Spillman as part of the Software, including Spillman's XML Query, ODBC interface and implementation code, ctperl, dbdump, and dbload,as well as any other software utilities provided by Spillman in connection with the Software. Section 2: Purchases of Professional Services and Third Party Products 2.1 Professional Services. Customer agrees to purchase the Spillman professional services listed in Exhibit B (Purchased Products and Services). 2.2 Third Party Products. Customer agrees to purchase from Spillman the third party products identified in Exhibit B(Purchased Products and Services).Spillman makes no warranties with respect to such third party products,but agrees to pass through to Customer any warranties provided by the manufacturers of such products, to the extent permitted. If Third Party Software is provided to Customer by Spillman and is not subject to a separate third party license agreement,then Spillman sublicenses such Third Party Software to Customer pursuant to the terms of this Agreement that are applicable to the Software, provided, however, that Spillman does not make any warranties to Customer or agree to indemnify Customer for any claims regarding Third Party Software. Third Party Software may be used only in conjunction with Spillman's Software and,where applicable,the hardware with which such Third Party Software is intended to be used. Section 3: License 3.1 Grant of License. In consideration of the payment of the license fees set forth in Exhibit B (Purchased Products and Services), Spillman grants Customer a nonexclusive, non-transferable license to use the Software, subject to the terms of this Agreement,including without limitation the restrictions with respect to Utilities set forth in Section 10. 3.2 Ownership. The Software and all related documentation and materials provided by Spillman are licensed (not sold) to Customer. Spillman retains sole and exclusive ownership of all rights,title, and interest in and to the Software, all related materials, and all modifications and enhancements thereof (including ownership of all trade secrets, copyrights and other intellectual property rights pertaining thereto), subject only to the licenses expressly granted to Customer herein by Spillman, regardless of 3 Page 657 of 1712 whether Customer, its employees, or contractors may have contributed to the conception or development of any part of the Software,including enhancements or customized Software.Any Third Party Software distributed by Spillman is separately licensed to Spillman from third party licensors. Such Third Party Software is sublicensed to Customer and protected pursuant to the terms of this Agreement,and may be used only in conjunction with the Software.This Agreement does not provide Customer with title or ownership of the Software or any component thereof,but only a limited license. Spillman and its licensors specifically reserve all rights not expressly granted to Customer in this Agreement.Customer must keep the Software free and clear of all claims,liens,and encumbrances. Section 4: Scope of Rights 4.1 Location of Software. Customer may install and use the Software only in Customer's own facilities,including any authorized mobile sites. Customer shall give Spillman two (2) weeks prior written notice of any change in the location of Customer's primary facility where the server-based Software is installed. If an immediate change in location is required due to an emergency or disaster recovery,Customer may do so provided that it notifies Spillman as soon as is feasible. 4.2 Customer Use Only. Customer may use and execute the Software only for purposes of serving the internal needs of Customer's business,except as specifically set forth in this Agreement. 4.3 Copies. Customer may make one copy of the Software in machine-readable, object code form,for backup and archival purposes only, provided that Spillman's copyright notice is included. Such backup copy shall not be used for productive use, except to the extent required if the primary Software installation is not functioning.Customer may reproduce(photocopy or electronic copy)the Documentation as reasonably necessary and appropriate for Customer's authorized use of the Software. Customer may not distribute any Documentation for use outside of Customer's primary place of business. 4.4 Shared Agency Arrangements. If Customer and another agency(a"Shared Agency') desire to enter into an arrangement whereby Customer will act as a"Host Agency' and permit the Shared Agency to access the Software through Customer, the Shared Agency and Spillman will execute a Shared Agency Agreement for such arrangement and attach it to this Agreement as an additional exhibit. Customer agrees to be responsible for timely payment of Spillman's invoices for the Shared Agency's license and services, whether such invoices are to be paid by the Shared Agency or Customer. Customer shall require the Shared Agency to comply with the terms of this Agreement and shall notify Spillman and cooperate as reasonably requested by Spillman in the event of any non- compliance by the Shared Agency. 4.5 Cooperative Purchasing ("Piggyback"). Upon request of a third party state or local agency located in the same state as Customer (the "New Agency'), Spillman will negotiate an agreement with such New Agency that contains the same terms and conditions as this Agreement (excepting the terms described below),subject to the eligibility and validity of such piggybacking arrangement under state law,and provided that Spillman and the New Agency agree in writing upon the software, products and services to be licensed and purchased by the New Agency and the prices therefor, which shall be paid by the New Agency. 4 Page 658 of 1712 Section 5: Fees and Payments 5.1 Fees. The license fee for the Software and the price for all services and third party products purchased by Customer from Spillman are specified in Exhibit B(Purchased Products and Services). All invoices are payable within thirty(30) days of the date of the invoice,unless a later payment due date is agreed to in Exhibit B. Customer must pay such fees directly to Spillman according to the agreed payment terms set forth in Exhibit B (Purchased Products and Services). 5.2 Taxes. Customer is solely responsible for any and all taxes resulting from this Agreement and its purchase of the products and services described herein(excluding taxes on Spillman's net income). It shall be the responsibility of Spillman to collect and remit applicable taxes. If Customer is a tax- exempt organization, Customer will provide Spillman with documentation required by the taxing authority to support such exemption. 5.3 Late Payments. If Customer fails to pay any amounts owed when due, Spillman may assess interest at one-and-one-half percent (1.5%) per month on all overdue amounts, or the highest rate permitted by law,whichever is less.Customer shall also be liable for all costs of collection,including reasonable attorneys fees,whether or not a suit is instituted. Section 6: Maintenance and Support Services 6.1 Support Agreement. Spillman will provide maintenance and support services to Customer with respect to the Software pursuant to the terms of the Maintenance and Support Agreement attached as Exhibit A hereto (the "Support Agreement"), subject to Customer's payment of the applicable annual support and maintenance fees after the Warranty Period ends. Section 7: Customer Responsibilities 7.1 Spillman Application Administrator. Customer is responsible for designating a Spillman Application Administrator ("SAA") who is qualified to operate the Software on Customer's own equipment,has been certified as set forth in Exhibit A (Maintenance and Support Agreement), and is familiar with the information,calculations, and reports that serve as input and output of the Software. 7.2 Spillman Support Contacts. Customer will provide contact information for its SAA and other personnel who are authorized to contact Spillman support to Spillman's support department. Each designated SAA and Customer support contact must be qualified to address, or have other support resources to address, without the aid of Spillman, all problems relating to hardware, software, or operating system not directly associated with the Software. 7.3 Additional Components. Other components (hardware and/or Third Party Software) may be required for the use of the Software,including without limitation workstations,personal computers, networks, operating systems, and Internet connectivity. Spillman assumes no responsibility under this Agreement for obtaining and/or supporting such components except as expressly agreed in writing. 5 Page 659 of 1712 7.4 Proper Environment. Customer is responsible for ensuring a proper environment and proper utilities for the computer system on which the Software will operate, including housing and operating the server equipment in a secure environment and according to the specifications for the equipment as specified by its manufacturer. 7.5 Data Conversion Services. Spillman assumes no responsibility under this Agreement for converting Customer's data files for use with the Software, except as listed in Exhibit B (Purchased Products and Services) and detailed in a data conversion scope of work. 7.6 Improper Use. Customer shall use reasonable efforts to prevent its employees and independent contractors from making unauthorized copies of the Software, improperly using the Software, or otherwise breaching this Agreement. If Customer discovers any such problems, it will promptly notify Spillman and take commercially reasonable actions to resolve the problem as soon as reasonably possible. Customer is liable for any breach of this Agreement by any employee or agent of Customer. Section 8: Proprietary Protection and Restrictions 8.1 Third Party Access and Queries. Customer may not allow any other agency, entity, or individual to use or have access to the Software in any manner other than inquire-only, unless expressly authorized by Spillman. Except as specifically authorized by Spillman, queries may be conducted solely for Customer's internal business purposes, and Customer may not query the Software,or permit any third party to query the Software,for a third party's business purposes. 8.2 Restrictions. Customer may not use, copy, modify, rent, share, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized in writing by Spillman. Customer may not translate,modify,reverse assemble,reverse compile,or otherwise reverse engineer the Software. 8.3 Competitive Use. Customer may not utilize or permit a third party to access or utilize any part of the Software(including the Utilities)in any manner that competes,directly or indirectly,with any product or service provided by Spillman.This includes,without limitation,using the Software(or its Utilities) to develop any software, interfaces, or other products that compete with Spillman s products or services,or using interfaces or other products connecting to the database of the Software in connection with a third party's competing product. 8.4 Limitations on Service Bureau Work and Sharing Arrangements. No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized in writing by Spillman as set forth in Section 4.4. Customer may not install the Software in any other computer system or use it at any other location without Spillman's express authorization obtained in advance(which will not be unreasonably withheld). 8.5 Inspection. Customer hereby authorizes Spillman to enter Customer's premises in order to inspect the Software in any reasonable manner during regular business hours,with or without prior notice,to verify Customer's compliance with the terms of this Agreement. 6 Page 660 of 1712 Section 9: Confidential Information 9.1 Confidentiality Terms. Each party shall keep confidential all Confidential Information provided to it by the other party, and shall not use such Confidential Information for any purpose other than the proper purposes contemplated by this Agreement.A party may disclose Confidential Information only to its employees and contractors who need to know such information,and who are also bound to keep such information confidential. A party may also disclose Confidential Information to the extent required by the open records act or other freedom of information laws or regulations,provided that it gives the other party reasonable prior notice of such disclosure and,if feasible,the opportunity to object to or seek to limit such disclosure. Each party shall give the other party's Confidential Information at least the same level of protection as it gives its own confidential information of similar nature,but not less than a reasonable level of protection. 9.2 Restrictions on Disclosure. Customer must not disclose the Software,its Documentation, or any other Spillman documentation, (i)to any competitor of Spillman,or(ii)to any other third party unless it has a need to know such information for the proper purposes of this Agreement. Section 10: Utilities; Restrictions on Usage 10.1 Utilities. Spillman provides certain software Utilities as part of the Software. Spillman may add, modify, or remove Utilities from the Software during the term of this Agreement. The Utilities contain material that is proprietary to Spillman and/or its licensors, and may be used only as permitted by this Agreement. 10.2 Use Of Utilities. Customer is permitted to use the Utilities for read-only operations in connection with the authorized use of the Software, but may not allow third parties to use the Utilities unless an authorized official of Spillman consents in writing. With the exception of Open Data Base Connectivity(ODBC),Customer is NOT permitted to utilize the Utilities or any other software tools to write to Spillman's database in any manner, due to the potential for data corruption and system slowdown or damage. Due to the potential for data corruption and system slowdown or damage, Customer agrees that it does so solely at its own risk. 10.3 Disclaimer. Spillman permits customers to use the Utilities,but solely at the customers'own risk. Spillman is NOT responsible for any breach of warranty, damages to the Software or its database, data corruption, support issues, security issues or performance issues arising out of Customer's or a third party's use of the Utilities (even if permitted by Spillman) or use of any other software not specifically licensed in this Agreement (including any third party querying or writing to the database). Section 11: Limited Warranty and Limitation of Liability; Indemnification 11.1 Functionality. Spillman warrants for a period of 12 months (the "Warranty Period"), and for Customer's benefit alone,that the Software conforms in all material respects to the specifications for the current version of the Software provided by Spillman.The Warranty Period will begin upon the earlier of(i)the date of Customer's cutover to live operation of the Software(Go-live);or(ii)twelve (12) months after the Effective Date. This warranty is expressly conditioned on Customer's 7 Page 661 of 1712 observance of the operation, security, and data-control procedures set forth in the Documentation included with the Software. 11.2 Limitations. Spillman is not responsible for obsolescence of the Software that may result from changes in Customer's requirements. The warranty set forth in Section 11.1 shall apply only to the most current version of the Software issued by Spillman. Customer must notify Spillman of any warranty issues or breaches within the Warranty Period; after the end of the Warranty Period, Software errors and defects will be handled under Exhibit A (Maintenance and Support Agreement). Issuance of updates does not result in a renewal or extension of the Warranty Period. Spillman assumes no responsibility for the use of superseded,outdated, or uncorrected versions of the Software. Such warranty also excludes non-performance issues that result from third party hardware or software malfunction or defect;modification of the Software by any person other than Spillman, or defects or problems that are outside the reasonable control of Spillman. Customer will reimburse Spillman for its reasonable time and expenses for any services provided at Customer's request to remedy excluded non-performance issues. Additionally, Spillman is not responsible for any problems or errors with the Software or Customer's system resulting from use of the ctperl or dbload Utilities in any manner other than read-only. Customer expressly acknowledges that any use of the "write' or "update' features of these Utilities may damage Customer's database or cause other problems with its system. 11.3 Remedies. As Customer's exclusive remedy for any material defect in the Software for which Spillman is responsible, Spillman shall use reasonable efforts to correct or cure any reproducible defect by issuing corrected instructions, a fix or a workaround. In the event Spillman does not correct or cure such nonconformity or defect after Spillman has had a reasonable opportunity to do so,Spillman's liability shall be limited to the amount paid as the license fee for the defective or non- conforming module of the Software. Spillman shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Software if Customer has made any changes whatsoever to the Software,if the Software has been misused or damaged in any respect,or if Customer has not reported to Spillman the existence and nature of such nonconformity or defect promptly upon discovery thereof. 11.4 Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SPILLMAN AND ITS LICENSORS DISCLAIM ANY AND ALL PROMISES,REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS,TITLE,NON-INFRINGEMENT,AND ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Customer agrees that Spillman is not responsible, and Spillman disclaims all liability,for any claims or damages arising out of or related to any unauthorized persons hacking into or accessing Customer's database or the Software. 11.5 Limitation of Liability. THE CUMULATIVE LIABILITY OF SPILLMAN AND ITS LICENSORS TO CUSTOMER FOR ALL CLAIMS RELATING TO THE SOFTWARE AND THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO SPILLMAN HEREUNDER. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. Spillman shall have no liability for the loss of data or documentation, it being understood that Customer is responsible for reasonable backup precautions. 8 Page 662 of 1712 11.6 Limitation of Damages. IN NO EVENT SHALL SPILLMAN AND ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST CUSTOMER BY THIRD PARTIES, EVEN IF SPILLMAN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. 11.7 Indemnification. A. General Indemnification. Spillman agrees to defend, indemnify and hold harmless, the City of Boynton Beach, Florida, its officers, commissioners, employees, and agents and volunteers agents who are users of the Software furnished, against any and all claims arising from any personal injuries, death, or damages to tangible property caused by the negligence or willful misconduct of Spillman, its agents or employees, and Spillman will pay any final judgment or amounts agreed in settlement, including, any reasonable attorneys' fees, costs and expenses. The foregoing excludes any claims related to the functionality or use of, or bugs or errors in, the Software provided by Spillman, which shall be governed solely by the terms of Spillman's license agreement. The City shall provide reasonable notice to Spillman after receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of Spillman hereunder, for which the City may be entitled to a defense or indemnity by Spillman, under the provisions of this Contract. Spillman shall have the right to control the defense of any such claim, suit, or actions. The City shall provide such information and assistance as is necessary to enable Spillman to defend, compromise or settle such claim. Spillman shall also be liable to the City for all reasonable costs, expenses, attorneys'fees and damages which may be incurred or sustained by the City by reason of Spillman's breach of any of the provisions of the contract. A. Intellectual Property Spillman agrees to defend Customer against any and all third party claims, demands, lawsuits or legal actions arising out of any actual or alleged infringement of any U.S. copyright, or patent misappropriation of trade secret or trademark, by the Software furnished, and Spillman will pay any damages, costs and expenses (including reasonable attorneys'fees) finally awarded in such action or paid to settle the action. Spillman will not be required to indemnify Customer unless (i) Customer promptly notifies Spillman of any such claim; (ii) Customer gives Spillman sole control of the defense and all settlement negotiations, and the authority to represent Customer in defending the claim; and (iii) Customer provides Spillman with any information and assistance that Spillman reasonably requests in defending against the claim. Customer may, at its option and expense, be represented by separate counsel in any such action. If a court or 9 Page 663 of 1712 other legal authority finds that any part of the Software infringes on a third party's intellectual property rights, or if Spillman believes that it infringes, Spillman will use reasonable efforts to obtain a license under the rights that have been infringed, to modify the Software so it is no longer infringing, or to provide to Customer substitute software that is non-infringing; provided that if in Spillman's judgment such options are not commercially reasonable, Spillman may terminate the license for the Software or the infringing portion thereof upon written notice to Customer. Spillman will have no liability for infringement arising out of modification of the Software by any party other than Spillman, use of an outdated version of the Software, or the combination or use of the Software with any other software, hardware, equipment, product, or process not furnished by Spillman, if use of the Software alone and in its current, unmodified form would not have been an infringement. Spillman is not liable for any infringement claims based upon Third Party Software or hardware. This Section 11.7 states Spillman's entire obligation with respect to any claim for infringement or misappropriation of any third party intellectual property rights. Section 12: Term of Agreement; Termination 12.1 Term Of Agreement. Customer's license of the Software shall become effective upon the execution of this Agreement and shall continue perpetually unless otherwise terminated as provided herein. 12.2 Support Required. Customer is required to continue purchasing support and maintenance services from Spillman throughout the term of this Agreement, as a condition to the license of the Software under this Agreement. This Agreement shall automatically terminate if Customer ceases paying the required fees for maintenance and support of the Software,unless Spillman terminates the Support Agreement without cause. 12.3 Termination without Cause. Customer may terminate this Agreement at any time upon ninety (90) days' prior written notice to Spillman, without cause, subject to any outstanding obligations and financial commitments of Customer under this Agreement (e.g., Customer's obligation to pay license fees is not rescinded by such termination). 12.4 Termination for Cause. Either party may terminate this Agreement,in addition to seeking any other available remedies,if the other party breaches any material term of this Agreement—including the Support and Maintenance Agreement (Exhibit A) or any Statement of Work executed by the parties — and does not correct such breach within thirty (30) days following written notice of the breach from the other party.Repudiation or failure to accept the Software without cause constitutes a material breach of this Agreement. In addition to or in lieu of termination, a party may seek any other remedies that may be available at law or in equity. 12.5 Termination for Loss of Funding. Customer may also terminate or suspend this Agreement upon thirty(30) days prior written notice in the event of the elimination of an appropriation for,or the non-availability of, sufficient funds for the purposes of this Agreement. In such case Spillman 10 Page 664 of 1712 will be entitled to recover from Customer, upon appropriate documentation, the costs of all labor performed up to and including the effective date of the termination,profit on all labor performed up to and including the effective date of termination, and the cost of all materials and supplies that have been purchased. 12.6 Effect of Termination. Upon termination of this Agreement, all rights granted to Customer will terminate and revert to Spillman and/or its licensors. Promptly upon termination of this Agreement for any reason or upon discontinuance or abandonment of Customer's possession or use of the Software, Customer must return or destroy, as requested by Spillman, all copies of the Software in Customer's possession (whether modified or unmodified), and all related Documentation,Confidential Information and other materials pertaining to the Software(including all copies thereof). Customer agrees to certify Customer's compliance with such obligation upon Spillman's request.Customer will permit Spillman to repossess the Software and any products sold hereunder for which Customer has not fully paid the license fees or purchase price, as applicable. If Customer has any outstanding payment obligations under this Agreement, Spillman may accelerate and declare all such obligations of Customer immediately due and payable by Customer as a liquidated sum and proceed against Customer in any lawful way for satisfaction of such sum. The terms of Sections 2.2, 3.2, 5.2, 5.3, 9, 10.3, 11.4, 11.5, 11.6, 11.7, 12.6 and 13 shall survive termination of this Agreement. Section 13: Miscellaneous 13.1 Entire Agreement — Amendment. This Agreement, together with its exhibits, which are attached hereto and incorporated herein by reference, constitutes the complete agreement between the parties with respect to the Software and other subject matter hereof. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of each party. 13.2 Assignment. Customer may not assign or transfer this Agreement or any of its rights or duties hereunder to any third party without Spillman s prior written consent. 13.3 Governing Law. This Agreement will be governed by the laws of the state where Customer's primary facility is located, not including conflicts of laws provisions. In any legal action between the parties,the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees from the other party. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. 13.4 No Waiver. Any waiver by either party of a default or obligation under this Agreement will be effective only if in writing. Such a waiver does not constitute a waiver of any subsequent breach or default. No failure to exercise any right or power under this Agreement or to insist on strict compliance by the other party will constitute a waiver of the right in the future to exercise such right or power or to insist on strict compliance. 13.5 Injunctive Relief. Customer acknowledges that,in the event of Customer's breach of any of the confidentiality terms or scope of use restrictions in this Agreement,Spillman will not have an adequate remedy in money or damages.Spillman shall therefore be entitled to obtain an injunction against such 11 Page 665 of 1712 breach from any court of competent jurisdiction immediately upon request,without the necessity of posting bond,in addition to any other remedies that may be available at law or in equity. 13.6 Limitation of Actions. No action,whether based on contract, strict liability,or tort,including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than three (3) years after such cause of action occurred. However,action for nonpayment may be brought within three(3)years of the date the last payment was received by Spillman. 13.7 Notices. Any notices required or permitted under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, with proper postage affixed,or sent by commercial overnight delivery service with provisions for a receipt. 13.8 Severability. If any term of this Agreement is held to be invalid or void by any court or tribunal of competent jurisdiction, it shall be modified by such court or tribunal to the minimum extent necessary to make it valid and enforceable. If it cannot be so modified,it shall be severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect. 13.9 Force Majeure. A party shall be excused from delays or failure to perform its duties, other than payment obligations,to the extent such delays or failures result from acts of nature, riots,war, acts of public enemies,fires,epidemics,labor disputes,or any other causes beyond its reasonable control. The parties will promptly inform and consult with each other as to any of the above causes that in their judgment may or could be the cause of a substantial delay in the performance of this Agreement. Either party may,in its discretion,terminate this Agreement if a delay in performance by the other party exceeds or is reasonably expected to exceed six(6)months. 13.10 Export. In the event export of the Software is expressly permitted in writing by Spillman, Customer may only export the Software (including any related materials) as authorized by U.S. law and any other applicable jurisdiction.In particular,the Software may not be exported into any country where such export is prohibited by law,regulation,or governmental order. 13.11 U.S. Government Restricted Rights. Any software obtained for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions in accordance with FAR 12.211(Technical Data)and FAR 12.212(Software)and,for Department of Defense transactions, DFAR 252.227-7015 (Technical Data — Commercial Items) and DFAR 227.7202-3(Rights in Commercial Computer Software or Computer Software Documentation). Spillman desires that Customer be confident that the Software will suit Customer's needs. Although Customer must make that determination,Spillman is prepared to fully discuss the Software with Customer and answer questions. By executing this Agreement, Customer acknowledges that it has been given an adequate opportunity to investigate Customer's computer and Software needs and that based on its examination of the Software,Customer finds the Software to be satisfactory. 12 Page 666 of 1712 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. This Agreement is not effective, and the license of the Software will not commence,until it has been executed by an authorized representative of both Customer and Spillman. Accepted and Approved by: The City of Boynton Beach Signature: Print Name: Title: Date: Spillman Technologies, Inc. Signature: Print Name: Title: Date: 13 Page 667 of 1712 Exhibit A Maintenance and Support Agreement This Maintenance and Support Agreement (the "Support Agreement"), dated effective as of the date this Agreement is signed by both parties below, is by and between Spillman Technologies, Inc. ("Spillman") and The City of Boynton Beach ("Customer"). In connection with the Purchase and License Agreement between the parties (the "License Agreement"), Customer desires to purchase from Spillman certain maintenance and support services for the Software. All capitalized terms used and not otherwise defined herein shall have the meanings set forth in the License Agreement. In consideration of the mutual agreements set forth herein, the sufficiency of which is hereby acknowledged,the parties agree as follows: Section 1: Definitions 1.1 "Coverage Hours" means the hours between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday,excluding regularly scheduled holidays of Spillman. 1.2 "Enhancement" means any modification or addition that,when made or added to the Software, changes its utility,efficiency,functional capability,or application,but that does not constitute solely an Error Correction. Spillman may designate Enhancements as minor or major, depending on Spillman's assessment of their value and of the function added to the preexisting Software. 1.3 "Error" means any failure of the Software to conform in all material respects to its functional specifications as published from time to time by Spillman, subject to the exceptions set forth in Section 4. 1.4 "Error Correction"means either a software modification or addition that,when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity. Error Correction services are subject to the exceptions set forth in Section 4. 1.5 "Releases" means new versions of the Software containing Error Corrections and Enhancements, where there is a change in the version number either to the left or immediately to the right of the decimal.Spillman s current numbering system is to designate Release versions by the year to the left of the decimal,and by the Release number in that year to the right of the decimal(e.g.,2017.1,2017.2,and 2017.3).For reference,the two Releases of the Software prior to version 2017.1 are versions 6.1 and 6.2. 1.6 "Response Time" means six (6) or less Coverage Hours, from the time Customer first notifies Spillman of an Error until Spillman initiates work toward development of an Error Correction. 1.7 "Support Term" means the entire period during which Customer is receiving support services for the Software under the terms of this Support Agreement,beginning on the installation date of the Software.Support services are included during the Software's Warranty Period,as defined in Section 11.1 of the License Agreement, which is the "Initial Support Term." Thereafter, the Support Term shall automatically renew for successive periods of one year each, unless and until terminated Page 668 of 1712 pursuant to Section 8 hereof. In no event,however, shall the Support Term extend beyond the term of the License Agreement. Section 2: Eligibility For Support 2.1 Support Termination. Spillman's obligation to provide the support and maintenance services described in this Support Agreement with respect to the Software may be terminated pursuant to Section 8.2.2 or suspended, at Spillman's discretion, if at any time during the term of this Support Agreement any of the following requirements are not met: 2.1.1 The License Agreement must remain valid and in effect at all times; 2.1.2 The Software must be operated on a hardware platform, operating system and version approved by Spillman; and 2.1.3 Customer must be current on payment of maintenance and support fees. 2.2 SAA Replacement. Spillman may require Customer to appoint a new Spillman Application Administrator ("SAA") in order to continue receiving support services or increase Customer's support fees, if Spillman reasonably determines that the acting SAA does not have the training or experience necessary to communicate effectively with Spillman support personnel. Section 3: Scope of Services During the Support Term, Spillman shall render the following services in support of the Software, during Coverage Hours: 3.1 Support Center. Spillman shall maintain a Support Services Control Center capable of receiving from the SAA reports of any software irregularities,and requests for assistance in use of the Software. 3.2 Services Staff. Spillman shall maintain a trained staff capable of rendering support services set forth in this Support Agreement. 3.3 Error Correction. Spillman shall be responsible for using all reasonable diligence in correcting verifiable and reproducible Errors when reported to Spillman in accordance with Spillman's standard reporting procedures. Spillman shall, after verifying that such an Error is present, initiate work within the Response Time in a diligent manner toward development of an Error Correction. Following completion of the Error Correction, Spillman shall provide the Error Correction through a"temporary fix" consisting of sufficient programming and operating instructions to implement the Error Correction, and Spillman shall include the Error Correction in all subsequent Releases of the Software. Spillman Technical Services supports two (2) releases back from the most recent release. However, Spillman may, but is not obligated to, provide Error Corrections for any release of the Software other than the most recent production release. Additionally, Spillman may require the customer to move to the most current production release. Page 669 of 1712 3.4 Software Releases. Spillman may, from time to time,issue new Releases of the Software to its Customers generally, containing Error Corrections, minor Enhancements, and, in certain instances, if Spillman so elects, major Enhancements. Spillman reserves the right to require additional license fees for major Enhancements. Spillman shall provide Customer with one copy of each new Release, without additional charge.Spillman shall provide reasonable assistance to help Customer install and operate each new Release, provided that such assistance, if required to be provided at Customer's facility,shall be subject to the supplemental charges set forth in Spillman's current Fee Schedule.The current fee schedule for Technical Services is as follows: -Custom Support$168 per hour -After Hours Support Monday—Saturday$247.50 per hour -After Hours Support Sunday and Holidays$226 per hour The Customer will be made aware of circumstances where fees might apply, prior to any work commencing. 3.5 Enhancements. Spillman shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional services pertaining to the Software (including, without limitation, data conversion and report-formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplemental charges mutually agreed to in writing by Spillman and Customer. Section 4: Services Not Covered by this Support Agreement The services identified in this section are NOT covered by this Support Agreement. Spillman strongly recommends that Customer secure a separate support agreement with third party vendors for all non- Spillman products. Spillman may,in its discretion,provide such services to Customer upon request,for an additional fee as the parties may agree in writing. 4.1 Thi rd Party Products. Spillman will not provide support for any third party products,including hardware,or support for hardware failure due to the use of any third party products. Spillman may in its discretion provide first-line support for Third Party Software distributed by Spillman; if not, Spillman will refer Customer to the vendor of such software for resolution of support issues. 4.2 Customized Interfaces and Software. Spillman's standard support does not include support for any custom interfaces or other customized Software developed by Spillman or any third party for Customer. Support and maintenance services for customized Software are subject to an additional support fee, if agreed in writing between the parties. Such support and maintenance services include bug fixes and minor modifications to the custom interface or software.They do NOT include major revisions or rewrites, such as those required to make a custom interface work with a new or upgraded version of the applicable third party software. Custom interfaces and support therefore are specific to the designated version of the applicable third party software or system.Any major changes to such third party software or system will require a new custom quote for Spillman to modify the custom interface to work with the new version of the third party software or system. Spillman's support fees may also differ for the new version of the custom interface. Page 670 of 1712 4.3 Network Failures. Spillman will not provide support for any network failures or problems including, but not limited to, cabling, communication lines, routers, connectors, and network software. 4.4 Data Recovery. Spillman's standard support does not include restoration and/or recovery of data files and/or the operating system. Spillman will, upon request of Customer and subject to its then- current fees for such services,use reasonable efforts to assist Customer in recovering lost data. 4.5 Unauthorized Use. Spillman will not provide support where the problem arises out of any breach of warranty, damages to the Software or its database, data corruption, or support issues, security issues, or performance issues arising out of Customer's or a third party's use of the Utilities or any software not specifically licensed by Spillman to Customer for use in connection with the Software. Any assistance provided by Spillman in resolving such problems shall be charged to Customer on a time and materials basis. Additionally, any unauthorized use of the Utilities or other software in connection with the Software by Customer (or by a third party with Customer's knowledge)may result,at Spillman's sole option,in voidance of warranties,an increase in the annual maintenance and support fees under this Support Agreement,and/or loss of rights to upgrades under this Support Agreement. 4.6 Database Modifications. Spillman will not provide support for any damages to or problems with the Software or its database, data corruption, support issues, security issues, or performance issues arising from Customer's utilization of the "write'feature of the ODBC interface to write to or modify the database in any way. 4.7 Misuse or Damage. Spillman will not provide support for Software problems caused by Customer misuse, alteration or damage to the Software or Customer's combining or merging the Software with any hardware or software not supplied by or identified as compatible by Spillman, customizing of programs,accident,neglect,power surge or failure,lightning,operating environment not in conformance with the manufacturer's specifications (for electric power, air quality,humidity or temperature),or Third Party Software or hardware malfunction. 4.8 Operating System. Spillman is not responsible for supporting, configuring, maintaining, or upgrading the operating system,including,but not limited to,backups, restores, fixes, and patches, or for providing assistance with problems caused by operating system installation, configuration, errors,maintenance or repair,or using incorrect versions of the operating system. 4.9 Onsite Visits. Onsite service visits to Customer's facility by Spillman are subject to additional charges, as set forth in Section 7.5. 4.10 Printers. Spillman is not responsible for supporting printers connected to the back of terminals/personal computers (commonly called pass-through printing) or network printers are not supported by Spillman. Page 671 of 1712 Section 5: Obligations of Customer 5.1 Software Connectivity. Customer must maintain and provide, at no cost to Spillman, a CJIS- approved broadband internet connection to the server used with the Software, 24 hours per day, 7 days per week,to facilitate remote support utilities enabling Spillman support personnel to connect to and provide assistance with the server used with the Software.Third party connectivity tools,such as client VPN software, which must be installed on Spillman equipment, cannot be required by Customer. No unescorted virtual access will be permitted. 5.2 Customer Representative During Onsite Visits. Customer's SAA or another authorized representative of Customer must be present when any onsite support is provided. Customer agrees that if such representative is not present when the Spillman representative arrives onsite, the Spillman representative shall notify an appropriate representative of Customer,if feasible,that there is no Customer IT representative present. If Customer's IT representative does not arrive within a reasonable time,no work will be performed and Customer will be charged for Spillman s expenses relating to the visit. If Spillman's onsite support person determines that changes to Customer's system(hardware or software) are required or advisable,it will inform Customer's representative.If such representative is not authorized to make or approve changes to Customer's system, as applicable,Customer will promptly make available such a person. 5.3 English Language. All communications between Customer and Spillman must be in the English language. 5.4 SAA Assignment. Customer is responsible for providing one or more qualified Spillman Application Administrators as described in Section 6 of this Support Agreement. At least one authorized representative,as specified in Appendix 1 attached hereto,must be available at all times; however, after-hours availability is required only when and if Customer is requesting after-hours support from Spillman. 5.5 Security. Customer is responsible for providing all network and server security. 5.6 Error Information. Customer must provide Spillman with information sufficient for Spillman to duplicate the circumstances under which an Error in the Software became apparent. 5.7 CJIS Compliance. Customer is responsible for its own adherence to the FBI Criminal Justice Information Services (CJIS) Security Policy,the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (to the extent applicable) and any other applicable security and privacy laws and regulations. Spillman will reasonably cooperate with Customer in connection therewith. Section 6: SAA and Support Contact Requirements 6.1 Certification. Customer's designated SAA must be certified by Spillman within one year of the date of Customer's cutover to live operation of the Software ("Go-live'). The designated SAA must meet the following requirements in order to certify at the basic level: Page 672 of 1712 6.1.1 Attend and participate in, and successfully pass the final written and practical examinations from the following courses within one hundred twenty (120) days of installation of the Software: i. System Introduction—Inquiry, ii. System Introduction—Data Entry&Modification, iii. Basic System Administration, and iv. General training applicable to the Software used by Customer. 6.1.2 Pass the Basic SAA exam within one year after the agency's Go-live date. 6.2 SAA Training Costs. Customer will be responsible for the costs of such training,including any course fees,travel, and lodging expenses. 6.2.1 In the event that Boynton Beach host a regional SAA certification course, Spillman will waive the course certification fee for Boynton Beach Personnel. 6.3 SAA and Support Contact Information. Contact information for Customer's SAA(s) and other authorized support contacts must be provided by Customer to Spillman s Technical Services department. Any changes to Customer's SAA and support contacts names and contact information must be promptly provided to Spillman's support department. 6.4 Qualifications. Each designated SAA and Customer support contact must be qualified to address, or have other support resources to address, without the aid of Spillman, all problems relating to hardware,software,or operating system not directly associated with the Software. Section 7: Fees and Charges 7.1 Support Fees. During the Initial Support Term,support services are included as part of the initial purchase price paid by Customer. Thereafter,Customer shall pay Spillman the support fee identified in Exhibit B (Purchased Products and Services) or Spillman support invoice, and any other charges or fees described herein. Spillman reserves the right to change its support fee,effective upon no less than 90 days written notice to Customer prior to the end of the current annual period. 7.2 Support Fee Invoices. Spillman shall invoice Customer for annual Support Fees at the beginning of each contract year. In the event that additional billable work is performed, all billable charges and expenses will be invoiced to Customer at the beginning of the month following the month in which those charges and expenses accrued or were incurred. Customer shall pay the invoiced amounts immediately upon receipt of such invoices. Any amount not paid within thirty (30) days after the invoice date shall bear interest at the rate of eighteen(18)percent per year or the highest rate allowed by applicable law,whichever is less. 7.3 Equipment Fees. Customer shall be responsible for and agrees to pay the fees and charges incurred for procuring, installing, and maintaining all equipment, telephone lines, modems, communications interfaces,networks, and other products necessary to operate the Software. Page 673 of 1712 7.4 After-Hours Charges. Customer agrees to pay additional charges according to the Spillman Fee Schedule for all work required by Customer and performed outside of Coverage Hours. These charges are applicable for any work performed outside of the Coverage Hours, REGARDLESS OF THE CAUSE, even if the requested work was reported and/or initiated during normal Coverage Hours. 7.5 Onsite Support If Customer requests onsite support services,Customer shall reimburse Spillman for all labor,travel, and related expenses incurred by Spillman in providing such support services. 7.6 Additional Fees. Additional support fees may be required by Spillman if there is a significant increase in Customer's size with respect to use of the Software. An increase in size may arise either out of Customer's internal growth or out of a Host Agency/Shared Agency arrangement as described in Section 4.4 of the License Agreement,if applicable. Relevant factors include number of employees, number of dispatchers and/or number of jail beds. Payment of such additional Support Fees is due within thirty(30)days of the date of the invoice for such fees. Such fees will be prorated,based upon the date during the contract year the increase in Customer's size occurred. Additionally, Spillman may adjust support fees based on changes in (1) additional licenses or modules purchased by Customer,(2)Customer's hardware,(3)the Coverage Hours selected by Customer,or(4)Customer's violation of the restrictions set forth in Section 4.5 of this Support Agreement. Section 8: Termination 8.1 Automatic Termination. This Support Agreement shall automatically terminate immediately upon termination of the License Agreement for any reason. 8.2 Termination by a Party. Either party may terminate this Support Agreement as follows: 8.2.1 If either Spillman or Customer provides a written notice to the other party, at least 90 days prior to the end of the then-current Support Term, of its intent to terminate this Support Agreement at the end of such Support Term;or 8.2.2 Upon 30 days prior written notice, if the other party has materially breached any provision of this Support Agreement and the offending party has not cured such breach within the 30-day notice period. 8.3 Final Invoicing upon Termination. Following termination of this Support Agreement, Spillman shall immediately invoice Customer for all accrued fees, charges, and reimbursable expenses; and Customer shall pay the invoiced amount immediately upon receipt of such invoice. Section 9: General 9.1 Incorporation of General Terms. The terms of Section 11: Limited Warranty and Limitation of Liability; Indemnification and Section 13: Miscellaneous of the License Agreement are hereby incorporated into this Support Agreement by reference;provided, however,that for any breach by Spillman or claim against Spillman arising under this Support Agreement, Spillman's cumulative liability will be limited the support fees paid by Customer to Spillman during the preceding twelve (12)month period. Page 674 of 1712 IN WITNESS WHEREOF, the parties have caused this Support Agreement to be executed by their duly authorized representatives as set forth below. The City of Boynton Beach Signature: Print Name: Title: Date: Spillman Technologies, Inc. Signature: Print Name: Title: Date: Page 675 of 1712 flhm S pt,e1 technologies,inc. City of Boynton Beach, FL, a Motorola Solutions Company Exhibit B Purchased Products and Services sMman' Boynton Beach Police Dept. technologies, inc. Integrated Public Safety Software Purchase Agreement a Motorola Solutions Company Expiration Date: December 29, 2017 Prepared By: Russell Andrus Software, Inclusions Price Total Software $730,565 Total Professional Services/Implementation $175,375 Hardware and Data Conversion $90,872 Motorola l tl n I Program l c nt (Details $71g 812 included at the n f this rice proposal) Project Grand Total $925,000 Ongoing IncluSloi1S Price First Year of Maintenance Included Second Year of Maintenance $85,849.17 Third Year of Maintenance $88,424.65 Fourth Year of Maintenance $91,077.39 Fifth Year of Maintenance $93,809.71 Sixth Year of Maintenance $96,624.00 Spillman agrees to maintenance reduction and a °A cap on annual maintenance increase for subsequent years on all products listed within this agreement, as part of the t r la Solutions VIP Program. 1 Page 676 of 1712 flhm S pt,e1 technologies,inc. City Of Boynton Beach, FL, a Motorola Solutions Company System Core (Hub) 77T 77777 M©dines Licensing Price Master Tables - Name, Vehicle & Property • Stores all system information,which can be accessed from one Site License $79,552 central repository.Including master name,vehicle and property StateLink - FCIC/NCIC • Easily query State and National databases from within the system Site License $29,450 GIS • Integrates GIS data with CAD,Mobile and RMS Site License $0 Data Replication • Pull data from live database into a replicated secondary database for Site License $0 reporting Learning Management System (LMS) • Allows users to have continued training and ease of training new Site License $3,602 hires and easy refresher training Message Center • Integrated message center for ease of department wide Site License $0 communication Warrants • Store and track outstanding warrants and communicate with RMS Site License $0 and CAD Imaging & File Attachment • Easily attach and view images and various file attachments Site License $24,542 Insight (Data Sharing Tool) • Share data with surrounding agencies utilizing Spillman's Insight Site License $14,724 tool Crystal Reports • Allows users to pull statistics from Spillman utilizing Crystal Site License $563 Reports System Core (Hub) Total: $152,433 2 Page 677 of 1712 flhm S pt,e1 technologies,inc. City Of Boynton Beach, FL, a Motorola Solutions Company Computer—Aided Dispatch (CAD) 7T 77777 M©doles Licensing IPrice CAD • All system modules are fully integrated,dispatchers can easily Site License $49,079 access data from any table with a single login CAD Mapping, Pin Mapping and AVL • Provides users with powerful access to location and call information Site License $24,830 based on full integration with the CAD system E9-1-1 Interface • Populates ANI/ALI automatically into the Spillman CAD system Site License $7,362 Response Plans • Provides dispatchers with a pre-determined list of response Site License $24,542 assignments and instructions for various incidents Premises and HazMat Information • Allows dispatch to quickly access premise and hazmat information Site License $14,724 for location of incident ProQA Interface • Interface with the ProQA Medical product to allow for seamless call Site License $18,751 handling Alarm Tracking and Billing • Easily track alarms and false alarms with the ability to bill those Site License $14,724 locations Rapid Notification (Rip n Run) • Allows users to configure based on call nature and the station to send emails or texts to smartphones,faxes,or a message to a Site License $18,751 network printer CAD Management Dashboard • Quickly access and view the current statistics and call data related to Site License $15,194 Dispatch CAD Total: $187,957 3 Page 678 of 1712 flhm S pt,e1 technologies,inc. City Of Boynton Beach, FL a Motorola Solutions Company Spillman Mobile Mcalules Licensing Brice Mobile Records • Provides field system data access without officers leaving the vehicle Site License $18,751 or requiring dispatcher assistance Mobile Law and Field Interview Forms • Enables officers to quickly complete forms directly from the patrol Site License $24,542 vehicle Mobile Mapping and AVL • Tracks the location of all fleet units in real-time through Global Site License $18,751 Positioning System(GPS)receivers Mobile Quickest Route • Utilize GPS and GIS data to provide units with quickest routes for Site License $12,270 each call FL TraCS Interface • Interface with FL TraCS for all accident and citation reporting Site License $41,656 Mobile Voiceless Dispatch (Mobile CAD) • Enables personnel to quickly update status,as well as add/view call Site License $18,751 comments Spillman Touch (Smartphone/Tablet) • Provides access to dispatch information,and receiving call assignments using a mobile device as well as searching for name, Site License $24,542 vehicle,property,and incident records from a mobile device Mobile Premise & HazMat • Quickly access premise and hazmat information for location of Site License $7,362 incident Mobile State and National Queries • Allows users to search databases for name,vehicle,property,guns, Site License $18,751 and wanted person records and images Spillman Mobile Total: $185,376 ± 4 Page 679 of 1712 flhm S pt,e1 technologies,inc. City of Boynton Beach, FL, a Motorola Solutions Company Records ■ 77 M©dules Licensing Price RMS (Law Records) • Consolidates all law incident records into one database Site License $49,075 Evidence Management • Maintains complete and accurate chain of custody for all evidence Site License $23,966 received Evidence Barcode and Audit - includes 2 barcode equipment bundles • Allows for simplified data entry,precise labeling,and hand-held Included in Site License auditing of storage locations Evidence UCR/NIBRS Reporting • State UCR interface and NIBRS interface Site License $29,450 Traffic Information and Citations • Delivers consistent,accurate data for shaping sound traffic safety Site License $14,724 procedures Pin Mapping • Provides accurate and timely data to analyze incidents and crime Site License $14,724 trends Offender Tracking • Track SORNA information,including offense records and risk levels Site License $14,724 Personnel • Prevents redundant entry of information based on system-wide Site License $14,724 integration CompStat Management Dashboard • Quickly access and view the current statistics and crime trend Site License $43,412 analysis of the department RMS Total: $204,799 5 Page 680 of 1712 flhm S pt,e1 technologies,inc. City of Boynton Beach, FL a Motorola Solutions Company Hardware • Data • • Products Pki6& Hardware -3: 800GB SSD Drives (2.5in)for Storwize 3700 SAN(2072-24C-ACMF) -6: 2TB 7.2 2.5 Inch NL HDD for Storwize 3700(ACLU) -24: 16GB (1x16GB,2Rx4, 1.5V) PC3-14900 CL13 ECC DDR3 1866MHz LP RDIMM 24 (OOD5048) $49,882 -6: VMware vSphere Enterprise Plus (v. 6)-upgrade license- 1 processor(VS6-STD- EPL-UG-C CDW) -12: VMware Support and Subscription Production-technical support-for VMware (VS6-OEPL-P-SSS-C) Data Conversion $40,990 -See attached scope of work for details of this conversion Hardware, Third Party & Interfaces Total: $90,872 6 Page 681 of 1712 flhm S Pt1 technologies,inc. City of Boynton Beach, FL, a Motorola Solutions Company Professional and Implementation Services With over 35 years of experience and more than 1,900 customer agencies throughout the United States, Spillman has a long history of maintaining successful business partnerships. During Spillman's time providing public safety solutions, we have an unprecedented implementation success rate. Professional Services be 0a rtIment Rr;iCe Project Management - Up to 678 Hours of service and on-site approximately 5 times • All of Spillman's project managers are PMP-certified by the PMI • Single point of contact coordinates each project milestone from start to finish GIS Specialist • GIS Specialists train agency personnel Geobase set up and operation • Trainers are onsite to help build the system's street and address database Installation - Technicians provide up to 725 hours of services and on-site approximately 2 times • Installation team installs the Spillman software,as well as tests, adjusts,and configures the operating system • Manages server configuration,oversees system installation,and coordinates installation of external interfaces Training - Provide up to 589 hours of services and on-site approximately 25 times • Onsite during implementation to teach every employee how to effectively use all Spillman applications • Trainers troubleshoot live databases,identifying best practices for improvement Go-live • The Spillman project manager and training personnel provide onsite hands-on assistance at Go-live to ensure a successful transition to the Spillman software Customer Support • Achieved a 39%success rate with our one-call initiative—support needs were resolved in a single call Ongoing Training and Services • Access to Spillman Learning Management System(LMS)to allow for continued training and ease of training new hires and easy refresher training Professional Services Total*: $175,375 *Professional Services Total includes all travel and per-diem for implementation 7 Page 682 of 1712 flhm S pt,e1 technologies,inc. City of Boynton Beach, FL a Motorola Solutions Company The following payment terms reflect when the Customer will pay Spillman. Milestones will be completed and verified by the Customer prior to payment to Spillman. Boynton Upon Contract Signing 20% $185,000 Onsite Pre-Implementation Meeting with Project $185,000 Manager 20% Installation of Hardware 20% $185,000 Installation of State Specific and third party Interfaces 10% $92,500 Project Go-live 30% $277,500 Grand Total 100% $925,000 If Boynton Beach finances the purchase the above milestones may be subject to change. 8 Page 683 of 1712 flhm S pt,e1 technologies,inc. City of Boynton Beach, FL a Motorola Solutions Company October 26, 2017 City of Boynton Beach, FL 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Motorola Solutions VIP Program Motorola Solutions works with its customers to develop materials that highlight successful implementations of Motorola products, solutions and services. In exchange for a significant discount on the initial purchase and ongoing maintenance, Motorola Solutions requests that Boynton Beach participate in the Motorola Solutions VIP program as an exclusive strategic partner in Palm Beach, Broward and Miami-Dade Counties. We use this agreement to secure the City of Boynton Beach's approval of the content included in this document. These marketing efforts will focus on the following Motorola products, services and/or solutions: Spillman Flex Public Safety Software. These customer experience materials may include your trademarks, service marks,logos and other public information about your city. The materials may include direct quotes given by you or your employees,along with their names and titles. We ask that you review the materials, provide any edits, and allow us to use the final approved materials without compensation for sales, marketing and communications purposes on the Motorola website and in Motorola print publications and presentations as detailed in this document. With your final approval,you confirm that the materials accurately reflect your customer experience and do not reveal information that you know is confidential.You also confirm that all specific claims or facts in the materials, such as cost savings or performance improvements, are accurate and supported by data and release Motorola from any and all claims for damages for defamation or any other claim based upon its use. You also acknowledge that you have not received anything of material value from Motorola in exchange for participation in the customer experience materials. If someday your situation changes and you feel the customer experience materials are no longer accurate, let us know so we can remove them from our Motorola online properties, or revise accordingly.We will also use commercially reasonable efforts to notify our channel partners so they can also stop using the materials. We'll stop using the materials and advise our channel partners accordingly once you have notified us within 30 days. 1 Page 684 of 1712 flhm S pt,e1 technologies,inc. City of Boynton leach, F'L, a Motorola Solutions Company The following list outlines some of the possible promotional activities that Motorola may request of Boynton Beach. The Motorola marketing and sales departments will work with Boynton Beach to determine the appropriate activities. Sample List of Possible Promotional Activities Blog Post. Customer participates in a blog post for joint use showcasing the customer's innovations and accomplishments with Motorola as a partner. Case Study. Customer participates in a Motorola-published case study highlighting the customer's business challenge, solution/ service/products provided by Motorola and benefits/results realized as a result. This could be a print or a video case study. Customer Name/Logo. Customer agrees to allow Motorola to use their company name and logo in Motorola sale and marketing materials. Customer Quote. Customer allows Motorola to publish a quote in Motorola sales or marketing materials or on the web. May also be used for earnings announcements and/or executive presentations. Multimedia Demonstration in Motorola marketing centers, Motorolasolutions.com and Motorola intranets and for other uses, such as in an exhibit booth. Podcast/Webinar. Customer participates in a video and/or audio recording or broadcast of reference content, either as a speaker or through an interview format. Press Activity/Press Release. Customer is willing to participate in a press release and/or customer speaks with reporters to provide background for published articles in business and/or trade press. Speaking Engagement/Event Participation. Customer is willing to participate in a panel discussion or present at an industry conference, analyst event or Motorola-sponsored event. Success Story Slide. Customer allows Motorola to create a PPT slide or slide set on their engagement. Reference Call. Customer agrees to speak via telephone with a prospective Motorola customer. Written Reference. Willing to complete a question/metrics document for a prospective customer proposal. RFI/RFP. Customer company name and contact listed in Motorola-submitted proposals to prospective customers. 2 Page 685 of 1712 flhm S pt,e1 technologies,inc. City of Boynton leach, FL a Motorola Solutions Company Site Visit.Customer agrees to host a_prospective Motorola customer at their site. Regional Trainings. Customer agrees to host potential regional trainings and/or users' group meetings. Open House. Customer agrees to host potential open house marketing events, which highlight the product and the agency's use of the product to neighboring agencies. 3 Page 686 of 1712 dft M0'tX>JW0LA SOLUTIONS Date: November 2,2017 Financing proposal for: Boynton Beach Motorola Customer Financing recognizes that each opportunity presents unique issues and characteristics. Therefore,our approach involves understanding our customer's operational goals and financial objectives. Should you feel another financing structure is required,Motorola Customer Financing would welcome the opportunity to work with you. Transaction Type: Municipal Lease-Purchase Agreement/Tax Exempt Financing Lessor: Motorola Solutions,Inc.(or its Assignee) Lessee: Boynton Beach Amount: $575,000.00 Down Payment: $0.00 Balance to Finance: $575,000.00 Equipment: As per the Motorola Solutions equipment proposal. Title,Insurance,& Title to the equipment will vest with the Lessee,and the Lessee will be Maintenance responsible to insure&maintain the equipment as outlined in the lease contract. Taxes: Personal property,sales,leasing,use,stamp,or other taxes are for the account of the Lessee. Option One Lease Term: Four Years Payment Frequency: Annual Lease Rate: 3.57% Lease Factor: 0.272704 Lease Payment: $156,804.63 Payment Structure: Arrears Payment Commencement: First payment due one year after contract execution. Please be advised the rates and payment streams above are valid for lease purchase contracts executed and returned NO LATER than: 11/25/2017 Program Highlights: Low,tax exempt financing interest rates...the cheapest&easiest way for State&Locals to raise cash. Eliminate miscellaneous financing costs associated with bonding...NO special counsel fees,underwriter's fees,origination costs,or reserve fund requirements. Every dollar you borrow pets allocated towards your project. No pre-payment penalties provided payment is made on a regularly scheduled lease payment date. Lease Payments are subject to annual appropriation,so the Lessee DOES NOT pledge its full faith and credit. Future equipment upgrades can easily be accommodated via add-on lease schedules,restructuring already existing deals,etc. Qualifications: Receipt of a properly executed documentation package. The interest portion of the Lease Payments shall be excludable from the Lessor's gross income pursuant to Section 103 of the Internal Revenue Code. Receipt of a copy of the last 2 year's audited financial statements and current year's budget from the Lessee. This proposal should not be construed as a commitment to finance. It is subject to final credit approval. For questions concerning this quote,please contact: Drew Knipfer Motorola Solutions Credit Company LLC 847-906-8180 andrew.knipfer2@motorolasolutions.com Page 687 of 1712 aMOrOROLA SOLUTIONS [SAMPLE LEASE] August 25, 2017 CUSTOMER Enclosed for your review,please find the Municipal Lease documentation in connection with the radio equipment to be lease purchased from Motorola Solutions Inc. The interest rate and payment streams outlined in Equipment Lease Purchase Agreement#123456 are valid for contracts that are executed and returned on or before September 30,2017. After 9/30/17,the Lessor reserves the option to re-quote and re-price the transaction based on current market interest rates. Please have the documents executed where indicated and forward the documents to the following address: Motorola Solutions Credit Company LLC Attn: Andrew Knipfer/44`h Floor 500 W. Monroe Chicago, IL 60661 Should you have any questions,please contact me at 847-906-8180 or Andrew.knipfer2@motorolasolutions.com. Thank You, MOTOROLA SOLUTIONS CREDIT COMPANY LLC Andrew Knipfer CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 688 of 1712 LESSEE FACT SHEET [SAMPLE LEASE] Please help Motorola Solutions Inc.provide excellent billing service by providing the following information: Complete Billing Address CUSTOMER Attention: Phone: 2. Lessee County Location: 1 Federal Tax I.D.Number -—--—----------........ 4. Purchase Order Number to be referenced on invoice(if necessary)or other"descriptions"that may assist in determining the applicable cost center or departnient: ------- 5. Equipment description that you would like to appear on your invoicing:_-_-,-_____ ............ Appropriate Contact for Documentation System Acceptance Follow-up: 6. Appropriate Contact& —--------------------------- Mailing Address E-mail: Phone: Fax: 7. Payment remit to address: Motorola Solutions Credit Company LLC P.O.Box 71132 Chicago IL 60694-1132 Thank you CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 689 of 1712 EQUIPMENT LEASE-PURCHASE AGREEMENT [SAMPLE LEASE] Lease Number: 123456 LESSEE: LESSOR: CUSTOMER Motorola Solutions, Inc. N. Main Street 500 W. Monroe Chicago, IL Chicago, IL 60661 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment and/or software described in Schedule A attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease-Purchase Agreement ("Lease"). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in Schedule A attached heretoand unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term"). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion , in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that a request for appropriation for funds from which the Lease Payments may be made will be requested each fiscal period, including making provisions for such payment to the extent necessary in each budget submitted for the purpose of obtaining funding. It is Lessee's intent to make Lease Payment for the full Lease Term if funds are legally available therefore and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. 3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor. Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate. 4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to contract (the "Contract") covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 690 of 1712 intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 5. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, Lessee has the right to not appropriate funds to make Lease Payments required hereunder in any fiscal period and in the event no funds are appropriated or in the event funds appropriated by Lessee's governing body or otherwise available by any lawful means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Non-appropriation of funds shall not constitute a default hereunder for purposes of Section 16. 6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986 (the "Code"), and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payment to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that: (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all laws relative to public bidding where necessary, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 691 of 1712 If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds. It is Lessor's and Lessee's intention that this Agreement not constitute a "true" lease for federal income tax purposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of the Equipment for federal income tax purposes. 7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee hereunder, title to the Equipment will vest in Lessee subject to any applicable license; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 5 hereof; or (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing, title will immediately vest in Lessor or its Assignee, and Lessee shall immediately discontinue use of the Equipment, remove the Equipment from Lessee's computers and other electronic devices and deliver the Equipment to Lessor or its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. 8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies, the Contract, any licensing or other agreement, and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish and/or install all parts, mechanisms, updates, upgrades and devices required therefor. 9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, licensing, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 692 of 1712 pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair (an "Event of Loss"), Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, Lessee may self-insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or it's Assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty(30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or it's Assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 693 of 1712 or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment,but Lessee will acknowledge such assignments in writing if so requested. After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee hereunder. 16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease when funds have been appropriated sufficient for such purpose, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty(20) days after the institution or occurrence thereof, or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal period in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly discontinue use of the Equipment, remove the Equipment from all of Lessee's computers and electronic devices, return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; (iv) promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, and (v) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 694 of 1712 Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 20. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease- Purchase Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds, Certificate of Incumbency, Certified Lessee Resolution(if any), Bank Qualified Statement, Information Return for Tax-Exempt Governmental Obligations and the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 695 of 1712 24. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of September, 2017. [SAMPLE LEASE] LESSEE: LESSOR: CUSTOMER MOTOROLA SOLUTIONS,INC. By: By: Print Name: Title: Title: CERTIFICATE OF INCUMBENCY I, do hereby certify that I am the duly elected or (Printed Name of Secretary/Clerk) appointed and acting Secretary or Clerk of the CUSTOMER, an entity duly organized and existing under the laws of the State of Illinois that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such entity holding the office(s)below his/her/their respective name(s). I further certify that(i) the signature(s) set forth above his/her/their respective name(s) and title(s) is/are his/her/their true and authentic signature(s) and(ii) such officer(s) have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number 123456,between CUSTOMER and Motorola Solutions, Inc. If the initial insurance requirement on Schedule B exceeds $1,000,000, attached as part of the Equipment Lease Purchase Agreement is a Certified Lessee Resolution adopted by the governing body of the entity. IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of CUSTOMER, hereto this day of September, 2017. By: (Signature of Secretary/Clerk) SEAL CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 696 of 1712 [SAMPLE LEASE] OPINION OF COUNSEL With respect to that certain Equipment Lease-Purchase Agreement 123456 by and between Motorola Solutions, Inc. and the Lessee, I am of the opinion that: (i)the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and(iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. This opinion may be relied upon by the Lessor and any assignee of the Lessor's rights under the Lease. Attorney for CUSTOMER CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 697 of 1712 SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT [SAMPLE LEASE] Schedule A 123456 Lease Number: This Equipment Schedule is hereby attached to and made a part of that certain Equipment Lease- Purchase Agreement Number 123456 ("Lease"), between MOTOROLA SOLUTIONS INC. ("Lessor") and CUSTOMER(" Lessee"). Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION Manufacturer, Model, and Serial Nos. Refer to attached Equipment List. Equipment Location: Initial Term: 84 Months Commencement Date: 9/30/2017 First Payment Due Date: 9/30/2018 7 consecutive annual payments as outlined in the attached Schedule B, plus Sales/Use Tax of$0.00,payable on the Lease Payment Dates set forth in Schedule B. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 698 of 1712 Lessee: CUSTOMER Schedule B (lease #123456) [SAMPLE LEASE] Amortization Schedule will be included below: INITIAL INSURANCE REQUIREMENT: Face Value of Lease Except as specifically provided in Section five of the Lease hereof,Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 699 of 1712 [SAMPLE LEASE] EVIDENCE OF INSURANCE Fire, extended coverage,public liability and property damage insurance for all of the Equipment listed on Schedule A number 123456 to that Equipment Lease Purchase Agreement number 123456 will be maintained by CUSTOMER as stated in the Equipment Lease Purchase Agreement. This insurance is provided by: Name of insurance provider . ._._._._._ rr... rr........ Address of insurance provider City, State and Zip Code ............. ---..u.u.u._._.____ __-----_ Phone number of local insurance provider em..... -- ------------ E-mail ------E-mail address In accordance with the Equipment Lease Purchase Agreement Number 123456, CUSTOMER,hereby certifies that following coverage are or will be in full force and effect: Type Amount Effective Expiration Policy Date Date Number Fire and Extended Coverage Property Damage Public Liability Certificate shall include the following: Description: All Equipment listed on Schedule A number 123456 to that Equipment Lease Purchase Agreement number 123456. Please include equipment cost equal to the Initial Insurance Requirement on Schedule B to Equipment Lease Purchase Agreement number 123456 and list any deductibles. Certificate Holder: MOTOROLA SOLUTIONS, INC. and or its assignee as additional insured and loss payee 500 W Monroe Chicago, IL 60661 If self insured, contact Motorola representative for template of self insurance letter. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 700 of 1712 STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS (# 123456) [SAMPLE LEASE] To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the fallowing questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of CUSTOMER? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes,please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? General Fund - Have dollars already been appropriated for the Lease Payment? Yes -or- No - If yes, for what fiscal year(s)have appropriations been made? Combination of Federal Grant funding supplemented by General Revenues - What fiscal year(s) is expected to be funded via federal grants: - What fiscal year(s) is expected to be funded via general revenues: - Have these general revenues already been appropriated for the Lease Payment(s)? Yes -or- No Other(please describe): CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 701 of 1712 Bank Qualified Statement (Lease# 123456) [SAMPLE LEASE] LESSEE CERTIFIES THAT IT Lcir le onel HAS or HAS NOT DESIGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3)OF THE CODEAND IF THE LESSEE HAS DESIGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLIGATION, IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED $10,000,000. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 702 of 1712 CERTIFIED LESSEE RESOLUTION fLease# I2 4 6) [SAMPLE .EASE] At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease) held on or before the execution date of the Lease, the following resolution was introduced and adopted. BE IT RESOLVED by the Governing Board of Lessee as follows: 1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease between CUSTOMER (Lessee) and Motorola Solutions, Inc. (Lessor). 2. Approval and Authorization. The Governing body of Lessee has determined that the Lease, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entering into of the Lease by the Lessee and hereby designates and authorizes the following person(s) referenced in the Lease to execute and deliver the Lease on Lessee's behalf with such changes thereto as such person deems appropriate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease. 3. Adoption of Resolution. The signatures in the Lease from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 703 of 1712 EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor. Equipment Lease Purchase Agreement No.:123456 Lease Schedule A No. :.123456 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 123456. See Schedule A for a detailed Equipment List. ---------------- LESSEE: CUSTOMER By: —__ Date: CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Page 704 of 1712 7.F. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of Datrium DVS compute nodes, data nodes, and host software from Transource Services Corp in the amount of $186,329.56. The City is allowed to purchase from State of Florida Contracts. EXPLANATION OF REQUEST: Contract Period: September 30, 2015 - March 31, 2020 Server/Storage/Disaster Recovery project The I.T.S. Department has Capital projects to replace servers and storage in the City's Disaster Recovery datacenter and to expand the Exagrid backup appliance capacity in the Fire Station #5 datacenter. The Utilities Department has a C.I.P. project to replace storage in the Utilities datacenter. After viewing demos from Datrium DVX, Dell EMC VxRail, HPE Simplivity, Nutanix, and Scale Computing, the ITS Network Team selected Datrium DVX based on a combination of pricing and features. Manufacturer/Vendor Quoted Price D atri um/Transource $186,725.56 Simplivity/Champion Solutions Group $281.980.94 Nutanix/CD W G $342,470.90 Note: Scale computing does not support VMware and was eliminated. Dell/EMC VxRail was not quoted because the vendor stated the price would be above our stated budget. The Datrium DVS solution, when implemented in all three City datacenters, will fulfill the original intent of the separate C.I.P. projects. This purchase is partially funded by Local Government Surtax Funds. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The servers and storage (SAN's) in the Utilities Datacenter and the City's Disaster Recovery datacenter are past end-of life. Replacing the end-of-life equipment with the new Datrium DVX equipment will ensure continued reliable and efficient service. In addition, the Datrium DVX Data node for the City's Disaster Recovery datacenter has been sized so that all data stored on the Datrium DVX systems in the Fire Station #5 datacenter and Utilities datacenter can be replicated to it. The Datrium DVX Compute nodes for the City's Disaster Recovery datacenter has been sized to handle the critical load from both Fire Station #5 datacenter and Utilities datacenter. Installation of the Datrium DVX system in the three datacenters will also allow the City to shorten the RPO (Recovery Point Objective) from 24 hours to as few as 10 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. RPO describes the interval of time that might pass during a disruption before the quantity of data lost during that period exceeds the maximum allowable threshold or tolerance. RTO is the duration of time within which a business process must be restored after a disaster in order to avoid unacceptable consequences associated with a break in continuity. FISCAL IMPACT: Budgeted Funding has been approved during this year's capital improvement plan budget from four Cl P projects; • Server Replacement (Account # 303-4101-580.64-15 - CIP Project # IT1813) in the amount of Page 705 of 1712 $45,000. • Exagrid Backup Appliance (Account# 303-4101-580.64-15 - C I P Project# IT21805) in the amount of $18,526.14 • Replace Storage SAN at Disaster Recovery Site (Account # 303-4101-580.64-15 - CIP Project # IT21806) in the amount of$50,000.00. • Utilities SAN Replacement (Account#403-5000-536.31-90 - C I P Project# US 1801) in the amount of $72,803.42 ALTERNATIVES: Not approve this purchase and the City prepare its own Bid/RFP. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment St of FIL Participating ACT 43211500 D Attachment WSCA-NASPO Master Agreement D Attachment St of F L-Transource Info D Quotes Transource Quote D Other NASPO- Datrium Price List Page 706 of 1712 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No.43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Transource Service Corporation ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor Page 707 of 1712 shall of all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CONTRACT MANAGER. Ill. Annual Appropriation.The Participating Addendum is amended to add the following: Pursuant to section 287, ., if the ACS binds the State or an agency fort purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.&, Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractors business or financial records, documents, or files of any type or form that refer to or relate to the Contract.The Contractor will retain such records for five years after the expiration oft Contract, or the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myfladda.com/library- arch[ves/records-management/general-records-scheduleso, whichever is longer. The Contractor agrees tori rs the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractot's compliance With the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime;travel and lodging expenses, and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. V1. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Transource Service Corporation Department ofManagemen By: e es �PC By: Name: Erin Rock Name: urfiscstt Title: Chief of Staff Title: NASPO ValuePoint Contract nr Date: Date: _22tjk22jj_ Page 2 of 2 Page 708 of 1712 STATE OF MINNESOTA Materials Management Division 112 Administration Building ` livnese)b 50 Sherburne Avenue •• ; DEPARTMENT OF ADMINISTRATION St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation CONTRACT NO: MNWNC-130 2405 W. Utopia Road Phoenix,Arizona 85027 CONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: executed signatures, Curtis Wescott whichever is later Email: curtisw transource.com Phone: 623.879.8882 ext 24 Through March 31, 2017 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation,which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating.Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4.the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. i IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat.§16C.03,subd.3. executed this Agreement on behalf of the Contractor as required by applicable a ' s,byl "p 'ons,or ordinances. By: ag (t BY: I `-� i Title: Master A reem ntAdministrator Pllntetl Tide: re, ' mcunac Date: i Date: ' By: Signature 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Pfted Nems Or delegated representative. Title: By: Date: Date: Orlainal signed FEB 2 6 2015 i BY Lucus I Janneff 1 CONTRACT NO. MNWNC-13D MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 709 of 1712 COMPUTER EQUIPMENT .,. . 2014-2019 , DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS............................................... SUMMARY......................................... EXHIBIT A-TERMS&CONDITIONS............................................... EXHIBITB-PRICING....................................................................................................................................................23 EXHIBIT B-PRICING SCHEDULE.................................................................. .........................................................25 EXHIBIT C PRODUCT AND SERVICE SCHEDULE (PSS) .....................................................................................26 EXHIBIT D -WEBSITE............................. EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF)............................................................................................28 EXHIBITF-REPORTING..............................................................................................................................................30 EXHIBITG-DEFINITIONS............................................................................................................................................31 C i i 2 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 710 of 1712 i COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY i 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award.After evaluation by a multi--state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for Computer Equipment(Desktops, Laptops,Tablets, Servers,and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 4: Server Band 2: Laptop Band 5: Storage Band 3: Tablet The original solicitation included Band 6: Ruggedized.This band has been removed and ruggedized equipment will be allowed in Bands.1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA)at the option of Participating States.Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as j allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the I purchase of multiple configurations (e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 711 of 1712 5. RESTRICTIONS.The following restrictions apply to the Master Agreement.A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf(COTS)software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment(Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b.Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c.Third Partv Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d.Additional Prod uctlServices 1. Hardware and software required to solely support wide area network(WAN)operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. i I i I I I I 4 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 712 of 1712 COMPUTER EQUIPMENT ^.� .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues.A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response.Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions.Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms,specifications and WSCA-NASPO Terms&Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE. a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum.Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders,whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. S. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 713 of 1712 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES.A response may be rejected if it is conditional or incomplete. Responses that contain conflicting,false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: susan.kahle state.mn.us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR .All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. if the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat, § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State,its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP,the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time.Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter,fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements,the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD)Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD,COMPLETE,AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement(including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference)and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 6 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 714 of 1712 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, j b. gives the Lead State something significantly different from that-which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained.A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 I f l i I 7 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 715 of 1712 MASTER AGREEMENT TERMS AND CONDITIONS i B. WSCA-NASPO TERMS AND CONDITIONS j 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent(0.1%or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later.than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services(less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. i. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state.All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. Minnesota WSCA-NASPO Master Agreement 3. The Solicitation including all addendums; and 4. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's responsp to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS.The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of tyle WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which rpay accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. � 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Co'ptract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option,the right to control any such litigation on such claim for relief or cause of action. 5. ASS IGNMENTISUBCONTRACT. Contract Vendor shall not assign, sell,transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date 4)f the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attendi09 any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default maybe immediate if defaults cannot be reasonably cured as allowed per Default and Rernedies term. 7. CONFIDENTIALITY NON-DISCLOSURE AND INJUNCTIVE RELIEF. 7.1 Confidentiality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential a CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I I Page 716 of 1712 or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a)any Participating Entity records; (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software)that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that(a) is or becomes(other than by disclosure by Contract Vendor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractor of Contract Vendor who can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. Contract Vendor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor may keep one copy of such Confidential Informatiop necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Iniunctive Relief. Contract Vendor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Participatina Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction(Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding,to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity,the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS&REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an 8 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUfPMENT TRANSOURCE SERVICE CORPORATION Page 717 of 1712 opportunity to cure the default. The Lead.State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and j ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. i 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION—INTELLECTUAL PROPERTY., DELETED SEE SECTION 2C17. 16. INDEPENDENT CONTRACT VENDOR.The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any casts allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect,the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure.to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 718 of 1712 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal injury, including coverage for contractual liability,with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty(30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that(i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty(30)days prior written notice, and (iii)provides that the Contract Vendors liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty(30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty(30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED—SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping.labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions(e.g., colleges, school districts, counties, cities, etc.,)for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial Obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities(including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days Following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 11 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 719 of 1712 i 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision"Purchasing Card"with no additional.charge. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government(including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five(5)years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. i The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS -SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly SaieslAdministrative Fee Reporting Tool found at http://www.naso.or MNCPO/Calculator.as x. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is stili required. Reports shall be due no later than the last day of the month following the end of the calendar quarter(as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall afro report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom,jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed safes data report is in Section 6,Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. 12 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 720 of 1712 d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free,transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement)shall determine whether all Products and Services delivered meet the Contractor's published specifications(a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty(30)calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Semite,the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. h. Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable,the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP. a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents,whether in tangible or electronic forms, prepared by the.Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement.The Contract.Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. l b. Rights, Title and Interest.All rights, title, and interest in all of the intellectual property rights, including copyrights, patents,trade secrets,trade marks, and service marks in the said documents that the Contract Vendor conceives or originates,.either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials.Where applicable, I works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered"works for hire' as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create.The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall 13 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 721 of 1712 not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a)the Product performs according to the specifications (b)the Product is suitable for the ordinary purposes for which such Product is used, (c)the Product is designed and manufactured in a commercially reasonable manner, and (d)the Product is free of defects. For third party products sold by the Contract Vendor,the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist-the customer in engaging the manufacturer on warranty and maintenance issues: Upon breach of the warranty, the Contract Vendor will repair or replace(at no charge to the Purchasing Entity)the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. i I i i i I i i i i 94 CONTRACT NO. MNWNG-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 722 of 1712 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action j ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and i conditions. i 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010,which entails, in part, the Web Content Accessibility Guidelines(WCAG)2.0(Level AA) and Section 508 Subparts A-D which can be viewed at htto:I/www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered,VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS)for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oettpolicies-and-standards/acceasiLbLlilty/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work.An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT(ADA). DELETED. G. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof,the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract j Vendor shall include a provisionrequiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related j to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal,the prospective lower tier participant[responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 723 of 1712 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, . person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. i f 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any.lower tier covered transaction [subcontract f equal to or exceeding $25,000]with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Aartici ant in a covered transaction p p ct on ma rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the.eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. frothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is notrequired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS.The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process.A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement.The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement,the Lead State requires that independent manufacturers and resellers cooperate with the already 16 CONTRACT NO. MNWNC•130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 724 of 1712 established Contract Vendor in order to meet the.Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.ciov/ruies/final/2012/34-67716.Pdf. 11. COPYRIGHTED MATERIAL WAIVER.The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to ! request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranettinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response,the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request,the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,.(and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13(and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations,the Contract Vendor must provide Material Safety.Data Sheets regarding those substances.A copy must be included with each delivery. 16. HUMAN RIGHTWAFFIRMATIVE ACTION.The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of$100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple 17 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 725 of 1712 award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds$100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn: Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. §363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner)as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event.A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. §363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. §363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance 18 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 726 of 1712 i by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. i 17. INDEMNIFICATION The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents,employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Master Agreement will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the Participating Entity, the Participating Entity shall promptly notify the Contract Vendor.The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability(including legal fees) arising out of such a claim,whether or not such claim is successful against the Participating Entity. If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur,the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor's expense. This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto; shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAI_ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : i a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 19 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 727 of 1712 These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. ! � 22..NOTICE TO RESPONDERS. Pursuant to Minn. Stat. §270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number.Thisinformation may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. f 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest.An organizational conflict of interest exists when, because of existing or planned activities.or because of relationships with other persons: • a Contract.Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. i The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default.The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms"Contract,""Contract Vendor," "Master. Agreement", "Master Agreement Administrator" and"Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components,Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components"shall include, but are not limited to, Contract Vendor's firewalls, switches, routers,wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data"shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services,or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations;will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 26. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall I continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG)businesses and certified economically disadvantaged(ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first$500,000 of the response to 20 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 728 of 1712 the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under"Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7,the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included. in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd.6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service,as indicated by the person's United States Department of Defense fond DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any by the United States Department of Veterans Affairs; or (3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first$500,000 of the response. If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. i 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m.to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. I 29. PURCHASE ORDERS.The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.).The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and 21 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 729 of 1712 i I f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to.result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising i. under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and. practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s)to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION.Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 I I 22 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 730 of 1712 COMPUTER EQUIPMENT lit( j�n�ira� a 2014-2019 UEAART'MENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S)AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. i 2. PRICE STRUCTURE.The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all"quantity one" procurements.An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE.These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. i 4. BASELINE PRICE LIST.The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website.All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE(PSS). The Product.and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Cgntract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated 4 ase line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE.PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins. 11. SERVICES. Services are at the option of the Participating Entity, The Participating Addendum by each State may address service agreement terms and related travel 23 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 731 of 1712 12. LEASING.The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authorityao enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to"address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY.Delivery of ordered product should be completed within thirty(30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. i i i i 24 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 732 of 1712 COMPUTER EQUIPMENT .., .. livnesen 2014-2019 DEPARTMENT OF ADMINISTRATION i i. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE 1. B.SELINE PRICE LIST: TRANSOURCE MSRP LINK: hfto://www.transource comicustamers/wsca/BasePriceSheet.as 2. BAND DISCOUNTS—(CATEGORY EXCEPTIONS APPLICABLE IN ALL BANDS) CATEGORY MINIMUM DISCOUNT BAND 1 DESKTOP 43211507 4% I BAND 2 LAPTOP 43211503 BAND 3 TABLET 1 1,� i BAND 4 SLRVER 43211501 i BAND 5 STORAGE. 1 s CATEGORY EXCEPTION: Product Promotions 1% IMPORTANT: The minimum discount is provided,refer to Contract Vendor's Website for any additional discounts and request a quote for bulklvolume discounts.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside deliverfee must be char ed,the Contract Vendor will notify the customer in advance. 3 THIRD PARTY PRODUCTS - (APPLICABLE IN ALL BANDS) 43211724 10% i 4 SERVICES Se.'rvlces;are atthe option of ParticipatingZtates.Participating Addendums 6y each`State irnay address servrceiagreen ent _tennis and;related travel:.States may,negotiate additional services TFie majority of manufacturer'$.hardware includes a;three year warranty. Customer may:purchase warranty upgrades for certain hardware as offered For standard warranty Infocmatror` htt" ./ transiDurce.comisupbortideftiUlt.aso Accidental Damage—Complete Care: $150 Break/fix non warranty: $75/hour Desktop Installation: (options: copper, sterling and turquoise—see website for details) Copper--$25 Sterling Silver=$40 Turquoise=$75 Training$65/hour INCLUDED. 3 year warranty,`image loading, image consulting, asset tagging, consulting,stogingldeployment(products. needin sta in . nor to.deployment Will' .:be stored in contract vendor warehouse at no additional;cost 5. LEASING Contract Vendor does not offer leasing. I i 6. ADDITIONAL DISCOUNTS—Request a quote for discounts on bulkivolume purchases. a. Per Transaction Multiple Unit: Over$250,000= up to 1.5% additional on Transource systems from Baseline Pricing or.5%on peripherals Over$500,000= up to 2% additional on Transource systems from Baseline Pricing or.75% on peripherals Over$1 million-up to 3% additional on Transource systems from Baseline Pricing or 1%on peripheral b. Cumulative Discounts are based on Total Master Agreement Sales: Over$20 million—Additional .5%from Baseline Pricing Over$50 million—Additional 1%from Baseline Pricing Over$100 million--Additional 1.5%from Baseline Pricin c. Annual Volume Discounts: Over$2 million—Additional .5%from Baseline Pricing Over$5 million—Additional 1%from Baseline Pricing Over$10 million—Additional 1:5%from Baseline Pricing 25 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION it Page 733 of 1712 AIt I COMPUTER EQUIPMENT ... .. 2014-2019 ^ ' DEPARTMENT Of ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales.The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the startof sales and containing the following information: a. Band number b. Part#-SKU# c. Manufacturer d. Description e. Minimum Discount f. Category Code(This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: BAND Part#-SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY DISCOUNT CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS:A list of third party products is to be submitted to the Lead State.Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance.The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. i 26 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 734 of 1712 i COMPUTER EQUIPMENT . IT1 6tv 2014-2019 ' A' DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master Agreement award,the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect,the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form.The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule(PSS) c) Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d) Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h) Sales representatives for participating entities i) Purchase order tracking j) Available Twenty-four(24) hours per day, seven (7)days per week availability, except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility and accessible products n) If participating in Premium Savings Package Program, lead with these products and display prominently on the website o) Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:llwww,se"ov/rules/final/2012/34 67716.pdf. q) Service options, service agreements for negotiations when allowed by a participating addendum r) EPEAT, Energy Star, etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response. 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 735 of 1712 I i I COMPUTER EQUIPMENT .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide i quarterly updates of PSS and to make requests.The Action.Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement# with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. F Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product&Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed Third Party Product Addition Provide warranty Guarantee _Marketing Approval Attach Materials for review _Material Website Change Describe and provide link for review _Miscellaneous inquiry Provide detail (e.g. key contact change, etc.) 'r The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance.Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 28 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 736 of 1712 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OFADMMISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD f EXHIBIT E - ACTION REQUEST FORM (ARF) l ACTION REQUEST FORM F LOG h Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): t DATE: f DATE DATE j SUBMITTED ACTION REQUESTED: APPROVED i 1 I'l IIC 4 29 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 737 of 1712 i 1'ylLyl COMPUTER EQUIPMENT .. 2014-2019 • DEPARTMENT OF AwNisrRATloN MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING I 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided. I 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. FROM TO DUE: Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: Report Name Submitted to Purpose& Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- i NASPO NASPO 1) Go to: http:l/www.naspo.orgtVVNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select"no sales for quarter" checkbox 4)Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package(PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit I 30 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 738 of 1712 JAW h- , COMPUTER EQUIPMENT 11111®S4f 2014-2019 DEPARTMENT Of ADMfNISTRATfON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation,there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product.Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1)the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse.All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. .A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. . Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Deyi..es Fn aloe. be e fered. ..rfer-..ar..-e 1 6 of thea Master Agreement BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources,software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location.A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 739 of 1712 i r 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy.Star qualified computers and monitors automatically power down to 15 wafts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.enerciystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard-the IEEE 1680 EPEAT standard—and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of.performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures.surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.aov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use.A laptop includes a j display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission.of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply pp y to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software"glue"that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment ora feature that may be chosen as an addition to or replacement for standard equipment i and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity(e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases,local governments, political subdivisions or other entities in a State maybe authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum.is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State,to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and Conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners,fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 32 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 740 of 1712 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peri pheralslaccessoriesloptions and may be offered in any related band. Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade(keep pace with the advance of technology)the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http:llwww.wnpsp.com/index.htmi. Purchasing Entity—means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation,factory integration (software or equipment components), asset management, recycling/disposal,training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network.This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network(or subnetwork)that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud:services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode,firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN.. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.)for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 741 of 1712 a _ A sa i►.. aia:# . gWifkxk- t 4-0. 41 fht-c vii,ant _. -=*:. ;fit. `.._ „- 4 F' i We .. . C=: :. �f !. X WCVV aFTs flit we&mwhm mw:A, i=,aw am _ 12 60.6,axia wt t Tie lid ... s : .... .:.:;:Of1 4*5 x'10 1st !1^l t, gsit 62 I i E e n 1 rtg: r s . h d( a �dt t ray t t:us by owing iff gr fs66, 27 . 9 If Page 742 of 1712 CERTIFICATE OF LIABILITYDATEIMMIDDIYYYYI INSURANCE 02/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERWillie of Arizona, Inc. CONTACT NAME: c/o 26 Century Blvd PHONE FAX P.D. Box 305191 C E . -877-945-7378 RfG No:1-888-467-2375 -MAIL Piashville, TN 372305191 USA EADDRESS:certificatae@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSUREDINSURERA:Atlantic 5 ecialt Insurance Co an 27154 Traneoltrce Service Corporation DBA: Transource computers INSURER B 2405 W Utopia ltd INSURER C., Phoenix, AZ 85027 INSURER 0: INSURER E: INSURER F; 1 COVERAGES CERTIFICATE NUMBER W767791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER MMlUOYlYYYY P_0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DA AGE REN D A PREMISES Ea occurrence $ 500,0)( Y MEO EXP(Any one person) $ 10,00071,o .......02 0,000711013251-0002 04/15/2014 04/01/2015 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,ppp X POLICY❑JECT LCC PRODUCTS-COMP/OPAGG $ 21000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILY INJURY(Per accident) $ HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ Per acGdent UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ QED RETENTION$ $ WORKERS COMPENSATION A AND EMPLOYERS'LIABILITY Y!N X STATUTE ERH ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 406-D4-18-06-0000 04/01/2014 04/01/2015 If yes,describe under E.L.DISEASE-EA EMPLOYE $ 1,000,ODO DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: RFP Computer Equipment: Weaktops, Laptops, Tablets, Servers, Storage, Ruggedized Devices including related Peripherals 6 Services) State of Minnesota is included as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN to of Minnesota ACCORDANCE WITH THE POLICY PROVISIONS. Sta Materials management Division AUTHORIZED REPRESENTATIVE 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 ©7988-2094 ACORD CORPORATION. All rights reserved. ACORD 26(2094109) The ACORD name and logo are registered marks of ACORD SR ID:5417914 BATCH:Batch #: 114193 Page 743 of 1712 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aVANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement, Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVE=RAGE EXTENSIONS 1. Additional Insured—Broad Form Vendors 8, Coverage Territory—Worldwide 2. Additional Insured—by Contract,Agreement or 9. Duties in Event of Occurrence,Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you tease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5. Bodily Injury Redefined—Menta!Anguish 16. Non-awned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers'Goods o Use of Elevators 1. ADDITIONAL INSURED--BROAD FORM VENDORS Section II—Who Is An Insured is amended to include as an additional insured any person(s)or organization(s) (referred to below as vendor)with whore you agreed in a written contract or agreement to provide insurance, but only with respect to"bodily Injury"or"properly damage"arising out of"your products"which are distributed or sold in'the regular course of the vendor's business,subject to the following additional exclusions: a. This provision 1.does not apply to: (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (S) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or (8) "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4.or 6.;or VCG 207 07 00 Includes copyrighted material or Insurance services office,Inc. Page 1 of 7 Copyright 2009, MI!!!!I!I!I!!!!!!I1 Page 744 of 1712 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient, part or container,entering into,accompanying or containing such products. 2. ADDITIONAL_INSURED—CONTRACT,AGREEMENT OR PERMIT a, Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s)with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of"your work"for the additional insured(s) at the location designated in the contract, agreement or permit;or 2. In the maintenance, operation or use of equipment leased to you by such person(s)or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract,agreement or permit. b. The insurance provided to the additional insured herein is limited.This insurance does not a pplY: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy;and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage",or"personal and advertising Injury"; i 2. To any person or organization included as an insured under the Additional insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. . To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (b) Supervisory,inspection,architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"oocurrence"takes place after you cease to be a tenant in that premises;or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. S. To"bodily injury,or"property damage"occurring after: (a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (b) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of insurance Services office,Inc. VCG 207 07 08 copyright20a9,Ill1111!llrlf±I11I!!I!I!III!f!I±!I±I!irlll!I!1i111 Page 745 of 1712 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or"suits"brought;or 3. Persons or organizations making claims or bringing"suiw'. 'These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance,the General Aggregate Limit applies separately to each of your "locations"owned by or rented or leased to you. b. Under Section V—Definitions,the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Bights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This ! waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury"or"property damage",that requires you to waive your rights of recovery. S. BODILY INJURY REDEFINED—MENTAL ANGUISH Under Section V,the deflnition of"bodily injury"is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. S. BROADENED NAMED INSURED Section 11—Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 1130th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE— BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for"property damage"liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; Jb) Personal property in the care, custody or control of the insured; and (C) That particular part of any property that must be restored, repaired or replaced because "your work"was incorrectly performed on it do not apply to "properly damage"to "customers' goods"while on your premises nor do they apply to "property damage"arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods"is$35,000 per"occurrence". VCG 207 07 08 Includes copyrighted material of Insurance Services OtNoe,Inc. Page 3 or 7 Copyright 2009, !!!±!±!!!±!!Il111[±!!!!±!!±!!!±!Il±1!!111!!!1±w! Page 746 of 1712 b. Under Section V—Definitions,the following definition is added: "Customers' Goods"means goods of your customer on your premises for the purpose of being: 1. Repaired;or 2. Used in your manufacturing process. j f i c. The insurance afforded by this provision Is excess over any other valid and collectible property insurance (including any deduccdbie) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY—WORLDWIDE i The definition of"coverage territory"Is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America(including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following j paragraphs: a. The requirements that you must 1. notify us of an"occurrence"offense,claim or"suit"and 2. send us documents concerning a claim or"suit" apply only when such "accident"claim,"suit"or"loss"is known to: I. You,if you are an individual; i 2. A partner, If you are a partnership; 3. -An executive officer of the corporation or insurance manager,it you are a corporation;or 4. A manager, if you are a limped liability company. b. The requirement that you must notify us as soon as practicable of an"occurrence"or an offense that may result in a claim does not apply if you report an "occurrence"to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence' Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE—EMPLOYED PHYSICIANS, NURSES,EMT%AND PARAMEDICS a. Under Section Il —Who Is An Insured,the paragraph that excludes an employee or volunteer worker as insured for"bodily injury"or"personal and advertising injury"arising out of his or her providing or failing to provide professional health care services does not apply to a physician,dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical,surgical,dental,x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by as will follow the Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS—INCREASED LIMITS AND TIME PERIOD In the insuring Agreement under Coverage C— Medical Payments,the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years_ a. The Medical Expense Limit is $15,000r pe person or the amount shown in the Declarations as the Medical Expense Limit,whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Rage 4 of 7 Includes oapyrlghted materiel or Insurance Services Office,Inc. VCG 207 OT 09 copyright2U49,!!I}IFf11111}ill}I}}11111111111111llllll�llllltill Page 747 of 1712 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the"mobile equipment"definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered"mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II —Who Is An Insured,the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of thecurrent policy period. 15. NON-OWNED AIRCRAFT The Aircraft,Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired,chartered or loaned with a paid crew;and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL_LIABILITY CONDITIONS. 16. NON-OWNED WATERCRAFT a. Section If—Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who,With your expressed or implied consent,either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury"to a co"employee"of the person operating the watercraft;or 2. "Property damage"to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability,the limitation on the length of a watercraft Is increased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (ncluding any deductible-or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of"personal and advertising injury"are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury"committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or. (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. I VCG 207 07 09 Includes copyrighted material of insurance Services Office,Inc. Page 5 of 7 Copyright 2009, Page 748 of 1712 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. a. The following is added to Section III -Limits Of Insurance section: 1. The'Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls"initiated;or (c) Number of"your products"recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all"product recall expenses"incurred for all "covered recalls"initiated during the policy period. 3. Subject to 2.above, the Each Product Recall Limit is the most we will reimburse you for the sum of all j "product recall expenses"arising out of any one"covered recall"for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of"product recall expenses"in excess of the deductible amount shown in the Product Recall Schedule. i Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit .$50,000 ' Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV—Conditions: You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": j 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect"your product"that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within SO days after our request.We will supply you with the necessary farms;and 5. .Permit us to examine any insured under oath,while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 8 of 7 Includes copyrighted material of insurance SaMoss office.Inc. VCG 207 07 09 Copyrlght2009, !!!!111111]!IHii111111111111111111l11lIiiI1111111 Page 749 of 1712 c. The following definitions are added to the Definitions Section: j 1. "Covered recall' means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition In 'your product"has resulted in or will result in "bodily injury"or"property damage". 2. "Product Recall Expense"means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling"your product": (1� For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular"employees"for necessary overtime; (4) For hiring additional persons, other than your regular"employees'; (6) Incurred by"employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or"property damage"as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense"does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality,durability or performance; (3) Lass of customer approval,or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; i (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured knew or had reason to know at the inception of this insurance;and (7) Redall of 'your products"that have no known or suspected defect solely because a known or suspected defect in another of'Your products"has been found 19. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS Under Section i -Coverages,Supplementary Payments-Coverages A and 13, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. VCG 207 07 09 Includes copyrighted material of Insurance Services Office,Inc. Page 7 of 7 Copyright 2409,11111IN11f11111!111111111111111111111111) MIIII Page 750 of 1712 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. I A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b, 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 5. , If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro rata. The can- cellation will be effective even it we have not made or offered a refund. 6, if notice is mailed, proof of mailing will be sufficient proof of notice. B. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 45 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. I C. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first j Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. D. Concealment,Misrepresentation or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured,at any time,intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property;or 4. A claim under this policy. E. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy pe- dod and up to three years afterward. F. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find;and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or or- ganization to provide for the health or safety of workers or the public.And we do not warrant that conditions: 1.. Are safe or healthful;or 2. Comply with laws,regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections,surveys, reports or recommendations. VIL 40102 05 Includes copyrighted material of Insurance Services Office,Inc. Pagel of 2 Copyright 2004,11IIIIIIIIIIIIIIIIII!!IIIIIIIIII!III11111I!IIII!I! Page 751 of 1712 . • i • G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period,the broadened coverage will immediately apply to this policy. H. Premiums 1. All Named Insureds shown in the Declarations are jointly and severally liable and responsible for the pay- meet of all premiums. 2. The first Named Insured shown in the Declarations will be the payee of any return premiums we pay. 1. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only.At the close of each audit pe- riod we will compute the earned premium for that period.Audit premiums are due and payable on notice to the first Named Insured. if the sum of the advance and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. J. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. K. Unintentional Errors or Omissions Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with re- spect to the coverage afforded by this policy, provided such failure or omission is not intentional. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonre- newal. i i i Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc. VIL 00102 05 i Copyright 2004,11!11!11!!111111!!111111111!1!11!1!1!11111111111!1 Page 752 of 1712 Computer Equipment,Peripherals& Services/Alternate Contract Source/ State Contract... Pagel of 2 Skip i Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor nor cion > 5tate Contracts and Agreements > Alternate Contract Source > Computer Equipment, Peripherals &Services « Return Computer Equipment,, Peripherals & - -ACS Contract Details Effective CI 09/30/2015 through 03/31/2020 Contract Type Alternate Contract Source 1 o to Use this Alternate Contract Source. Contract f r i Products Categories List • Contra=m • Pricin Forms and Other Information ContAmen ens an a oranu s I P aster Agreements Pa icipating Addenda • Chrisooer c alien Contract Administration ( 0) 922-9867 • crisp Dher.mcmullen nndmc. v ori .co Commodity Codes SPSC-43211500, U SPSC-43211600, UNSPSC-43211900+ Description This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials'ValuePoint Program (NASPO ValuePoint) Computer Equipment, Peripherals and Services contract, which was competitively solicited and awarded by the State of Minnesota. Benefits • This contract is available only for products not on state term contracts. • WSCA participating addendums are entered on behalf of governmental entitles in Florida for Ace, Apple, ByteSpeed, Clara, Cisco, Computer Technology Link, Dell, EMC, Firefly, Fujitsu, HP Inc., HP Enterprise, Hitachi, Howard, IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble, Panasonic, Pure Storage, Samsung, Tegile,Tintri, Transource, and Xiotech. :ll s. yflorida.ca usiness operations/state_purc ing/vendor info atio... o-&/7&& 70f 1712 Information Found on the Florida DMS website, http://www.dms.myflorida.com/business_operations/state_Purchasing/vendor information/state_cont racts and agreements/alternate contract_source/computer_equipment peripherals_service5/contract ors/c o n t ra cto rs_tra n s o u rce ! rtda invnt raf turas{ nt 4r� >Bus O tions>. e PilrCFk]Sfllt#>_VQadQrjnfgOWffi>Rt rstract, and Agrq=gnts s Alternate Contract aawim r comix E ui ment.ttrtoherals&Services> tears y C Tr ou f Florlida ClimateUtilizes CIBE Code Friendly Recycledz Coverage rea Products Resellers A-Na hronty No No No Statemde (Iwaact Infornhation Vendor: Transource Services Corporation FL Pffinority BusinessDesignation, i A—Non-minority Vendor FEIN- 7 Contacts: Curtis Wescott : INAVal Int ntract Mana r .. Address: 24DB W.Utopia Rd. Phoenix,AZ 85027 Phone Numbe r. !.62 -8 79-888 2,ext.124 Email Address,, Informabon Con : Barb Sullivan Title: Sr.Account Manager Address: 2405 w_ is d, Phoenix. 027 Phoneu ri 623-87"882,ext.129 Toll Free Number: BOD-4136-3715.ext.129 I Ordering Fax 623-879-8887 RernI it it ss: !2405 W.Utopia Rd. Phoenix,AZ 85027 Page 754 of 1712 Transource Services Corp SALES 2405 W. Utopia Road Phoenix, AZ 85027 QUOTATION Amended 71: Quotation No.: 285789 Quotation Date: 10/17/17 Due Date: 11/17/17 Customer No.: C890637 Customer Ref. No.: Page No.: Page 1 of 2 ...�...�...�...�...�...�...�...�.�.w..,......................�.-.-.-.-.-.-.-.. �...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�.-.-.-.-..--w.-.. BILL TO SHIP TO City of Boynton Beach City of Boynton Beach 100 E Boynton Beach Blvd 100 E Boynton Beach Blvd Boynton Beach FL 33425 Boynton Beach FL 33425 Account Rep: Barb Sullivan Contact Name: Ship Via: Terms: Net 30 FOB: FOB Destination w.w....w....w......_.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w......w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w. Line Item No. Description Qty Unit Price Total 1 NVP NASPO ValuePoint MPA#MNWNC 130 1 2 NVP-FL State of Florida PA#43211500-WSCA-I5-ACS 1 3 D12X4001 Datrium DVX NetShelf, 12 Bay 4TB 2 $23,354.04 $46,708.08 MFR#D12X4 4 TSC-ITEM DATRIUM DVX COMPUTE NODE 2000, 1 U,2S, 128GB,2X 2 $12,771.12 $25,542.24 MFR#CN2000SYS2 E5-2620 V4, 5 TSC-ITEM OPTION, DVX CN,MEMORY UPGRADE,32GB DIMMS(SET 2 $1,628.20 $3,256.40 MFR# OF 4) OPTCNRAM128GB1 6 TSC-ITEM OPTION, DVX CN,CACHE SSD 1.92TB W/SLED 2 $1,833.30 $3,666.60 MFR# OPTCNSSD1920GB1 7 TSC-ITEM OPTION, DVX CN,2-PORT 10G SFP+NETWORK 2 $553.50 $1,107.00 MFR# INTERFACE CARD OPTCN10GNICSI 8 TSC-ITEM DATRIUM DVX COMPUTE NODE 2000, 1 U,2S, 128GB,2X 2 $12,771.12 $25,542.24 MFR#CN2000SYS2 E5-2620 V4, 9 TSC-ITEM OPTION, DVX CN,MEMORY UPGRADE,32GB DIMMS(SET 2 $1,628.20 $3,256.40 MFR# OF 4) OPTCNRAM128GB1 10 TSC-ITEM OPTION, DVX CN,CACHE SSD 1.92TB W/SLED 2 $1,833.30 $3,666.60 MFR# OPTCNSSD1920GB1 11 TSC-ITEM OPTION, DVX CN,2-PORT 10G SFP+NETWORK 2 $553.50 $1,107.00 MFR# INTERFACE CARD OPTCN10GNICSI 12 D12X4001 Datrium DVX NetShelf, 12 Bay 4TB 1 $23,354.04 $23,354.04 MFR#D12X4 13 TSC-ITEM 10GBS 2PT SFP+PCIE X8 NIC CARD 540-BBGS 4 MFR#540BBGSAX 14 TSC-ITEM DATRIUM DVX HOST SOFTWARE,SINGLE HOST LICENSE 8 $2,981.37 $23,850.96 MFR#LICHOSTSWI Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbst7atransource.com Website: www.transource.com )(1 PC) Page 755 of 1712 Transource Services Corp SALES 2405 W. Utopia Road Phoenix, AZ 85027 QUOTATION Amended 71: Quotation No.: 285789 Quotation Date: 10/17/17 Due Date: 11/17/17 Customer No.: C890637 Customer Ref. No.: Page No.: Page 2 of 2 ..,.,w..,.,w..,.,w..,.,w....,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,,,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w..,.,w.. Line Item No. Description Qty Unit Price Total w.w.15. r SUPPORT w. 16 TSC-LABOR 1 MNTH PREM SPPT,4HR HW,24X7 SW, D1 2X4 24 $675.00 $16,200.00 MFR# SUPD12X4PREM1 MO 17 TSC-LABOR ;SUPPORT, PREMIUM,4HR HW,24X7 SW,CN2000, 1 24 $75.60 $1,814.40 MFR# ;MONTH SUPCN2000PREMlMO 18 TSC-LABOR ;SUPPORT,NBD HW,24X7 SW,CN2000, 1 MONTH 24 $58.50 $1,404.00 MFR# SUPCN2000NBD1 MO 19 TSC-LABOR SUPPORT,NBD HW,24X7 SW, D1 2X4, 1 MONTH 12 $487.80 $5,853.60 MFR# SUPD12X4NBD1 MO SBA certified"American Small Manufacturer" Subtotal $186,329.56 Shipping Tax Total Order Value $186,329.56 Remarks: PT Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbs@atransource.com Website: www.transource.com )(1 PC) Page 756 of 1712 PART# BAND CATEGORY MANUFAC D12X4 5 71151106 Datrium CN2000-SYS-1 5 71151106 Datrium OPT-CN-RAM-128GB-1 5 71151106 Datrium OPT-CN-SSD-1920GB-1 5 71151106 Datrium OPT-CN-10G-NIC-S-1 5 71151106 Datrium SUP-D12X4-PREM-1MO 5 Services Datrium SUP-CN2000-NBD-1MO 5 Services Datrium LIC-HOST-SW-1 5 71151106 Datrium SUP-CN2000-PREM-1MO 5 Services Datrium SUP-D12X4-NBD-1MO 5 Services Datrium Page 757 of 1712 The Pricing below was found in the Excel spreadsheet "NASP 2017_0426 PSS TRANSCOURCE. "http://www.transource.com/customers/NASPO_2015/default.as DESCRIPTION BASE LIST PRIG NASPO PRICE Datrium DVX NetShelf, 12 Bay 4TB $ 125,000.00 112,500.00 Datrium DVX Compute Node 2000, 1U,2S, 128GB,2x E5-2680 v4,28C $ 15,286.00 13,757.40 Option, DVX CN, Memory Upgrade,32GB DIMMs (set of 4) $ 1,935.00 1,741.50 Option, DVX CN, Cache SSD 1.92TB w/Sled $ 2,037.00 1,833.30 Option, DVX CN, 2-port 10G SFP+network interface card $ 615.00 553.50 Support, Premium,4HR HW,24X7 SW, D12X4, 1 Month $750.00 $675.00 Support, NBD HW, 240 SW, CN2000, 1 Month $65.00 $58.50 Datrium DVX Host Software,single host license $ 12,000.00 10,800.00 Support, Premium,4HR HW,24X7 SW, CN2000, 1 Month $84.00 $75.60 Support, NBD HW, 240 SW, D12X4, 1 Month $542.00 $487.80 Micron S650DC 160OGB SFF Small Form Factor Caddy w/screws Axiom Dual 10Gb SFP+ Network Cards Page 758 of 1712 xlsx" found on the web page 11 NASPO MINIMUM DISCOUNT Third Party A=ADELETE = DPRICE REDUCED = R 10.00% Y A 10.00% Y A 10.00% Y A 10.00% Y A 10.00% Y A 10.00% Y A 10.00% Y A 10.00% Y JA 10.00% Y JA 10.00% Y JA Page 759 of 1712 7.G. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Authorize utilizing the State of Florida Alternate Contract #43220000-W SCA-14-ACS for the purchase of Avaya network infrastructure equipment from STEPcg in the amount of $64,735.52. The City is allowed to purchase from State of Florida Contracts. EXPLANATION OF REQUEST: Contract Period: September 8, 2014- May 30, 2019 Server/Storage/Disaster Recovery project The I.T.S. Department and Utilities Department have Capital projects to replace servers, storage, and network equipment for the City's three datacenters. After viewing demos from Datrium DVX, Dell EMC VxRail, HPE Simplivity, Nutanix, and Scale Computing, the ITS Network Team selected Datrium DVX based on a combination of pricing and features. The Datrium DVS solution, when implemented in all three City datacenters, will fulfill the original intent of the separate C.I.P items. Datrium DVX requires 10GB network connectivity to function properly. The current network switches in the Utilities Datacenter and the Cities Disaster Recovery Datacenter only support 1GB network connectivity. This purchase will provide redundant 10GB switch in the Fire Station #5 and Utilities datacenters and a standalone 10GB switch in the City's Disaster Recovery Datacenter. This purchase is partially funded by Local Government Surtax Funds. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of the current network switches is a prerequisite for the Datrium open-converged server solution being installed at Fire Station #5, Utilities, and the Disaster Recovery Site. The network switch upgrade is required because the old network switch gear only supports 1GB bandwidth throughput. The new switch gear will provide 10GB bandwidth throughput. FISCAL IMPACT: Budgeted Funding has been approved during this year's capital improvement plan budget from three Cl P projects; • VSP7000 Switch - Datacenter (Account# 303-4101-580.64-15 - CIP Project# IT1814) in the amount of$20,000. • Exagrid Backup Appliance (Account# 303-4101-580.64-15 - C I P Project# IT21805) in the amount of $16,268.26. • Utilities SAN Replacement (Account#403-5000-536.31-90 - C I P Project# US 1801) in the amount of $28,467.26. ALTERNATIVES: Remain with the current network switch gear and end-of-life servers and S.A.N infrastructure. Not approve this purchase and issue a Bid for the purchase. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 760 of 1712 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Avaya NAS PO Information D Addendum Contract Addendum D Agreement NAS PO-Avaya Master Agreement D Quotes STEPcg Quote D Other NA C)-Avaya Price List Page 761 of 1712 Information found at the URL listed below http://www.dms.myflorida.com/business operations/state purchasing/vendor information/state cont racts and agreements/alternate contract source/data communications products services Data Communications Products &Services 43220004-WSCA- -ACS Ef+acti a Perim! 09)0&12014 through 11513012319 Contract Type: Alternate Contract Source Contract Inf,offnation Pricing Product Catego es List Contractors Contractors U CategoN H ow to Use this Cantra ct FrNuently Asked Questsrrrns Contract Participating Addenda Documents Master Agreements Amendments and Memorarndu,rns Forms and Other Inforrmiatilon Contract Rachel Hardwick Administration 850-922-1214 rach ell-hardwcka dms rrnvgorida corm Commodity UNSPSC-43220000,UNSP,SC-43190,000 U'N'SPSC-43201800,UNSPSC-43210000. UNSPSC- Codes 4322:11500,UNSPSC-43211512 UN' PSC-43211000,UINSPSC-43211504, UNSPSC-43,2117110, UNSPSC-43212200 UNSPSC 43220,0003 UJN'SPSC-43221700,UNSPSC 432225170.UNSPSC- 4322.2800,UNSPSC 432300007 UNSPSC-43232300,UJNSPSC-43232400, UNSPSC 43232700, UNSPSC-432328003 UNSPSC 432329003,UJN'SPSC-43233000,UNSPSC 43233200.UNSPSC- 43233500 Page 762 of 1712 vara I nc. Florida Climate Utiftes Friendly Recycles CBE�orl� Authorized Coverage Area Preferred Products Resellers Products ,A-Ikon-Milnority No No, des Statewide Ordering Ilnstructions Vendor: Avaya Inc. Vender Tax Id Number: F223713430002 Ordering Ilnformattan Name: Allen Ginder Tithe: RSL South Street Address or P.O.Box: city,State,Zip= Santa Mara,GA 95054-1233 Ernaiil Addlress allenaiL@avav,a.com Phone Number: +1 (786),331-0765 Federal ID Number F223713430002 Remit to Address: 4655 Great American Parkway City State,Zip: Santa Mara„CA 95051 4-12:33 Contract Administrator: Name: Allen Grader Tithe: RSL South Street Address or P.O.Box: 4855 Great American Parlay City,State,Zip Santa Clara,CA 95054-12,33 Email Addlress al9enql,@avaya.com Phone Number: +1 (786),331-0765 Authorized Resellers(,x 68.99 NSB) Page 763 of 1712 B C �I ;(ft;iri x,a+,S�I{{,2;>it t` {r„att J ltttli td 1!f �l t;,,,}r�,1,y,},y,},y,},y,,},y,},y,%y,},y,,},y,},y,>+,y,},y,,},y,},y,>+,y,},y,,},y,},y,>+,y,},y:},y,},y,>+,y,},y:},y,},y,%y,},y:},y,},y,%y,},y:},y,},y,%y,},y,,},y,},y,%y,},y,,},y,},y,%y,},ya,t,},},},},},},,},},},},},},},},,} Contact Informati n 7»+, ,r +,3,{ } i 7 r, s r, r, r, r, r, r, f t STEP!'� 17i�ti`'f „},s;}^'v� 'CO , mm,Poindexter rReginal SSI E aeutie, t 407 Vine St Suite 210 (� + 13t r1 dJ`+ t 17 t � rtl i ttr } tl( d(\+ IS lltf tr 7 r s )t{l rtt r )}}I's J}{+ Cincinnati OH 45262 )OAK ,fK { '}' r�it t i r}7{t r r r r r R 10 , ,),t),,.)i'.)i,,)i'.),,.)i'.),,) 47 - 72 'tr, r, r, r, r, I memo �t l`tlr f !ttl'r rst r+ rr t r r r r r r r r t dpoindext:er@st:epcg.com Orderi'rr Inforniatibrr Danny Poindexter 1 tlfj{t+yt P ry 7(t t\11' 'i?f{it r' 7 r{ o tttl `ly f tt N1 l{(ri r{'r l) t' ts 4ktFi� Vine St Suite 210 p } t ° ht 2{f{ ti +t r fI t) 1l�� rIt Itrt [lyS r1t r trt)l t( I (rss - z ) ft cta 14+ J f, '! stf ! ft 1 t1 tt1`t 11`t 11`t 11`t � tr{r�It CincinnatiH 45262 �fi}+ I�lt J r 1f l ” 4 t t t t t t t t 7 1 tr a �f rt` t t \r`_ A\f} 3S!!�'}3lItf13ll�+}3lI+'13lI�f}3lI+'13l I�f}3l I+'13l I�f}3l I+' 00110 ,f0 { '}' r�it t i r}7{t r r r r r I IRM ,,.}i'.)i,,)i'.),,.}i'.) 844 7'F3-374 �{ ,,,t„II At1,t 't Isola, r, t 3 dpoindexter stepcgg.cUoM I r 447 Vine St Suite 210 t\ i t stat'I '�'it+ -t tj O 1 f} J �t slt+ rfi rJ 1f) 7`tf �'k � �� r l t t t � ) Cincinnati CAH 45262 y {7rA 1f f +� \\ii'-;S!'tt1; Itt1; Itt1; Itt1; Itt1; Itt1; Itt1; Itt1; Itt1; Itt ! 1,1,t,,1,t,, Page 764 cd 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead-State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter "Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter "Participating State/Entity") Page 1 of 11 1.Scone: Contractor and the Division of Purchasing and General Services, an agency of the Lead State have executed State Cooperative Contract, Contract Number AR603 for Data Communications Products and Services 14-19 ("WSCA-NASPO Master Agreement"or"Master Agreement"). The Master Agreement, as now or hereafter amended and which constitute Special Conditions, is incorporated into this addendum ("Participating Addendum") as if set forth at length. This addendum covers the Data Communications Products and Services 14-19 contracts led by the State of Utah for use by state agencies and other entities located in the Participating State/Entity authorized by that state's statutes to utilize state/entity contracts with the prior approval of the state's chief procurement official. Capitalized terms not defined in this Participating Addendum shall have the meaning set forth in the Master Agreement., To the extent of a cpMicfi,o,f terms betWeen tie M ster,Agreement and thisParticipating Addendum, the order of precedence set forth in Sect�on, 1 of Attachment A of the Master Agreement shall apply. 2. Participation: Use of specific WSCA NASPOcooperative contracts by agencies,political '. subdivisions and other entitiesinclttding cooperatives}authorised by an`n+rlividual.state's statutes to use state/entity co, raps are subject to the prior approval of the�respectve State Chief Procurement Official. issues of interpretation and eligibility for par#icipatiQn are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master reement• (These modifications or additions apply only to actions and relationships within the Participating Entity.) i A. Eligible Users State agencies and other eligible users (hereinafter�collectivoty referred to as"Eligible Users" I or an"Eligible User") may make purchases`from this,Agreement pursuant to the terms and conditions of the Contract as modified and supplemented herein. B. Changes and Additions to the Contract 1. Upon execution of this Alternate Contract Source (ACS) agreement,the Department of Management Services (Department) and all Eligible Users may purchase products and services under the WSCA-NASPO contract No.AR603 for Data Communications Products&Services 14-19, Exhibit A. Page 765 of 1712 m PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter"Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-14-ACS (hereinafter"Participating State/Entity") Page 2 of 11 2. The Department and Eligible Users acknowledge and agree to be bound by the terms and conditions of the Master Agreement(Exhibit A),except as otherwise specified in this ACS. 3. The following are modifications to the Master Agreement(Exhibit A): a. PUR 1000 Form:The Department Purchasing Form PUR 1000 is attached hereto and incorporated herein as Exhibit B. b. Discrim #axy Vendors Ane Ltity far affjhate placed on the discriminatory vendor l�st:pursuant to sctrtsn87kT34 of the Florida Statutes may not: • submit bid on a corttract to provide any goods or services to a pubt 0`:' 'entity, r submit.a bid ou a contract^witlt a publYc entity for the,construc#�on or:repair of a pulIic,ui`lding or public work, • submit bids ori'leases`Qfreal property to apubTic,er tity, • be awarded or;perform worlt as a con#Tactor,supplier,sub--cbntractor,or consu,taint under`a'coxttracf`With any public entity,"ar • transact business with any public entity. c. Effective Date:The ACS shall become effective ort'the last date"signed below and is coterminous with Exhibit;A,unless tern linated eaili6f by the Department. Exhibit A specifies the term as June J1,2014,through May 31,2019`itrith no renewal options identified. d. Vendor Registration and Transaction Fees: In order to complete any transaction between Eligible Users and the Contractor, the Contractor must be registered with the Florida Department of State,Division of Corporations (www.sunbiz.org) and in MyFloridaMarketPlace.Section 287.042(1)(h),Florida Statutes, and Rule 60A-1.031, Florida Administrative Code, is hereby incorporated by reference. All transactions are subject to a one percent transaction fee pursuant to the rule. Page 766 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter "Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter "Participating State/Entity") Page 3 of 11 e. Orders:In order to procure products and services hereunder, Eligible Users shall issue purchase orders or use a Purchasing Card which shall reference this ACS. Eligible Users are responsible for reviewing the terms and conditions of this ACS and Exhibit A.Neither the Department nor WSCA-NASPO is a party to any purchase order issued hereunder. f. Compliance with Laws:The Contractor shall comply with all laws,rules, codes, ordinances,and licensing requirements that are applicable to the conduct of its busine s,=in+�Xudit g t ose of federal,State,.and local agencies having jurisdiction and au,,rity,Byway of non-exhaustive example, Chapter 287 of the Florida"Statutes`and Rule 60A-1 of the Florficla Administrative Codo;govern the ACS:By way of further non-exhaustive example,the Contractor shall comply with section 274A of the immigration and l'I`ationalization Aa,the Americans with Disabilities Act,and all prohibitions against discrimination on the basis of race, religion, sex;creed, national origin, handicap, marital status,or veteran's status. Violation of any laws,rules c+ades,,ordinances,nr licensing requirements shall be grounds for Contract termination or nonrenewaib the contract. g. Other Eligible Users: If any additional ordinance, rule, or othex local governmental authority requires;additional contract language before an Eligible User can make a purchase from the ACS referenced'above,in lieu of this ACS, the Eligible User is responsible for signing a separate contract with the Contractor, capturing that additional contract language. h. Provisions of section 287.058, Florida Statutes:The provisions of section 287.058(1)(a)-(c) and(g), Florida Statutes, are hereby incorporated by reference. i. Public Records: If,under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Page 767 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter ".Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter"Participating State/Entity") Page 4 of 11 Florida Statutes, the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from ptablzc rcorts-.dSosure r�+ quzrements are not disclosed except as authbok6d bylaw (4) Meet all equirements for retaining pu ST c records and transfer,at no cost,to the U+epartmezt all public records':zn possession of the Contractor updn termination of=the contract and destroy arty duplicate public records`tliat are exempt©r contiden#zal azid exempt from Ypublic records;disclosure; ` requirements.All records store'delectxonzcally;inust be provided to the Department in a format that is compatible with the information technology systems of.the Department The Department,niay u,rulaterally c4ticel this'Contract for<xefusal by the Contractor to coinply,with this section,by not allowing public access to all documents,papers,letters,or other material made cir received.by the contractor in conjunction wzth,the,contract,,u tless the records are,exempt from s. 24(a) of Art. I of the State Constitution and s.119:07(l),Florida Statutes. j. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.The Contractor shall comply with section 11.062,Florida Statutes and section 216.347,Florida Statutes,prohibiting use of funds to lobby the Legislature,Judicial,or state agencies. Page 768 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter "Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I 4-ACS (hereinafter "Participating State/Entity") Page 5 of 11 C. Contract Number All purchase orders issued by Eligible Users within the State of Florida shall include the Department of Management Service's contract number, 43220000-WSCA-I4-ACS, unless otherwise provided by Florida Law, statute,rule or this ACS. State agencies will not be required to submit an ACS form for purchases related to this ACS D. Contract Document This ACS and its Exhibits set forth the entire agreement between the parties with respect to the subject matter of this ACS.The terms and conditions of this ACS and its exhibits shall prevail and govern in the,case of,, �such,inconsistent or additional terms. E. Event of Dispute In the case of an ambiguity which requires extrinsic evidence to determine the intent of the parties, the following documents shall have priority in the order set forth below: 1. This Participating Addendunti. 2. Exhibit B,PUR 1000, , 3. Exhibit A State of Utah WSCA-NASPO Agreement,AR603, Data Communications Products&Services 1� 19: F. Intellectual Property Intellectual Property rights are as stated,in the WSCA-NASPO Agreement,Section 17.2. G. Employment Eligibility Verification Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Contractor is i required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the Contractor during the ACS term.Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state ACS utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the ACS term. Page 769 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter "Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter"Participating State/Entity") Page 6 of 11 H. Price hist/Preferred Price The Contractor's price list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department's website to the price list posted on the WSCA-NASPO website. Contractors are encouraged toprovide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR 1000 is not applicable. Use of the WSCA-NASPO price list will enable the Eligible Users to avail themselves of the best possible price and promote co4istition. Contractor and Contractor's resellers are not required to pass on to all Master ,,oreement End Users:or to all Partpation Addendum Eligible Users a price reduction, when,Contractor and Contractor's xeseller ex�teids actditianal discounts only to an individual ordering ctistoxrier far a specific order or a specific project,and such situations do not constitute Preferred Pricing: I. Scrutinized Comrpain List In executing this ACS, the Contractor certifies"that it is not listed on either the Scrutinized Companies with Fictivities m Sudan List or the Scrutied Ccntparties with liivities in the Iran Petroleum 1#nexgySector List,created pursuant to section, 16;433, Florida Statutes. Pursuant to subsection 287.135(5),.F`larida Statutes,Contractor`agrees the Department may immediately terminate this ACS for cause if the Contractor gs found to hare;submitted a false certification or if Contractor is placed on the Sciitinized Ccirripanies with Activities in Sudan List or the Scrutinized Companies with tiesin the"Iran Petroleum Energy Sector List during the term of the ACS. J- Ordering Instructions 1. The Contractor agrees to meet the following requirements: a. Provide appropriate contact information for Eligible Users to use for product and/or service inquiries and purchases,as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with this ACS; and Page 770 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No: AR603 (hereinafter"Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter "Participating State/Entity") Page 7 of 11 b. If orders are to be sent to resellers or distributors for fulfillment then the Contractor is responsible for providing this list of authorized resellers or distributors for use; and c. The accuracy of this information must be maintained by Contractor throughout the duration of the ACS; and 2. The Contractor must be able to accept Purchase Orders (PO)via fax, e-mail, or cXML as identified in L.1 below. K. Electronic Invoicing The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through,the MFMP: Contractor agrees,upon Department's request, to establish electronic nvoicing within ninety;(90)days of written request. Electronic invoices shalf,be submitted t4 the Customer through the Ariba Network(AN)in one of three mechanisms as listed below: 1. cXML(Commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for'electronic invoicing. 2. EDI(Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810)for use within the context of an EDI environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. 3. PO Flip via ASN The online process allows suppliers to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply"flipping" the P.O. into an invoice. This option does not require any special software or technical capabilities. Page 771 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:FiR603 (hereinafter "Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter "Participating State/Entity") Page 8 of 11 For the purposes of this section,the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use,reproduce, transmit, distribute, and publicly display,within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress,or other branding designation that identifies the,products made available by the Contractor under the ACS. L. Contract Quarterlyi Regurts The Contractor shall subrn�t Quarkerly Report in the requirnd,farmat electronically to the Department Contract 111Ianader within 3Q clays of"the ei d of,the quarter.The Departriient reserves the right tcr.requirc the Contractor to prov�deadditional repaits wrthaxt;30 days written notice. F`ai ure tc provide`the Quarterly Report or other.reports requested by the Department may result in the Contractor being found in default arid:xnay result .in `. termination of the A.CS. Sales will be reviewed on a quarterly basis Should no sales be iecorded,in two consecutive contract quarters,the,Departrnent maytefmin'ate the contract. M.Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary.The Department will provide the format for the Contractor's agenda.,Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance.The Contractor shall address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. i i i i i Page 772 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter "Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I 4-ACS (hereinafter "Participating State/Entity") Page 9 of 11 N. Commitment to Diversity in Government Contracting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-,women-,wartime-,and service- disabled veteran business enterprises in the economic life of the State.The State of Florida Mentor Protege Program connects minority-,women-,wartime-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the Stale of Florida to consider this initiative. For more information on the Mentor Proteg6 Program.,please contact the Office of Supplier Diversity at(850) 487-0915 orosdhelo_(&_dms.myflofida.com. Upon request, the Contractoi'shall r6p6rfiol the:Department spend with certified and other minority business enterprises.These reports will include the period covered, the name, minority code and Federal Employer Identification Number'of each minority vendor, utilized during the period. Commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Contract. O. Subcontractors/Fulfillrn+entPartners The Contractor may use a subcontractor or Fulfillment Partnerl in order,to provide adequate products and services.All subcontractors and Fulfillment Partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within the contract. If a"subcontractor or Fulfillment Partner is authorized to conduct business on behalf of the Contractor and the subcontractor or Fulfillment Partner is to receive compensation for its services, then any, dispute,with the exception of billing disputes related to Fulfillment Partner's invoice to Eligible User, shall be resolved between the Contractor and the subcontractor or Fulfillment Partner.The State of Florida is not a party to any agreement entered into between the Contractor and its subcontractor(s) and/or Fulfillment Partner(s). The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and/or Fulfillment Partners and shall ensure that all such subcontractors and Fulfillment Partners meet the following requirements: I Page 773 of 1712 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter"Contractor") And State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS (hereinafter "Participating State/Entity") Page 10 of 11 • Have an ACTIVE Registration with the Florida Department of State,Division of Corporations (www.sunbiz.org • Registered in the MFMP Vendor Information Portal (httRs://vendor.mAoridamarketRIace com) • Not be on the State of Florida's Convicted,Suspended,or Discriminatory lists http://www.dms.myflorida.com/business operations/Stat purchasing/vendor information %convicted susxtended discriminatory complaints vendor lists • Have a cope of e;V r"i-_Status on file • Have a current W 9 files with the Fl m awe artr6 nt'ofF aucial Services „ (https•//,hvendtir'm oridacftsom3 , ..i 4.Lease Agreements,Agencies rear leas equipment-through sltertafiive fiztancingritgeents other than through the Metef 1'loida Cosolidaeii Equipnt;Finatcing p .pgram(CES).'This option is governed by `sections 287.()63 and 287.E184,:F1orid Statutes,and Rule 69T-3;Floacida Administrative Code. The Department of Financial Seruices {DFS)Finance and leasing Section will review proposed leases tQ determine CoMpliance it kt all requirements and,"to ensure leases are economical and cost effective. The Elzgible lTser will be.,xequired to complete and submit to DFS the Checklist-Apprraval to Lease Equipment form. A copy of the"form may be found at the. DFS website: http://www.rnpflorrtdacfo.cotxt7ivisicin/AA/Forms/defaul#htrn Prior approval of the Chief Financial`Officer(as define+d in Section 17 011,Plorida Statutes) is required for State agencies to enter into or to-e to d any lease�or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. All State agencies are urged to review the Chief Financial Officer's latest memorandum addressing leases and deferred-payment purchases of equipment when considering the leasing or purchasing of equipment. DFS memos can be found at: http://www.myfloridacfo-com/Ijivision/AA/Memos/default.htm. 5. Primary Contacts:The primary contact individuals for this Participating Addendum are as follows (or their named successors): Page 774 of 1712 I PARTICIPATING ADDENDUM W'SCA-NASPt3 COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter"Lead Stater') MASTERAGREEMENT Avaya Inc. Master Agreement No:AR603 (hereinafter"Contractor") And State of Florida Alternate Contract Source Number 43220000-WSC,fi-14-ACS (hereinafter"Participating State/Entity".) Page 11 of 11 n Name An]La Inc.Rick Wharton Address HQ:4655 Great America Parlcwa. .Santa Clara,CA 95054-1233 Telephone 919-426-8304 E-mail rwhartqn@gaya.com Particigating Enti Name Florida Department of Management ServicesJerilyn Bailey Address 4050 Esplanade Way,Suite 360,Tallahassee,FL 32399-0950 Telephone 860-921-4072 Fax 890-414-6122 E-mail i2!rgn.bailey@dms.;qy#orida.com 6.WaMantof Authority:Each person signing this Participating Addendum warrants that he or she is duly authorized to do so and to bind the respective party. IN WITNESS WHEREOF,the parties have executed this Addendum as of the date of execution by both parties below. Participating State: Florida Contractor: Avaya Inc. Signature: Signature: Name: Name:Carson Hostetter 0 Title: Title:Area Sales Vice President Date: 7 /S /.S� Date:. Please email fully executed PDF copy of this document to j,f, a, °to support documentation of participation and posting in appropriate data bases. I I State of Utah Contract AR603 STATE OF UTAK - STATE COOPERATIVE CONTRACT CONTRACT NUMBER AR603 1. CONTRACTING PARTIES. This State Cooperative Contract is between the Division of Purchasing and General Services(State),3150 State Office Building,PO Box 141061,Salt Cake City,UT 84114-1061,an agency of the State of Utah,and the following CONTRACTOR: Avaya Inc. _ _ LEGAL STATUS OF CONTRACTOR Name ❑ Sole Proprietor 4655 Great America Parkway ❑ Non-Profit Corporation u Address 0 For-Profit Corporation Santa Clara. CA 95054 ❑ Partnership City State dip ❑ Government Agency Contact Person Linda Grande Phone#212-841-4858 Fax#212-841-4858 Email lsande( avava;,r._om Federal Tax ID##22-3713430 Vendor#93685A Commodity Code#20458 -204§4.20621,20623,20659,8383.3, 83800. 88332.92000 2. GENERAL PURPOSE OF CONTRACT: The general pHrTpose of this contract is to,provide:. Data communication equipment and services.A detailed list of awarded categories and subcategories are included in Attachment B-Scope of Work. Avaya is authorized to provide equipment and services in the following categories: 5.2.2 Networking Software 5.2.4 Optical Networking 5.2.5 Routers 5.2.6 Security 5.2.8 Switches 5.2.9 Wireless 5.3.0 Unified Communications 3. CONTRACT PER10D: Effective date:June 1,2014 Tennination date:Ma 3__x_�2019 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal options(if any): NIA 4. PRICING AS PER THE ATTACHMENT C PAYMENT TERMS: Net 30 DAYS REQUIRED FOR.DELIVERY:30 days ARO MINIMUM ORDER: NIA FREIGHT TERMS: FOB Destination,Freight Prepaid 5. ATTACHMENT A: Standard Contract Terms and Conditions, State Cooperative Contract ATTACHMENT B: $cope of Work ATTACHMENT C: Product Offerings and Pricing ATTACHMENT D: Vendor's Response to Solicitation JP14001.The parties hereby acknowledge and agree that any exceptions stated in attachment."D"—Vendor's Proposal Response.have been removed and/or resolved between the parties. Any exception in attachment"D"are explicitly NOT a part of this contract. Rev 05Y14112 Page 776 of 1712 State of Utah Contract AR603 Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A.State specific Terms and Conditions will be found in the executed Participating Addendums.State Terms and Conditions in an executed Participating Addendum will take priority in the event of conflict between those terms and conditions and this Cooperative Contract. 6. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. All other governmental laws,regulations,or actions applicable to the goods and/or services authorized by this contract. b. Utah State Procurement Code,Procurement Rules,CONTRACTOR'S response to Bid#JP 14001 and JP14001-1 dated August 30,2013 and December 2,2013,and Bid#JP14001 and JP14001-1 dated August 30,2013 and December 2,2013. IN WITNESS WHEREOF,the parties sign and cause this contract to be executed. C074TRACTOR �� STATE OF UTAH &V Contractors igll.zt0 Dateerector,Div.of Purchasing&General gv ; Date Typ or Print Name and Title Rcv 05/14/12 Page 777 of 1712 State of Utah Contract Number: AR603 ATTACHMENT A—WSCA-NASPO Terms and Conditions F P WSCA-NASPO Master Agreement Terms and Conditions 1. AGREEMENT ORDER OF PRECEDENCE: The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. WSCA-NASPO Master Agreement Terms and Conditions; 3. The Statement of Work; 4. The Solicitation; and 5. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor's response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor quotation/sales order or in similar documents subsequently provided by the Contractor. 2. AMENDMENTS The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Contract Administrator. 3. ASSIGNMENT/SUBCONTRACT. 3.1. Neither party shall assign, sell, or transfer its rights and responsibilities under this Agreement (other than the right to receive any amount due, which shall be freely assignable upon written notice to Purchaser), in whole or in part, without the prior written approval of the other party, which approval will not be unreasonably withheld. Notwithstanding the 1 Page 778 of 1712 State of Utah Contract Number: AR603 foregoing, Contractor shall have the right to assign all or part of this Agreement as part of a merger, corporate reorganization, or sale of assets or to a majority-owned or majority- controlled subsidiary or affiliate, or to Fulfillment Partners, and to subcontract Services to third parties provided that Contractor remains responsible for the performance of such Services by subcontractors done in the normal course of their business obligations and duties to Contractor. However, in all cases notwithstanding subcontracting, the Purchaser will deal only with invoices and payment through either Contractor or the Fulfillment Partners listed on the individual Participating Addendum. Any allowed assignee or merged entity shall be subject to all the terms of this Agreement. 3.2. Contractor may, with prior written consent from Participating States, which consent shall not be unreasonably withheld, enter into subcontracts with third parties as "Fulfillment Partners". Fulfillment Partners are Subcontractors who may provide Products and Services under this Agreement at the Price Discounts established in this Agreement and bill Purchasers directly for such Products and Services. 3.3. Contractor, as well as Fulfillment Partners participate in the Federal Communication Commission's E-rate discount program established under the authority of the Federal Telecommunications Commission Act of 1996 and may accept and process E-Rate transactions under their own E-rate registration numbers. 3.4. (Intentionally Deleted) 4. CANCELLATION 4.1. Termination for Convenience 4.1.1. WSCA-NASPO Master Agreement: Either party (Lead State or Contractor) may terminate this WSCA-NASPO Master Agreement for convenience at any time by providing the other party with at least ninety (90) calendar days' written notice prior to the effective date of the cancellation. The WSCA-NASPO Master Agreement shall automatically terminate at the end of the period for which notice is given. Any cancellation under this provision shall not affect the rights and obligations of either party attending orders outstanding at the time of cancellation, e.g., any right of Purchasing Entity to indemnification by the Contractor, rights of Contractor payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any prior order. 4.2. Rights On Termination or Expiration 4.2.1. Upon termination or expiration of this Agreement or a Participating Addendum, (a) Contractor reserves the right to cease all further delivery of Product or Services, (b) all outstanding invoices become due and payable within thirty (30) days of termination, and (c) 2 Page 779 of 1712 State of Utah Contract Number: AR603 all rights and licenses of Participating Entity under this WSCA-NASPO Master Agreement shall terminate, subject to the terms of this Section. If Contractor agrees to complete delivery of any further Products or Services due against any existing accepted Purchase Orders then Participating Entity shall pay for such Products or Services in advance within thirty (30) days. 4.2.2. Except for a termination of this WSCA-NASPO Master Agreement resulting from Participating Entity's breach of Section 17 (License of Pre-Existing Intellectual Property), Section 5 (Confidentiality, Non-Disclosure and Injunctive Relief), or Section 16 (Laws and Regulations), upon termination or expiration of this WSCA-NASPO Master Agreement, Participating Entity may continue to use, in accordance with the terms and conditions of this WSCA-NASPO Master Agreement and/or the Participating Addendum, Products provided to it by Contractor prior to the date of termination or expiration provided payment has been made in full for such Products. 4.2.3. Upon termination or expiration of this WSCA-NASPO Master Agreement, Participating Entity shall immediately return to Contractor all Confidential Information (including all copies thereof) then in Participating Entity's possession, custody or control (except that Participating Entity may retain one archival copy for records retention purposes only as required by law); provided that, except for a termination resulting from Participating Entity's breach of Section 17 (Intellectual Property and Software Licensing), Section 5 (Confidential Information), or Section 16 (Export, Re-Export), Participating Entity may retain a sufficient amount of such Confidential Information and material to operate its installed base of Products. 4.2.4. In the event of any termination pursuant to this section, and unless otherwise required by law or court of competent jurisdiction, Purchaser shall remain obligated to comply in perpetuity with the provisions of Section 17 (Software License), Section 16 (Export Restrictions), or Section 5 (Confidential Information). 4.3. Validity of Orders The parties agree that if Purchaser places a firm Order prior to the expiration or termination of this WSCA-NASPO Master Agreement (or a Participating Addendum), which by its terms would extend beyond the expiration or termination of this WSCA-NASPO Master Agreement (or a Participating Addendum), and Contractor has accepted such Purchase Order(s) prior to the expiration or termination of this WSCA-NASPO Master Agreement or a Participating Addendum, then any such Purchase Order(s) (i) shall remain in effect and be governed by the terms and conditions of this WSCA-NASPO Master Agreement, and (ii) shall survive expiration of this WSCA-NASPO Master Agreement in accordance with the terms herein but will not be considered an extension of the term of this WSCA-NASPO Master Agreement nor a renewal thereof. No Orders placed after expiration or termination of this WSCA-NASPO Master Agreement shall be valid. 3 Page 780 of 1712 State of Utah Contract Number: AR603 5. CONFIDENTIALITY, NON-DISCLOSURE AND INJUNCTIVE RELIEF 5.1 Confidentiality. Whereas, either party, for the parties' mutual benefit, may desire to disclose to the other, certain information it considers confidential and/or proprietary; and whereas, Contractor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients, now, therefore, the parties agree that any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by the receiving party, its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, (c) information concerning individuals, (d) information protected by copyright, patent, trademark, or trade secret laws, and (e) either party's business and/or technical information is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by receiving party shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes publicly known other than by an act or omission of the receiving party; (b) is furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in receiving party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractors of disclosing party who can be shown to have had no access to the disclosing party's Confidential Information. 5.2 Non-Disclosure. The receiving party shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to the receiving party, hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The receiving party shall use commercially reasonable efforts to assist disclosing party in identifying and preventing any unauthorized use or disclosure of any Confidential Information within its possession. Without limiting the generality of the foregoing, receiving party shall advise disclosing party immediately if receiving party learns or has reason to believe that any employee of receiving party, having access to Confidential Information has violated the Confidentiality obligation of this Master Agreement and receiving party shall at its expense cooperate with disclosing party in seeking injunctive or other equitable relief in the name of disclosing party or receiving party against any such violation. Except as directed by disclosing party, receiving party will not at any time during or within (5) five years after the term of this Master Agreement disclose, provided trade secrets shall remain confidential for so long as they remain trade secrets, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, 4 Page 781 of 1712 State of Utah Contract Number: AR603 and that upon termination of this Master Agreement or at disclosing party's request, receiving party shall turn over to disclosing party all documents, papers, and other matter in receiving party's possession that embody Confidential Information. Notwithstanding the foregoing, receiving party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement and such other necessary copies of Confidential Information as may be in receiving party's possession associated with normal back-up and archiving processes. 5.3 Injunctive Relief. Receiving party acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to the disclosing party that is inadequately compensable in damages. Accordingly, disclosing party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Receiving party acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of disclosing party and are reasonable in scope and content. 6. DEBARMENT The contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. 7. DEFAULTS if REMEDIES 7. Defaults if Remedies: 7.1. WSCA-NASPO Master Agreement: The Lead State or Contractor may terminate this WSCA-NASPO Master Agreement if either party breaches the terms of the WSCA-NASPO Master Agreement as follows: (a) immediately upon providing written notice to the breaching party if the breach is not capable of being cured, and (b) thirty (30) calendar days after providing written notice to the breaching party if the breaching party otherwise fails to cure a material breach within such thirty (30) calendar day period or commence cure within such thirty (30) calendar day period or diligently pursue completion of such cure. Notwithstanding the foregoing, the WSCA-NASPO Master Agreement may be terminated immediately by Contractor for cause in the event of Purchaser's breach of the following Sections in the WSCA-NASPO Master Agreement Terms and Conditions; Section 17 (License of Pre-Existing Intellectual Property), Section 16 (Laws and Regulations), or Section 5 (Confidentiality, Non-Disclosure and Injunctive Relief). 8. ORDERS and DELIVERY 5 Page 782 of 1712 State of Utah Contract Number: AR603 Notwithstanding anything contained in the Agreement to the contrary: 8.1. Contractor reserves the right to require that purchases be made through Fulfillment Partners. Where so required by Contractor, Purchasers shall not order Products or Services directly from Contractor and shall order same from Fulfillment Partner. Purchaser shall purchase Products by issuing a written or electronic Purchase Order, signed or (in the case of electronic transmission) sent by its authorized representative, referencing this Agreement and PA, indicating specific Products, Services, quantity, unit price, total purchase price, shipping instructions, requested delivery dates, bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special instructions. 8.2. Any contingencies on Purchaser's Purchase Orders, that are made through Fulfillment Partners, are not binding upon Contractor. The terms and conditions of this Agreement and the relevant PA prevail, regardless of any additional or conflicting terms on the Purchase Order, or other correspondence from Purchaser to Contractor or Fulfillment Partner and any additional or conflicting terms are deemed rejected unless Contractor or Fulfillment Partner has expressly agreed to such terms in writing. Mere acceptance or processing of a Purchase Order, Order or Order Document containing such terms shall not constitute such express consent. 8.3. All Purchase Orders are subject to Contractor's or Fulfillment Partner's reasonable acceptance. 8.4. Purchaser may defer Product shipment up to thirty (30) days from the originally scheduled shipping date, provided written notice is received by Contractor or Fulfillment Partner at least ten (10) days before the originally scheduled shipping date. Cancelled orders, rescheduled deliveries or Product configuration changes made by Purchaser less than ten (10) days before the original shipping date are subject to Contractor's or Fulfillment Partner acceptance and a charge of thirteen percent (13%) of the total order amount relating to the affected Product(s). Contractor reserves the right to reschedule delivery due to configuration changes made within ten (10) days of scheduled shipment. No cancellation shall be accepted by Contractor or Fulfillment Partner where Products are purchased with implementation Services, including but not limited to design, customization or installation Services, except as may be set forth in the Agreement or Statement of Work under which the Services are to be rendered. Notwithstanding anything to the contrary, if Contractor or Fulfillment Partner is delayed in shipping the Product for thirty (30) days or more from the original shipping date, the Participating Entity may cancel the order without charge. 8.5. Services. Purchaser may place Purchase Orders for the various Services offered by Contractor. The provision of any such Services, if accepted by Contractor, shall be subject to the terms and conditions set forth in this Agreement, as well as the then-current scope of service offerings set forth on Contractor's website. Contractor reserves the right to 6 Page 783 of 1712 State of Utah Contract Number: AR603 subcontract services to a third party maintenance organization to provide the Services to the Purchaser. 8.6. After receipt and acceptance by Contractor or Fulfillment Partner of Participating Entity's Purchase Order(s), Contractor or Fulfillment Partner will use commercially reasonable efforts to ship all direct purchase orders designated for shipment to U.S. locations on or after thirty (30) days of the Participating Entity requested date for Products. Please note that the following circumstances may affect lead times: (i) new products purchased within the first three (3) months of release of the Product which are subject to Contractor's then current published lead-times, (ii) third-party stand-alone products which are not a component of equipment resold by Contractor, (iii) end-of-life Products where the termination of the Product has been announced by Contractor, (iv) Products which have been line-stopped due to software discrepancies, reconfiguration, industry-wide product shortages, or alleged infringement claims, or (vi) situations where government rated orders create delays in lead- times. 8.7. Contractor or Fulfillment Partner will communicate scheduled shipping dates within three (3) business days after receipt of a Purchase Order provided that in the event such notification is not received in this time period, Participating Entity shall notify Contractor or Fulfillment Partner of the non-receipt, and Contractor's or Fulfillment Partner's sole obligation with respect to such non-receipt shall be to promptly provide the information to the Participating Entity after such notification. 8.8. If Contractor or Fulfillment Partner has reason to believe that the actual shipment date will occur later than the original shipment date acknowledged by Contractor or Fulfillment Partner for reasons caused by Contractor or Fulfillment Partner, Contractor or Fulfillment Partner shall use commercially reasonable efforts to promptly provide additional information to Participating Entity including by electronic posting of the expected period of delay and, upon request, of the steps available, if any, to minimize the delay. If the extended delivery date is anticipated to be more than thirty (30) calendar days beyond the originally scheduled delivery date, Purchaser may cancel order without any restocking charges. 8.9. Shipping terms are FOB destination, shipping and handling prepaid by Contractor or Fulfillment Partner. The method of shipment shall be consistent with the nature of the Products and hazards of transportation. When Purchaser does not procure installation and implementation Services coincident with the purchase of the Product, then acceptance by Purchaser occurs upon receipt of delivery of the applicable Products to the applicable Purchaser. When Purchaser does procure installation and implementation Services from Contractor coincident with the purchase of Products, then a Statement of Work shall be required and the timing for acceptance of the applicable Products shall be as defined in the SOW, but if the SOW has a Milestone schedule, then the timing for acceptance for each Milestone shall be as defined in the SOW. Title and risk of loss of hardware Products shall pass to Purchaser upon delivery at destination. 7 Page 784 of 1712 State of Utah Contract Number: AR603 8.10. If Purchaser requests delivery of Products to Purchaser's forwarding agent or other representative, Purchaser assumes responsibility for compliance with applicable export laws and regulations. 8.11. (Intentionally deleted) 8.12. All sales are final. Except as provided in Contractor's Warranty (see Section 30), Contractor only permits the return of un-opened Products due to Contractor's or Fulfillment Partner's shipping or order processing error, or damage in transit. No other returns are authorized under this Agreement. Warranty returns will not be subject to any restocking charges. 9. FORCE MAJEURE Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 10.GOVERNING LAW This procurement and the resulting Agreement shall be governed by and construed in accordance with the laws of the state sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreement(s) shall be governed by and construed in accordance with the laws of the Participating Entity's state. Venue for any claim, dispute or action concerning an order placed against the Master Agreement(s) or the effect of an Participating Addendum shall be in the Purchasing Entity's state. 11. INDEMNIFICATION (Intentionally Deleted, See Sections 12 and 15.2) 12. INDEMNIFICATION - INTELLECTUAL PROPERTY 12. INFRINGEMENT defense and INDEMNIFICATION 12.1 Defense and Indemnity. Contractor will defend WSCA-NASPO, the Lead State and Participating Entities, along with their officers, agencies, and employees, ("Indemnified Parties") at Contractor's expense, against any Claim, as defined below, and will indemnify Indemnified Parties as provided for in this Section12 for any judgments, settlements and court awarded attorney's fees resulting from a Claim. Contractor's obligations under this Section 12 are conditioned on the following: (i) Indemnified Parties promptly notifies Contractor of the Claim in writing upon Indemnified Party being made aware of the Claim; (ii) Indemnified Party gives Contractor sole authority and control of the defense and (if applicable) settlement of the Claim, provided that Indemnified Party's legal counsel may participate in such defense and settlement, at Indemnified Party's expense, and (iii) Indemnified Party provides all information and assistance reasonably requested by Contractor to handle the defense or settlement of the Claim. For purposes of this Section, "Claim" means any cause of action in a 8 Page 785 of 1712 State of Utah Contract Number: AR603 third party action, suit or proceeding against Indemnified Party alleging that a Product as of its delivery date under this Agreement infringes a valid U.S. patent, copyright or trademark. 12.2 Remedial Measures. If a Product becomes, or Contractor reasonably believes use of a Product may become, the subject of a Claim, Contractor may, at its own expense and option: (i) procure for Indemnified Party the right to continue use of the Product; (ii) replace or modify the Product; or to the extent that neither (i) nor (ii) are deemed commercially practicable, (iii) refund to Indemnified Party a pro-rated portion of the applicable price paid for the Product based on a linear depreciation monthly over a five (5) year useful life, in which case Indemnified Party will cease all use of the Product and return it to Contractor. 12.3 Exceptions. Contractor will have no defense or indemnity obligation for any Claim based on: (i) a Product that has been modified by someone other than Contractor or Contractor's subcontractors unless such modification is approved by Contractor's VP Intellectual Property Law. For clarification, modifications do not include the normal and customary customization required as a part of implementation; (ii) a Product that has been modified by Contractor in accordance with Indemnified Party-provided specifications or instructions; (iii) use or combination of a Product with Third Party Products, open source or freeware technology; (iv) Third Party Products, open source or freeware technology; (v) a Product that is used or located by Indemnified Parties in a country other than the country in which or for which it was supplied by Contractor or (vi) possession or use of the Product after Contractor has informed Indemnified Parties of modifications or changes in the Product required to avoid such Claim and offered to implement those modifications or changes, if such Claim would have been avoided by implementation of Contractor's suggestions and to the extent Indemnified Party did not provide Contractor with a reasonable opportunity to implement Contractor's suggestions; "Third Party Products" means any products made by a party other than Contractor, and may include, without limitation, products ordered by Indemnified Party from third parties. However, components of Contractor-branded Products are not Third Party Products if they are both: (i) embedded in Products (i.e., not recognizable as standalone items); and (ii) not identified as separate items on Contractor's price list, quotes, order specifications forms or Documentation. 12.4 Sole Remedy. THE FOREGOING STATES CONTRACTOR'S ENTIRE LIABILITY, AND INDEMNIFIED PARTY'S SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY. 13. INDEPENDENT CONTRACTOR The Contractor and Fulfillment Partners shall be an independent contractor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective Participating States to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the Participating States, except as expressly set forth herein. 9 Page 786 of 1712 State of Utah Contract Number: AR603 14. INDIVIDUAL CUSTOMER Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Participating Entity will be responsible for its own charges, fees, and liabilities. The Contractor or Fulfillment Partner will apply the charges and invoice each Participating Entity individually. 15. INSURANCE; HOLD HARMLESS; GENERAL INDEMNITY; LIMITATION OF LIABILITY; CONSEQUENTIAL AND OTHER DAMAGES: 15.1 INSURANCE. Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contractor. Prior to commencement of the work, Contractor shall provide to the Participating Entity a written endorsement to the Contractor's general liability insurance policy that (i) Include the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. 10 Page 787 of 1712 State of Utah Contract Number: AR603 Contractor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at Lead State's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement. 15.2. General Indemnity. Subject to governmental immunities of the Participating States, each party to this Agreement and to each Participating Addendum, as the case may be, shall defend, indemnify and hold harmless the other, its corporate affiliates and their respective officers, directors, employees, and agents and their respective successors and assigns from and against any and all claims, losses, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees), including without limitation those based on contract or tort, arising out of or in connection with a claim, suit or proceeding brought by a third party based upon bodily injury (including death) or damage to tangible personal property arising from the negligent or intentional acts or omissions of the indemnifying party or its subcontractors, or the officers, directors, employees, agents, successors and assigns of any of them. In the event that the indemnified party's or a third party's negligent or intentional acts or omissions contributed to cause the injury or damage for which a claim of indemnity is being asserted against the indemnifying party hereunder, the damages and expenses (including, without limitation, reasonable attorneys' fees) shall be allocated or reallocated, as the case may be, between the indemnified party, the indemnifying party and any other party bearing responsibility in such proportion as appropriately reflects the relative fault of such parties, or their subcontractors, or the officers, directors, employees, agents, successors and assigns of any of them, and the liability of the indemnifying party shall be proportionately reduced. The foregoing indemnification obligations are conditioned upon the indemnified party promptly notifying the indemnifying party in writing of the claim, suit or proceeding for which the indemnifying party is obligated under this Subsection, cooperating with, assisting and providing information to, the indemnifying party as reasonably required, and granting the indemnifying party the exclusive right to defend or settle such claim, suit or proceeding; provided that any such settlement or compromise includes a release of the indemnified party from all liability arising out of such claim, suit or proceeding. 15.3. Limitation of Liability. EXCEPT FOR THOSE OBLIGATIONS UNDER SECTIONS 12 (INFRINGEMENT DEFENSE AND INDEMNIFICATION ) AND 15.2 (GENERAL INDEMNITY), NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF CONTRACTOR AND ITS SUPPLIERS TO ANY PARTICIPATING ENTITY FOR CLAIMS ARISING UNDER THIS AGREEMENT, THE 11 Page 788 of 1712 State of Utah Contract Number: AR603 APPLICABLE PARTICIPATING ADDENDUM, SHALL BE LIMITED TO THE AMOUNT ORDERED FROM CONTRACTOR FOR PRODUCTS OR FOR SERVICES WITH RESPECT TO SUCH PARTICIPATING ENTITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY, UP TO $5,000,000. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT, AND THIS PROVISION SHALL NOT LIMIT A PURCHASING ENTITY'S CLAIM OF REFUND FOR AMOUNTS PAID FOR PRODUCTS OR SERVICES NOT MEETING MASTER AGREEMENT REQUIREMENTS. 15.4. Waiver of Consequential and Other Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAVING BEEN INFORMED OF THE POSSIBILITY THEREOF. 15.5 HOWEVER THESE LIMITATIONS OF LIABILITY WILL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, PERSONAL INJURY, BREACHES OF EITHER PARTY'S CONFIDENTIAL INFORMATION OR BREACHES OF CONTRACTOR'S LICENSE RESTRICTIONS. THE LIMITATIONS OF AGGREGATE LIABILITY WILL NOT APPLY TO CONTRACTUAL INDEMNIFICATION OBLIGATIONS PROVIDED IN THE AGREEMENT 16. LAWS AND REGULATIONS 16. Laws and Regulations. The parties will observe all applicable laws and regulations when using the Products and work product of any Services. WSCA-NASPO or Participating Entity, as applicable, is advised that the Products, including any Software, are of U.S. origin and subject to the U.S. Export Administration Regulations ("EAR"). Products also may be subject to applicable local laws and regulations. Diversion contrary to U.S. and/or applicable local country law and/or regulation is prohibited. WSCA-NASPO or Participating Entity, as applicable, agrees not to directly or indirectly export, re-export, import, download, or transmit Products to any country, end user or for any use that is contrary to applicable U.S. and/or local country regulation or statute (including but not limited to those countries embargoed by the U.S. government). WSCA-NASPO or Participating Entity, as applicable, represents that neither the U.S. Bureau of Industry and Security ("BIS") nor any governmental agency has issued sanctions against such party or otherwise suspended, revoked or denied party's export privileges. WSCA-NASPO or Participating Entity, as applicable, agrees not to use or transfer Products for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.S. and applicable local government by regulation or specific written license. Additionally, WSCA-NASPO or Participating Entity, as applicable, is advised that Products may contain encryption algorithm or source code that may not be exported to government or military end users without a license issued by the U.S. BIS and any other country's governmental agencies, where applicable. 12 Page 789 of 1712 State of Utah Contract Number: AR603 17. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY 17.1 CONTRACTOR'S SOFTWARE LICENSE TERMS These Contractor's Software License Terms apply if and to the extent Software is purchased from Contractor or Fulfillment Partner under this Agreement. THIS END USER LICENSE AGREEMENT ("SOFTWARE LICENSE TERMS") IS APPLICABLE TO THE USE OF CONTRACTOR'S PROPRIETARY SOFTWARE AND THIRD-PARTY PROPRIETARY SOFTWARE. READ THESE SOFTWARE LICENSE TERMS CAREFULLY, IN THEIR ENTIRETY, BEFORE INSTALLING, DOWNLOADING OR USING THE CONTRACTOR SOFTWARE (AS DEFINED IN SECTION A BELOW). BY INSTALLING, DOWNLOADING OR USING THE CONTRACTOR SOFTWARE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU" AND "END USER"), AGREE TO THESE SOFTWARE LICENSE TERMS AND CONDITIONS AND CREATE A BINDING CONTRACT BETWEEN YOU AND AVAYA INC. OR THE APPLICABLE AVAYA AFFILIATE ("CONTRACTOR"). A. Scope. These Software License Terms are applicable to anyone who installs, downloads, and/or uses Contractor Software and/or Documentation, obtained from Contractor or Fulfillment Partner. You are not authorized to use the Software if the Software was obtained from anyone other than Contractor or a Fulfillment Partner. With respect to third party elements subject to a Shrinkwrap License or other Third Party Terms, the Shrinkwrap License or other Third Party Terms shall take precedence over these Software License Terms to the extent of any conflict. Some or all of the Software may be remotely hosted or accessible to you through the internet. "Software" means computer programs in object code, provided by Contractor or a Fulfillment Partner, whether as stand-alone products or pre-installed on hardware products, and any upgrades, updates, bug fixes, or modified versions thereto. "Documentation" means information published by Contractor in varying mediums which may include product information, operating instructions and performance specifications that Contractor generally makes available to users of its products. Documentation does not include marketing materials. B. License Grant. Contractor grants you a personal, non-sublicensable, non-exclusive, non-transferable license to use Software and associated Documentation obtained from Contractor or a Fulfillment Partner and for which applicable fees have been paid for your internal business purposes at the indicated capacity and features and within the scope of the applicable license types described below and at locations where the Software is initially installed. Documentation shall be used only in support of the authorized use of the associated Software. Software installed on mobile-devices and clients, such as a laptop or mobile phone, may be used outside of the country where the software was originally installed, provided that such use is on a temporary basis only. (i) Right to Move License Entitlements. Notwithstanding the foregoing limitation permitting use of the Software only at the location where it is initially installed, you may move eligible right to use license entitlements (RTU's) for certain specified types of Software from one location to another in accordance with Contractor's then-current software license portability policy for 13 Page 790 of 1712 State of Utah Contract Number: AR603 that Software ("License Portability Policy"), which is available upon request, subject to the following conditions set forth in this Section b(i): (a) You shall provide written notice within ten (10) days to Contractor of any RTU moves including but not limited to, the number and type of licenses moved, the location of the original Server and the location of the new Server, the date of such RTU moves and any other information that Contractor may reasonably request; (b) You may only move RTU's to and from Designated Processors or Servers supporting the same Software application; (c) You must reduce the quantity of the licenses on the original Server by the number of RTU's being moved to the new Server. (d) You acknowledge that (1) you may be charged additional fees when moving RTU's as per Contractor's then-current License Portability Policy, (2) maintenance services do not cover system errors caused by moves not performed by Contractor, (3) you are responsible for any programming, administration, design assurance, translation or other activity to make sure the Software will scale and perform as specified as a result of any license moves, and if any such transfer results in a requirement for Contractor system engineering or requires the use of on-site Contractor personnel, you will be charged the Time Et Materials fees for such activity; (e) If your maintenance coverage differs on licenses on the same product instance at the location of the new Server, service updates, recasts and/or fees may apply and any fee adjustments for differences in coverage will only be made on a going forward basis as of the date Contractor receives notice of the RTU move; and (f) You may move RTU's from one Affiliate to another Affiliate provided that you comply with all of the conditions of this section, including, without limitation, providing the name and address of the new Affiliate in your written notice under subpart (a) above, and provided such new Affiliate agrees to be bound by these Software License Terms. "Affiliate" means any entity that is directly or indirectly controlling, controlled by, or under common control with Contractor or End User. For purposes of this definition, "control" means the power to direct the management and policies of such party, directly or indirectly, whether through ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing. (ii) Non-Production License Grant. With respect to Software distributed by Contractor to you for non-production purposes, the scope of the license granted herein shall be to use the Software in a non- production environment solely for testing or other non-commercial purposes on a single computer or as otherwise designated by Contractor ("Non-Production License"). C. All Rights Reserved. Contractor or its licensors retain title to and ownership of the Software, Documentation, and any modifications or copies thereof. Except for the limited license rights expressly granted in these Software License Terms, Contractor or its licensors reserve all rights, including without limitation copyright, patent, trade secret, and all other intellectual property rights, in and to the Software and Documentation and any modifications or copies thereof. The Software 14 Page 791 of 1712 State of Utah Contract Number: AR603 contains trade secrets of Contractor, its suppliers, or licensors, including but not limited to the specific design, structure and logic of individual Software programs, their interactions with other portions of the Software, both internal and external, and the programming techniques employed. D. General License Restrictions. To the extent permissible under applicable law, you agree not to: (i) decompile, disassemble, reverse engineer, reverse translate or in any other manner decode the Software; (ii) alter, modify or create any derivative works or enhancements, adaptations, or translations of the Software or Documentation; (iii) sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software or Documentation except as expressly authorized by Contractor in writing, and any attempt to do so is void; (iv) distribute, disclose or allow use of the Software or Documentation, in any format, through any timesharing service, service bureau, network or by any other similar means, such as hosting or cloud, except as expressly authorized by Contractor in writing; (v) allow any service provider or other third party, with the exception of Contractor's authorized maintenance providers who are acting solely on behalf of and for the benefit of End User, to use or execute any software commands that facilitate the maintenance or repair of any product; (vi) gain access to or the use of any Software or part thereof without authorization from Contractor; (vii) enable or activate, or cause, permit or allow others to enable or activate any logins reserved for use by Contractor or Contractor's authorized maintenance providers; (viii) publish the results of any tests run on the Software; (ix) disclose, provide, or otherwise make available to any third party any trade secrets contained in the Software or Documentation; (x) use the Software in a virtualized environment except as expressly authorized by these Software License terms; or (xi) permit or encourage any third party to do any of the foregoing. End User agrees not to allow anyone other than its authorized employees, agents or representatives who have a need to use the Software or Documentation to have access to the Software or Documentation. End User agrees to inform any third party to whom you give access to the Software or Documentation of these Software License Terms and shall obligate such third party to comply with such terms and provisions. End User shall be responsible for any third party's failure to comply with these Software License Terms and shall indemnify Contractor for any damages, loss, expenses or costs, including attorneys' fees and costs of suit, incurred by Contractor as a result of non-compliance with this section. E. Proprietary Rights Notices. End User shall affix to each copy of the Software made by End User, in the same form and location, a reproduction of the copyright notices, trademarks, and all other proprietary legends and/or logos of Contractor and/or Contractor's suppliers appearing on the original copy of the Software delivered to End User, and shall retain the same without alteration on all original copies. F. Backup Copies. End User may create a reasonable number of archival and backup copies of the Software and the Documentation. G. Upgrades - End User's right to use any upgrades to the Software shall be conditioned upon End User having a valid license to use the original Software and paying the applicable license fee to Contractor or a Fulfillment Partner for such upgrade. H. Intentionally Deleted). 15 Page 792 of 1712 State of Utah Contract Number: AR603 I. Compliance. Contractor and the Fulfillment Partner who provided the Software have the right to inspect or audit by remote polling or other reasonable means, and to inspect End User's books, records, and accounts during normal business hours and with reasonable notice, to determine End User's compliance with these Software License Terms, including but not limited to usage levels. In the event such inspection or audit uncovers non-compliance with these Software License Terms, then without prejudice to Contractor's termination rights hereunder, End User shall promptly pay Contractor any applicable license fees. End User agrees to keep a current record of the location of the Software. J. Termination of License; Effect of Termination / Expiration. If you breach these Software License Terms and if within ten (10) business days of your receipt of a reasonably detailed written request to cure, you have not cured all breaches of license limitations or restrictions, Contractor may, with immediate effect, terminate the licenses granted in these Software License Terms without prejudice to any available rights and remedies Contractor may have at law or in equity. Upon termination or expiration of the license for any reason, you must immediately permanently destroy all copies of the Software and any related materials in your possession or control and, upon Contractor's request, certify such destruction in writing. The provisions concerning confidentiality, the protection of trade secrets and proprietary rights, indemnity, license restrictions, export control, and all limitations of liability and disclaimers and restrictions of warranty (as well as any other terms which, by their nature, are intended to survive termination) will survive any termination or expiration of the Software License Terms. K. License Types. Contractor grants you a license within the scope of the license types described below, with the exception of Heritage Nortel Software, for which the scope of the license is detailed in Section L below. Where the order Documentation does not expressly identify a license type, the applicable license will be a Designated System License. The applicable number of licenses and units of capacity for which the license is granted will be one (1), unless a different number of licenses or units of capacity is specified in the documentation or other materials available to you. "Designated Processor" means a single stand-alone computing device. "Server" means a Designated Processor that hosts a software application to be accessed by multiple users. "Instance" means a single copy of the Software executing at a particular time: (i) on one physical machine; or (ii) on one deployed software virtual machine ("VM") or similar deployment. Designated System(s) License (DS). End User may install and use each copy or an Instance of the Software only on a number of Designated Processors up to the number indicated in the order. Contractor may require the Designated Processor(s) to be identified in the order by type, serial number, feature key, Instance, location or other specific designation, or to be provided by End User to Contractor through electronic means established by Contractor specifically for this purpose. Concurrent User License (CU). End User may install and use the Software on multiple Designated Processors or one or more Servers, so long as only the licensed number of Units are accessing and using the Software at any given time. A "Unit" means the unit on which Contractor, at its sole discretion, bases the pricing of its licenses and can be, without limitation, an agent, port or user, an e-mail or voice mail account in the name of a person or corporate function (e.g., webmaster or helpdesk), or a directory entry in the administrative database utilized by the Software that permits one user to interface with the Software. Units may be linked to a specific, identified Server or an Instance of the Software. 16 Page 793 of 1712 State of Utah Contract Number: AR603 Database License (DL). End User may install and use each copy or an Instance of the Software on one Server or on multiple Servers provided that each of the Servers on which the Software is installed communicates with no more than an Instance of the same database. CPU License (CP). End User may install and use each copy or Instance of the Software on a number of Servers up to the number indicated in the order provided that the performance capacity of the Server(s) does not exceed the performance capacity specified for the Software. End User may not re- install or operate the Software on Server(s) with a larger performance capacity without Contractor's prior consent and payment of an upgrade fee. Named User License (NU). You may: (i) install and use the Software on a single Designated Processor or Server per authorized Named User (defined below); or (ii) install and use the Software on a Server so long as only authorized Named Users access and use the Software. "Named User," means a user or device that has been expressly authorized by Contractor to access and use the Software. At Contractor's sole discretion, a "Named User" may be, without limitation, designated by name, corporate function (e.g., webmaster or helpdesk), an e-mail or voice mail account in the name of a person or corporate function, or a directory entry in the administrative database utilized by the Software that permits one user to interface with the Software. Shrinkwrap License (SR). You may install and use the Software in accordance with the terms and conditions of the applicable license agreements, such as "shrinkwrap" or "clickthrough" license accompanying or applicable to the Software ("Shrinkwrap License"). L. Heritage Nortel Software. "Heritage Nortel Software" means the Software that was acquired by Contractor as part of its purchase of the Nortel Enterprise Solutions Business in December 2009. The Heritage Nortel Software currently available for license from Contractor is the Software contained within the list of Heritage Nortel Products located at http://support.avaVa.com/licenseinfo under the link "Heritage Nortel Products" or such successor site as designated by Contractor. For Heritage Nortel Software, Contractor grants Purchaser a license to use Heritage Nortel Software provided hereunder solely to the extent of the authorized activation or authorized usage level, solely for the purpose specified in the Documentation, and solely as embedded in, for execution on, or (in the event the applicable Documentation permits installation on non-Avaya equipment) for communication with Contractor equipment. Charges for Heritage Nortel Software may be based on extent of activation or use authorized as specified in an order or invoice. M. Third Party Components. Certain software programs or portions thereof included in the Software may contain software (including open source software) distributed under third party agreements ("Third Party Components"), which may contain terms that expand or limit rights to use certain portions of the Software ("Third Party Terms"). As required, information regarding distributed Linux OS source code (for those Products that have distributed Linux OS source code) and identifying the copyright holders of the Third Party Components and the Third Party Terms that apply is available in the Products, Documentation or on Contractor's website at: http://support.avaVa.com/Copyright. You agree to the Third Party Terms for any such Third Party Components. N. (Intentionally Deleted) O. Protection of Software and Documentation. End User acknowledges that the Software and Documentation are confidential information of Contractor and its suppliers and contain trade secrets of 17 Page 794 of 1712 State of Utah Contract Number: AR603 Contractor and its suppliers. End User agrees at all times to protect and preserve in strict confidence the Software and Documentation using no less than the level of care End User uses to protect its own information of a confidential nature and to implement reasonable security measures to protect the trade secrets of Contractor and its suppliers. P. Personal Data. The download or use of the Software may require the processing of personal data (including, but not limited to contact name, company address, company phone or fax, or company email) pertaining to your company or to your company's personnel. Such data will be used by Contractor for communication, administrative, and operational purposes related to the Software, including but not limited to tracking Software activations, communicating regarding trouble tickets and alarms, and providing Software updates. Personal data required to download or use the Software must be submitted to Contractor. Failing the submission of such data, the download or use of the Software may not be possible. You or your personnel have a right to access and correct erroneous personal data pertaining to you or your personnel and to object for legitimate reasons to the processing and transfer of this data. You can exercise this right by contacting in writing the Data Privacy Officer of the applicable Contractor Affiliate. Q. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for any use in any environment that requires fail-safe performance in which the failure of the Software could lead to death, personal injury or significant property damage ("High Risk Activities"). Such environments include, among others, control systems in a nuclear, chemical, biological or other hazardous facility, aircraft navigation and communications, air traffic control, and life support systems in a healthcare facility. End User assumes the risks for its use of the Software in any such High Risk Activities. R. Import/Export Control. End User is advised that the Software is of U.S. origin and subject to the U.S. Export Administration Regulations (EAR). The Software also may be subject to applicable local laws and regulations. Diversion contrary to U.S. and/ or applicable local country import/export law and/ or regulation is prohibited. You agree not to directly or indirectly export, re-export, import, download, or transmit the Software to any country, end user or for any use that is contrary to applicable U.S. and/ or local country regulation or statute (including but not limited to those countries embargoed by the U.S. government). You represent that neither the U.S. Bureau of Industry and Security (BIS) nor any other governmental agency has issued sanctions against End User or otherwise suspended, revoked or denied End User's export privileges. You agree not to use or transfer the Software for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.S. and applicable local government by regulation or specific written license. Additionally, you are advised that the Software may contain encryption algorithm or source code that may not be exported to government or military end users without a license issued by the U.S. BIS and any other country's governmental agencies, where applicable. S. U.S Government End Users. The Software is classified as "commercial computer software" and the Documentation is classified as "commercial computer software documentation" or "commercial items," pursuant to 48 CFR FAR 12.212 or DFAR 227.7202, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software or Documentation by the Government of the United States shall be governed solely by the terms of these Software License Terms and shall be prohibited except to the extent expressly permitted by these Software License Terms, and any use of 18 Page 795 of 1712 State of Utah Contract Number: AR603 the Software and/ or Documentation by the Government constitutes agreement to such classifications and to these Software License Terms. T. Acknowledgement. End User acknowledges that certain Software may contain programming that: (i) restricts, limits and/or disables access to certain features, functionality or capacity of such Software subject to the End User making payment for licenses to such features, functionality or capacity; or (ii) periodically deletes or archives data generated by use of the Software and stored on the applicable storage device if not backed up on an alternative storage medium after a certain period of time. U. Miscellaneous. Intentionally Deleted 17.2 INTELLECTUAL PROPERTY RIGHTS. 17.2.1 Participating Entity Owns Participating Entity IP. Participating Entity reserves all rights, including, but not limited to, ownership, title, intellectual property rights and all other rights and interest in and to any computer programs (in object or source code format or any other form), know-how, inventions, processes, data bases, documentation, training materials and any other intellectual property and any tangible embodiments of it (collectively "Intellectual Property" or "IP") Participating Entity, as applicable, owns and makes available to Contractor (collectively "Participating Entity IP") under this Contract. 17.2.2 Contractor Owns Contractor IP. Contractor reserves all rights, including, but not limited to, ownership, title, and all other rights and interest in, and to, any Intellectual Property that Contractor owned prior to providing Services under the Contract, any Intellectual Property that Contractor develops, creates, or otherwise acquires independently of this Contract, and any Intellectual Property that Contractor develops, creates, or otherwise acquires (excluding Participating Entity IP) while performing Services under the Contract. 17.2.3 Participating Entity Ownership of Delivered Software. Upon the effective date of this Contract, neither party contemplates that the Participating Entity will order customized deliverables from Contractor that will result in the transfer of any ownership rights of Software or other proprietary data from Contractor to the Participating Entity. Prior to any obligation of Contractor to transfer such rights, a written amendment to this Contract shall be executed by authorized representatives of both parties expressly identifying the subject intellectual property and identifying the ownership rights that will be transferred. 18. NO WAIVER OF SOVEREIGN IMMUNITY In no event shall this Master Agreement, any Participating Addendum or any contract or any purchase order issued thereunder, or any act of a Lead State or a Participating Entity, be a waiver by the Participating Entity of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. 19 Page 796 of 1712 State of Utah Contract Number: AR603 If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the Participating State. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 19. ORDER NUMBERS Contractor or each Fulfillment Partner shall utilize its standard method for generating acknowledgments, shipping labels, packing slips, invoices, and correspondence. PO number will only appear on invoices only if provided at time of order upload. 20. PARTICIPANTS WSCA-NASPO is the cooperative purchasing arm of the National Association of State Procurement Officials. It is a cooperative group contracting consortium for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states, the District of Columbia and the organized US territories. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award(s) will be permissive. 21. ENTITY PARTICIPATION Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 22.INVOICING AND PAYMENT Unless otherwise provided in a valid Contractor or Fulfillment Partner quotation, proposal or Statement of Work, Contractor or Fulfillment Partner will invoice Purchaser for Products as follows: (i) non-Contractor installed Products invoiced 100% on the Delivery Date and (ii) Contractor installed Product invoiced as described in Section 34.4. Unless otherwise governed by local statute or regulation, payment of undisputed portions of invoices is due within 30 days from the date of invoice. Purchaser will inform Contractor or Fulfillment Partner in writing of any disputed portion of an invoice within 15 days from the date of Contractor's or Fulfillment Partner invoice. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 20 Page 797 of 1712 State of Utah Contract Number: AR603 23. PUBLIC INFORMATION This Master Agreement and all Participating Addendums and related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 24. RECORDS ADMINISTRATION AND AUDIT The Contractor or Fulfillment Partner will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor and Fulfillment Partner for costs authorized by this Master Agreement. These records will be retained by the Contractor and Fulfillment Partners for at least four years after the Master Agreement terminates, or until all audits initiated within the four years have been completed, whichever is later. The Contractor agrees and shall cause Fulfillment Partner's to agree to allow WSCA-NASPO, State and Federal auditors, and state agency staff access to all the records of this Master Agreement and any order placed under this Master Agreement, for audit and inspection, and monitoring of Services. Such access will be during normal business hours, or by appointment. 25.REPORTS and ADMINISTRATIVE FEES The Contractor shall submit quarterly reports to the WSCA-NASPO Contract Administrator showing the quantities and dollar volume of purchases by each Participating Entity. The Contractor must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the Master Agreement. The WSCA- NASPO administrative fee shall be submitted quarterly and is based on sales of Products and Services. The WSCA-NASPO administration fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some Participating States may require that an additional fee be paid directly to the Participating State on purchases made by procuring entities within that Participating State. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated in a Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by procuring agencies within the jurisdiction of the Participating State. All such agreements may not affect the WSCA-NASPO administrative fee or the prices paid by the procuring agencies outside the jurisdiction of the Participating State requesting the additional fee. 26. STANDARD OF PERFORMANCE AND ACCEPTANCE Purchaser has thirty (30) days after Product delivery to inspect the Product for external damage and for any concealed damage ("Acceptance Period"). If external or concealed damage is revealed during the Acceptance Period, then Purchaser shall notify Contractor. At Contractor's option, Contractor shall 1) repair such damage, 2) ship a replacement, or 3) refund the purchase price (upon return of the Product). After such Acceptance Period the Products shall be deemed accepted. 26.1 In addition, the Purchasing Entity reserves the right to request an Acceptance Testing for the Product to be installed by Avaya in the form of a Deliverable (as defined in Section 21 Page 798 of 1712 State of Utah Contract Number: AR603 34.1.1), Defined Objective (as defined in Section 34.1.1), or a Project Phase of up to thirty (30) calendar days after the Product is installed by Contractor and Contractor certifies that the Product is ready for Acceptance Testing. Purchasing Entities have the discretion to waive or decrease an Acceptance Testing. When a Purchaser sets out a requirement for an Acceptance Test in an Order or SOW for a Deliverable then the Deliverable, Defined Objective or a Project Phase is deemed accepted upon the earlier of either: (i) the end of the Acceptance Testing set out in the Order or SOW for a Deliverable, Defined Objective, or Project Phase, unless Contractor or Fulfillment Partner has received from the Purchaser a rejection notice indicating in reasonable detail the material failure of the, Deliverable, Defined Objective or a Project Phase to conform to the criteria in the other Master Agreement Terms and Conditions ("Rejection Notice"); or (ii) Purchaser's signature on an acceptance certificate. If the, Deliverable, Defined Objective or a Project Phase fails to conform to the criteria in the other Master Agreement Terms and Conditions and Contractor or Fulfillment Partner has received a timely Rejection Notice, then Contractor or Fulfillment Partner will repair or replace the affected Deliverable or re-perform the respective Defined Objective or a Project Phase and re-submit the Deliverable, Phase or Defined Objective for acceptance as described above. If, after resubmission, Purchaser provides another Rejection Notice, then Purchaser remedies will be either to: (a) terminate the Order or SOW, return all non-conforming Deliverables, Defined Objectives or a Project Phase and receive a refund of fees paid under the Order or SOW as applicable; or (b) accept the, Deliverable, Defined Objective or a Project Phase subject to the warranties and remedies described in Section 30 for Products, Section 33.5 for Maintenance and Managed Services and Section 34.5 for Implementation and Professional Services. 26.2 Time and Material (TFtM) Services. T&tM Services are deemed accepted upon performance. 26.3 Acceptance certificate. Purchaser will sign and return an acceptance certificate without delay. Acceptance certificates may be provided by Purchaser to Contractor or Fulfillment Partner by electronic mail, at the email address provided by Contractor or Fulfillment Partner to Purchaser from time to time, or other agreed means of electronic communication. 26.4 Production Use. Unless otherwise provided for in a SOW, production use of a Product, Deliverable, Defined Objective or Phase will constitute acceptance for all purposes of this Agreement and Purchaser agrees to confirm its acceptance by signing an acceptance certificate promptly upon Contractor's or Fulfillment Partner's request. 27. SYSTEM FAILURE OR DAMAGE (Intentionally Deleted) 28. TITLE OF PRODUCT (Intentionally Deleted) 22 Page 799 of 1712 State of Utah Contract Number: AR603 29. WAIVER OF BREACH Failure of Lead State or Participating Entity or Contractor to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity or Contractor must be in writing. Waiver by the Lead State or Participating Entity or Contractor of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement or Participating Addendum. 30. WARRANTY 30. Contractor Global Product Warranty Policy for Purchasers 30.1 Scope of Policy 30.1.1 Contractor warrants to Purchaser that during the applicable warranty period the Products will conform to and operate in accordance with the applicable Documentation in all material respects. 30.1.2 This policy applies globally to all Contractor Products purchased by Purchasers directly from Contractor or Fulfillment Partner. 30.2 Standard Limited Warranty Period for Hardware Unless otherwise stated specifically by Contractor, the following periods apply: a) Twelve (12) months, beginning on the In-Service date, for Hardware purchased directly from and installed by Contractor. b) Twelve (12) months, beginning on the Delivery Date, for all other Hardware purchased directly from Contractor or a Fulfillment Partner where Contractor or Fulfillment Partner does not install the Hardware. 30.3 Standard Limited Warranty Period for Software and Software Media Unless otherwise stated specifically by Contractor or Fulfillment Partner, the following periods apply: a) Ninety (90) days, beginning on the In-Service Date, for Software purchased directly from and installed by Contractor or Fulfillment Partner. b) Ninety (90) days, beginning on the Delivery Date, for all other Software purchased directly from Contractor or a Fulfillment Partner where Contractor or Fulfillment Partner does not install the Software. 30.4 Select Product Lifetime Warranty 23 Page 800 of 1712 State of Utah Contract Number: AR603 Contractor offers a lifetime warranty for select Avaya Data Solutions Products, as specified at Contractor's support site http://downtoads.avaya.com/css/P8/documents/100148612. The lifetime warranty begins on the Delivery Date and ends five (5) years after the Product's end of sale date, as determined by Contractor. 30.5 Warranty Exclusions The warranties do not extend to any damages, malfunctions, or non-conformities caused by (i) use of the Products in violation of the license granted by Contractor or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Contractor furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) failure to follow installation, operation or maintenance instructions; (v) failure to permit Contractor timely access, remote or otherwise, to Products; or (vi) failure to implement all new updates to Software. An "Update" is a change in the Software that provides corrective content for maintenance purposes only. Updates are generally available to Products under warranty and to subscribers to Contractor's Product support or maintenance services. Warranties do not extend to Products that have been altered (including alteration of serial numbers), serviced or modified by a party other than Contractor or a third party specifically authorized by Contractor to provide the service or modification. 30.6 Products from Third Parties Contractor provides Third Party Products on an "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND unless Contractor specifies otherwise. However, such Third Party Products may carry their own warranties and Contractor shall pass through to Purchaser any such warranties to the extent authorized. Exercise of such warranty shall be directly between Purchaser and the third party manufacturer. 30.7 Toll Fraud Contractor does not warrant that Products will prevent Toll Fraud. Prevention of Toll Fraud is the responsibility of Purchaser. The term "Toll Fraud" refers to the unauthorized use of telecommunications services or facilities accessed through or connected to the Products. 30.8 Warranty Procedures and Remedies Purchasers who purchased the Product directly from Contractor should contact Contractor. Purchasers who purchased the Product from a Fulfillment Partner should contact the Fulfillment Partner for assistance in making warranty claims to Contractor. If a Product is not in conformance with the warranty above and Contractor receives a written notice during the applicable warranty period describing in reasonable detail how the Product failed to be in conformance, and including evidence that the Product is under warranty (i.e. a valid invoice, and in some cases this may also require Product registration with Contractor), Contractor at 24 Page 801 of 1712 State of Utah Contract Number: AR603 its option will: (i) repair or replace the Product to achieve conformance and return the Product; or (ii) refund the applicable price upon return of the non-conforming Product to Contractor or Fulfillment Partner. For Software warranty, Contractor provides access to available software corrective content and product support knowledge base on a self-service basis. Replacement Hardware may be new, factory reconditioned, refurbished, re- manufactured or functionally equivalent and will be furnished only on an exchange basis. Returned Hardware that has been replaced by Contractor will become Contractor's property. Replacement Products are warranted as above for the remainder of the original applicable Product warranty period. THESE REMEDIES WILL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES AND WILL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES PURCHASER MAY HAVE AGAINST CONTRACTOR OR FULFILLMENT PARTNER WITH RESPECT TO THE NONCONFORMANCE OF PRODUCTS. 30.9 Disclaimers EXCEPT AS REFERENCED AND LIMITED IN THIS AGREEMENT, NEITHER CONTRACTOR NOR ITS FULFILLMENT PARTNERS, LICENSORS OR SUPPLIERS MAKES ANY EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY PRODUCTS. CONTRACTOR DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS OR THAT THE PRODUCTS WILL PREVENT TOLL FRAUD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS DOCUMENT WILL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES. 30.10 General 30.10.1 This policy applies to all Products sold under the Contractor brand including heritage Nortel products, and combines and supersedes all earlier versions. 30.10.2 To the extent there is a conflict between this policy and an agreement between Purchaser and Fulfillment Partner, the terms of the Agreement will prevail. 30.10.3 If any provision of this policy is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. 30.10.4 Contractor is not responsible for any warranty, support or maintenance commitments made by Fulfillment Partner that may differ from what is set out in this Agreement. 30.11 Definitions (Moved to Section 35) 30.12 More Information 25 Page 802 of 1712 State of Utah Contract Number: AR603 For additional information about Contractor Product Warranties please refer to the following website: https://support.avaya.com/hetpcenter/getGenericDetaits?detaitld=C20091120112456651010 30.13. Beta Software. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Contractor does not receive a license fee. All such software is provided AS IS without any warranty whatsoever. 31. ASSIGNMENT OF ANTITRUST RIGHTS (Intentionally Deleted) 32. WSCA-NASPO eMARKET CENTER Awarded responders are required to participate in the WSCA-NASPO eMarket Center and, working through WSCA-NASPO's contractor (SciQuest), connect with the eMarket Center. The ideal situation would be to use either a hosted (by SciQuest) or Punchout Level 2 catalog configurations, but actual requirements will be determined by the Lead State Contract Administrator, WSCA-NASPO, WSCA-NASPO's contractor (SciQuest) and the awarded contractor, after award. Participation does not require an awarded responder to have any special level of technology or technological understanding. 33. CONTRACTOR MAINTENANCE, MANAGED SERVICES AND SUBSCRIPTION SERVICES TERMS. These Maintenance, Managed Services and Subscription Terms ("Services Terms") apply if and to the extent Purchaser acquires Maintenance, Managed Services and/or Subscription Services directly from Contractor or through a Fulfillment Partner. 33.1. ORDER, PROVISION AND SCOPE OF SERVICES 33.1.1 Order and Provision of Services. In return for the payment of the applicable fees and subject to compliance with applicable terms of this Agreement, Contractor will provide the Maintenance, Managed Services and Subscription Services options for Supported Products at location (s) covered under this Agreement ("Supported Sites"), as described further in this Section 33 and the Service Description (for purposes of this Attachment, "Service"). "Service Description" means (a) the applicable Contractor service agreement supplement ("Service Agreement Supplement" or "SAS") or service description document ("Service Description Document" or "SDD") then current as of the date of Contractor's acceptance of an Order for Services and available to the Purchasing Entity upon request; and/or (b) a Statement of Work ("SOW") executed by the parties describing specific Services to be provided by Contractor, as applicable. In the event of a conflict between the S Service Description and this Agreement, this Agreement will govern.. 33.1.2 "Supported Products" are: (i) hardware or Software Products (including Avaya supplied and non-Avaya supplied products) identified in the order or Service Description; and (ii) Added Products (defined in Section 33.1.9 26 Page 803 of 1712 State of Utah Contract Number: AR603 33.1.3 Documents and Order of Precedence. For the purpose of Contractor's Services Terms provided to Participating Entity pursuant to this Section only, in the event of a conflict among the other Master Agreement Terms and Conditions, the order of precedence shall be: (i) these Services Terms (Section 33); (ii) the SOW; (iii) SAS and/or SDD; and (iv) ancillary documents, except that in relation to licensing provisions, intellectual property rights and intellectual property rights indemnification, the provisions contained in the other Master Agreement Terms and Conditions, including the terms of any Participating Addendum will always take priority. 33.1.4 Monitoring. Contractor may electronically monitor Supported Products for the following purposes: (i) remote diagnostics and corrective actions; (ii) to determine system configuration and applicable charges; (iii) to verify compliance with applicable Software license terms and restrictions; (iv) when providing managed Services, to assess Purchasing Entity needs for additional Products or Services; (v) as otherwise provided in the Service Description. 33.1.5 Incident Correction. Some Services options may include correction of Incidents. An "Incident" means a failure of a Supported Product to conform in all material respects to the manufacturer's specifications that were currently applicable when the Supported Product was purchased or licensed. 33.1.6 Help Line Support. Where the selected Services option includes help line support, Contractor will provide it in accordance with the coverage option (service hours, target response intervals, etc.) that Purchasing Entity has selected to purchase. 33.1.7 End of Support. Periodically, Contractor or a third party manufacturer may declare "end of life," "end of service," "end of support," "manufacture discontinue" or similar designation ("End of Support") for certain Supported Products. Purchasing Entity may access Contractor's user support website (http://support.avaya.com), or such successor site as designated by Contractor, for End of Support notifications, and to register an e-mail address to receive e-mail notifications of the same, when published by Contractor. For Products subject to End of Support, Contractor will continue to provide the support described in the applicable SAS, except for the End of Support exceptions listed therein ("Extended Support"). If the SAS or Service Description does not include Extended Support information, Contractor will make available the description of Extended Support (if available) for the Products concerned at the same time as its End of Support notification. For Products not subject to Extended Support, if Services are discontinued for a Supported Product, the Supported Product will be removed from the Order and rates will be adjusted accordingly. 33.1.8 Replacement Hardware. Replacement hardware provided as part of Services may be new, factory reconditioned, refurbished, re-manufactured or functionally equivalent. It will be furnished only on an exchange basis. Returned hardware that has been replaced by Contractor will become Contractor's property. Title to Contractor-installed replacement 27 Page 804 of 1712 State of Utah Contract Number: AR603 hardware provided as part of Services will pass to Purchasing Entity when installed. Title to all other hardware provided as part of Services will pass to Purchasing Entity when it arrives at the Supported Site. 33.1.9 Added Products. If Purchasing Entity acquires additional Products of the same type and manufacturer(s) as the existing Supported Products and locates them with existing Supported Products at a Supported Site, they will be considered "Added Products", and will be added to the Order automatically for the remainder of the term. Added Products purchased from a party other than Contractor or Fulfillment Partner are subject to certification by Contractor at Contractor's then current Services rates. If Added Products fail certification, Contractor may choose not to add them to the Supported Products. 33.1.10 General Limitations. Unless the Service Description provides otherwise, Contractor will provide Software Services only for the unaltered current release of the Software and the prior release. The following items are included in the Services only if the Service Description specifically includes them: (i) support of user-defined applications; (ii) support of Supported Products that have been modified by a party other than Contractor (except for installation of standard, self-installed updates provided by the manufacturer); (iii) making corrections to user-defined reports; (iv) data recovery services; (v) services associated with relocation of Supported Products; (vi) correction of Incidents arising from causes external to the Supported Products (such as power failures or surges); and (vii) services for Supported Products that have been misused, used in breach of their license restrictions, improperly installed or configured, or that have had their serial numbers altered, defaced or deleted 33.2 INVOICING AND PAYMENT Contractor will invoice Purchasing Entity for Services in advance unless another payment option is specified in the Order or as otherwise specified in the SAS or Service Description. 33.3 PURCHASING ENTITY RESPONSIBILITIES 33.3.1 General. Purchasing Entity will cooperate with Contractor as reasonably necessary for Contractor's performance of its obligations, such as: (i) providing Contractor with full, free and safe access to its facilities; (ii) providing telephone numbers, network addresses and passwords necessary for remote access; and (iii) providing interface information for Supported Products and necessary third party consents and licenses to access them. All items will be provided by Purchasing Entity at Purchasing Entity's expense. If Contractor provides New release of Software as part of the Services, Purchasing Entity will implement it promptly. 33.3.2 Provision of Supported Products and Systems. Except for Contractor hosted facilities identified in the SAS Purchasing Entity will provide all Supported Products, Supported Systems and Supported Sites. Purchasing Entity continuously represents and warrants that: (i) Purchasing Entity is either the owner of, or is authorized to access and use, each of them; and 28 Page 805 of 1712 State of Utah Contract Number: AR603 (ii) Contractor, its suppliers, and subcontractors are authorized to do the same to the extent necessary to provide the Services in a timely manner. 33.3.3 Moves of Supported Products. Purchasing Entity will notify Contractor in advance before moving Supported Products. Contractor may charge additional amounts to recover additional costs in providing the Services as a result of moved Supported Products. 33.3.4 Vendor Management. Where Contractor is to instruct or request products or services on Purchasing Entity's behalf from third party vendors under Purchasing Entity's supply contracts with the third party vendors ("Vendor Management"), Purchasing Entity will provide Contractor upon request a letter of agency or similar document, in a form reasonably satisfactory to Contractor, permitting Contractor to perform the Vendor Management. Where the third party vendor's consent is required for Contractor to be able to perform Vendor Management in a timely manner, Purchasing Entity will obtain the written consent of the vendor and provide Contractor a copy of it upon request. 33.3.5 Third Party Hosting. In the event one or more network address(es) to be monitored by Contractor are associated with systems owned, managed, and/or hosted by a third party service provider ("Host"), Purchasing Entity will: (i) notify Contractor of the Host prior to commencement of the Services; (ii) obtain the Host's advance written consent for Contractor to perform the Services on the Host's computer systems and provide Contractor with a copy of the consent upon request; and (iii) facilitate necessary communications between Contractor and the Host in connection with the Services. 33.3.6 Access to Personal Data. From time to time, Purchasing Entity may require Contractor to access a Supported Product containing employee, customer or other individual's personal data (collectively, "Personal Data"). Where Purchasing Entity instructs Contractor to access any Personal Data or to provide Purchasing Entity or a third party identified by Purchasing Entity with access, Contractor and Purchasing Entity will define the rights and obligations in the Participating Addendum or Order. 33.4 SOFTWARE LICENSE Where Services include provision of patches, updates or feature upgrades for Supported Products ("New Software"), they will be provided subject to the license grant and restrictions contained in the original agreement under which Purchasing Entity licensed the original Software from Contractor. Where there is no existing license from Contractor, New Software will be provided subject to Agreement Section 17.1. New Software may include components provided by third party suppliers that are subject to their own Purchaser license agreements. Purchasing Entity may install and use these components in accordance with the terms and conditions of the "shrinkwrap" or "clickthrough" Purchaser license agreement accompanying them. 33.5 WARRANTY AND DISCLAIMER 29 Page 806 of 1712 State of Utah Contract Number: AR603 33.5.1 Warranty. Contractor warrants to Purchasing Entity that Services will be carried out in a professional and workmanlike manner by qualified personnel. 33.5.2 Remedy. If Services are not in conformance with the above warranty and Contractor receives Purchasing Entity's detailed request to cure a non-conformance within 30 days of its occurrence, Contractor will re-perform those Services. If Contractor fails to achieve such conformance within thirty (30) days of receiving Purchasing Entity's written notice, Purchasing Entity may cancel the applicable Order with respect to future Services. Upon cancellation, Purchasing Entity will be entitled to receive a proportionate refund of any prepaid fees applicable to future Services. These remedies will be Purchasing Entity's sole and exclusive remedies and will be in lieu of any other rights or remedies Purchasing Entity may have against Contractor with respect to the non-conformance of Services. 33.5.3 Disclaimer. Services provided to enhance network security are not a guaranty against malicious code, deleterious routines, and other techniques and tools employed by computer "hackers" and other third parties to create security exposures. Neither Contractor nor its suppliers make any warranty, express or implied, that all security threats and vulnerabilities will be detected or that the Services will render an Purchaser's network or particular network elements safe from intrusions and other security breaches. 33.6 TERM AND TERMINATION 33.6.1 Term. Unless a different term is identified in an Order or mandated in the applicable Service Description or SOW, Contractor will provide Services for an initial term of one year. Unless otherwise specified in the SAS, SOW or Service Description, Purchasing Entity may terminate Services in whole or in part; (i) for Maintenance and Subscription Services (identified on the order documentation) upon 30 days written notice subject to cancellation fees equal to Service fees for 12 months or the remaining term, whichever is less, or (ii) for Managed Services (or "Avaya Operations Services" or equivalent) as identified on the order documentation, upon 60 days advance written notice subject to fees of 75% of the monthly revenue commitment of the Services fees times the remaining months in the term. If termination is for non-appropriation of funds, as such concept is provided for in the Participating Addendum, Purchasing Entity will pay for Services performed up to the date of termination. Cancellation fees will not be assessed to the Participating Entity if an Order, this Master Agreement, or Participating Addendum is canceled with cause or default by Contractor. 33.6.2. Termination Notice. Purchasing Entity's written notice of termination must be sent by: (i) letter via certified mail to the following address: Avaya Inc., Customer Care Center, 14400 Hertz Quail Spring Pkwy, Oklahoma City, OK 73134 Attn: Services Termination; (ii) email to mycontract@avaya.com; or (iii) fax to 800-444-6371. 33.7 PURCHASING ENTITY RESPONSIBILITIES. Purchasing Entity will cooperate with Contractor as reasonably necessary, including as specified in this Agreement, for Contractor's 30 Page 807 of 1712 State of Utah Contract Number: AR603 delivery of Products and performance of Services in a timely manner. Purchasing Entity will provide Contractor with interface and other information regarding access to third party products in Purchasing Entity's network and necessary third party consents and licenses to enable Contractor's performance under the Agreement. Purchasing Entity is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and regularly backing up its data and files in accordance with good data retention and security practices. Purchasing Entity will reasonably use, safeguard and return to Contractor any items that Contractor loans or makes available to Purchasing Entity ("Contractor Tools") for the purpose of providing Services under this Agreement, such as, but not limited to, the Secure Intelligent Gateway. Purchasing Entity will be responsible for the custody and care of the Contractor Tools until returned to Contractor. Contractor Tools shall not be considered Products as that term is defined in this Master Agreement. If Purchasing Entity fails to meet its cooperation obligations under this Section or as otherwise provided in the Agreement, Contractor may delay or suspend its delivery of Products or performance of Services relating to Purchasing Entity's failure. 34. CONTRACTOR'S IMPLEMENTATION AND PROFESSIONAL SERVICES TERMS. These Implementation &t Professional Services Terms apply if and to the extent Implementation St Professional Services are acquired under this Agreement. 34.1 SCOPE; ORDER OF PRECEDENCE; CHANGES 34.1.1 Services Provided. Contractor will provide the Services described in this paragraph ("Implementation It Professional Services") as specified in an Order and as may be further described in a Statement of Work executed by both parties. Implementation &t Professional Services can include installation and configuration of Products, consulting and other services where Contractor delivers customized Software, hardware, documentation, or other work ("Deliverables") and/or completes a defined phase of Professional Services ("Project Phase") other defined objectives ("Defined Objectives") on a milestone basis or on a time and material basis ("TIfM Services", as further defined below). T&tM Services are Implementation &t Professional Services provided on a time and materials basis in exchange for hourly, daily or monthly fees and expense reimbursements calculated on the basis of Contractor service records. Deliverables do not include generally available hardware and Software and are not Products. To the extent an SOW provides that Contractor will deliver Products, the terms for Supply of Products as set out in the Agreement will apply to those Products. Implementation &t Professional Services do not include Maintenance Services or Managed Services or Subscription Services which are available for purchase under Section 33. 34.1.2 Order of Precedence. For the purpose of Contractor's Implementation and Professional Services provided to Purchasing Entity pursuant to this Section 34 only, in the event of a conflict among the other Master Agreement Terms and Conditions, the order of precedence shall be: (i) these Implementation &t Professional Services Terms (Section 34); (ii) any SOW; and (iii) ancillary documents; except that in relation to, licensing provisions, 31 Page 808 of 1712 State of Utah Contract Number: AR603 intellectual property rights and intellectual property rights indemnification, the provisions contained in the other Master Agreement Terms and Conditions, including the terms of any Participating Addendum will always take priority. 34.1.3 Changes. Changes in Implementation &t Professional Services will be made in accordance with Contractor's change process defined in the SOW. 34.2 ACCEPTANCE (Intentionally Deleted - See Section 26) 34.3 TRANSFER OF RISK; TITLE; LICENSE TO DELIVERABLES 34.3.1 Transfer of Risk and Title. Title to hardware components of Deliverables will pass to Purchasing Entity upon acceptance. Risk of loss will pass to Purchasing Entity when the Deliverable arrives on Purchasing Entity's premises. 34.3.2 Purchasing Entity's License to Deliverables. Subject to Purchasing Entity's payment of fees for the Services, Contractor grants Purchasing Entity a non-exclusive, non- transferable, limited, non-sublicenseable license to use Deliverables created by Contractor and delivered to Purchasing Entity. Software contained in Deliverables will be licensed subject to Agreement Section 17.1. 34.4 INVOICING AND PAYMENT 34.4.1 Unless otherwise provided in a valid Contractor quotation, proposal or SOW, Contractor will invoice Purchasing Entity for Products and Services included in a SOW (excluding any Services to be billed monthly or Custom Application Support Services) as follows: 34.4.1.1 Where the total fees exceed $100,000, 50% of the total project value invoiced upon shipment of the Products and the remaining fees invoiced on the In-Service Date; 34.4.1.2 Where the total fees are less than $100,000, as of the effective date of the SOW, the total project value invoiced on the In-Service Date. 34.4.2 For Services-only orders: (i) for Implementation &t Professional Services other than T&tM Services, invoiced on completion of the Services or as set out in the SOW, or (ii) for T&tM Services, invoiced monthly in arrears. 34.4.3 Notwithstanding anything in this Agreement to the contrary, Contractor will invoice Purchasing Entity for a Project Phase including any Products provided within that Project Phase upon acceptance of that Project Phase pursuant to Agreement Section 26.1. 34.5 WARRANTY 32 Page 809 of 1712 State of Utah Contract Number: AR603 34.5.1 Warranty Period. The warranty period for Implementation &t Professional Services and Deliverables will be 30 days beginning on the acceptance or deemed acceptance date of the Deliverables or the Defined Objective or the Project Phase (the "Warranty Period"). 34.5.2 Warranty. During the Warranty Period, Contractor warrants to Purchasing Entity that (i) Implementation &t Professional Services will be carried out in a professional and workmanlike manner by qualified personnel; and (ii) Deliverables will conform in all material respects to the specifications contained in the SOW. However, Contractor does not warrant that Software contained in the Deliverables will perform uninterrupted or error-free. 34.5.3 Remedies. 34.5.3.1 Implementation Ft Professional Services. To the extent that Contractor has not performed Implementation &t Professional Services in accordance with the above warranty ("Non Conformity") and Contractor receives written notice from Purchasing Entity within the Warranty Period that identifies the Non-Conformity in reasonable detail and requests Contractor cure the Non-Conformity, Contractor will re-perform the applicable Services or the Project Phase or if Contractor determines that re-performance is not commercially reasonable, either (i) refund to Purchasing Entity the fees for the Non-Conforming Implementation &t Professional Services or the Project Phase; or (ii) in the case of T&tM Services, Purchasing Entity may cancel the affected T&tM Services, subject to payment of fees for T&tM Services already performed. 34.5.3.2 Deliverables from Implementation Ft Professional Services. If Contractor receives from Purchasing Entity within the Warranty Period a written notice describing in reasonable detail how the Deliverables failed to be in conformance with the above warranty, Contractor will, at its option, repair or replace the non-conforming Deliverables, or refund to Purchasing Entity the applicable fees upon return of the non-conforming Deliverables. 34.5.3.3 Exclusive Remedies. THE REMEDIES SET FORTH IN THIS SECTION 34.5.3 WILL BE PURCHASING ENTITY'S SOLE AND EXCLUSIVE REMEDIES AND WILL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES PURCHASING ENTITY MAY HAVE AGAINST CONTRACTOR WITH RESPECT TO THE NON-CONFORMANCE OF IMPLEMENTATION &t PROFESSIONAL SERVICES, ANY PROJECT PHASE AND/OR DELIVERABLES. 34.5.4 Disclaimer. Services provided to enhance network security are not a guaranty against malicious code, deleterious routines, and other techniques and tools employed by computer "hackers" and other third parties to create security exposures. Neither Contractor nor its suppliers make any warranty, express or implied, that all security threats and vulnerabilities will be detected or that the Services will render an Purchaser's network or particular network elements safe from intrusions and other security breaches. 34.6 TERM AND TERMINATION 33 Page 810 of 1712 State of Utah Contract Number: AR603 34.6.1 Term. The term of a SOW will begin on the date specified in the SOW or Order if any, or on the date executed by the last party to sign the SOW. The term of the SOW will continue until the work is completed or the SOW is terminated earlier in accordance with this Section. 34.6.2 Termination. Unless otherwise provided in the SOW, either party may terminate Implementation &t Professional Services or any Project Phase upon 45 days prior written notice, and Purchasing Entity will pay for Services performed to the date of termination and all non-refundable or non-terminable out-of-pocket expenses Contractor incurred. 34.7 PURCHASING ENTITY RESPONSIBILITIES. Purchasing Entity will cooperate with Contractor as reasonably necessary, including as specified in this Agreement, for Contractor's delivery of Products and performance of Services in a timely manner. Purchasing Entity will provide Contractor with interface and other information regarding access to third party products in Purchasing Entity's network and necessary third party consents and licenses to enable Contractor's performance under the Section 34. Purchasing Entity is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and regularly backing up its data and files in accordance with good data retention and security practices. Purchasing Entity will reasonably use, safeguard and return to Contractor any items that Contractor loans or makes available to Purchasing Entity ("Contractor Tools") for the purpose of providing Services under this Section 34, such as, but not limited to, the Secure Intelligent Gateway. Purchasing Entity will be responsible for the custody and care of the Contractor Tools until returned to Contractor. Contractor Tools shall not be considered Products as that term is defined in this Master Agreement. If Purchasing Entity fails to meet its cooperation obligations under this Section 34 or as otherwise provided in the Agreement, Contractor may delay or suspend its delivery of Products or performance of Services relating to Purchasing Entity's failure. 35. DEFINITIONS Acceptance - means either: i) when a Project Closure Form is signed by a Purchaser advising Contractor that the Order for Product and Contractor's Implementation and/or Professional Services has successfully completed its Acceptance Testing; or ii) for Product only Orders, as provided in Section 26.1, for which an Acceptance Testing is not required, Acceptance shall occur upon delivery of Products to applicable Purchaser. Acceptance Testing - means the successful completion of the Acceptance Testing set out pursuant to WSCA-NASPO Master Terms and Conditions Section 26. Contractor - means Avaya Inc. ("Avaya"), its employees and agents. Contractor also includes any Fulfillment Partner, firm, provider, organization, individual, or other entity performing the business activities under this Agreement authorized by and on behalf of Contactor. It shall also include any Subcontractor retained by Contractor as permitted under the terms of this Agreement. Deliverable means, with respect to each SOW, the items specified as deliverables in the SOW. 34 Page 811 of 1712 State of Utah Contract Number: AR603 Delivery Date means the date on which Contractor or Fulfillment Partner, as the case may be, delivers the Products to Purchaser, or in the case of Software features that are enabled by license files, software activations or any other electronic means, "Delivery Date" means the date when the Product or Product features are enabled in Contractor's license management systems. Documentation means information published by Contractor in varying mediums which may include product information, operating instructions and performance specifications that Contractor generally makes available to users of its Products. Documentation does not include marketing materials. Embedded Software - means one or more software applications which permanently reside on a computing device. Fulfillment Partner (also referred to as "Reseller") shall mean a Contractor authorized reseller approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Agreement including but not limited to providing Products and Services under this Agreement at the prices established in this Agreement and billing Purchasers directly for such Products and Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the Term of the Agreement. Fulfillment Partner has no authority to amend this Agreement or to bind Contractor to any additional terms and conditions. Hardware means the standard hardware products that Purchaser orders and Contractor or Fulfillment Partner delivers. Hardware does not include any customized deliverables that Contractor creates specifically for Purchaser. In-Service Date means the date of notification to Purchaser that the Products are installed in good working order in accordance with applicable Documentation. Intellectual Property - means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State - means the State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the signatory states. Local Public Body shall mean a political subdivision of the Participating State, and the agencies, public instrumentalities and institutions thereof, including, without limitation, all cities, towns, counties, courts, special districts, and educational institutions (K-12 or higher education). Machine Code - means microcode, basic input/output system code, utility programs, device drivers, diagnostics, and another code delivered with a computing device for the purpose of enabling the function of the computing device, as stated in its published specifications. 35 Page 812 of 1712 State of Utah Contract Number: AR603 Milestone means a specific goal, objective or event pertaining to installation and implementation Services described under the terms of the SOW. Order - means any purchase order, sales order, or other document used by a Participating Entity to order the Products and/or Services to be purchased from Contractor or Fulfillment Partner, the issuance of which document shall be deemed to constitute Purchaser's acceptance of and agreement to be bound by the terms of this Agreement and the applicable Participating Addendum. Participating Addendum - shall mean a written bilateral agreement executed by and between Contractor and a Participating Entity expressly incorporates the terms of this WSCA- NASPO Master Agreement and any other additional mutually agreeable Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions, as set forth in the Participating Addendum. Upon execution, the term WSCA-NASPO Master Agreement will be deemed to incorporate the Participating Addendum for Participating States. A Local Public Body may execute a Participating Addendum in its own name (and independent of whether the state in which it is located itself executes a Participating Addendum) only with the express, written approval of Contractor and the WSCA-NASPO Contract Manager. In such event, the Local Public Body will be deemed to have accepted and assumed the rights and obligations of a "Participating State", "Purchasing Entity" under its Participating Addendum. Participating Entity - means a state, or other legal entity, properly authorized by a state to enter into the Master Agreement or Participating Addendum or who is authorized to order under the Master Agreement or Participating Addendum. Participating State - See "Participating Entity' shall mean a member of WSCA authorized under state law to participate under this Agreement who subsequently executes a Participating Addendum, or any other state or Local Public Body authorized by the WSCA Contract Manager and Contractor to be a party to the resulting Agreement who subsequently executes a Participating Addendum. "Participating State" shall be deemed to refer to the State of Utah when acting as a Participating State in its sovereign capacity (and not in its capacity as the WSCA Contract Manager). Phase - Where Milestones include: a) separately functional solutions that are not dependent upon the completion of a future solution, b) represent a solution that Contractor does and can sell separately, c) be functionally independent; d) be accepted by the Purchaser without regard to the success of other Milestones, or e) no refund rights apply, then Contractor and Purchaser may agree to "Phase" the Milestones. When Phased Milestones is determined to apply and mutually agreed to by the parties, the following Phasing clause shall apply: Phasing Clause: Purchaser agrees the delivery, installation, testing, acceptance and payment for the equipment installed and Services rendered under any one Phase is not dependent on the delivery, installation, testing, acceptance and payment for equipment and Services under any other Phase. Purchaser further agrees and 36 Page 813 of 1712 State of Utah Contract Number: AR603 acknowledges its intent that the Products and Services delivered under any one phase constitute a fully functional system not dependent on the Products and Services of any other phase. The warranty period for each Phase will commence upon the In-Service Date for that Phase. Payment for each Phase is due within the applicable payment period following the In-Service Date of that Phase. Product - Any equipment or Hardware, Software (including embedded software), Documentation, or deliverable supplied or created by the Contractor pursuant to this Master Agreement and listed in Contractor's then-current price list. Purchaser is a Purchasing Entity (may also be referred to as "Customer") shall mean: (a) the State of Utah when acting as a Participating State in its sovereign capacity (and not as the WSCA Contract Manager), (b) any office, department, commission, council, board, committee, institution, legislative body, agency, public authority, public benefit corporation, other government corporation or public educational institution of a Participating State or a Local Public Body within such Participating State, provided that such entity is authorized, under applicable laws, rules and/or regulations of the Participating State, (i) to purchase Product(s) and Services pursuant to this Agreement solely by execution of the applicable Participating Addendum, and (ii) to legally bind such body to the terms of such agreement solely by the issuance of a Purchase Order, Order or Order Document in accordance with and pursuant to this Agreement, and (iii) has been authorized by the WSCA Contract Manager and Contractor to participate under this WSCA Master Agreement. Services shall mean those services within the scope of Sections 33 and 34, and listed on Contractor's then-current Price List, including but not limited to Implementation and Professional Services, Maintenance and Managed Services, training, and/or other services related to the Products being acquired and further described at Contractor's website www.Avaya.com and which are subject to the terms of service set forth in Section 33 (Maintenance and Managed Services) and Section 34 (Implementation and Professional Services). Software means the computer programs in object code form that Purchaser Orders and Contractor or Fulfillment Partner delivers, whether as stand-alone products or pre-installed on Hardware. Software does not include any customized deliverables that Contractor creates specifically for Purchaser. Statement of Work or SOW means a document agreed upon by the Purchaser and Contractor that defines the installation and implementation Services Deliverables, Project Phase and Defined Objective, if any, to be provided thereunder. Subcontractor shall mean one not in the employment of Contractor, who is performing all or part of the business activities under this Agreement under a separate subcontract with Contractor or its Fulfillment Partners. The term "Subcontractor" means Subcontractor(s) of Contractor or its Fulfillment Partners provided, however, that subcontractor(s) may not receive Orders, invoice, or receive payments directly from Purchasers. 37 Page 814 of 1712 State of Utah Contract Number: AR603 Third Party Products means any products manufactured by a party other than Contractor, and may include, without limitation, products ordered by Purchaser from third parties pursuant to Contractor's recommendations. However, components of Contractor-branded Products are not Third Party Products if they are both: (i) embedded in Products (i.e., not recognizable as standalone items); and (ii) not identified as separate items on Contractor's price list, quotes, order specifications forms or Documentation. WSCA-NASPO Contract Manager or Contract Manager shall mean the individual state member designated as the contract manager by WSCA-NASPO, currently the State of Utah, as responsible for the legal maintenance and administration of this WSCA Master Agreement, notices, reports and any other pertinent documentation or information. WSCA-NASPO - is a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for all states and the District of Columbia. WSCA- NASPO is a cooperative purchasing arm of the National Association of State Procurement Officials (NASPO). WSCA-NASPO Master Agreement (Also referred to as "Agreement" or "Contract") means the underlying agreement executed by and between the Lead State, as WSCA-NASPO Contract Manager or administrator, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended. (revised November 2014) 38 Page 815 of 1712 State of Utah Contract Number: AR603 ATTACHMENT B — Scope of Work The following categories are authorized under this contract: 5.2.2 NETWORKING SOFTWARE — Software that runs on a server and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow shared file and printer access among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include: Restartable Process High availability options Targeted operating systems, i.e. DC, campus, core, wan, etc. Operating System Efficiencies 5.2.2.1 Network Management and Automation — Software products and solutions for data center automation, cloud computing, and IT systems management. 5.2.2.2 Data Center Management and Automation — Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. 5.2.2.3 Cloud Portal and Automation — Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources. 5.2.2.4 Branch Office Management and Automation — Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, WAN performance monitoring. 5.2.4 OPTICAL NETWORKING — High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services. 5.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing)Switches — Switches used in systems designed for long haul and ultra long-haul optical networking applications. 5.2.4.2 Edge Optical Switches — Provide entry points into the enterprise or service provider core networks. 5.2.4.3 Optical Network Management — Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation. 5.2.4.4 IP over DWDM (IPoDWDM) —A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). 5.2.5 ROUTERS —A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 5.2.5.1 Branch Routers —A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc. 1 Page 816 of 1712 State of Utah Contract Number: AR603 5.2.5.2 Network Edge Routers —A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks. 5.2.5.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next- generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS). 5.2.5.4 Service Aggregation Routers — Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive integrated data, voice and video business and consumer services. 5.2.5.5 Carrier Ethernet Routers — High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next- generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). 5.2.6 SECURITY 5.2.6.1 Data Center and Virtualization Security Products and Appliances — Products designed to protect high-value data and data center resources with threat defense and policy control. 5.2.6.2 Intrusion Detection/Protection and Firewall Appliances — Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGFVV), which offer a wire-speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: Non-disruptive in-line bump-in-the-wire configuration Standard first-generation firewall capabilities, e.g., network-address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. Application awareness, full stack visibility and granular control Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists, white lists, etc. Upgrade path to include future information feeds and security threats SSL decryption to enable identifying undesirable encrypted applications (Optional) 5.2.6.3 Logging Appliances and Analysis Tools — Solutions utilized to collect, classify, analyze, and securely store log messages. 5.2.6.4 Secure Edge and Branch Integrated Security Products — Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. 5.2.6.5 Secure Mobility Products — Delivers secure, scalable access to corporate applications across multiple mobile devices. 5.2.6.6 Encryption Appliances —A network security device that applies crypto services at the network transfer layer- above the data link level, but below the application level. 5.2.6.7 On-premise and Cloud-based services for Web and/or Email Security — Solutions that provide threat protection, data loss prevention, message level 2 Page 817 of 1712 State of Utah Contract Number: AR603 encryption, acceptable use and application control capabilities to secure web and email communications. 5.2.6.8 Secure Access — Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include: Management visibility for device access Self-service on-boarding Centralized policy enforcement Differentiated access and services Device Management 5.2.8 SWITCHES — Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. 5.2.8.1 Campus LAN –Access Switches — Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: Security i. SSHv2 (Secure Shell Version 2) ii. 802.1X (Port Based Network Access Control) iii. Port Security iv. DHCP (Dynamic Host Configuration Protocol) Snooping VLANs Fast Ethernet/Gigabit Ethernet PoE (Power over Ethernet) link aggregation 10 Gb support Port mirroring Span Taps Support of IPv6 and IPv4 Standards-based rapid spanning tree Netflow Support (Optional). 5.2.8.2 Campus LAN –Core Switches — Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: High bandwidth Low latency Hot swappable power supplies and fans • Security SSHv2 MacSec encryption Role-Based Access Control Lists (ACL) Support of IPv6 and IPv4 3 Page 818 of 1712 State of Utah Contract Number: AR603 1/10/40/100 Gbps support IGP (Interior Gateway Protocol) routing EGP (Exterior Gateway Protocol) routing VPLS (Virtual Private LAN Service) Support VRRP (Virtual Router Redundancy Protocol) Support Netflow Support. 5.2.8.3 Campus Distribution Switches — Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter- VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLs). High bandwidth Low latency Hot swappable power supplies and fans Security(SSHv2 and/or 802.1X) Support of IPv6 and IPv4 Jumbo Frames Support Dynamic Trunking Protocol (DTP) Per-VLAN Rapid Spanning Tree (PVRST+) Switch-port auto recovery NetFlow Support or equivalent 5.2.8.4 Data Center Switches — Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs), all at Gigabit and 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include: High bandwidth Low latency Hot swappable power supplies and fans Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardware-based Inter-Switch Link (ISL) trunking Load Balancing across Trunk group able to use packet based load balancing scheme Bridging of Fibre Channel SANs and Ethernet fabrics Jumbo Frame Support Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member Ability to remotely disable and enable individual ports Support NetFlow or equivalent 5.2.8.5 Software Defined Networks (SDN) -Virtualized Switches and Routers — Technology utilized to support software manipulation of hardware for specific use cases. 5.2.8.6 Software Defined Networks (SDN) — Controllers - is an application in software- defined networking (SDN) that manages flow control to enable intelligent 4 Page 819 of 1712 State of Utah Contract Number: AR603 networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic. 5.2.8.7 Carrier Aggregation Switches — Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches' major characteristics are: Designed for Metro Ethernet networks Designed for video and other high bandwidth applications Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: Redundant Processors Redundant Power IPv4 and IPv6 unicast and multicast High bandwidth Low latency Hot swappable power supplies and fans MPLS (Multiprotocol Label Switching) BGP (Border Gateway Protocol) Software router virtualization and/or multiple routing tables Policy based routing • Layer 2 functionality Per VLAN Spanning Tree Rapid Spanning Tree VLAN IDs up to 4096 Layer 2 Class of Service (IEEE 802.1 p) Link Aggregation Control Protocol (LACP) QinQ (IEEE 802.1 ad) 5.2.8.8 Carrier Ethernet Access Switches —A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. Hot-swappable and field-replaceable integrated power supply and fan tray AC or DC power supply with DC input ranging from 18V to 32 VDC and 36V to 72 VDC Ethernet and console port for manageability SD flash card slot for additional external storage Stratum 3 network clock Line-rate performance with a minimum of 62-million packets per second (MPPS) forwarding rate Support for dying gasp on loss of power 5 Page 820 of 1712 State of Utah Contract Number: AR603 Support for a variety of small form factor pluggable transceiver(SFP and SFP+) with support for Device Object Model (DOM) Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications Support for Synchronous Ethernet (SyncE) services Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic-shaping policies Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence 5.2.9 WIRELESS — Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: Redundancy and automatic failover IPv6 compatibility NTP Support 5.2.9.1 Access Points —A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include: 802.11 a/b/g/n 802.11 n 802.11 ac Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) UL2043 plenum rated for safe mounting in a variety of indoor environments Support AES-CCMP (128-bit) Provides real-time wireless intrusion monitoring and detection 5.2.9.2 Outdoor Wireless Access Points — Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include: Flexible Deployment Options Provides real-time wireless intrusion monitoring and detection Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) 5.2.9.3 Wireless LAN Controllers —An onsite or offsite solution utilized to manage light- weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include: Ability to monitor and mitigate RF interference/self-heal Support seamless roaming from AP to AP without requiring re-authentication Support configurable access control lists to filter traffic and denying wireless peer to peer traffic System encrypts all management layer traffic and passes it through a secure tunnel Policy management of users and devices provides ability to de-authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic Support configurable access control lists to filter traffic and denying wireless peer to peer traffic 6 Page 821 of 1712 State of Utah Contract Number: AR603 5.2.9.4 Wireless LAN Network Services and Management — Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include: Provide for redundancy and automatic failover Historical trend and real time performance reporting is supported Management access to wireless network components is secured SNMPv3 enabled RFC 1213 compliant Automatically discover wireless network components Capability to alert for outages and utilization threshold exceptions Capability to support Apple's Bonjour Protocol/mDNS QoS/Application identification capability 5.2.9.5 Cloud-based services for Access Points — Cloud-based management of campus-wide WiFi deployments and distributed multi-site networks. Capabilities include: Zero-touch access point provisioning Network-wide visibility and control RF optimization, Firmware updates 5.2.9.6 Bring Your Own Device (BYOD) — Mobile Data Management(MDM) technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones)to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include: Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless Provide user and devices authentication to the network Provide secure remote access capability Support 802.1x Network optimization for performance, scalability, and user experience 5.3.0 UNIFIED COMMUNICATIONS (UC) —A set of products that provides a consistent unified user interface and user experience across multiple devices and media types. Unified Communications that is able to provide services such as session management, voice, video, messaging, mobility, and web conferencing. It can provide the foundation for advanced unified communications capabilities of IM and presence-based services and extends telephony features and capabilities to packet telephony network devices such as IP phones, media processing devices, Voice over IP (VoIP) gateways, and multimedia applications. Additional services, such as unified messaging, multimedia conferencing, collaborative contact centers, and interactive multimedia response systems, are made possible through open telephony APIs. General UC solution capabilities should include: High Availability for Call Processing Hardware Platform High Availability Network Connectivity High Availability Page 822 of 1712 State of Utah Contract Number: AR603 Call Processing Redundancy 5.3.0.1 IP Telephony — Solutions utilized to provide the delivery of the telephony application (for example, call setup and teardown, and telephony features) over IP, instead of using circuit-switched or other modalities. Capabilities should include: Support for analog, digital, and IP endpoints Centralized Management Provide basic hunt group and call queuing capabilities Flexibility to configure queue depth and hold time, play unique announcements and Music on Hold (MoH), log in and log out users from a queue and basic queue statistics (from the phone E911 Support 5.3.0.2 Instant messaging/ Presence — Solutions that allow communication over the Internet that offers quick transmission of text-based messages from sender to receiver. In push mode between two or more people using personal computers or other devices, along with shared clients, instant messaging basically offers real- time direct written language-based online chat. Instant messaging may also provide video calling, file sharing, PC-to-PC voice calling and PC-to-regular- phone calling. 5.3.0.3 Unified messaging — Integration of different electronic messaging and communications media (e-mail, SMS, Fax, voicemail, video messaging, etc.) technologies into a single interface, accessible from a variety of different devices. Ability to access and manage voice messages in a variety of ways, using email inbox, Web browser, desktop client, VoIP phone, or mobile phone Visual Voicemail Support (Optional) 5.3.0.4 Contact Center—A computer-based system that provides call and contact routing for high-volume telephony transactions, with specialist answering "agent" stations and a sophisticated real-time contact management system. The definition includes all contact center systems that provide inbound contact handling capabilities and automatic contact distribution, combined with a high degree of sophistication in terms of dynamic contact traffic management. 5.3.0.5 Communications End Points and Applications Attendant Consoles IP Phones 5.3.0.6 UC Network Management — Provides end-to-end service management for Unified Communications. Capabilities include testing, performance monitoring, configuration management, and business intelligence reporting. 5.3.0.7 Collaboration —Voice, video, and web conferencing; messaging; mobile applications; and enterprise social software. 5.3.0.8 Collaborative Video —A set of immersive video technologies that enable people to feel or appear as if they were present in a location that they are not physically in. Immersive video consists of a multiple codec video system, where each meeting attendee uses an immersive video room to "dial in" and can see/talk to every other member on a screen (or screens) as if they were in the same room and provides call control that enables intelligent video bandwidth management. 5.3.0.8.1 Content Delivery Systems (CDS) —A large distributed system of servers deployed in multiple data centers connected by the Internet. The purpose of the content delivery system is to serve content to end-users with high availability and high performance. CDSs serve content over the Internet, including web objects s Page 823 of 1712 State of Utah Contract Number: AR603 (text, graphics, URLs, and scripts), downloadable objects (media files, software, documents), applications (e-commerce, portals), live streaming media, on-demand streaming media, and social networks. 5.3.0.8.2 Physical Security—Technology utilized to restricting physical access by unauthorized people to controlled facilities. Technologies include: a. Access control systems b. Detection/Identification systems, such as surveillance systems, closed circuit television cameras, or IP camera networks and the associated monitoring systems. c. Response systems such as alert systems, desktop monitoring systems, radios, mobile phones, IP phones, and digital signage d. Building and energy controls 5.3.1 SERVICES — For each Category above (5.21-5.30), the following services should be available for procurement as well at the time of product purchase or anytime afterwards. 5.3.1.1 Maintenance Services — Capability to provide technical support, flexible hardware coverage, and smart, proactive device diagnostics for hardware. 5.3.1.2 Professional Services Deployment Services Survey/Design Services — Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. Implementation Services — Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. Optimization — Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer's infrastructure, applications and service management. Remote Management Services — Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis. Consulting/Advisory Services — Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. Data Communications Architectural Design Services — Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. Statement of Work (SOW) Services — Customer-specific tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. 5.3.1.3 Partner Services — Provided by Contractor's Authorized Partners/Resellers. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the prime, Contractor is still ultimately responsible for the performance of its Partners/ Resellers. Customers can have the option to purchase the Services to be directly delivered by Contractor(OEM) or its certified Partners/Resellers. 5.3.1.4 Training — Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and 9 Page 824 of 1712 State of Utah Contract Number: AR603 troubleshooting network systems pertaining to items provided under the master agreement. 10 Page 825 of 1712 STATE OF UTAH CONTRACT NUMBER–AR603 Attachment C–Pricing Solicitation NumberJP14001 WSCA-NASPO Data Communications RFP Vendor Name: Avaya, Inc. RFP Product Categories: Minimum Discount Percentage: 5.2.2 NETWORKING SOFTWARE Discount% —32- 5.2.4 OPTICAL NETWORKING Discount% —38- 5.2.5 ROUTERS Discount% —38- 5.2.6 SECURITY Discount% —38- 5.2.8 SWITCHES Discount% —38- 5.2.9 WIRELESS Discount% —18- 5.3.0 UNIFIED COMMUNICATIONS (UC) Discount% _24_ In addition to the above, Avaya, either directly or through applicable Authorized Resellers, is pleased to offer hosted service offerings for certain technology categories listed above (at Avaya's discretion). These hosted offerings provide WSCA-NASPO customers with an alternative way to consume the technology to best meet their needs and provide flexible payment models. These models may be well suited for customers that have limited technical staff for technology deployment and ongoing administration. The hosted service offerings are based on Avaya validated architectures and delivered either directly or through carefully vetted and approved Authorized Resellers. Due to the unique requirements of each customer, Avaya and the approved Authorized Resellers, as applicable, can work with the customer to understand their unique requirements and deploy hosted offerings to best meet their needs. Additional contractual terms and conditions specific to the hosted solutions may be required. Current Avaya pricing sheets, approved by the State of Utah, can be found at the following web link: VENDOR PRICING SHEETS CLICK HERE 1 Page 826 of 1712 IMPORTANT: The minimum discount percentage listed in this attachment is for general informational purposes only and may not apply to every line item authorized under this contract. For specific item pricing, please refer to the contact price list weblink provided in this document. Vendors are required to post state specific pricing on their hosted website or through the WSCA-NASPO eMarket center as required by solicitation JP14001, in addition to the vendor pricing sheets approved and hosted by the State of Utah's master contract summary sheet. The State of Utah vendor pricing sheets will serve as the approved base price and do not include any applicable state specific administrative fees. State specific pricing, hosted on the vendor website or WSCA-NASPO eMarketcenter may reflect authorized state specific administrative fees. No other fees are authorized under this contract. Pricing audits may be conducted at any time by the State of Utah, WSCA-NASPO, or 3rd party audit provider to ensure accurate pricing. Per Solicitation JP14001, the following pricing/product requirements and instructions apply: 1.11 Pricing Structure Pricing Structure: Pricing for the State of Utah WSCA-NASPO Master Agreements shall be based on the Percent Discount off the current global MSRP Schedule applicable to United States customers. 1.12 Price Guarantee Period Price Guarantee Period: The Data Communication Provider's Discount rate shall remain in effect for the term of the WSCA-NASPO Master Price Agreement. 1.13 Price Escalation Equipment, Supplies and Services: Data Communications provider may update the pricing on their MSRP price list one time every year after the first year of the original contract term. The WSCA-NASPO Contract Administrator will review a documented request for a Price Schedule price list adjustment only after the Price Guarantee Period. 1.14 Price Reductions In the event of a price decrease in any category of product at anytime during the contract in a Provider's Price Schedule, including renewal options, the WSCA-NASPO Contract Administrator shall be notified immediately. All Price Schedule price reductions shall be effective upon the notification provided to the WSCA-NASPO Master Agreement Administrator. 1.20 WSCA Administrative Fee The Contracted Supplier must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the contract. The WSCA-NASPO administrative fee shall be submitted quarterly and is based on the actual sales of all products and services in conjunction with your quarterly reports. The WSCA-NASPO administrative fee must be included when determining the pricing offered. The WSCA-NASPO administrative fee is not negotiable and shall not be added as a separate line item on an invoice. Additionally, some WSCA-NASPO participating entities may require that an administrative fee be paid directly to the WSCA-NASPO participating entity on purchases made by purchasing entities within that State. For all such requests, the fee percentage, payment method and payment schedule for the participating entity's administrative fee will be incorporated in the Participating Addendum. Data Communications Provider will be held harmless, and may adjust(increase)the WSCA-NASPO Master Agreement pricing by the fee percentage for that participating entity accordingly for purchases made by purchasing entities within the jurisdiction of the State. All such agreements may not affect the WSCANASPO fee or the prices paid by the purchasing entities outside the jurisdiction of the participating entities requesting the additional fee. 2 Page 827 of 1712 5.3.2 ADDING PRODUCTS The ability to add new equipment and services is for the convenience and benefit of WSCA-NASPO, the Participating States, and all the Authorized Purchasers. The intent of this process is to promote "one-stop shopping" and convenience for the customers and equally important, to make the contract flexible in keeping up with rapid technological advances. The option to add new product or service categories and/items will expedite the delivery and implementation of new technology solutions for the benefit of the Authorized Purchasers. After the contracts are awarded, additional IT product categories and/or items may be added per the request of the Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO. Additions may be ad hoc and temporary in nature or permanent. All additions to an awarded Contractor or Manufacturer's offerings must be products, services, software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and intent of the RFP (i.e., converged technologies, value adds to manufacturer's solution offerings, etc.). 5.3.2.1 New Product from Contractors — If Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO itself requests to add new product categories permanently, then all awarded Contractors (Manufacturers)will be notified of the proposed change and will have the opportunity to work with WSCA to determine applicability, introduction, etc. Any new products or services must be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator. 5.3.2.2 Ad Hoc Product Additions —A request for an ad hoc, temporary addition of a product category/item must be submitted to WSCA-NASPO via the governmental entity's contracting/purchasing officer. Ad hoc, temporary requests will be handled on a case-by-case basis. The State of Utah WSCA- NASPO Contract Administrator must also be notified and will review and approve the addition before the purchase is finalized by the end user. The State of Utah WSCA-NASPO Contract Administrator has the final approval on any Ad Hoc product additions. 5.3.2.3 Pricelist Updates —As part of each Contractor's ongoing updates to its pricelists throughout the contract term, Contractor can add new SKUs to its awarded product categories that may have been developed in-house or obtained through mergers, acquisitions or joint ventures; provided, however, that such new SKUs fall within the Contractor's awarded product categories. Updated price lists will be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator before the revised price list is considered valid. 3 Page 828 of 1712 State of Utah Bid JP14001 ATTACHMENT D: Vendor' s Response to Solicitation JP14001 Bid Contact Teresa Just Address 719 North 400 West tjust@avaya.com Centerville, UT 84014 Ph 801-975-5707 Supplier Code 97143 JP14001--01-01 JP14001 - Data Supplier First Offer - 1/ contract y y Communications Products & Product ServicesCode: Supplier Total $0.00 9/11/201312:07 PM BidSync Page 829 of 1712 State mUtah Bid JP1400 Item: JP14001 - Data Communications Products M6Services State of Utah RFP Form Comp|ete.gocx |State of Utah - Data Communications RFP Final vl.docx State ofUtah Attachment [ fina|.gocx Copy of WSCA—Attachment—Maintenance—Pricing—Schedule—Section5-2-x 5 3.x|sx |State of Utah Table of Contents Attach ments.docx 01 Avaya Identity Engines CASE VV|zang.pgf 02 - Avaya Identity Engines Ignition Access Portal.pdf 03 Avaya Identity Engines Ignition Guest Manager.pgf |04 - Avaya Identity Engines Ignition Server.pdf 05 Avaya Networking Momentum.pgf 06 - Avaya VENA Distributed ToR.pdf 07 Avaya VENA Distribution of Globally Routable IPv6 over Fabric Connect.pdf |08 - Avaya VENA Fabric Connect.pdf OO Avaya VENA Fabric Conneot.pgf 09 - Avaya VENA Network Virtualization using Shortest Path Bridging and IP-SPB.pdf 10 Avaya VENA Video Surveillance - IP Multicast over Avaya Fabric Conneot.pgf ||11 - Avaya-on-Avaya Converged Value.pdf 12 [OMFact_ keet.pgf 13 - ERS-3500 Series—fact—sheet.pdf 14 ERS_4OOOSeries_fact_ keet.pgf 16 ERS_OOOOSeries_f ct_ keet.pgf 18 Lifetime Warranty for Stackable Ethernet Switches for Campus, Data Center and SME gep|oyments.pgf 19 - Packet Pushers -Customers share the benefits of deploying an Avaya fabric - podcast transcript.pdf 20 SR_2330Ser|es_f ct_skeet.pgf 22 VPFM Fact_ keet.pgf 23 - VPS Fact—sheet.pdf 24 VSP_4OOOSeries_fact_skeet.pgf 26 VSP_9OOOSeries_f ct_skeet.pgf 28 Avaya 10OOSeries IPDeskphones.pgf 29 - Avaya 9600 Series IP Deskphones.pdf 30 Avaya ACE System FaotSheet.pgf 31 - Avaya Aura Call Center Elite 6.2 Fact Sheet.pdf 32 Avaya Aura Conferencing FactSkeet.pgf 33 - Avaya Aura Contact Center 6.3 Fact Sheet.pdf 34 Avaya Aura Presence Serv|oesOffer.pgf 35 - Avaya Aura Taking the Next Steps.pdf 36 Avaya AuraRWorkforce Optimization Solution Brnohune.pgf |38 - Avaya Aura@ Application Enablement Services - Fact Sheet.pdf 39 Avaya Aura@ Communication Manager Messaging 0.0.pgf 41 Avaya Aura @ Messag|ng.pgf 42 - Avaya Aura@ Presence Services - Fact Sheet.pdf 43 Avaya Aura @ Sess|onManager.pgf State of Utah Bid JP14001 45 - Avaya Automated Chat Brochure.pdf 46 Avaya B149 Conference Phone.pdf 47 - Avaya B159 Conference Phone.pdf 48 Avaya B179 Conference Phone.pdf 49 - Avaya Call Management System product brief.pdf 50 Avaya Cloud Enablement for Video.pdf 51 - Avaya Cloud Enablement Solution for Enterprises Brochure.pdf 52 - Avaya Contact Center Control Manager Fact Sheet.pdf 53 - Avaya Desktop Communications Enablement.pdf 54 -i Avaya(Flare Experience for Windows and iPad.pdf 55 - Avaya Flare Experience.pdf 56 Avaya Microsoft Lyric Integration.pdf l 57 - Avaya One Touch Video Fact Sheet.pdf 58 Avaya one-X Attendant.pdf 59 - Avaya one-X Mobile.pdf 60 Avaya one-X@ Communicator.pdf 61 - Avaya Aura Experience Portal.pdf 62 Call Center Elite Multichannel Brochure.pdf 63 - Expanded Meet-me Conferencing Fact Sheet.pdf 64 -i IP Office Preferred Edition Fact Sheet.pdf 65 - Proactive Outreach Manager Brochure.pdf 66 Safe Session Initiation Protocol Trunks- Avaya Session Border Controller for Enterprise.pdf 67 - The Avaya Collaborative Cloud.pdf 68 The Business Value of Enterprise SIP - A CIO View.pdf 69 - UCC and SIP Drive Savings in Cost Conscious Enterprises.pdf 70 Avaya Converged Case Study full suite of solutions Sochi'2014 Olympic Winter Games.pdf 71 - Fabric Connect Healthcare Case Study - Franciscan Alliance.pdf 72 - Fabric Connect Higher Ed Case Study - Macquarie University Case Study.pdf 73 - Avaya Switch Clustering Higher Ed Case Study - Temple University.pdf 74 - Avaya Fabric Enabled Networking to Power InteropNet at Interop 2013.pdf' 9/11/2013 12:07 PM BidSync Page 831 of 1712 State of Utah Bid JP14001 AVAYA Exceptions 7.2 Offeror Exceptions to Terms and Conditions 7.2.1 The Lead State discourages exceptions to contract terms and conditions in the RFP, attached Participating Entity terms and conditions (if any), and the WSCA-NASPO Master Agreement Terms and Conditions. As specified in this RFP, exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Lead State (and its evaluation team), the proposal appears to be conditioned on the exception or correction of what is deemed to be a deficiency or unacceptable exception would require a substantial proposal rewrite to correct. Moreover, Offerors are cautioned that award may be made on receipt of initial proposals without clarification or an opportunity for discussion, and the nature of exceptions would be evaluated. Further, the nature of exceptions will be considered in the competitive range determination if one is conducted. Exceptions will be evaluated to determine the extent to which the alternative language or approach poses unreasonable, additional risk to the state, is judged to inhibit achieving the objectives of the RFP, or whose ambiguity makes evaluation difficult and a fair resolution (available to all vendors) impractical given the timeframe for the RFP. vayaResponse: Understood. 7.2.2 The Lead State will entertain exceptions to contract terms and conditions in this RFP, including the WSCA-NASPO Master Agreement Terms and Conditions. Offerors are strongly encouraged to be judicious in identifying exceptions. vayaResponse: Understood. Please see Avaya's requested exceptions within the WSCA-NASPO Master Terms and Conditions and the State of Utah Standard Information Technology Terms and Conditions. 7.2.4 The Lead State will consider Offeror standard terms for inspection and acceptance, so long as a reasonable time for acceptance is stated. However, the Participating Entities right to exercise revocation of acceptance under its Uniform Commercial Code must be preserved. Submit the standard terms with the offer and describe generally how commerciality in their use is established, e.g., identify publicly-available catalogs where the warranty terms are used and how long they have been in use. vayaResponse: Understood. Please see Avaya response clause to Section 8 (Delivery) and New Section 34 (Contractor's Implementation and Professional Services Terms), Subsection 34.2 (Acceptance) in the WSCA-NASPO Master Agreement Terms and Conditions for Avaya's exceptions. 7.2.5 The Lead State will consider standard warranty and/or maintenance terms, but the alternative warranty and/or maintenance will be evaluated to determine whether they provide comparable protection to the warranty specified in section 30 of the WSCA-NASPO Master Agreement Terms and Conditions. Provide the terms of the warranty and maintenance in the offer. Also describe generally how commerciality is established for those terms, e.g., publicly- available catalogs the warranty terms are used and how long they have been in use. Provide one reference from a customer having comparable sales volume who is using the warranty and maintenance provisions, where the warranty term has expired, and who has exercised rights under the warranty. vayaResponse: 9/11/2013 12:07 PM BidSync Page 832 of 1712 State of Utah Bid JP14001 AVAYA Understood. Please see RFP Section 4.2 and the WSCA-NASPO Master Agreement Terms and Conditions Section 30 for Avaya's requested exceptions with regards to Avaya's standard warranty. In addition, please see Avaya's requested exceptions to add a new Section 33 to the WSCA-NASPO Master Agreement Terms and Conditions, titled, Avaya's Maintenance/ Managed Services terms, and add a new Section 34 titled Implementation and Professional Services Terms Avaya's requests for modification, consideration, or exceptions are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR) # DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DIR Contracts/DIR-SDD-1499-appendix-d.pdf 7.2.6 Intellectual property. The Lead State will consider license terms and conditions that as a minimum convey to Participating Entities a nonexclusive, irrevocable, perpetual, paid-up, royalty free license to use software or other intellectual property delivered with or inherent in the commodity or service, and to transfer the license rights to third parties for government purposes. Provide the terms of the license, including any terms that cover third party intellectual property used in the Offeror's solution. Offerors should be aware that Participating Entities using federal funds may be required to negotiate additional or different terms to satisfy minimum rights requirements of their federal grants. vayaResponse: Understood. Please refer to the WSCA-NASPO Master Agreement Terms and Conditions Section 17, for Avaya's requested exceptions regarding: i)Avaya's software license, ii) Intellectual Property rights. In addition, see WSCA-NASPO Master Agreement Terms and Conditions, Section 12 for Avaya's requested exceptions for intellectual property indemnification. In addition, regarding State of Utah Standard Information Technology Terms and Conditions, Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, Section 17.2 (Intellectual Property Rights) supersedes for the following sections of the State of Utah Standard Information Technology Terms and Conditions: i) Section 26 (Copyright); ii) Section 27 (Ownership, Protection and Use of Records); iii) Section 28 (Ownership, Protection, and use of Confidential Federal State, or Local Government Internal Business Processes and Procedures); iv) Section 29 (Ownership, Protection, and return of Documents and Data Upon Contract Termination or Completion) Avaya's requests for modification, consideration, or exception are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR)# DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DIR Contracts/DIR-SDD-1499-appendix-d.odf 7.2.7 Any limitation of liability provision —including any exclusion of damages clause — proposed by an Offeror to be the default limitation of liability provision under the Master Agreement must preserve a reasonable amount of direct damages for breach of contract, additionally permit the Participating Entity to recoup amounts paid for supplies or services not finally accepted (as in the case of advance or progress payments, if used), and preserve the right of the Participating Entity to be held harmless from costs of litigation as well as ultimate liability within limits agreed by the parties. Moreover, any limitation of liability clause proposed by an Offeror should be reciprocal, cover lost profits, and exclude claims or liability arising out of intellectual property infringement, bodily injury (including death), damage to tangible property, and data breach. Include the text of any such language if proposed. Further, provide contact information for a public entity, or private entity if no public entity exists, where the limitation of liability clause (or another clause substantially similar) operated to limit liability. If no such example exists, provide contact 9/11/2013 12:07 PM BidSync Page 833 of 1712 State of Utah Bid JP14001 AVAYA information for a state, or if no state exists, a higher education institution, or if none exists, a city or county represented by counsel in the negotiations who has agreed to the proposed terms and conditions. AvayaResponse: Understood. Please reference the WSCA-NASPO Master Agreement Terms and Conditions Section 15, for Avaya's requested exceptions regarding limitation of liability. In addition, reference the State of Utah Standard Information Technology Terms and Conditions for Avaya's request for exception to Section 11 (Indemnity Clause) which we propose to be superseded by the General Indemnity clause of Avaya's proposed Section 15.2 in the WSCA-NASPO Master Agreement Terms and Conditions. Avaya's requests for modification, consideration, or exception are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR)# DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DIR Contracts/DIR-SDD-1499-appendix-d.pdf 7.2.8 The enumerated examples in subsection 7.2 are not intended to limit the ability of Offerors to propose additional, reasonable exceptions. For any other exception, where the exception is based on claims of standard or normal commercial practice, provide contact information for a state, or if no state exists, a higher education institution, or if none exists, a city or county represented by counsel in the negotiations who has agreed to the proposed terms and conditions. AvayaResponse: Avaya has submitted additional, reasonable modifications, requests for consideration or exceptions to the following clauses, within the WSCA-NASPO Master Agreement Terms and Conditions: Section 3.1 —Assignment/Subcontracting Section 4—Cancellation Section 5—Confidentiality, Non-Disclosure and Injunctive Relief Section 7— Defaults and Remedies Section 8— Delivery Section 16— Laws and Regulation Section 19—Order Numbers Section 26—Standard of Performance and Acceptance Section 27— System Failure or Damage Section 28—Title of Product Section 29—Waiver of Breach Section 31 —Assignment of Antitrust Rights Definitions Avaya has submitted modifications or exceptions to the following clauses within Attachment A, the State of Utah Standard Information Technology Terms and Conditions: Section 13—Termination Section 17—Secure Protection and Handling of Data Section 18— Notification and Data Breaches Section 19— Change Management 9/11/2013 12:07 PM BidSync Page 834 of 1712 State of Utah Bid JP14001 AVAYA Section 23—Ordering and Invoicing Section 25— Payment Section 30—Confidentiality Section 31 —Termination Upon Default Section 34— Liability of Insurance Section 35— Entire Agreement Section 36—Survivorship Section 39—Time is of the Essence Section 43— Insurance Section 44—Standard of Care Section 45—State Review Limitations Avaya's requests for modification, consideration, or exceptions are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR)# DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DIR Contracts/DIR-SDD-1499-appendix-d.pdf 9/11/2013 12:07 PM BidSync Page 835 of 1712 State of Utah Bid JP14001 0 '-$ .� ;F-5 State of Utah a T. Request for Proposal � � Legal Company Name Federal Tax Identification Number State of Utah Sales Tax ID Number (include d/b/a if applicable) - - 22-3713430 Avaya Inc. Ordering Address City State Zip Code 4655 Great American Pkwy Santa Clara CA 95054-1233 Remittance Address City State Zip Code (if different from ordering address) - - - Type Corporation Company Contact Person Partnership Proprietorship Government Teresa Just Telephone Number(include area code) Fax Number(include area code) 801-975-5707 801-975-5707 Company=s Internet Web Address Email Address www.avaya.com tjust@avaya.com Discount Terms (for bid purposes, bid discounts less Days Required for Delivery After Receipt of Order(see than 30 days will not be considered) attached for any required minimums) Net 30 10 Days The undersigned certifies that the goods or services offered are produced, mined, grown, manufactured, or performed in Utah. Yes No. If no, enter where produced, etc. NA 9/11/2013 12:07 PM BidSync Page 836 of 1712 State of Utah Bid JP14001 Signature: d <� Printed Name: Edward 3. Walton Date: August 30, 2013 9/11/2013 12:07 PM BidSync Page 837 of 1732 State of Utah Bid JP14001 An Avaya Wfion for State of Utah Data Communications Products and Services Contract Ili i 1� 3 _ rl sus y fi, r r S k"A Presented By: Teresa Just Darned Account I rr er 719 North 400 Wok Centerville, UT 84014 801-975-5707 The Power of We'o tjust@avaya,corn August 30, 2013 9/11/2013 12:07 PM BidSync Page 838 of a732 State of Utah Bid JP14001 Avaya Inc. AVAYA 4655 Great American Parkway Santa Clara, CA.95054-1233 The Power of We" www.avaya.com August 30, 2013 Jennifer Porter State of Utah Division of Purchasing and General Services State Office Building, Capitol Hill Room 3150 Salt Lake City, UT 84114 -1061 Dear Ms. Porter, Avaya understands that you and your team will be making a very important decision in the coming days, choosing a vendor(s) to support the Data and Unified Communications products and services, which are so critical in the State and Local Government and School Systems. The unique Avaya unified communications strategy is about harnessing the business power of human interactions by bringing together the right people and the relevant information using the most effective means. Avaya solutions can help the State of Utah and the WSCA-NASPO Participating States make better decisions faster and serve customers more effectively at a lower cost. Avaya Aura°extends, enhances, and integrates our industry leading Communication Manager, data, video, and telephony solutions with new capabilities, simplified packaging, and a SIP-based architecture. Avaya Aura°is a natural evolution of our open, reliable and extensible IP-based communications and collaboration platform. The session based architecture centralizes applications and allows the shift from calls to sessions and from the system to the profile and needs of the end user, regardless of location. Avaya Aura°architecture simplifies complex multivendor, multimodal, multi location networks enabling State of Utah and the WSCA-NASPO Participating States to take advantage of cost saving SIP trunk aggregation, centralized applications, and centralized management. Avaya provides the path for integration of the latest unified communication applications at a pace you choose without compromising existing investments. The architecture is designed with sustainability in mind, efficiently using data center resources, and leveraging economies of scale with centralized services. Fewer servers, server virtualization, high efficiency power supplies, and phones with low energy requirements result in overall lower Total Cost of Ownership. In summary, Avaya distinguishes itself from our competitors by leveraging experience, expertise, and leadership in Data, Telephony, and Video as the keystone of our unified communications strategy. We are applications centric, focusing on the user; rather than the desktop, the device, and the network, with solutions that are fit for purpose, not commoditized. Avaya offers: • A unique unified communications strategy focused on harnessing the business power of human interactions • Data and Telephony expertise and ongoing innovation based on an industry leading architecture • Flexible, incremental growth, and investment protection that allows the State of Utah and WSCA- NASPO Participating States to evolve at your own path, pace, and choice with multivendor support and without vendor lock-in • Industry leading low total cost of ownership and sustainability • Industry leading application enablement, with a unique integration platform and ecosystem of third party developers 9/11/2013 12:07 PM BidSync Page 839 of a712 State of Utah Bid JP14001 Avaya Inc. AVAYA 4655 Great American Parkway Santa Clara, CA.95054-1233 The Power of We" www.avaLa.com • Solutions with more than 99.999 levels of reliability to meet the highest standards of enterprise business and contact center operations. • Scalability up to 100,000 users, 50,000 SIP endpoints, 500 Avaya Aura°Communication Manager servers, and 25,000 locations with a single point of management. • Support of standards and openness as strategic differentiators, backed by leadership in standards bodies, architecture to address vendor variability, and open access to Avaya solutions. The following information explains how Avaya can deliver on the promise to help the State of Utah and WSCA-NASPO and Participating States realize your goals. Please contact me if questions arise. I look forward to talking with you soon. Sincerely, 7'e4-e,scLjust- Teresa Just Named Account Manager 9/11/2013 12:07 PM BidSync Page 840 of a712 State of Utah Bid J P1 4001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Table of Contents Table of Contents Section 1: WSCA-NASPO Solicitation General Information ..................................... 1 Section 3: Data Communications Provider Mandatory Minimum Requirements ....4 Section 4: Data Communications Provider Qualifications ........................................7 Section 5: Service Offering Qualifications................................................................ 17 Section 6: Evaluation................................................................................................ 165 Section 7: Master Agreement Terms and Conditions / Exceptions...................... 171 WSCA-NASPO Master Agreement Terms and Conditions...........................................................179 ATTACHMENT A........................................................................................................ 214 STATE OF UTAH STANDARD INFORMATION TECHNOLOGY TERMS AND CONDITIONS (FOR WSCA CONTRACTS and DTS RELATED CONTRACTS)..............................................................214 Avaya and the Avaya Logo are trademarks of Avaya Inc.and may be registered in certain jurisdictions.Trademarks identified by and TM and sm are registered trademarks or trademarks or service marks,respectively,of Avaya Inc. unless noted.All other trademarks are the property of their respective owners. Avaya Proprietary and Confidential Information i 9/11/2013 12:07 PIVI BidSync Page 841 of a7112 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Executive Summary Executive Summary Avaya is a TrustedPartner of State and Local Government and Education Systems As a global leader in data communication, unified communications and contact centers, Avaya helps State and Local Government and school districts seamlessly converge and consolidate their voice, data, and video environment to create a foundation that is lower cost, higher in performance, and more reliable. Key Elements of the Avaya Solution • Lower Total Cost of Ownership • Complete Portfolio of Communication Solutions and Services • National Footprint Lower Total Cost of Ownership Nemertes Research 2013 report: Operational Cost Drives Stark Differences in First Year Telephony, Unified Communication Costs by Robin Gareiss. The Avaya data networking products have been shown by independent third party analysts to be up to 40% lower price than the market leader on comparable Ethernet Switches. ly h Complete Portfolio of Communication Solutions and Services Avaya offers solutions in three key business collaboration and communications categories: • Real time collaboration, video, and unified communications software, infrastructure, and endpoints for an increasingly mobile workforce. • Customer experience interaction management, including contact center applications. Avaya Proprietary and Confidential Information ii 9/11/2013 12:07 PM BidSync Page 842 of a712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Executive Summary • Fit-for-purpose networking solutions including Ethernet switching and routing, wireless, security, and collaboration pods to deliver maximum performance for Avaya applications supporting private or public cloud solutions. These three categories are supported by an Avaya portfolio of services including product support, integration, and professional and managed services that enable customers to optimize, and manage their communications networks worldwide, and achieve enhanced business results. National Footprint More than one million businesses worldwide, including Federal, State and Local Government, and Education, use Avaya collaboration solutions for data networking, IP telephony, unified communications, and contact centers. Avaya Client Services provides comprehensive service and support for organizations, small to large. r_ Why f S S r� - r. Avaya? Avaya is a global leader in business communications systems. The company provides data networking, unified communications, contact centers, and related services directly and through its channel partners to leading businesses, and organizations. Enterprises of all sizes depend on Avaya for state of the art communications that improve efficiency, collaboration, customer service, and competitiveness. The unique combination of communications applications, software, and services at Avaya helps companies simplify complex communications and integrate with technologies from other vendors, enabling customers to unlock value and potential from their network. By embedding communications into the operations of an enterprise, Avaya helps improve the way organizations work, making people more productive, processes more flexible, and customers more satisfied. Avaya focuses on these major businesses: Unified ' The Avaya unified communications solutions help companies increase Communications employee productivity, improve customer service, and reduce costs by integrating multiple forms of communications, including telephony, email, instant messaging, and video all across multivendor networks. With Avaya unified communications, customers can communicate effectively regardless of location, or device. Open, standards based unified communications software and hardware at Avaya Proprietary and Confidential Information iii 9/11/2013 12:07 PM BidSync Page 843 of a712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Executive Summary Avaya are widely recognized as the most reliable, secure, and comprehensive offerings in the industry. Contact Centers Avaya is the global leader in the contact center market. Avaya offers highly reliable, scalable communications solutions that improve customer service, and help companies compete more effectively. The Avaya contact center solutions include intelligent routing, self-service, and proactive contact applications that drive effective communications and transactions with customers. In addition, the Avaya analytics and reporting platform, Avaya IQ, provides companies with detailed customer information that improves profitability, and customer retention. Avaya Networking The Avaya Networking portfolio offers the reliable, secure, end-to-end solutions needed to fully use real time communications, delivering world class performance, and superior return on investment. The diverse networking portfolio team at Avaya is committed to delivering innovative technology, energy efficient hardware, and improving the effectiveness of business by creating a simpler and more effective network. Organizations should never be constrained by their networks, and proven networking solutions from Avaya allow the network to be accepted and valued as a genuine real time communications enabler. Avaya Client Services Avaya Client Services evaluates, designs, implements, and manages enterprise communications networks for superior business results. The Avaya consulting and implementation services are backed by approximately 7,000 employees worldwide; 34 network operations and technical support centers; and unique, patented design, and management tools. Small and Medium The Avaya Small and Medium Enterprise Communications unit is focused on Enterprise enterprises with up to 250 employees. The company offers complete Communications solutions that bring together telephony, messaging, networking, conferencing, and customer management designed for the requirements of small and medium enterprises. The products and services are sold primarily through the Avaya global channel partners. Unified Communications The Avaya unified communications solutions help companies increase employee productivity, improve customer service, and reduce costs by integrating multiple forms of communications, including telephony, email, instant messaging, and video all across multivendor networks. With Avaya unified communications, customers can communicate effectively regardless of location, or device. Open, standards based unified communications software and hardware at Avaya are widely recognized as the most reliable, secure, and comprehensive offerings in the industry. Contact Centers Avaya is the global leader in the contact center market. Avaya offers highly reliable, scalable communications solutions that improve customer service, and help companies compete more effectively. The Avaya contact center solutions include intelligent routing, self-service, and proactive contact applications that drive effective communications and transactions with customers. In addition, the Avaya analytics and reporting platform, Avaya IQ, provides companies with detailed customer information that improves profitability, and customer retention. Avaya Proprietary and Confidential Information iv 9/11/2013 12:07 PM BidSync Page 844 of a712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Executive Summary Avaya ri The Avaya Networking portfolio offers the reliable, secure, end to end solutions needed to fully use real time communications, delivering world class performance, and superior return on investment. The diverse networking portfolio team at Avaya is committed to delivering innovative technology, energy efficient hardware, and improving the effectiveness of business by creating a simpler and more effective network. Organizations should never be constrained by their networks, and proven networking solutions from Avaya allow the network to be accepted and valued as a genuine real time communications enabler. Avaya liServices Avaya Client Services evaluates, designs, implements, and manages enterprise communications networks for superior business results. The Avaya consulting and implementation services are backed by approximately 7,000 employees worldwide; 34 network operations and technical support centers; and unique, patented design, and management tools. Small and MediumEnterprise Communications The Avaya Small and Medium Enterprise Communications unit is focused on enterprises with up to 250 employees. The company offers complete solutions that bring together telephony, messaging, networking, conferencing, and customer management designed for the requirements of small and medium enterprises. The products and services are sold primarily through the Avaya global channel partners. Key Avaya Facts Avaya employs over 16,000 people worldwide, including 3,100 research and development professionals. Avaya has approximately 5,500 patents or patents pending, and about 9,200 channel partners worldwide. Avaya continues to maintain its leadership in key market segments over major competitors including Alcatel-Lucent, Cisco, Genesys, Mitel, NEC, ShoreTel, and Siemens. Avaya is consistently recognized as a global leader by industry and technology experts, and has achieved worldwide leadership positions in the following segments: • No. 1 in Worldwide Unified Communications and Telephony Systems' • No. 1 in Worldwide Contact Center2 • No. 1 in Worldwide Enterprise Messaging3 • No. 1 in Worldwide Fixed Mobile Convergence • No. 1 in Worldwide Voice Maintenance Services5 Additionally, Gartner places Avaya in the Leaders Quadrant based on its completeness of vision and ability to execute: • Leaders Quadrant in Gartner Magic Quadrant for Corporate Telephony, 20126 1 Dell'Oro Group,Enterprise Telephony Report,4Q11,March,2012 2 Gartner Inc.,Market Share,Contact Center:Worldwide,2011,Drew Kraus,March,2012 3 T3i Group,InfoTrack for Converged Applications,Full Year 2010,Messaging,June,2011 4 Frost&Sullivan,World Enterprise Premises-Based FMC Solutions Markets,February,2011 5 IntelliCom Analytics,4Q 2011 Global Lifecycle Services Market,March,2012 6 Gartner Magic Quadrant for Corporate Telephony,Jay Lassman et al,September,2012 Avaya Proprietary and Confidential Information v 9/11/2013 12:07 PM BidSync Page 845 of a712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Executive Summary • Leaders Quadrant in Gartner Magic Quadrant for Unified Communications, 20127 • Leaders Quadrant in Gartner Magic Quadrant for Contact Center Infrastructure, Worldwide, 2012$'9 7 Gartner Magic Quadrant for Unified Communications,Bern Elliot et al,August,2012 8 Gartner Magic Quadrant for Contact Center Infrastructure,Worldwide,Drew Kraus et al,June,2012 9 The Magic Quadrants are copyrighted by Gartner,Inc.and are reused with permission.The Magic Quadrant is a graphical representation of a marketplace at and for a specific time period.It depicts Gartner's analysis of how certain vendors measure against criteria for that marketplace,as defined by Gartner.Gartner does not endorse any vendor,product or service depicted in the Magic Quadrant,and does not advise technology users to select only those vendors placed in the"Leaders"quadrant.The Magic Quadrant is intended solely as a research tool,and is not meant to be a specific guide to action.Gartner disclaims all warranties,express or implied,with respect to this research,including any warranties of merchantability or fitness for a particular purpose. Avaya Proprietary and Confidential Information vi 9/11/2013 12:07 PM BidSync Page 846 of x712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 1 —WSCA-NASPO Solicitation General Information Section 1 : WSCA-NASPO Solicitation General Information Avaya Response: Avaya has read, understands, and agrees with all of the requirements in Section 1 and Section 2. The questions listed below are where we have additional comments. 1.8 Current State Participants The States currently participating in the existing contracts are: Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Hawaii, Idaho, Iowa, Kentucky, Louisiana, Minnesota, Missouri, Montana, Nevada, New Jersey, Oklahoma (Grand River Dam Authority), Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming. States with "Intent to Participate" —The following states have executed an Intent to Participate thru WSCA-NASPO, which simply indicates that they want to be formally listed in the published Request for Proposal as participating in the solicitation process: California, Hawaii, Minnesota, Missouri, Montana, Nevada, New Jersey, South Carolina, South Dakota, Utah, Vermont and Washington. All 56 NASPO members are eligible to participate in all WSCA- NASPO contracts when and if they decide they want to, in accordance with their individual statutory requirements. Avaya esponse: Understood. Pursuant to WSCA-NASPO's response to questions 33 and 45 during the question and answer phase, (from the Question and Answer document). 1.15 Usage Reporting Requirement All Data Communication Provider's will be required to provide quarterly usage reports to the WSCA-NASPO Contract Administrator or designee. The initiation and submission of the quarterly reports are the responsibility of the Data Communication Contract Provider. You are responsible to collect and report all sales data including your resellers and partners sales associated with your Master Agreement. There will be no prompting or notification provided by the WSCA-NASPO Contract Administrator. Quarterly reports must coincide with the quarters in the fiscal year as outlined below: • Quarter#1: July 1 through September 30, due annually by October 30. • Quarter#2: October 1 through December 31, due annually by January 30. • Quarter#3: January 1 through March 31, due annually by April 30. • Quarter#4: April 1 through June 30, due annually by July 30. Respondents must identify the person responsible for providing the mandatory usage reports. This contact information must be kept current during the Master Agreement period. The WSCA-NASPO Contract Administrator must be notified if the contact information changes. The contact information for the person responsible for the mandatory quarterly usage reporting must be specified per Section 3.1.5. The purpose of the Master Agreement usage-reporting requirement is to aid in Master Agreement management. The specific report content, scope, and format requirements will be provided to the awarded Data Communications Products and Services Provider's during Master Agreement execution. Some WSCA-NASPO States may require additional reporting August 30, 2013 ©2013 Avaya Inc. Page 1 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 847 of a732 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 1 —WSCA-NASPO Solicitation General Information requirements. Those requirements will be addressed through the individual participating entity's Participating Addendum process. Failure to comply with this requirement may result in Master Agreement cancellation. Avaya esponse: Understood. Pursuant to WSCA-NASPO's response to question 70 during the question and answer phase, (from the Question and Answer document). 1.16 Standard Contract Terms and Conditions Any Master Agreement resulting from this RFP will include, but will not be limited to,the WSCA-NASPO Standard Master Agreement Terms and Conditions, the State of Utah Additional Terms and Conditions (Appendix A) and any additional terms and conditions specific to WSCA- NASPO participating addendums for participating entities. The WSCA-NASPO Master Agreement Terms and Conditions and State of Utah Additional Terms and Conditions will take highest precedence in any contract resulting from this solicitation. Vendors must clearly identify exceptions to the WSCA-NASPO Standard Master Agreement Terms and Conditions and the State of Utah Additional Terms and Conditions in the bid submission. Vendor exceptions must include proposed solution language. Failure to submit exceptions and/or solution language will constitute vendor acceptance of WSCA-NASPO and State of Utah Additional Terms and Conditions. No third party terms and conditions will be allowed in resulting contracts awarded under this solicitation. Additional vendor terms and conditions must be submitted with the solicitation bid response for legal review and contract applicability. Submission of vendor terms and conditions with a bid response does not guarantee acceptance. Vendor terms and condition will not include any reference to website URLs that house additional terms and conditions. All terms and conditions associated with resulting contracts will be identified and attached to the WSCA-NASPO Master Agreement. The State of Utah reserves the right to accept, reject, and/or negotiate vendor terms and conditions after the award(s) have been made if it is in the best interest of the State of Utah. Participating States reserve the right to negotiate vendor terms and conditions during the Participating Addendum process. Vendor terms and conditions included with a bid response are limited to a maximum of 10 pages (8'/Z x 11 inch paper, 10 pt Arial font, and single sided). Failure to adhere to these terms and conditions requirements may result in vendor disqualification. Avaya esponse: Understood. Pursuant to WSCA-NASPO's response to question 31 during the question and answer phase, (from the Question and Answer document). 1.18 Discussions with Respondents (Oral Presentation) An oral presentation by a Respondent to clarify a proposal may be required at the sole discretion of the WSCA-NASPO Master Agreement Administrator. However, the WSCA-NASPO Contract Administrator may award a Master Agreement based on the initial proposals received without discussion with the Respondent. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the Respondents expense. Avaya esponse: Understood. Avaya respectfully submits that no terms and conditions shall be binding upon either party until Avaya has been awarded the bid reflected by this RFP and the parties have negotiated in good faith to reach a final and definitive written final agreement (and same is executed and delivered by the applicable parties). August 30, 2013 ©2013 Avaya Inc. Page 2 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 848 of a7232 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 1 —WSCA-NASPO Solicitation General Information 1.29 E-Rate Requirement All award contractors must commit to participation in the Federal Communication Commission's E-rate discount program established under authority of the Federal Telecommunications Commission Act of 1996. Participation in, and implementation of, this program must be provided without the addition of any service or administration fee by the contractor. Avaya esponse: Understood. The Avaya SPIN (Service Provider Identification Number) number is: 143005214. 1.30 Section 508 Compliant Respondents must meet all Federal and State regulations required to these type of products including but limited to accessible products by describing their support of the applicable provisions of the Workforce Investment Act of 1998, Section 508. Avaya esponse: Understood. Section 508 VPAT statements of compliance for Avaya products can be found at: http://www.avayagov.com/accessibility/. August 30, 2013 ©2013 Avaya Inc. Page 3 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 849 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 3—Data Communications Provider Mandatory Minimum Requirements Section 3: Data Communications Provider Mandatory Minimum Requirements 3.1 General Information This section contains requirements that must be addressed in order for your proposal to be considered for the evaluation phase of this RFP. All of the items described in this section are non-negotiable. Respondents are required to complete: Mandatory Requirements (M)All Respondents must meet the (M) requirements listed in this section, and explain how the requirement is met. A`no' response on the acceptance document or omission of the required explanation will disqualify the service from further evaluation. 3.1.1 Equipment Offering (M) Identify Equipment Offering in sections 5.2.1-5.3.0. Avaya Response: Understood. 3.1.2 Service Offering (M) Identify Service Offerings for all products offered in Sections 5.2.1-5.3.0. Avaya Response: Understood. 3.1.3 Insurance Requirement (M) This pertains to the State of Utah insurance requirements. Other Participating States may identify different insurance requirements during the participating addendum process. Data Communications Provider's and their authorized contractors shall procure and maintain insurance which shall protect the authorized contractor and The State and/or purchasing entity (as an additional insured) from any claims from bodily injury, property damage, or personal injury covered by the indemnification obligations set forth herein. The Data Communications Provider's authorized contractor shall procure and maintain the insurance policies described below at their own expense and shall furnish to the procurement manager, upon award, an insurance certificate listing the participating State(s) as certificate holder and as an additional insured. The insurance certificate must document that the Commercial General Liability insurance coverage purchased by the authorized contractor to include contractual liability coverage applicable to this Master Agreement. In addition, the insurance certificate must provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all States); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements) and an acknowledgment of notice of cancellation to the participating States. Authorized contractor is required to maintain the following insurance coverage's during the term of the WSCA-NASPO Master Agreement: August 30, 2013 ©2013 Avaya Inc. Page 4 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 850 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 3—Data Communications Provider Mandatory Minimum Requirements 1) Workers' Compensation Insurance—The Data Communications Provider's authorized contractor must comply with Participating State's requirements and provide a certificate of insurance. 2) Commercial General Liability Policy per occurrence -$1,000,000. Coverage to include bodily injury and property damage combined single limit. 3) Business Automobile Policy to include but not limited to liability coverage on any owned, non-owned, or hired vehicle used by Data Communications Provider's authorized contractor personnel in the performance of this Master Agreement. The business automobile policy shall have the following limits of liability: Per Occurrence -$1,000,000, Annual Aggregate -$3,000,000, Annual Aggregate applying to products and services- $3,000,000. Coverage must include premises and operations, bodily injury and property damage, personal and advertising injury; blanket contractual, products and services, owner named as an additional insured. The State of Utah must be listed as an additional insured. Within 10 days of contract award, the Contracted Supplier and/or Authorized Contractor must submit proof of certificate of insurance that meets the above requirements or the Participating States requirements. Avaya Response: Please reference Attachment A, State of Utah Standard Information Technology Terms and Conditions, Section 43 for Avaya responses. In addition, please reference WSCA-NASPO Master Terms and Conditions, Section 15 for the Avaya requested modifications to Insurance. 3.1.4 Delivery (M) The prices offered shall be the delivered price to any WSCA-NASPO purchasing entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the contractor. Responsibility and liability for loss or damage shall remain the Contractor until final inspection and acceptance (within 30 days after delivery for external damage and 30 days for any concealed damage) when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge. Avaya Response: Please see RFP Section 7.2 and the WSCA-NASPO Master Agreement Terms and Conditions, Section 8, for the Avaya requested exceptions. 3.1.5 Service Offering Documentation (M) Upon request, user and/or technical documentation should be supplied for all procured products and services. Manuals may be available via the Contracted Supplier's website. The manual shall contain user and technical instructions appropriate to the service. Avaya Response: Understood. August 30, 2013 ©2013 Avaya Inc. Page .5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 851 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 3—Data Communications Provider Mandatory Minimum Requirements 3.1.6 Data Communications Provider Contract Administrator and Usage Report Administrator (M) The Contracted Supplier shall provide a Contract Administrator to manage compliance with the scope and terms and conditions for this contract. The following Information, at a minimum, regarding the Contract Administrator shall be provided: a. Administrator's number of years experience in the Data Communications Services business. Avaya Response: Upon award of the contract, Avaya will identify the individual that will be assigned as the Administrator. The average years of experience are more than 10 years in Data Communications Services. b. Confirmation that the Data Communications Provider Contract Administrator has authority to enforce the scope of work and terms and conditions of the resulting contract. The Contracted Supplier shall also provide a Usage Report Administrator responsible for the quarterly sales reporting described in Section 1.15 Usage Reporting Requirement. Avaya Response: The Contract Administrator will have authority to enforce the scope of work and terms and conditions of the contract. 3.1.7 eMarket Center Cooperation (M) To be eligible for contract award, the Contractor must agree to cooperate with WSCA- NASPO and SciQuest (and any authorized agent or successor entity to SciQuest)with uploading a hosted catalog or integrating a punchout site. The contract requirements are in section 7. Avaya Response: Understood. August 30, 2013 ©2013 Avaya Inc. Page C - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 852 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications Section 4: Data Communications Provider Qualifications 4.1 General Information: Provide any pertinent general information about the depth and breadth of the Offeror's product and service offerings and their overall use and acceptance in the Data Communications marketplace. Avaya Response: Avaya has a rich heritage in the Data Networking space, dating back to the mid 1980's (Welfleet and Synoptics), and is responsible for many industry firsts and pioneering technological advancements critical in the evolution to support converged infrastructures. Providing unified communication, contact center and video solutions, Avaya understands the need and requirements of the underlying Networking infrastructure to support real time communications. Avaya offers Networking solutions across the entire solution stack, applicable to Enterprise and Carrier customers alike, and to date has shipped over 100 million data ports and over 100 million voice lines globally. The Avaya networking portfolio encompasses Ethernet Switching, Wireless LAN, Unified Branch Office and Access Control solutions as well as a full suite of Network Management products. A range of products, within each category of the Avaya portfolio, provide flexible deployment options ranging from small or remote branch locations, campus locations and even Data Center deployments. Understanding deployments can vary in size, key features in support of real time application requirements are present in all deployment specific scenarios rather than being limited to high end products where the deployment size may not warrant the additional expense. Several Key Networking Product Highlights: • Pioneered true stacking technology in the mid 1990's • Pioneered Ethernet Switch Clustering in 2001 — Providing Active/Active core switching (no Spanning Tree) • First to provide 10/100/1000 stackable switches • First to break through the Terabit stacking boundary • First to offer multi-Terabit stacking for data center top of rack/row to row deployments • Invented and co-authored Shortest Path Bridging — IEEE/IETF standard for Ethernet Network Fabrics Much of our response to section 5.2 references alternative designs available that leverages the new IEEE/IETF Ethernet standard (802.1 aq/RFC6329) for network virtualization referenced in the last bullet above. While being respectful of the State of Utah and the WSCA-NASPO Participating States request for brevity, we have provided detail within the response to highlight the significant impact the newer standard offers the industry as a whole, since it's a departure from traditional designs. Avaya has been at the forefront of the development of the standard since 2002 and can be witnessed in both product breadth as well as adoption in the marketplace globally. The implementation of Avaya Shortest Path Bridging is referred to as Fabric Connect and can also be referenced in the Avaya Virtual Enterprise Network Architecture. Avaya ric Connect — In Brief The Avaya solution utilizes IEEE 802.1 aq Shortest Path Bridging as the basis of its Network Fabric. This Virtual Services Fabric establishes a highly scalable, highly resilient, multi path Ethernet based network that maximizes use of all available bandwidth and simplifies the provisioning of the logical network by August 30, 2013 ©2013 Avaya Inc. Page 7 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 853 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications decoupling it from the physical infrastructure. Administrators can now enjoy only light touch provisioning at the edge of the network fabric where the application meets the network. As an end-to-end protocol, not solely targeted at data centers, it offers a unique single protocol approach vastly reducing the overall complexity we face today. All the provisioning points in between are automatically and instantly provisioned through a dynamic link state protocol. The result is a more dynamic network infrastructure that enables new applications to be deployed faster and easier and is more easily synchronized to the dynamic server environment. Avaya offers significant value adds with its Virtual Enterprise Network Architecture Virtual Services fabric including robust Level 2 and Level 3 service support and the ability to support dual-homing into the Fabric edge for resilient end-to-end networking. While the ultimate focus of the RFP award is obviously limited to North America, it's important to highlight that the local availability of Avaya software, systems, service, and people is one of the primary reasons multinational corporations choose Avaya for their global communications and networking needs. Avaya has a business presence in 58 countries around the world,with customers in over 125 countries. Through direct teams, channel partners, system integrators, and service providers, Avaya can be found virtually worldwide. Avaya has a global reach that includes: • Personnel in 58 countries • Over 8,500 international associates • 3,400 Research and Development associates worldwide • 28 Global Support Services Centers • 18 Avaya Learning Center Training Locations • 16 Executive Briefing Centers • A worldwide network of more than 10,000 Developer Connect and Global Alliance Partners, Distributors, and System Integrators • 246 globally deployed services parts stocking locations Global Support Services Centers Avaya has 28 Global Support Services Centers to provide network operations, proactive maintenance, technical support, and repair services, and to extend Avaya EXPERTS"' Systems Diagnostic Tools around the world. The Avaya Global Support Services customer support model provides continuous around the clock support worldwide in a four-shift strategy: • Monitoring, intervention, and priority management 24 x 7 x 365 • All X-action types from all platforms (calls, alarms, network operations centers, parts, and technicians) • By customer, segment, channel, shift, severity, and service level objectives • A full complement of backbone engineers to address cases across the portfolio Avaya Global Support Services Centers provide best-in-class remote monitoring, diagnostics, and trouble resolution: United States August 30, 2013 ©2013 Avaya Inc. Page 8 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 854 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications • Redmond, Washington • Denver, Colorado • Chelmsford, Massachusetts • Milpitas, California • Dallas, Texas • St. Petersburg, Florida Avaya ri Center Training Locations Avaya Learning develops and delivers industry leading training for Avaya products and solutions. It specifically focuses on product launches, sales force, and channel enablement. This includes solution and executive selling, certification, and skills development. A blended learning approach offers a combination of self-paced, virtual interactive, and classroom learning environments to maximize effectiveness and decrease the time required to reach proficiency. Avaya Learning supports and maintains the Avaya Learning Center(http://www.avaya-learning.com) where both course details and information on the Avaya Professional Credential Program can be found. Avaya offers high quality online and instructor led training at one of the 18 Avaya Learning international training centers: United States • Basking Ridge, NJ • Highlands Ranch, CO • Miami, FL E7' Blue=Primary Training Locations Red=Secondary Training Locations August 30, 2013 ©2013 Avaya Inc. Page 9 Avaya Proprietary and Confidential Information 9/11/2013 12:07 PM BidSync Page 855 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications Executive Briefing Centers The Avaya Executive Briefing Centers allow customers to view, discuss, and experience Avaya solutions in a live, production environment. Avaya has 16 Executive Briefing Centers worldwide: United States • Basking Ridge, NJ • Coppell, TX • Denver, CO • Fairfax, VA • Lisle, IL • New York, NY • Santa Clara, CA Global Services Parts Stocking Locations Avaya has 142 Global Services parts stocking locations in the United States. 4.2 Warranty Specify the Offeror's standard warranty offerings for the products and services proposed in the response to this RFP. Avaya Response: Please see RFP Section 7.2.5 and the WSCA-NASPO Master Agreement Terms and Conditions Section 30 for the Avaya requested exceptions. As stated above, Avaya's warranty offerings are provided in its response to Section 30 of the WSCA- NASPO Master Agreement Terms and Conditions, however, since warranty does not include any type of proactive monitoring and/or alarm resolutions, Avaya recommends customers also purchase a Maintenance Services agreement or Avaya Operation Services (Managed Services) agreement, to be in effect immediately after implementation. 4.3 Website Award contractors are required to establish and maintain a website applicable to the WSCA/NASPO contract which will allow Participating States to see applicable contract price list, discounts on said price list, approved resellers or partners for their state and any additional information that may be required to assist the participating states in obtaining information concerning the contract award. The State of Utah representing WSCA/NASPO reserves the right to require the award contractor to add additional items to assist in this process. Specify Websites used by the Offeror to facilitate customer ordering under awarded contracts. This is a mandatory requirement. Avaya Response: Avaya has an existing website for federal and state contracts. Upon award, Avaya will post the WSCA- NASPO contract to the Avaya site hftp://www.avaya.com/usa/industry/state- nd-local- government/?view=procurement August 30, 2013 ©2013 Avaya Inc. Page 10 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 856 of x7212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications 4.4 Customer Service Specify the Offeror's standard customer service policies and detail the escalation process used to handle customer-generated issues. Avaya Response: Today's rapidly changing business environment combined with the unprecedented pace of communications technology innovation is putting companies between a rock and a hard place. IT departments are facing a wide range of challenges such as growing complexity and decreasing resources that are preventing them from performing at their best and making it increasingly difficult for businesses to remain competitive in an uncompromising marketplace. Special skills and tools are required to effectively support and manage existing environments as well as new technologies. Avaya Support Services offers a structure that has been developed specifically to meet the needs of Avaya communications system customers. Avaya has more than 5,800 technical associates have thousands of industry certifications that are located across the globe that have the skill and know how to assist in complex integration and troubleshooting cases. Avaya provides all support coverage customers with remote monitoring, diagnostics, testing, and resolution through Avaya Support Services centers, which are staffed 24 hours a day, 7 days a week, 365 days a year, including holidays. Major alarms and issues continue to be worked with the Support Services proactive tools and follow the sun philosophy. Reports and alarms are tracked through the technical service center Service Desk for real time updates and customer status. Avaya is constantly looking for ways to improve the speed and accuracy of response for our customers. As part of this ongoing support, a team of developers has integrated several powerful technologies into the Avaya EXPERT Systemssm Diagnostic Tools, a patented set of tools that uses artificial intelligence for trouble detection, diagnosis, and repair around the clock. This leading edge technology is unique to Avaya and is incorporated into the overall Avaya strategy for providing service, which is focused on maintaining the highest availability and reliability levels of Avaya solutions. EXPERT Systems are able to test and clear about 99% of Avaya system generated alarms remotely. Avaya can detect even small departures from prescribed performance parameters, and begin to respond immediately to alarms issued by the self diagnostic capabilities built into the Avaya communications systems. The premier remote Support Services technical service centers are comprised of Service Desk, Emergency Recovery services, and Backbone teams including tiers of experienced and trained personnel. Team members are located in four primary contact centers globally, several locations in North America, and in numerous centers internationally. In addition, Avaya Support Services team members have immediate access when necessary to Tier 4, the Avaya Labs Research and Development teams, which develop and enhance our award winning products. Solution focused service delivery team members are readily available to provide our customers with the highest levels of remote technical service support. Avaya resource algorithms are constantly adjusted to meet our customer's service requirements to provide timely resolution to issues. Avaya Onsite Field Services has overall responsibility for customer location work activities in North America, and consists of highly trained Customer System Engineers, Regional Solution Engineers, and their management team. The Support Services Field Services team coordinates, supports, and performs the onsite functions necessary for all Avaya provided installations and maintenance. Onsite Field Services is further supported by the Avaya Support Services remote technical service centers. These Support Services centers are staffed by technical associates, including technicians, engineers, helpline personnel, and managers who provide support for Avaya Communications Systems, IP Telephony, Unified Communications, Contact Centers, Call Management Systems, Voice Response Systems, Mobility solutions, Small and Medium Business Solutions, and Video Solutions. Avaya Support Services provides support directly to Avaya customers. By calling the designated telephone number(toll- free) or via the Avaya support website, you can consult with some of the best technical product specialists August 30, 2013 ©2013 Avaya Inc. Page 11 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 857 of x7232 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications at Avaya. Working quickly and effectively, these experts can handle all types of service problems and provide critical support remotely. The Global Support Services Management Escalation Activity process provides a means to engage our management team to help manage your open service request issue with the appropriate technical resources and the proper sense of urgency. What to expect when a Management Escalation Activity is created on your open Service Request: • The Management Escalation Activity will be assigned to your Service Request owner's Manager, or backup Manager(s) if unavailable. • The assigned Manager will contact the Management Escalation Activity requestor. Our objective is to respond within 30 minutes or less to address the issue To create the Management Escalation Activity on the web at .sup ort. v y .co : • Access the open Service Request from Check Case Status/My Reports under the Self Service option • Under Updates, Select Add • From the drop down menu labeled: What type of update? select Management Escalation • Complete the fields labeled Circumstances initiating escalation and Business Impact • Update contact information if appropriate and select SUBMIT • The Management Escalation Activity will be assigned to the Service Request owner's Manager, or backup Manager(s) if unavailable • The assigned Manager will contact the Management Escalation Activity requestor within the designated time period (minimum 30 minutes) to address the issue To create the Management Escalation Activity by calling your normal maintenance support number: • Input the open Service Request number when prompted by the automated system to be routed to the current owner of the Service Request • The Service Request owner will attempt to address your concern; if the Service Request owner is unavailable he/she will provide instructions in their voice mail greeting on how to reach another Global Support Services associate who can assist you 4.5 Firm a. Provide a brief history of your firm including the following: 1. Number of years providing Data Communications Services being offered in response to this RFP. Avaya Response: Avaya pioneered Switch Clustering and brought to market this technology over 12 years ago (US Patent number 7,173,934, 7,719,958 B1, 7,463,579). This technology virtualizes a switch cluster and offers sub 20 millisecond recoveries from common failures with the ability to utilize all available links. What makes our implementation different from competitive implementations is our ability to support this not only on our high end core Ethernet products but across the Ethernet portfolio. This allows customers to cost effectively deploy resilient solutions for small, medium, and large network sizes. August 30, 2013 ©2013 Avaya Inc. Page 12 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 858 of a7332 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications The other important differentiator is that high availability is not limited to only the Switching network but to the total network. This extends to attached Servers, Appliances, and WAN Routers, any device that supports Link Aggregation. And finally it offers user pre-session load sharing on all uplinks from the access switches to the core automatically without any additional hardware, software, or configuration required. 2. Number of separate services provided in each of the area categories described in this RFP. Avaya esponse: Avaya is providing the following services for each of the proposed categories: • Avaya maintenance service • Avaya Professional Services installation services • Avaya Operations Services managed service offerings b. Describe specifically what makes your firm a stable long term partner for WSCA-NASPO. Avaya esponse: Avaya remains robust with strong revenue, profitable expansion, positive cash flow, and positive market sentiment. In FY2012, Avaya generated $5.2 billion in revenue. Additional financial data is available at http://investors.avaya.com. While many competitors are inwardly focused as they redefine themselves due to financial difficulties, Avaya is profitable and remains focused on meeting our customers' business communications needs. This financial health allows us to continue to invest in the future through research and development via Avaya Labs, strategic acquisitions, and a seasoned management team. We continue to add opportunities in high-growth regions such as Asia-Pacific and Central and Latin America, while enhancing leadership in key US and European markets. Acquiring Nortel Enterprise Solutions dramatically strengthened Avaya's leadership position in business communications and together the combined company boasts some 1.5 million customers with 100 million lines and 10,000 channel partners around the globe. In contrast to some competitors, Avaya has never had to seek bankruptcy protection. C. Describe specifically what information the Data Communications Provider contract administrator would provide at annual meetings with an entity that has executed a participating addendum. Avaya esponse: The Contract Administrator will provide an overview of the usage reports, review any product changes, price list updates as well as any updates to the website, if applicable The Contract Administrator will collaborate with the Participating Entities to understand the preferred format and content of the meeting and adjust the content to meet the requirements of the entity. August 30, 2013 ©2013 Avaya Inc. Page 13 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 859 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications d. Describe how you plan to implement the contract including having a single point of contact to perform and manage all aspects of this contract. Avaya esponse: Avaya will assign a primary Contract Administrator as the single point of contact to manage all aspects of the contract. The Contract Administrator will have a team of resources that will perform the functions required to deliver the administration and eCommerce requirements of the WSCA-NASPO contract and applicable Participating Addendums. e. Describe in detail your firm's escalation management plan including contact information. Avaya esponse: The State of Utah and the WSCA-NASPO Participating States first line of contact for any escalation issues is Teresa Just, she can be reached at: 801-975-5707. If other necessary escalations are required; then Michael Lopez would be contacted, he can be reached at: 480-446-5706. 4.6 Authorized Sub Contractor Relationships Respondents may propose the use of Servicing Subcontractors or partners however, the Contractor shall remain solely responsible for the performance under the terms and conditions of the Contract if Servicing Subcontractors are utilized. This includes sales report information. The Contractor will be responsible to collect, and report this information from all partners or resellers representing your contract. Avaya esponse: Please see RFP Section 7.2.8 and the WSCA-NASPO Master Agreement Terms and Conditions Section 3 for the Avaya requested exceptions. Upon award of Bid Avaya will identify subcontractors/fulfillment partners in the applicable Participating Entity-Addendum with each State, as each State is added to the WSCA-NASPO agreement. a. Briefly describe what your firm requires from potential contractors to become an "Authorized Data Communications Reseller". Provide an Authorized Contractor List. Avaya esponse: Companies interested in selling Avaya products and services must first fill out an application and agree to the Avaya terms and conditions. During the application/evaluation process Avaya performs D&B on their financial positions, confirms they have a valid business license and meets with them to evaluate their business operations. Prospective Partners must ccomplete the Authorization Requirements for Sales and Design through Avaya Connect. The requirements and authorization policies create a purposeful barrier to entry so that only committed, competent, partners can sell our solutions. New partners have up to 180 days to complete the credentials that satisfy the minimum competency requirements: • 1. Minimum Sales Credentials — Employ at least two Avaya Professional Sales Specialists per solution, per country • 2. Minimum Design Credentials — Employ at least one Avaya Professional Design Specialist per solution. Additional details regarding the Avaya Professional Credentials referenced above can be found at www.avaya-learning.com August 30, 2013 ©2013 Avaya Inc. Page 14 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 860 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications The Data Expert specialization recognizes the partners that have demonstrated proficiency and expertise in the sales and service delivery of complex data networking solutions. This specialization is available globally to reward the commitment made by partners. b. Describe in detail how your firm currently measures an authorized contractors' performance. Avaya es once: There are several ways in which we measure Partners performance; one such way is our Customer Satisfaction Surveys as well as Partner Satisfaction Surveys. The Customer Satisfaction Surveys and Partner Satisfaction Surveys are provided to assist our partners in managing customer relationships and the Partners relationship with Avaya. Avaya contracts with a third party research vendor, to solicit feedback from customers who have purchased from our participating partners throughout the year and from the Partners who have done business with Avaya. Partners who wish to achieve the Avaya Connect levels of Silver, Gold or Platinum are required to produce a minimum number of customer surveys and achieve a specific satisfaction score in order to qualify for partner metal levels. Their performance is also measured by their revenue volumes. The Partners Channel Account Manager also performs Quarterly Business Reviews with their Partners to inspect all areas of their business; including Certifications are current, the viability of the business, and an overall performance review. C. Describe in detail the process for revoking a designation as a sub contractor from an authorized contractor for issues related to customer service, or other authorized contractor performance related issues. Avaya es once: Once an issue has been identified with a Partner, whether it is for customer satisfaction, gray market, service quality, or failure to maintain certifications. Avaya will review the case. Depending on severity, the partner withstanding, any previous issues, the Partner can receive anything from a written warning ranging to the extreme to being de-authorized with a 30 day notification letter telling them to stop selling Avaya products and services. d. Describe in detail how your firm will support and assist an authorized contractor in improving their performance and the corrective action process. Avaya es once: Depending on the issue, Avaya would work with on the performance concern. The Channel Account Manager supported by a team, including Channel Sales Engineers, Area Channel Leaders, and Networking Channel Account Manager's will develop a plan. The plan could to education, additional instruction, probation, or a review of all orders and certifications. Avaya supports the Partner Community and will review cases on a case by case basis depending on the issue. e. Describe in detail the process that your firm uses to track and respond to issues and concerns from both your authorized contractors and from participating entities. Avaya es once: There are several ways that concerns can be raised, they can logged complaints with the Channel Account Manager who supports the Partner, the Area Channel Leader, Executive Escalation Desk (by call or e-mail), or through Distribution. Complaints are taken very serious as Partners represent Avaya in August 30, 2013 ©2013 Avaya Inc. Page 1.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 861 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 4—Data Communications Provider Qualifications the marketplace. Complaints are logged in and tracked to completion with the Executive desk, providing a formal documented response. f. Describe in detail how your firm will track, report and verify sales from your designated Data Communication partners and authorized contractors. Avaya esponse: Most Partners order directly through Distribution, there a few occasions that Partners order directly from Avaya, but this is an exception. Distribution reports weekly to Avaya all transactions from the previous week. Reporting includes the Partner selling the material, the End Customer who is receiving the material, what was ordered, the quantity of the items ordered, the price that distribution sold the items to the Partner at, the sales date, and the invoice numbers. The reporting is done at the Distribution level. August 30, 2013 ©2013 Avaya Inc. Page 16 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 862 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Section 5: Service Offering Qualifications 5.1 General Information This section contains mandatory minimum requirements that must be met in order for your proposal to be considered for the evaluation phase of this RFP. All of the items described in this section are non-negotiable. Respondents are required to complete: Mandatory Requirements (M)All Respondents must meet the (M) requirements listed in this section, and explain how the requirement is met. A`no' response on the acceptance document or omission of the required explanation will disqualify the service from further evaluation. 5.1.1 General Business Requirements Each provider must meet the following mandatory general business requirements: 5.1.2 Terms and Conditions (M) Respondents must indicate their acceptance of the State of Utah Standard Terms and Conditions in addition to the WSCA-NASPO Terms and Conditions attached to this RFP as Attachment A and Attachment B. Any exceptions to these terms and conditions must be clearly identified in bid response and during the question and answer period on BidSync. Significant exceptions may constitute grounds for rejecting Respondent proposals. Avaya Response: Pursuant to WSCA-NASPO's response to WSCA-NASPO's response, during Question and Answer phase, to Question #31 (from the Question and Answer document), please refer to RFP Section 7.2, and Avaya requested exceptions to WSCA-NASPO Master Agreement Terms and Conditions and the State of Utah Standard Information Technology Terms and Conditions. 5.1.3 Experience (M) Respondents must be able to provide reference service contracts from a minimum of five government or commercial customers for their Data Communications Product and Services offerings. Government references are preferred. References must include environments and complexity that is similar in scope to those described within this RFP. Any proposals from Respondents that cannot meet these requirements will not be considered. The Respondent must provide specific contact information describing their reference service contracts, which may be verified. Avaya Response: Below are references with Avaya service contracts. University of Washington Roland Rivera 206-543-2276 Director, Networking Strategy and Telecommunications Salt Lake City AirportLisa Oldham 801-575-2921 Airport IT Manager Salt Lake City Airport' Alan Rohlfing 801-575-2495 Airport Telecom Manager Weber County Leonard Call IT Director Box Elder County Nathan Hammer Network and Telecom Manager Granite School District Dale Robert 385-646-4588 IT Director August 30, 2013 ©2013 Avaya Inc. Page 17 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 863 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.1.4 Financial Stability (M) The Data Communications Product and Services vendor must provide audited financial statements to the State and should meet a minimum Dun and Bradstreet (D&B) credit rating of 4A2 or better, or a recognized equivalent rating. Please provide the Respondent's D&B Number and the composite credit rating. The State reserves the right to verify this information. If a branch or wholly owned subsidiary is bidding on this RFP, please provide the D&B Number and score for the parent company that will be financially responsible for performance of the agreement. Prime contractors working on behalf of Respondents must submit financial statements that demonstrate financial stability, and adequate working capital, but do not need to meet 4A2 credit rating requirements. Avaya Response: Though Avaya is a privately held company, it nevertheless discloses its financial status on a quarterly and annual basis, with the reports filed with the SEC. This information is furnished in lieu of any requested financial, credit and/or bank references. Financial information about Avaya, including annual (audited) and quarterly reports, may be found at Avaya Investor Relations home page, which provides a link to Avaya's most recent filings with the SEC: ttp://investors. vy .co /sec/sec. sp In FY2012, Avaya generated $5.2 billion in revenue. Summary financial data for 2010-2012 is provided in the table below. Avaya Revenue Summary for 2010-2012 ME 0 Sales of Products $2,672 52% $2,976 54% $2,606 52% Services $2,499 48% $2,571 46% $2,454 48% Total Revenue $5,171 $5,547 $5,060 Research and Development $464 9.0% $461 8.0% $407 8.0% Annual (audited)financial information about Avaya is found at: http://investors.avaya.com/sec/sec.asp?type=annual. The financial statements for fiscal year ended September 30, 2012, begin on Form 10-K page 72 and shows three years worth of financial information. 5.1.5 Other General Responsibilities (M) The Respondent must provide the personnel, equipment, tools, and expertise to meet the requirements in this RFP. (M) Computer applications and Web sites must be accessible to people with disabilities, and must comply with Participating entity accessibility policies and the Americans with Disability Act. (M) Applications and content delivered through Web browsers must be accessible using current released versions of multiple browser platforms (such as Internet Explorer, Firefox, Chrome, and Safari) at minimum. Avaya Response: Understood. August 30, 2013 ©2013 Avaya Inc. Page IS - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 864 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.2 Data Communications Services — Requirements Offerors may respond to any of the sections where they have substantive product offerings that address the scope detailed in each Section from 5.2.1-5.3.0. All Offerors must include a response to section 5.31 services, that addresses products proposed in 5.2.1-5.3.0. Products may be used by the states in branch offices, main government offices and data centers, and by overall government data communications providers offering carrier class services. Responses should consider this breadth of use and users. The scope and context of this solicitation does not include endpoints such as cell/smart phones, other mobile devices or devices designed exclusively for use by individual users. It is focused on the equipment and software infrastructure required to support provisioning of a variety of network services within a modern digital network. The user context will vary from branch offices through enterprise and statewide data communication network installations. Respondents should offer a range of solutions that are appropriate for installations of varying size and complexity. 5.2.1 DATA CENTER APPLICATION SERVICES -Application networking solutions and technologies that enable the successful and secure delivery of applications within data centers to local, remote, and branch-office users using technology to accelerate, secure, and increase availability of both application traffic and computing resources. 5.2.1.1 Virtualized Load Balancers-Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include: • SSL (Secure Sockets Layer) Off-loading • Caching capabilities • Layer 4 Load Balancing • Layer 7 Load Balancing • Detailed Reporting • Supports multiple load balancers in the same system for multiple groups • Supports TLS1.2 Avaya esponse: Avaya will not be proposing Virtualized Load Balancers. 5.2.1.2 WAN Optimization -An appliance utilizing a collection of techniques for increasing data- transfer efficiencies across wide-area networks (WAN). Capabilities should include: • CIFS (Common Internet File System) acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization Avaya esponse: Avaya will not be proposing WAN Optimization. August 30, 2013 ©2013 Avaya Inc. Page 19 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 865 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.2.2 NETWORKING SOFTWARE - Software that runs on a server and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow shared file and printer access among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include: • Restartable Process • High availability options • Targeted operating systems, i.e. DC, campus, core, wan, etc. • Operating System Efficiencies Avaya es onset Avaya Unified Communications Management provides fully integrated, comprehensive management capabilities across data and voice, over both wired and wireless networks. To date, Avaya is the only vendor that can provide integrated management across these network types. Avaya Unified Communications Management offers a web-based, centralized, one-stop-shop management portal, delivering a unified view of the network that integrates workflows and helps reduce networking gear installation, configuration, and maintenance time. The applications in the Unified Communications Management portfolio simplify the network requirements associated with managing faults, installation, configuration, performance, IP Flow, Quality of Service policies, telephony, and messaging. Benefits Across the Network • Applications can intelligently communicate and share information, helping reduce data entry and potential errors while increasing workflow speed. • Centralized authentication with single sign-on helps enable easy and secure access to appropriate applications. • Support for heterogeneous network infrastructures offers an all in one management suite across the enterprise, virtually eliminating the need to run multiple management tools from different vendors. • Easy to use templates and wizards can simplify the setup of new and unfamiliar technologies across network devices. • Web-based applications allow network management from anywhere, facilitating outsourcing to lower cost centers. • Common look and feel across applications can decrease the learning curve for IT personnel and save on training costs. • Application co-residency allows hosting of management applications on a single server, helping to significantly save on capital expenses. • Avaya Unified Management accommodates multiple network management applications on a single server. 5.2.2.1 Network Management and Automation - Software products and solutions for data center automation, cloud computing, and IT systems management. Avaya es onset Avaya Virtualization Provisioning Service is a network management application that synchronizes Avaya Ethernet switch provisioning with an enterprises VMware virtual server environment. It can streamline data center operations by synchronizing and automating network and virtual server configuration August 30, 2013 ©2013 Avaya Inc. Page 20 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 866 of x7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications processes. The solution increases IT efficiency, reduces time to service, and enables consistent application performance in a highly dynamic, virtualized data center environment. Server virtualization is already well adopted. The next step for many enterprises is mobilization of Virtual Machines, where Virtual Machines migrate from server to server, from corporate data center to data center, and from private to public clouds. These moves can be triggered by maintenance schedules, failures in the underlying server, exceeding server performance thresholds, or for disaster avoidance, such as a hurricane forecast. Avaya Virtualization Provisioning Service can deliver the following benefits: • Increase IT efficiency — Streamline data center provisioning processes, enabling freedom from error and delay — Synchronize network to changes made in the virtualized server environment to automate application mobility — Resolve network issues faster through an end to end view of the virtualized network, spanning applications, servers, and network devices • Reduce time to service for deploying new applications — When deployed within and between data centers, it works with Avaya Fabric Connect- Virtual Services Fabric to limit network provisioning to the edge — Automates edge provisioning based on changes to the application and server environment • Deliver consistent application performance in a highly dynamic, virtualized environment — Alleviates connectivity and performance issues — Allows network devices to be appropriately } provisioned before Virtual Machines are activated or moved Overall Architectural Response: Providing support of data center automation and cloud computing support, Avaya Fabric Connect technology creates the ability to provide an end to end network architecture that enables enterprises to build a cloud-grade network designed for real time applications. While not a piece of software, rather an enabling technology inherent within the Ethernet products proposed in the RFP response, it's important to highlight as it offers the ability for easily creating private or hybrid clouds while reducing overall network management. Utilizing standards based Network Virtualization capabilities offered by the Avaya Fabric Connect technology, eases overall IT network administration and enables computer, storage and hypervisor solutions to better utilize their own automation controls. Virtualizing the network can for instance allow disparate computer farms or storage to believe they are racks apart on the same Layer 2 segment when in actuality can be in completely different data centers. Through a suite of new and emerging virtualization techniques, based on standards based methods, enterprises can eliminate complex and inefficient legacy protocols, create a more reliable, secure and dynamic network infrastructure, and allow IT departments to be more responsive to business needs while driving down operating costs. With Avaya Fabric Connect technology, the following key features are gained: • Build a private cloud so that applications are accessible from anywhere, at any time, from any device. August 30, 2013 ©2013 Avaya Inc. Page 21 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 867 of x7332 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Exponentially reduce time to service. • Improve network availability by eliminating redesigns and reconfigurations within the critical network core. • Enable IT to be more efficient by alleviating many of the manual, time consuming tasks that must be done in today's network environments. • Have a more agile network that is easy to make changes to and roll out new services on. • Simplify the network by eliminating complex legacy protocols. • Drive down costs. 5.2.2.2 Data Center Management and Automation - Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. Avaya es once: Avaya Virtualization Provisioning Service is a network management application that synchronizes Avaya Ethernet switch provisioning with an enterprise's VMware virtual server environment. It can streamline data center operations by synchronizing and automating network and virtual server configuration processes. The solution increases IT efficiency, reduces time to service, and enables consistent application performance in a highly dynamic,virtualized data center environment. Server virtualization is already well adopted. The next step for many enterprises is mobilization of Virtual Machines, where Virtual Machines migrate from server-to-server, from corporate data center to data center, and from private to public clouds. These moves can be triggered by maintenance schedules, failures in the underlying server, exceeding server performance thresholds or for disaster avoidance, such as a hurricane forecast. We can deliver the following benefits: • Increase IT efficiency — Streamline data center provisioning processes, enabling freedom from error and delay — Synchronize network to changes made in the virtualized server environment to automate application mobility — Resolve network issues faster through an end to end view of the virtualized network, spanning applications, servers, and network devices • Reduce time to service for deploying new applications — When deployed within and between data centers, it works with Avaya Fabric Connect— Virtual Services Fabric to limit network provisioning to the edge — Automates edge provisioning based on changes to the application and server environment • Deliver consistent application performance in a highly dynamic, virtualized environment — Alleviates connectivity and performance issues — Allows network devices to be appropriately provisioned before Virtual Machines are activated or moved Avaya Configuration and Orchestration Manager is a real time, web based, multiuser network configuration management solution. It offers configuration, provisioning, and troubleshooting for a wide range of technologies. Designed to support multiple users across an entire enterprise network, it is ideal August 30, 2013 ©2013 Avaya Inc. Page 22 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 868 of a7432 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications for companies that want a cost effective, easy to use and manage solution. It simplifies configuration and provisioning so valuable IT resources can focus on other important activities such as running the network. In essence, the Configuration and Orchestration Manager helps organizations save resources and time. Specifically, it improves installation time related to getting Avaya Ethernet switches up and running on the network. Whereas it can take several hours using Element Managers or device CLIs to install 20 switches, Configuration and Orchestration Manager can complete the install within 20 minutes, over five times faster. It also offers configuration times of over three times faster while also decreasing the potential for errors associated with manual configuration.Whereas using Java Device Manager and CLI can take up to several hours, with Multi-Link Trunking wizards and templates, Configuration and Orchestration Manager can configure and automate a two device cluster in a couple of minutes. We can deliver the following benefits: • Saves time and operational costs. • Protects your network from unauthorized changes, facilitates faster configuration and changes to the network, and reduces the potential for network downtime. • Simplified, intuitive wizards and easy to use templates enable easy and cost effective installation and maintenance. • Device element management accelerates processes, saves money, and frees up valuable IT resources. • Audits logs for change audits, root cause analysis, and compliance. • Centralized and simplified configuration management platform delivering secured, user authenticated and audit trailed configuration, and change management. • Manage security updates giving network managers automated tools allowing password changes to be updated regularly and community strings to be properly configured. • Automate routine backups enabling comprehensive disaster recovery plans that include regular device backups, improving staff efficiency. • Increase reliability by automating configuration tasks from proven device configurations reduces the probability of network outages attributable to user error. • Reduces change management and software update execution times. 5.2.2.3 Cloud Portal and Automation - Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources. Avaya es onset Avaya will not be proposing Cloud Portal and Automation. 5.2.2.4 Branch Office Management and Automation - Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, WAN performance monitoring. Avaya es onset Services Level Agreement Monitoring (future offering) functionality is being incorporated across the Networking portfolio today, and this translates into the ability to monitor and report, link by link, device by device on the levels of service that users will be experiencing. Service Level Agreement Monitoring is being added to Avaya devices as new software releases are being released and a significant amount of products currently have the Service Level Agreement Monitoring agent included already. August 30, 2013 ©2013 Avaya Inc. Page 23 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 869 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Highlights of the offering and benefits: • Shows network locations on world map • Displays individual site performance as well as the relational performance among sites • Tests the connections forjitter, delay and loss for audio, data, and video • Proactively find service impacting conditions that can be resolved to improve the network performance • Real time traffic simulation proactively verifies application behavior • End to end issues and root causes easily identified without affecting end users • Low overhead, low cost solution • Embedded agents in Avaya devices eliminate need for expensive probes • Proactively find service impacting conditions that can be resolved to improve the network performance • Provides network quality statistics through various metrics, Jitter, MOS scores, delay, duplicate packets, DSCP marking, and proper queuing throughout the network • Traces DSCP end to end WVAYA t Cu s Y,n tM s.U'dm nl,k W kffgq ee t1 41,""o I"."k Iiatiln.i 3n NA IwH"VI s�i�:=,ev�1.n ,I. .� , • ..«+a�ri, fi, � v�� °„� ar taI�:;x ,uaan„ a++„ vow, ams *X# I Avaya Visualization Performance and Fault Manager The growing myriad of communications devices, the rising demand for anytime, anywhere connectivity and the increasing need for convergence have created new challenges to network operations. This includes how to manage the whole system from end to end. August 30, 2013 ©2013 Avaya Inc. Page 24 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 870 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya understands network management and recognizes that offering you the right networking tools can lead to positive and significant benefits for your business. For example, network applications that automate tasks and reporting can improve efficiency. Having management tools within a single unifying framework can help improve workflow, reduce training requirements, and decrease the complexity of managing a complex network, while providing you with a smooth path to unified communications. The Avaya Visualization Performance and Fault Manager can help to address the challenges and the need for convergence. Visualization Performance and Fault Manager is a Unified Communications Management ready application. It provides advanced network discovery, topology visualization, fault, and performance management. We can deliver the following benefits: • A holistic end to end view of the network (WAN, Remote offices) which improves the quality and reduces the time required to manage today's complex networks. • Standards based management enables quicker access to any new device being added to the network and the instrumentation it provides. • Centralized management versus proprietary domain management reduces the number of applications used to manage the network. It also reduces the data being presented thus providing an easier management experience. IP Flow Manager is a unique network management software tool that enables administrators to monitor, view, and diagnose problems at the application level and then use this flow based data to make informed decisions about the network. The IP Flow Manager works in conjunction with Avaya Ethernet Switch portfolio. The complexity of today's enterprise networks, type of application traffic carried, and the growing demand for strict adherence to Service Level Agreement for latency have placed considerable burden on administrators. These networks have evolved into a newer paradigm where it is seen more as a service, that is resilient to failures and scalable as the demand for bandwidth and resource sharing grows. We recognize it is imperative that administrators are equipped with tools that not only provide detailed visibility of their network but also an expanded view of application behavior and performance. Avaya IP Flow Manager addresses the need to provide tools that effectively monitor, analyze, and report application behaviors, and their bandwidth utilization trends. IP Flow Manager is a Unified Communications Management ready application that is fully web-based and uses the standard IP Flow technology. Delivering deeper analysis using packet capture, trending, and threshold alert notification, this tool permits administrators to monitor, view, and diagnose problems at the application level. We can deliver the following benefits: • A holistic end to end view of IP Flows providing a realistic assessment of network bandwidth utilization and application behavior over a period of time • Standards based management supporting both IPFIX, NetFlow v5 and v9 and thereby making it an excellent tool to do flow capture and analysis in a multivendor network deployment • Packet capture and analysis facilitates deeper diagnosis of network problems • IP Flow Manager allows users to monitor voice traffic for planning purposes and supports protocols such as RTP, SIP, and unified stimulus 5.2.3 NETWORK OPTIMIZATION AND ACCELERATION - Devices and tools for increasing data-transfer efficiencies across wide-area networks. Avaya Response: Avaya will not be proposing Network Optimization and Acceleration. August 30, 2013 ©2013 Avaya Inc. Page 2.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 871 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.2.3.1 Dynamic Load Balancing -An appliance that performs a series of checks and calculations to determine which server can best service each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole. Avaya esponse: Avaya will not be proposing Dynamic Load Balancing. 5.2.3.2 WAN Acceleration -Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include: • CIFS acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization Avaya esponse: Avaya will not be proposing WAN Acceleration. 5.2.3.3 High Availability and Redundancy- Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster. Avaya esponse: Avaya will not be proposing High Availability and Redundancy. 5.2.4 OPTICAL NETWORKING - High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services. Avaya esponse: Avaya will not be proposing Optical Networking. 5.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches- Switches used in systems designed for long haul and ultra long-haul optical networking applications. Avaya esponse: Avaya will not be proposing Core Dense Wavelength Division Multiplexing Switches. 5.2.4.2 Edge Optical Switches- Provide entry points into the enterprise or service provider core networks. Avaya esponse: Per answers to the questions submitted as part of the bid process, regarding the accepted inclusion of Course Wave Division Multiplexing offerings, Avaya is including the following response: August 30, 2013 ©2013 Avaya Inc. Page 26 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 872 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications While NOT proposed as photonic switching platforms, all proposed Ethernet switching devices in section 5.2.8 have Coarse Wave Division Multiplexing capabilities from a pure Layer 1 aspect only. This includes Ethernet Routing Switch 3000/4000/5000/8000 and Virtual Services Platform 4000, 7000, and 9000 series products. Since Wave Division Multiplexing capabilities were specifically called out in the RFP, we want to provide an understanding of Avaya flexibility in utilizing those capabilities. Dense Wavelength Division Multiplexing capabilities are currently under product certification and will be added to devices in section 5.2.8 in the coming months. Avaya does not offer traditional photonic layer switching capabilities, such as wavelength grooming, wavelength restoration or wavelength based services. However, having had a legacy in working with photonic switching platforms, Avaya does offer value add with its own Layer 2 mechanisms for link aggregating links across a photonic transport, and addressing potential photonic layer issues through layer 2 heartbeat information provided by Avaya Virtual Link Aggregation Control Protocol. Virtual Link Aggregation Control Protocol extends the capabilities of the IEEE LACP standard (802.1 ad) by utilizing hello packets as a method to create "logically connected pairs" versus LACPs requirement for physically connected pairs. The use of Virtual Link Aggregation Control Protocol allows for LAG groups to be formed over intermediate systems, such as optical switches connecting different sites. Avaya Virtual Link Aggregation Control Protocol is supported across all proposed Avaya Ethernet Switches. The use of Course Wave Division Multiplexing optics in the Avaya Ethernet portfolio provides a mechanism to address fiber exhaust issues in order to obtain a more ideal topological design, leverage wavelength isolation over a pair of fiber or address other customer specific challenges. The Course Wave Division Multiplexing offerings include 1 Gig and 10Gig optic choices, up to 8 x separate wavelength choices and 40km or 70km distance choices. Up to 8 x wavelengths can be shared over a given pair of fiber. In addition to the choices in wavelengths and maximum distance for each Course Wave Division Multiplexing optic type (40km/70km), there are also choices in the optical add/drop multiplexors available for splitting/combining wavelengths to meet specific site requirements. 5.2.4.3 Optical Network Management- Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation. Avaya es once: Avaya will not be proposing Optical Network Management. 5.2.4.4 IP over DWDM (IPoDWDM) -A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). Avaya es once: Avaya will not be proposing IP over DWDM. August 30, 2013 ©2013 Avaya Inc. Page 27 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 873 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.2.5 ROUTERS -A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 5.2.5.1 Branch Routers-A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc. Avaya esponse: Avaya is proposing both its Secure Router and Virtual Services Platform for Service Aggregation requirements. The Avaya Secure Router 2330 and 4134 delivers on its modular design supporting a range of advanced network services including: IPv4/IPv6 routing, high performance WAN, high density Ethernet switching, Power over Ethernet (Secure Router 4134), VoIP and security, in a single integrated chassis. The Secure Routers are applicable not only for enterprise branch deployments, but can scale to meet the needs of headquarters routing needs. Its highly modular design can handle a range of low density and high density LAN and WAN modules, as well as future voice modules. The Avaya Secure Router 2330 is a modular, multiservice branch router that combines routing, voice gateway, wide area networking, and security services in a single cost effective platform. With integrated PSTN gateway and survivable voice, it also delivers a resilient voice option for branch and remote sites, in addition to its traditional IP data routing services. The Secure Router 2330 delivers the following benefits: • SIP based voice gateway and survivability feature allowing ongoing phone services even when remote connectivity to the voice call server is lost. • SIP compatibility with Avaya call servers and phones and compatible with third party call servers, such as Broadsoft. • Modular design, the Secure Router 2330 chassis has three module slots to support a range of options. Slots support both data and voice PSTN modules. The chassis also includes four Gigabit Ethernet and four Fast Ethernet ports for high speed LAN connectivity. • Integrated security, powerful, fully integrated security including IPsec VPN and stateful packet firewall. Embedded VPN hardware acceleration provides high speed IPsec encryption for as many as 100 VPN tunnels. The stateful packet firewall includes SIP, H.323 and complete application layer gateway support. • Voice media gateway services, the Secure Router 2330 can provide connectivity to the PSTN or other telephony devices as a voice gateway device. A range of voice interfaces, including T1/E1 PRI, ISDN BRI, FXS, and FXO allow flexible telephony connections. • Highly resilient solution, Secure Router 2330 offers built in redundancy through hot swappable WAN and voice gateway modules, redundant power, VRRP failover and WAN link failure protection. • Multiservice platform integrates multiple networking functions, including routing, WAN, LAN, security, and voice gateway services into a single device. • Robust IP routing services include a full IPv4 and IPv6 protocol set, as well as BGP-4, and multicast capabilities. • Flexible WAN connectivity: T1/E1, Serial, ISDN BRI, ADSL2+, and PRI WAN options allow connection over a variety of public and private WAN environments. August 30, 2013 ©2013 Avaya Inc. Page 28 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 874 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • WAN multilink services, Multilink PPP and frame relay WAN capabilities (MLPPP and FRF.15/16) allow bonding of multiple T1/El or other WAN links into a single virtual interface. • Level 2 MPLS services: Secure Router 2330 can be deployed as a Label Edge Routing device with support for LDP, RSVP-TE, OSPF-TE, MPLS Fast Reroute, and Pseudowire capabilities. The Avaya Secure Router 4134 delivers on the promise of the multi-services router. Its modular design supports a range of advanced network services, including IPv4 and IPv6 routing, high performance WAN, high density Ethernet switching, PoE, VPN, BGP4, OSPF, MPLS, VoIP, and Stateful firewall security, in a single integrated chassis. These capabilities allow businesses to realize the promise of the unified branch. The Secure Router 4134 can address the routing and connectivity needs of large enterprises as well as regional or even headquarter sites. The Secure Router 4134 delivers the following benefits: • Unique device that integrates WAN technologies, Routing, Switching, VPN, Security, IP Telephony, and Unified Communication application hosting in a single cost effective platform. • Wire speed performance for toll quality VoIP and Unified Communications, with low latency and loss for small packets. • Can host either Microsoft OCS software or Avaya Software Communication System on an embedded co-processor to simplify Unified Communications deployment at the branch. • Extends convergence and Unified Communications applications to the branch office with performance, quality of experience, and better manageability than competing solutions. • Integrated security, powerful, fully integrated security including IPsec VPN and stateful packet firewall. Embedded VPN hardware acceleration provides high speed IPsec encryption for as many as 1000 VPN tunnels. stateful packet firewall includes SIP, H.323, and complete application layer gateway support. • The Avaya Secure Router 4134 supports a wide range of LAN, WAN, voice gateway, and application options for converged branch and remote sites. WAN connectivity options include T1/E1, serial, ISDN, ADSL2+, channelized DS3/T3, and HSSI. • Hot swappable modules, redundant power and port/platform resilience features deliver maximum reliability and resiliency. Survivable voice services allow continued voice calling when the primary IP connection is lost. • WAN multilink services: Multilink PPP and frame relay WAN capabilities (MLPPP and FRF.15/16) allow bonding of multiple T1/El or other WAN links into a single virtual interface. • Level 2 MPLS services: Secure Router 4134 can be deployed as a Label Edge Routing device with support for LDP, RSVP-TE, OSPF-TE, MPLS Fast Reroute, and Pseudowire capabilities. Avaya Virtual Services Platform 4000 is the industry's first fabric enabled multiservice and multi-tenant edge device. It delivers fabric technology on a low cost Gigabit Ethernet and 10 Gigabit Ethernet access device that can be used to extend the reach of the fabric to branch locations while also providing local device connectivity in a single platform. Equipped with full multiservice functionality, a carrier grade operating system, PoE+ support, and AC and DC power options, it is a key component of the Avaya vision of extending the Avaya Fabric Connect technology across the entire network. Avaya Fabric Connect combines decades of experience with Ethernet and Intermediate System to Intermediate System to deliver a next generation technology that combines the best of Ethernet with the best of IP. Avaya Fabric Connect creates a multipath Ethernet network that leverages Intermediate System to Intermediate System routing to build a topology between nodes dynamically. Traffic always takes the shortest path from source to destination, increasing performance and efficiency August 30, 2013 ©2013 Avaya Inc. Page 29 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 875 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications The benefits of Avaya Fabric Connect to provide network virtualization to a customer are: • Simple: Enabled via a single protocol as opposed to complex protocol overlays • Scalable: Supports 16 million services • Resilient: Sub-second failover times as opposed to seconds or minutes • Agility and ease of deployment: Services can be configured whenever and wherever required with moves, adds, and deletes supported on the fly with simple command configuration at Fabric end points as opposed to complex hop by hop network wide configuration • Efficient: Traffic always takes shortest path through the network with no blocked links as with STP • A standards based fabric technology based on enhanced IEEE 802.1 aq Shortest Path Bridging and IETF 6329 5.2.5.2 Network Edge Routers-A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks. AvayaResponse: Avaya is proposing both its Secure Router 4134 and Virtual Services Platform 4000 for Service Aggregation requirements. Please see response to 5.2.5.1 for details. 5.2.5.3 Core Routers-High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS). AvayaResponse: Avaya Ethernet Routing Switch 8000 and Virtual Services Platform 9000 are proposed for high performance Core Routing deployments where high speed and low latency is required. Leveraging carrier grade performance aspects of both offerings, the proposed solution also leverages Avaya Fabric Connect for network virtualization. Fabric Connect decouples the physical infrastructure from the connectivity services making the network more adaptive and dynamic with simple one touch provisioning. Flexible virtual service creation is key in providing Software as a Service support used in a private or hybrid cloud deployment. The proposed Ethernet Routing Switch 8000 and Virtual Services Platform 9000 offer a simple to deploy, fast to converge, and scalable alternative to supporting traditional PIM multicast deployments. Utilizing Avaya Fabric Connect and Shortest Path Bridging, it eliminates the need for PIM and rendezvous points, rather uses IGMP at the edge and Shortest Path Bridging in the core of the network. It provides extremely fast recovery (-200ms) in the event of network failures as there is no dependency on unicast routes. Shortest Path Bridging fabric scalability includes support for tens of thousands of multicast streams. When using traditional PIM for multicast routing support, the Ethernet Routing Switch 8000 scales to 3,000 streams while the Virtual Services Platform 9000 scales to 8,000 streams. Core Router—Gig Centric with 1 OGig Capability The Avaya Ethernet Routing Switch 8000 is a chassis based offering targeted at addressing large Core Ethernet switching needs within an Enterprise. Providing 720Gbps switching performance, the Ethernet Routing Switch 8800 is available in multiple chassis options: • 10 slot featuring eight slots for interface modules August 30, 2013 ©2013 Avaya Inc. Page 30 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 876 of x7412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • 6 slot featuring four slots for interface modules • 3 slot featuring two slots for interface modules In addition, there is also the Ethernet Routing Switch 801000 Central Office 10 slot chassis, which is NEBS compliant for deployment scenarios that require a carrier class platform. The Ethernet Routing Switch 8895SF switch fabric and CPU module is the latest version and offers significant enhancements in terms of CPU performance and memory capacity; it is also 50% more energy efficient. These advances allow the Ethernet Routing Switch 8895SF to natively support both existing and emerging services and applications that place intense demands on the networking infrastructure. A range of high performance IO module options exist for the Ethernet Routing Switch 8000. These include a high density 10 Gigabit Ethernet module (12 ports per module and up to 96 ports per chassis), high density 48 port modules supporting 10/100/1000 copper or 1000BASE-X SFP connectivity (up to 384 ports per chassis), and an innovative hybrid combination module that concurrently supports 10 Gigabit Ethernet (x2), 1000BASE-X (x24), and 10/100/1000BASE-T (x8) ports. This combo module provides additional flexibility for smaller aggregation sites. The latest generation interface modules feature Avaya Route Switch Processor network processing units enabling the switch to deliver new features through firmware updates as opposed to module replacement. Network Processing Units are large scale CPU arrays specifically designed for network related functions such as efficient examination and manipulation of packet headers. The Avaya specialized high performance Network Processing Unit, the Route Switch Processor, is an in house development delivering fast path protection through its ability to support in life firmware upgrades while providing line rate switching and routing regardless of standards evolution. Avaya has been able to leverage this re-programmable capability to deliver new innovative features, such as IPv6, a flexible IP VPN suite, and the new Fabric Connect capabilities (IEEE/IETF Shortest Path Bridging), while maintaining hardware based performance levels. Equipment based on a traditional ASIC architecture is limited in that the functionality of the ASIC chipsets is set at a certain point in time and cannot easily adapt to future change. Typically this means that newer features and functionality are not supported only in hardware but require additional software processing that can adversely affect performance and increase latency until the next hardware refresh. Having pioneered Switch Clustering capabilities more than a decade ago on the Ethernet Routing Switch 8000 platform, providing Active/Active core switching, Avaya Switch Clustering offers the ability for 2 x physically separate core switches to function as a single logical switch from a Link Aggregation standpoint. This allows for devices supporting Link Aggregation capabilities (third party switches, servers, and appliances) the ability to load balance across all available links, providing 70 millisecond failover in the event of failure, and removes the reliance on Spanning Tree based protocols for path selection. The combination of processing power, utilizing Active/Active core switches, also increases the overall processing power to over a Terabit worth of forwarding performance in the core. The following are key highlights of the Ethernet Routing Switch 8000: • Innovates with Avaya Fabric Connect: Extending IEEE/IETF Shortest Path Bridging delivering Layer 2 and Layer 3 and Multicast virtualization capabilities for the Core • Traffic separation: helping to enable multi-tenant partitioning and regulatory compliance • Delivers end to end cloud architecture • Offers the industry's leading resiliency model, Avaya Switch Clustering, empowering the most demanding applications and boosting performance by forwarding Layer 2 and 3 traffic across all available links in an Active/Active approach August 30, 2013 ©2013 Avaya Inc. Page 31 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 877 of x7432 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Features field reprogrammable Network Processing Unit based interface modules that, unlike conventional ASIC-based hardware, maintain full hardware-based performance and optimization as functionality and services evolve • Enables flexible virtualized Layer 3 deployment scenarios with device and network options: VRF- Lite, Avaya IP VPN-Lite, MPLS, and IETF IP VPN • Offers high density 10 Gigabit Ethernet, very high density Gigabit and 10/100/1000 Ethernet for enterprise core and aggregation applications, delivering competitively high value, flexibility, and enhanced slot conservation with a Combo option • Switch clustering resiliency model is extended to VMware Server virtualization in an iSCSI storage area network environment • Supported by a unified management framework featuring AJAX compliant web-based common services, authentication, and audit logging, also benchmarks network traffic and identifies anomalous behavior using standards based IPFIX Core Router— 1 OGig Centric with Gig Capability and Future /1 OOGig Support The Avaya Virtual Services Platform 9000 is a next-generation Ethernet Switching solution that delivers high performance, high capacity, and high availability for mission-critical Data Centers and very large Campus Core networks. The Virtual Services Platform 9000 is built upon proven Ethernet Routing Switch 8000 software, incorporates a fully programmable network processor unit that combines both high performance traffic forwarding and the flexibility to seamlessly evolve in line with new technologies and standards, and features Avaya carrier grade operating system. The Virtual Services Platform 9000 is designed to deliver a future ready, ultra-reliable network that provides high 10 Gigabit Ethernet density plus a seamless path to future 40/1000 Ethernet, and simplified and agile virtual network infrastructures. The Virtual Service Platform 9000 is currently offered in a twelve slot switch, providing 8.4Tbps switching performance (expandable to 27Tbps), and can scale to support up to 240 ports of 10 Gigabit Ethernet (or 480 ports of Gigabit Ethernet) in a highly resilient configuration. Ten of the slots are available for interface modules, 10G, 1G, and 10/100/1000. The remaining two slots are reserved for Control Processor modules, and up to six Switch Fabric modules can be installed into the rear of the chassis. While not proposed, a ten slot variant will be released in the coming months offering eight line card slots with the same Control Processor and Switch Fabric module densities. Other form factors are being discussed. In addition, while also not included in the RFP, additional cards supporting greater densities and speed choices are planned. As a next generation platform, the Virtual Services Platform 9000 also supports the Avaya innovative suite of virtualization solutions, including Avaya Fabric Connect network virtualization offering. Leveraging experience from always-on networking capabilities added over more than a decade, the Virtual Services Platform 9000 supports Avaya Switch Clustering feature providing unmatched 20 millisecond fail-over times. With the addition of a carrier grade operating system, sets new standards for robustness with advanced diagnostic and self-healing capabilities. In short, the Virtual Services Platform 9000 establishes a best of breed solution for high performance, high-availability networking. The Virtual Services Platform 9000 is ideally suited for deployments that: • Require scalable, high density 10GbE today, and with continued growth will need to position for future 40/1000bE • Suffer from performance or latency limitations that result in poor application responsiveness • Demand carrier class resiliency at hardware and OS levels • Need to simplify network infrastructure operations in a highly virtualized environment August 30, 2013 ©2013 Avaya Inc. Page 32 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 878 of x7532 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Are required to deliver virtual services for multiple customers or user groups in a Cloud computing environment • Seek to maximize investment in server virtualization • Desire a lossless ready solution should storage convergence become their preferred option The following are key highlights of the Virtual Services Platform 9000: • An ultra reliable platform at hardware and OS levels helping to provide uninterrupted business operations • Delivers very high density 1 and 10 Gigabit Ethernet today, meeting immediate performance and reliability needs • A highly flexible platform, offering an upgradable switching engine and an adaptable architecture that scales up to 27 terabits per second • Is future ready for a seamless evolution to 40 and 100 Gigabit Ethernet • Supports a sophisticated suite for device and network virtualization capabilities; delivering versatile, end to end, Level 2 and Level 3 services • Helps to lower operating costs, by reducing management complexity and simplifying the architecture through network virtualization and programmable chipsets 5.2.5.4 Service Aggregation Routers- Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive integrated data, voice and video business and consumer services. Avaya esponse: Avaya is proposing both its Secure Router 4134 and Virtual Services Platform 4000 for Service Aggregation requirements. Please see the response to 5.2.5.1 for details. 5.2.5.5 Carrier Ethernet Routers- High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). Avaya esponse: Avaya Ethernet Routing Switch 8000 and Virtual Services Platform 9000 are proposed for high performance Core Routing deployments where high speed and low latency is required. Leveraging carrier grade performance aspects of both offerings, the proposed solution also leverages Avaya Fabric Connect for network virtualization. Fabric Connect decouples the physical infrastructure from the connectivity services making the network more adaptive and dynamic with simple one touch provisioning. Flexible virtual service creation is key when providing Software as a Service support used in a private or hybrid cloud deployment. Please see the response in 5.2.5.3 for details. August 30, 2013 ©2013 Avaya Inc. Page 33 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 879 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.2.6 SECURITY 5.2.6.1 Data Center and Virtualization Security Products and Appliances - Products designed to protect high-value data and data center resources with threat defense and policy control. Avaya esponse: Policy Control Avaya Identity Engines product family is a premier, standards based, identity aware Network Access Control suite, having won Best of Interop finalist at Interop last year. As a vendor agnostic Policy Enforcement Engine, Avaya Identity Engines portfolio integrates with any current network infrastructure to provide the central policy decisions needed to enforce roles based Network Access Control. This is accomplished by combining the best elements of a next generation RADIUS/AAA server, the deep directory integration found in application identity offerings, and one of the industry's most advanced standards based policy engines. All this is done out of band for maximum scalability and cost effectiveness. The Avaya Identity Engines portfolio provides the following key features: • Centralized AAA: Provides centralized RADIUS and TACACS+AAA services for network devices. • Highly advanced, standards-based Extensible Access Control Markup Language policy engine: Applies access policies consistently and transparently across the network. • Easy deployment model: Integrates seamlessly with existing networks and directories in a vendor agnostic approach. • Simple policy set up: Manage access policies, posture check policies, VLAN provisioning rules, user store connections, and network switch security profiles via a simple user interface. • High availability: Provides a highly available RADIUS and TACACS+ server as well as a highly available database service for Ignition policy decisions. • Powerful user identity services: The administrator determines how Ignition searches multiple user stores for user credentials, user attributes, and groups. • Dynamic session provisioning: Assigns each user to an appropriate VLAN, based on the attributes of the user or the context of the login. • Rich support for non-802.1X devices: Industry leading MAC address authentication features to handle non-802.1X devices such as medical equipment and printers. • Guest management: Securely supports guest and temporary users. • User monitoring: Monitors users' network sessions in real time, keyed to identity. • Reporting: Automatically generates and distributes network usage and authentication reports. • TACACS+: Can be deployed to authorize and log all administrator actions on switches and devices that support TACACS+ authorization. • Automation of Windows: based 802.1x supplicant provisioning, for either temporary or permanent use, through a dissolvable client. • Captive Portal functionality: for wired or wireless users, where client 802.1x controls may not have been provisioned or are not warranted, providing controlled access to Network resources while establishing a unique fingerprint for each device. Combined with automation of 802.1x supplicant provisioning and Guest Management, establishes a foundation for BYOD initiatives. August 30, 2013 ©2013 Avaya Inc. Page 34 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 880 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Identity Engines s: Identity Engines Ignition Server The Ignition Server is an easy to deploy identity and context aware policy engine that uses RADIUS and/or TACACS+to connect with the existing network infrastructure and LDAP, Kerberos, NTLM, and RADIUS to connect with the identity and directory systems. It provides a central policy decision point for controlling access to the network and lets network administrators apply policies that evaluate user account details, switch details, and/or any RADIUS/TACACS+ attribute to determine network access. The Ignition Server streamlines access management, improves security, and satisfies reporting requirements. The Ignition Server is a virtual appliance that can be deployed on a standalone x86 computer platform or as a VMware OVF file. The Ignition Server also comes in different sizes depending on the number of authenticators required. The Avaya licensing model is unique in that it is not based on concurrent client connections, which is unlimited. Licensing based on the number of authenticators (switches/switch stacks, and WLAN Controllers) provides substantially reduced cost and flexibility. Below are the different sizes of Ignition Server offerings based on the number of authenticators being supported: • Light: 5 x Authenticators • Small: 20 x Authenticators • Large: Unlimited Authenticators Identity Engines Ignition Server—Additionally Licensed Features TACACS+ Support: Support where TACACS+ may be in use, as opposed to RADIUS, requires a single license. The license is tied to the size of the Ignition Server deployed and simply enables the feature. Microsoft NAP Integration: Support for MS NAP client integration requires a single license. Microsoft NAP client functions as the Windows System Health Agent and Enforcement Client. It validates the security posture of the device (anti-virus, anti-spyware, firewall and Windows Update) and sends Statements of Health to the Avaya Ignition Server. Clients can be automatically remediated, or provide a URL where users can go if failing the health check. The license is tied to the size of the Ignition Server deployed and simply enables the feature. Identity Engines Guest Manager The Avaya Identity Engines Ignition Guest Manager provides secure and simple network access for guests, while reducing the burden on IT staff by delegating control to potentially non-IT related staff. This could include Guest account provisioners at a Departmental level, front desk/receptionists, or even through self provisioning controls at a Kiosk or the client's own browser. Guest Manager works in conjunction with the main Identity Engines Ignition Server and requires a single license to enable the feature, based on the size of the Ignition Server deployed. Guest Manager is installed on a customer provided Windows platform either as a standalone or Virtual Machine based server. Windows platforms include Windows XP Service Pack 3 (32 bit) or Windows Server 2003 TM (32 bit and 64 bit)or Windows Server 2008 TM (32 bit and 64 bit). Key features include: • Centralized access control: Manages guest authentication and access across wired, wireless and VPN networks. • Delegated provisioning: Delegated provisioning lets designated greeters create and manage guest user accounts. August 30, 2013 ©2013 Avaya Inc. Page 3.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 881 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Self-provisioning: Allows guests to provision their own temporary accounts from kiosks or an online portal. • Embedded database: Segregates guest accounts from enterprise directory. • Auditing: Centralized log data enables detailed reporting of guest access. • Bulk loading: Rapidly configures hundreds or thousands of guest accounts from database records. • Policy driven: Network access rights and permissions are assigned based on guest's role in or relationship to the organization. • Credit card payment: Integrates with in-house credit card payment systems without requiring staff involvement. • SMS and email integration: Sends guest login credentials to the user's cell phone and/or email, allowing the use of hard to spoof guest identifiers. • Automatic account termination: Discontinues guest access rights at a scheduled date and time. Identity Engines Access Portal Avaya Identity Engines Ignition Access Portal is a virtual machine based captive portal and firewall distribution that controls the access of client devices to the network. Access Portal blocks all traffic from client devices, and allows network access only after successful authentication. Access Portal allows guests or contractors with non-802.1X compatible equipment to authenticate and connect to the network. The Access Portal software is deployed as a VMware OVF file, and requires only a single license based on the size of the Ignition Server. Once enabled, Access Portal can be deployed an unlimited amount of times to meet specific needs. Access Portal does not require client side software on the connecting user's device. Like the sign-on portals that provide guest wireless access in many hotels, Access Portal uses the user's browser to prompt for and collect the user's credentials. This allows Access Portal to provide controlled network access to client devices that are incompatible with the 802.1X protocol or not configured to use it. Access Portal also provides Device Profiling. Device Profiling works on a Device Fingerprint which is a compact summary of software and hardware settings collected from a client device. In the Avaya Identity Engines Ignition Server environment, Device Profiling is used as an automated way to register the devices with the Identity Engines Internal Store. Identity Engines Client for Accessing the Secure Enterprise Administration Deploying 802.1x throughout an organization is a cumbersome process as each client requires configuration of the 802.1x supplicant. Avaya Identity Engines portfolio reduces this administrative burden by providing an automated and centrally managed approach using the Identity Engines Client for Accessing Secure Enterprise feature. The Client for Accessing Secure Enterprise functionality automatically verifies and corrects wired and wireless configuration on endpoint machines, automating the client configuration required to enable 802.1x and Microsoft Network Access Protection. Working in conjunction with the Avaya Access Portal, the network administrator uses the Client for Accessing Secure Enterprise Administrative Console to build a configuration that specifies the end user settings for specific network access. This configuration is called a network profile. Network administrators can define multiple network profiles, each with its own configuration and behavior settings. The network administrator then builds deployment packages that contain one or more network profiles and deploys these packages directly to the Access Portal as a clickable link accessible once the user is authenticated. From a client perspective, the Client for Accessing Secure Enterprise Application is a dissolvable application that guides a user while it applies the settings the network administrator configured for network access. The first time the end user connects to the network, they are presented with a link to the August 30, 2013 ©2013 Avaya Inc. Page 35 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 882 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Client for Accessing Secure Enterprise application through the Access Portal captive portal page. If the end user agrees to the terms and conditions presented, the Client for Accessing Secure Enterprise application runs and automatically sets up the end user's network configuration. Configuration of the client can be set for permanent configuration or temporary where settings are removed after the session. The Client for Accessing Secure Enterprise Management console can be deployed co-resident with the Guest Manager application, or on a standalone Windows machine.Windows platforms include Windows XP Service Pack 3 (32 bit) or Windows Server 2003 TM (32 bit and 64 bit) or Windows Server 2008 TM (32 bit and 64 bit). To use the Client for Accessing Secure Enterprise feature, a single license is required that is tied to the size of the Ignition Server being deployed. Network Level Data Center Virtuliztion and Security Avaya has various technologies providing security within and beyond the data center. A key method for providing security for services and applications is obviously through isolating those service and applications that don't need to interact. However, traditional Ethernet topology constraints typically force convergence of applications at the IP layer resulting in a need for enhanced security mechanisms where that convergence happens. In addition, a threat from one application has the potential of impacting other services sharing common Network equipment since a shared Ethernet control plane is in use. While not a specific security appliance, Avaya Ethernet switching solutions proposed throughout section 5.2 offer the ability to provide isolation of services and applications within a data center and beyond, through the use of standardized IEEE 802.1 aq (IETF RFC 6329) as a next generation Ethernet protocol. This protocol is also known as Shortest Path Bridging and is part of the Avaya Fabric Connect technology offering. Not only does Shortest Path Bridging provide isolation of applications that don't need to interact, but also provides a separate Ethernet based control plane that isolates applications from potentially disrupting the most important aspect of the network: The Network Core. Applications and services are essentially tunneled across the backbone thus removing the requirement for higher layer security appliances simply to address where legacy topology constraints force convergence at a higher layer (shared Ethernet or IP). While security appliances are obviously required, deploying Shortest Path Bridging's next generation Ethernet technology can significantly reduce the number of security appliances as it doesn't require converging disparate applications at the IP layer simply due to traditional Ethernet topology constraints. Providing service isolation using Shortest Path Bridging, also reduces the complexity and risk of disrupting the core network as services are only provisioned at the edge of the network and not on every networking element in between. Removing traditional Ethernet topology constraints also provides flexibility in deploying security products and appliances where it makes sense based on application requirements and not the physical network topology. Shortest Path Bridging is an inherent feature of the Avaya Data Center, Campus Core, Campus Edge and WAN Edge Ethernet switches (Ethernet Routing Switch 4800 and 8800 and Virtual Services Platform 4000, 7000, and 9000), providing service isolation over shared networking elements. We are responding to the RFP using those products in the appropriate sections of the RFP, but felt important to highlight in this section as it pertains to virtualization of services in a data center and its relative impact to overall security. 5.2.6.2 Intrusion Detection/Protection and Firewall Appliances - Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGFW), which offer a wire-speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: • Non-disruptive in-line bump-in-the-wire configuration August 30, 2013 ©2013 Avaya Inc. Page 37 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 883 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Standard first-generation firewall capabilities, e.g., network-address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. • Application awareness, full stack visibility and granular control • Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists, white lists, etc. • Upgrade path to include future information feeds and security threats • SSL decryption to enable identifying undesirable encrypted applications (Optional) Avaya Response: Avaya will not be proposing Intrusion Detection/Protection and Firewall Appliances. 5.2.6.3 Logging Appliances and Analysis Tools- Solutions utilized to collect, classify, analyze, and securely store log messages. Avaya Response: Avaya is proposing the following Logging and Analysis tools • Identity Engines Ignition Analytics for Network Policy Control • Virtualization Performance and Fault Manager for network discovery and SNMP management • IP Flow Manager for IPFIX/Netflow reporting Identity Engines Ignition Analytics When deploying Avaya Identity Engines product family, for identity based Network Access Control, the Identity Engines Ignition Analytics tool is offered providing detailed analysis of information captured by Avaya Ignition Server policy engine. Ignition Analytics presents the Ignition Server's network authorization and authentication information in a variety of summary and detail reports in the areas of audit, compliance, security and usage. It delivers extensive automated reporting that allows IT professionals to be more effective in carrying out their mandates for compliance, planning, and security. Ignition Analytics is a web based application installed on a customer provided Microsoft Windows based platform (Windows XP SP3, Windows 2003 or Windows 2008), either running as a standalone host or Virtual Machine, and accessed via a web browser for management, reporting, and analysis of information. A single license key is required for the application, and is not tied to the size of the Ignition Server. Key features include: • Assist in capacity planning: Are we meeting the networking needs/service level of our organization? • Identify device usage: Who are the top users? • Create audit trails: Look for trends of usage, users, and devices • Increase visibility into activity level overtime, identifying peak usage and lowest usage • Extensive reporting options: Over 25 report types are preconfigured for instant use while also providing simple to create custom reports to meet a variety of specific requirements • Advanced scheduling: Both data retrieval and report generation can be scheduled per specific intervals and/or days • Automatic delivery: Reports are delivered via email for anywhere, anytime access August 30, 2013 ©2013 Avaya Inc. Page 38 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 884 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Multiple output formats: Reporting format choices include PDF, HTML, rich text, and Microsoft Excel • Easy to use: The Ignition Analytics is operated with a simple, intuitive interface. • Easy to install: Out of the box, the Ignition Analytics connects easily with the Avaya Ignition Server Ignition Analytics —Automated Reporting and Analysis The Ignition Analytics is a powerful reporting application. It allows IT professionals to perform in depth analysis of network activity including ingress and usage. Report data comes from the Avaya Identity Engines Ignition Server, responsible for handling authentication and authorization of users and devices across the network. The Ignition Analytics adds reporting to the Ignition Server by allowing you to set up automated data retrieval and report generation. An extensive feature set, which is easily customized to comply with customer specific policies and requirements, helps equip IT administrators with precise data that can be delivered automatically to different levels in an organization and in the format that's applicable to them. Creating reports is a simple process. You can either select from over 25 preconfigured audit, compliance, and usage reports, or easily produce a custom report to fulfill your organization's specific reporting requirements. Ignition Analytics — Capacity Planning The Ignition Analytics is an indispensable tool for capacity planning because it can be used to monitor changes in the networking environment and thereby make more informed planning decisions. By reading usage reports, network planners can quickly see which users and devices are most active. Reports can be used to create audit trails and identify trends. Ignition Analytics — Standard Report Types Audit • Authentication by user, client, authenticator, date or Ignition Server • Client by user • Clients for a selected user • User by client • Users for a selected client Compliance • Detail • Summary • Security • Failed by user, client, authenticator, date or Ignition Server • Failed summary Usage • Detail by user • Detail by selected client August 30, 2013 ©2013 Avaya Inc. Page 39 - Avaya Proprietary and Confidential Information 9/11/2013 12:07 PM BidSync Page 885 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Detail by selected user • Summary by user, client, authenticator, date or Ignition Server Figure 5.2.6.3-1 With the Ignition Analytics module installed, network authorization and authentication information from across the network is collected and delivered automatically R01'r-b4 od Canim �,rrg rte, t L9 LDXP ,tet Fhmnttr,Aker ,. .. W i A � a A.ctb COMM 6,� i10 h"Fttf ,Git-or Avaya Visualization Performance and Fault Manager Avaya is proposing Visualization Performance and Fault Manager to address the challenges and the need for convergence. Visualization Performance and Fault Manager is a Unified Communications Management-ready application. It provides advanced network discovery, topology visualization, fault and performance management. Visualization Performance and Fault Manager can be installed on Windows or Linux based OS's. Please see the response to 5.2.2.4 where a full product description has been provided for the Visualization Performance and Fault Manager as well as the key features. Avaya IP Flow Manager Avaya IP Flow Manager addresses the need to provide tools that would effectively monitor, analyze, and report application behaviors, and their bandwidth utilization trends. IP Flow Manager is a Unified Communications Management-ready application that is fully web based and uses the standard IP Flow technology with deeper analysis using packet capture,trending, and threshold alert notification capabilities. IP Flow Manager can be installed on Windows or Linux based OS's. Please see the response to 5.2.2.4 where a full product description has been provided for the IP Flow Manager as well as the key features. 5.2.6.4 Secure Edge and Branch Integrated Security Products- Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. August 30, 2013 ©2013 Avaya Inc. Page 40 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 886 of x7512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya s once Avaya Secure Router 2330 and 4134 products, as briefly discussed in answer to section 5.2.5 of the RFP, include security features such as VPN and firewall for increased reliability and user confidence. Capabilities include stateful packet firewall, detection, and prevention of more than 60 Distributed Denial of Service attacks, VPN hardware acceleration for site to site IPsec, and GRE VPN tunnels and/or remote access IPsec VPN tunnels for direct client connectivity. Supporting VPN tunnels, the Secure Router 2330 provides support for up to 100 tunnels, while the Secure Router 4134 provides support for up to 1,000 tunnels. IPsec VPN data encryption services include AES, 3DES, DES, SHA-1, MD-5, and Difffie-Hellman support. 5.2.6.5 Secure Mobility Products- Delivers secure, scalable access to corporate applications across multiple mobile devices. Avaya esponse: Avaya Identity Engines Portfolio of products is targeted toward providing secure, scalable access to corporate and non-corporate owned assets across multiple mobile devices. While mobile devices may or may not be within IT'S control, the Identity Engines Portfolio can be deployed to restrict access to networking resources/applications based on extremely granular controls. As a vendor agnostic Policy Enforcement Engine, Avaya Identity Engines portfolio integrates with any current network infrastructure to provide the central policy decisions needed to enforce roles-based Network Access Control. This is accomplished by combining the best elements of a next-generation RADIUS/AAA server, the deep directory integration found in application identity offerings, and one of the industry's most advanced standards-based policy engines. All this is done out-of-band for maximum scalability and cost effectiveness. Identity Engines Components: • Identity Engines Ignition Server • Identity Engines Guest Manager • Identity Engines Access Portal • Identity Engines Client for Accessing the Secure Enterprise Administration • Please see the response to 5.2.6.1 where a full product description and key benefits for the Identity Engine Components have been provided. 5.2.6.6 Encryption Appliances-A network security device that applies crypto services at the network transfer layer-above the data link level, but below the application level. Avaya esponse: Avaya will not be proposing Encryption Appliances. 5.2.6.7 On-premise and Cloud-based services for Web and/or Email Security- Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. Avaya esponse: Avaya will not be proposing On-premise and Cloud-based services for Web and/or Email Security. August 30, 2013 ©2013 Avaya Inc. Page 41 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 887 of x7532 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.2.6.8 Secure Access- Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include: • Management visibility for device access • Self-service on-boarding • Centralized policy enforcement • Differentiated access and services • Device Management Avaya es onset Avaya Identity Engines Portfolio of products is targeted toward providing secure, scalable access to corporate and non-corporate owned assets across multiple mobile devices. While mobile devices may or may not be within IT'S control, the Identity Engines Portfolio can be deployed to restrict access to networking resources/applications based on extremely granular controls. As a vendor agnostic Policy Enforcement Engine, Avaya Identity Engines portfolio integrates with any current network infrastructure to provide the central policy decisions needed to enforce roles based Network Access Control. This is accomplished by combining the best elements of a next generation RADIUS/AAA server, the deep directory integration found in application identity offerings, and one of the industry's most advanced standards based policy engines. All this is done out of band for maximum scalability and cost effectiveness. Identity Engines Components: • Identity Engines Ignition Server • Identity Engines Guest Manager • Identity Engines Access Portal • Identity Engines Client for Accessing the Secure Enterprise Administration Please see the response to 5.2.6.1 where a full product description and key benefits for the Identity Engine Components have been provided. 5.2.7 STORAGE NETWORKING - High-speed network of shared storage devices connecting different types of storage devices with data servers. 5.2.7.1 Director Class SAN (Storage Area Network) Switches and Modules -A scalable, high- performance, and protocol-independent designed primarily to fulfill the role of core switch in a core-edge Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high- performance foundation for private cloud storage and highly virtualized environments. Avaya es onset Avaya will not be proposing Director Class Storage Area Network Switches and Modules. 5.2.7.2 Fabric and Blade Server Switches-A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core component of most SANs. The fabric is a network of Fibre Channel devices, which allows many-to-many communication, device name lookup, security, and August 30, 2013 ©2013 Avaya Inc. Page 42 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 888 of x7632 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes. Avaya esponse: Avaya will not be proposing Fabric and Blade Server Switches. 5.2.7.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management - Management tools to provisions, monitors, troubleshoot, and administers SANs and VSANs. Avaya esponse: Avaya will not be proposing Enterprise and Data Center SAN and VSAN Management. 5.2.7.4 SAN Optimization -Tools to help optimize and secure SAN performance (ie. Encryption of data-at-rest, data migration, capacity optimization, data reduction, etc. Avaya esponse: Avaya will not be proposing SAN Optimization. 5.2.8 SWITCHES - Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. 5.2.8.1 Campus LAN —Access Switches - Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: • Security i. SSHv2 (Secure Shell Version 2) ii. 802.1X (Port Based Network Access Control) iii. Port Security iv. DHCP (Dynamic Host Configuration Protocol) Snooping • VLANs • Fast Ethernet/Gigabit Ethernet • PoE (Power over Ethernet) link aggregation • 10 Gb support Port mirroring Span Taps • Support of IPv6 and IPv4 • Standards-based rapid spanning tree • Netflow Support (Optional). Avaya esponse: Avaya has different product offerings for Campus LAN Access Switching solutions meeting deployment specific factors such as size of the deployment, performance requirements, advanced capabilities needed August 30, 2013 ©2013 Avaya Inc. Page 43 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 889 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications and budget constraints. An access solution for the edge of a large campus environment will undoubtedly have different requirements versus a small site requiring only a handful of connections. Understanding the need to address different deployment scenarios, Avaya is proposing the Ethernet Routing Switch 3000 Family of switches for small office deployments and Ethernet Routing Switch 4000 Family of switches for medium to large office deployments. While Avaya Ethernet Routing Switch 3000 and Ethernet Routing Switch 4000 Product Families are proposed, the same base level Enterprise class features are common across both product families. Those base level features as it relates to the RFP include the following: • Secure Management through SSHv2, HTTPS and SNMPv3 along with IP address restrictions and local, RADIUS or TACACS+ authentication • 802.1X (SHSA, SHMA, MHSA, MHMA) Up to 32 x separate VLAN's dynamically assigned to a given access port based on authentication • Port Security (Number of MAC's, flexible MAC learning, default VLAN) • DHCP Snooping and Dynamic ARP Inspection • Port, Protocol, and MAC based VLAN's along with 802.1X automated VLAN assignment • Guest VLAN support • 802.1 ab/LLDP standards based support for network discovery and automated configuration (Ethernet Switch/IP handset) • 10/100 and 10/100/1000 options with or without PoE/PoE+ • Non-blocking architecture supporting full line rate across all ports and all packet sizes • Link Aggregation of up to 8 x links using standards based LACP or Avaya MLT • Port Mirroring: One-to-one, one-to-many, flow based and will work with external Span Taps • IPv4 and IPv6 Support • Standards based STP, RSTP, and MSTP Differences in the product families appear as more advanced features are requested or higher speed uplinks are needed. For instance, while Netflow support is listed as optional, it's included in the base software of the Ethernet Routing Switch 4000 family as standards based IPFIX (based on Netflow v9). However IPFIX is not available on the Ethernet Routing Switch 3000. From a hardware standpoint, the Ethernet Routing Switch 4000 Product family has flexible support for 1Gig and 10Gig uplink interfaces, while the Ethernet Routing Switch 3000 has no support for 10Gig. Avaya Ethernet Routing Switch 3000 and 4000 key product differentiators: • Avaya Stackable Chassis stacking technology, pioneered in 1998, offering chassis based resiliency and performance aspects in a stackable form factor • Auto configuration of Ethernet Switch when IP phone connected. When using Avaya phones, LLDP will also auto configure the handset (Miercom certified 1 minute IP handset provisioning) and TLV can be modified to support third party IP handsets using LLDP. • Simple to configure and manage, Common GUI across all Ethernet switches, scripts that automate deployment including a script that automates switch configuration when deployed as part of an Avaya IP Office system voice deployment, centralized configuration management using Avaya Configuration and Orchestration Manager via wizards and templates as well as bulk management capabilities August 00, 201 (D2013 Avaya Inc. Page 44 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 890 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Advanced Quality of Service controls, including traffic shaping and policing, based on Layer 2, Layer 3 or Layer 4 criteria • Energy Efficiency: Use of highly efficient power supplies supporting green initiatives and lowering overall OPEX along with power saving mode dimming ports during off-peak hours Small Site Access The Ethernet Routing Switch 3000 is a series of high performance Ethernet switches for small to medium enterprises, branches, and open environments outside of the wiring closet. Where there is a requirement to power IP phones, wireless access points, networked CCTV cameras and other devices, the switch supports the IEEE 802.3af Power over Ethernet and IEEE 802.3at Power over Ethernet Plus standards. For environments that want to start small but have the flexibility to pay as they grow, the Ethernet Routing Switch 3500 24-port models are enabled with the Avaya stackable chassis architecture. This architecture provides functionality equivalent to a modular chassis but with small cost effective fixed form factor switches. Similar to adding line cards to a modular chassis, new Ethernet Routing Switch 3500 units can be added individually to form a stack of switches manageable as a single unit. The switch supports 80 gigabits per second of virtual backplane capacity in a stack of eight units. Avaya stackable chassis architecture can also improve network availability through features such as the ability to hot swap individual units in a stack without impacting traffic, the ability to support link aggregation across the stack: increasing resiliency, and through sub-second recovery in the event of a link or unit failure. The Ethernet Routing Switch 3500 delivers high performance Layer 2 switching, Layer 3 static routing, advanced convergence features, and a wide range of security features including support for IEEE 802.1X for secure network access control. The switches are designed to simplify operations by automating many of today's manual processes, while keeping costs low for cost conscious small and medium enterprises and for remote office deployments. There are number of choices available in the Ethernet Routing Switch 3000 series family with the following being proposed as part of this RFP: • Ethernet Routing Switch 3524GT-PWR+, which provides 24 x 10/100/1000BASE-T IEEE 802.3at PoE+ ports, 4 x shared SFP ports and 2 integrated stacking ports. • Ethernet Routing Switch 3524GT, which provides 24 x 10/100/1000BASE-T ports, 4 x shared SFP ports and 2 integrated stacking ports. • Ethernet Routing Switch 3526T-PWR+, which provides 24 x 10/100BASE-T IEEE 802.3at PoE+ ports, 2 x combo 10/100/1000 and SFP ports and 2 integrated stacking ports. • Ethernet Routing Switch 3526T, which provides 24 x 10/100BASE-T ports, 2 x combo 10/100/1000 and SFP ports and 2 integrated stacking ports. • Ethernet Routing Switch 3510GT-PWR+ (Not Stackable), which provides 8 x 10/100/1000BASE- T IEEE 802.3at PoE+ ports and 2 SFP ports. • Ethernet Routing Switch 351 OGT, which provides 8 x 10/100/1000BASE-T ports and 2 SFP ports. Medium/Large Site Access The Ethernet Routing Switch 4000 Ethernet Switches provide a solution that is resilient, efficient, and scalable. These characteristics form the basis for our unique value proposition for medium to large site deployments. With the Power-over-Ethernet+ models featuring field replaceable power supplies, support for 802.3at (PoE+), and on the Gigabit variants integrated Small Form Factor Pluggable 1 gigabit per second and 10 gigabits per second uplink sockets, empowers more advanced configurations. August 30, 2013 ©2013 Avaya Inc. Page 4.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 891 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Enterprises with requirements for advanced switching at the network edge will benefit from the Ethernet Routing Switch 4000 Series. The switches meet these requirements, providing Layer 2 and Layer 3 features on top of the hardware support for Fast Ethernet, Gigabit Ethernet, PoE or PoE+, with redundant power support. As newer Ethernet 4000 Series switches are introduced, such as the Ethernet Routing Switch 4800 Series switches released several years ago, switches can stack with older 4000 Series models. All Ethernet Routing Switch 4000 Series models can stack together, providing various design choices and the right mix based on specific requirements. It provides investment protection for organizations that have already purchased the Ethernet Routing Switch 4500 switches. For deployments not requiring the additional features the newer models offer, it also can reduce initial investment without sacrificing future expandability. With the addition of the Ethernet Routing Switch 4800 Series products, Enterprises are poised to extend Next Generation Ethernet fabric technology to the edge of the network providing end to end network virtualization. Unlike proprietary fabric technologies targeted solely at the data center, the Ethernet Routing Switch 4800 series support of standards based IEEE/IETF Shortest Path Bridging provides unmatched functionality in extending Network Virtualization to the Campus Edge. There are number of choices available in the Ethernet Routing Switch 4000 series family with the following being proposed as part of this RFP: • Ethernet Routing Switch 4850GTS-PWR+, which provides 48 x 10/100/1000BASE-T IEEE 802.3at PoE+ ports, 2 x SFP ports plus 2 x SFP+ ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 4826GTS-PWR+, which provides 24 x 10/100/1000BASE-T IEEE 802.3at PoE+ ports, 2 x SFP ports plus 2 x SFP+ ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 4850GTS, which provides 48 x 10/100/1000BASE-T ports, 2 x SFP ports plus 2 x SFP+ ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 4826GTS, which provides 24 x 10/100/1000BASE-T ports, 2 x SFP ports plus 2 x SFP+ ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 4550T-PWR+, which provides 48 x 10/100Base-T IEEE 802.3at PoE+ ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 4526T-PWR+, which provides 24 x 10/100Base-T IEEE 802.3at PoE+ ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 4550T-PWR, which provides 48 x 10/100Base-T IEEE 802.3af PoE ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and RPS slot for use with optional External Redundant Power Supply shelf. • Ethernet Routing Switch 4526T-PWR, which provides 24 x 10/100Base-T IEEE 802.3af PoE ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and RPS slot for use with optional External Redundant Power Supply shelf. • Ethernet Routing Switch 4550T, which provides 48 x 10/100Base-T ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and RPS slot for use with optional External Redundant Power Supply shelf. August 30, 2013 ©2013 Avaya Inc. Page 45 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 892 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Ethernet Routing Switch 4526T, which provides 24 x 10/100Base-T ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and RPS slot for use with optional External Redundant Power Supply shelf. • Ethernet Routing Switch 4526FX, which provides 24 x 100Base-FX ports, 2 x combo 10/100/1000TX/SFP ports, 2 integrated stacking ports, and RPS slot for use with optional External Redundant Power Supply shelf. 5.2.8.2 Campus LAN —Core Switches- Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: • High bandwidth • Low latency • Hot swappable power supplies and fans • Security i. SSHv2 ii. MacSec encryption iii. Role-Based Access Control Lists (ACL) • Support of IPv6 and IPv4 • 1/10/40/100 Gbps support • IGP (Interior Gateway Protocol) routing • EGP (Exterior Gateway Protocol) routing • VPLS (Virtual Private LAN Service) Support • VRRP (Virtual Router Redundancy Protocol) Support • Netflow Support. Avaya esponse: Avaya has different product offerings for Campus LAN Core Switching solutions meeting deployment specific factors such as size of the deployment, performance requirements, advanced capabilities needed and budget constraints. A core solution for a small site will obviously have different hardware requirements than that of a larger location, even though base level software, resiliency and feature capability are expected. Understanding the need to address different deployment scenarios, Avaya is proposing solutions with deployment flexibility in mind. Proposed products include Ethernet Routing Switch 5000 and Virtual Services Platform 7000 for small core deployments, and chassis based Ethernet Routing Switch 8000 and Virtual Services Platform 9000 for larger core deployments. While Avaya Ethernet Routing Switch 5000 and 8000 and Virtual Services Platform 7000 and 9000 Product Families are proposed, the same base level Enterprise class features are common across all product families. Those base level features as it relates to the RFP include the following: • Secure Management through SSHv2, HTTPS and SNMPv3 along with IP address restrictions and local, RADIUS or TACACS+ authentication • Role Based Access Control provided when directly accessing chassis offerings: Ethernet Routing Switch 8000 and Virtual Services Platform 9000. Additionally, Role Based Access Control is August 30, 2013 ©2013 Avaya Inc. Page 47 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 893 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications offered to all proposed products when centrally managed using Avaya Configuration and Orchestration Manager • IPv4 and IPv6 Support • Support for 1/10Gig (future 40/1000ig options planned for Virtual Services Platform 7000 and 9000) • IGP Routing • VPLS functionality provided through IEEE/IETF Shortest Path Bridging (excluding Ethernet Routing Switch 5000: future support planned in the Ethernet Routing Switch 5000 family) • VRRP • Switch Clustering providing Active/Active core switch deployments along with VRRP enhancements providing Master and Backup Master functionality (Switch Clustering and Network Virtualization) • Netflow support through standards based IPFIX (based on Netflow v9) • High speed switching capacity and extremely low and predictable latency • Hot swappable power supplies, line cards and fabrics on all proposed products, including fan trays on chassis products In addition to base level functionality, the Avaya chassis based Ethernet Routing Switch 8000 and Virtual Service Platform 9000 offerings provide router virtualization, EGP routing and MPLS support. Small Campus Core — Gig Centric with 1 OGig Capability The Ethernet Routing Switch 5000 is a family of Enterprise class 10/100/1000 Ethernet switches with 10Gig uplink/aggregation capabilities addressing small core applications. The Ethernet Routing Switch 5000 family is based on Avaya Stackable Chassis technology, not only providing chassis based resiliency and management features in a stackable offering, but also investment protection. While the Avaya responses includes Ethernet Routing Switch 5600 series products, important to highlight legacy Ethernet Routing Switch 5500 (not proposed in this RFP response) support and ability to integrate with Ethernet Routing Switch 5600's as a single stackable chassis. Highlighting this capability where existing Ethernet Routing Switch 5500's may already be deployed, as well as offering a proof point of the Avaya evolutionary approach to network designs versus the defacto standard rip and replace mindsets we've been accustomed to regarding non-chassis designs. The Ethernet Routing Switch 5600 models extend the Ethernet Routing Switch 5000 product family with higher port densities and processing speed (up to 384 x Gig ports plus 16 x 10Gig ports). All five models in the family feature 10GBASE-X XFP connectivity along with field replaceable AC or DC power supplies. In addition to supporting Layer 2 and Layer 3 features common to the Ethernet Routing Switch 5500, the Ethernet Routing Switch 5600, having more advanced switching ASICs also supports additional capabilities such as VRF-Lite, IPv6 Routing, and Content Based Forward to Next Hop functionality. Ethernet Routing Switch 5600 switches provide Stackable Chassis stacking bandwidth of up to 1.152Tbps (144Gbps between units) in a stack of eight supporting up to 400 x ports. As mentioned, Avaya Stackable Chassis technology offers the same features found in a chassis offering, yet in a stackable form factor providing flexible deployment options. Units can be hot swapped within the stack where code and configuration is automatically applied to the replacement unit. In addition, units can be hot-added without disrupting the stack. When using Avaya Stackable Chassis technology,there is none of the unwieldy logical ring or token technology that lesser offerings use, but a star based distributed forwarding topology that allows traffic to flow either upstream or downstream simultaneously from every switch in the system, optimizing performance, resiliency, and resource utilization while significantly reducing latency. August 30, 2013 ©2013 Avaya Inc. Page 48 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 894 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Delivering Active/Active core switching capabilities, the Avaya Switch Clustering feature is built using the Split Multi-Link Trunking technology that is unique to Avaya products, yet is interoperable with third party switches, servers, appliances, and routers. This delivers benefits that provide real value; while it may be possible to simulate certain individual elements, there is no competitive offering that can rival the combined capabilities, particularly in terms of simplicity and efficiency across a diverse range of product offerings. Five models are available in the Ethernet Routing Switch 5600 series of switches and are being proposed as part of this RFP: • Ethernet Routing Switch 5632FD, which provides 24 x SFP ports, 8 x XFP ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 5698TFD-PWR, which provides 96 x 10/100/1000BASE-T IEEE 802.3af PoE ports, 6 x shared SFP ports, 2 x XFP ports, 2 integrated stacking ports, and power supply slots for up to 3 removable power supplies. • Ethernet Routing Switch 5698TFD, which provides 96 x 10/100/1000BASE-T ports, 6 x shared SFP ports, 2 x XFP ports, 2 integrated stacking ports, and power supply slots for up to 3 removable power supplies. • Ethernet Routing Switch 5650TD-PWR, which provides 48 x 10/100/1000BASE-T IEEE 802.3af PoE ports, 2 x XFP ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. • Ethernet Routing Switch 5650TD, which provides 48 x 10/100/1000BASE-T ports, 2 x XFP ports, 2 integrated stacking ports, and power supply slots for up to 2 removable power supplies. Small Campus Core— 1 OGig Centric with Gig Capability and Future 0/1 OOGig Support The Virtual Services Platform 7000 Ethernet Switches are ideally suited to deliver flexible, high-speed Ethernet connectivity in the data center as a small core solution. Where a core solution may already exist, the Virtual Services Platform can augment the solution providing 10 Gigabit Ethernet fan out capability saving valuable ports and slots. Featuring a hardened physical architecture of dual, hot swappable AC or DC power supplies and redundant fan trays (with front-to-back or back-to-front cooling options), and hot swappable units within a stack,the switch is an important addition to a network manager's toolkit for creating always on high performance solutions. The first of the Virtual Services Platform 7000 models to be introduced, the 7024XLS proposed in our response, features fixed SFP+ sockets that support a wide variety of both 1 and 10 gigabits per second Ethernet pluggable transceivers, enabling short and long haul copper and fiber connections. In addition the Virtual Services Platform 7024XLS also features a versatile Media Dependent Adaptor slot that delivers support for a range of high speed expansion options, such as additional 1/10Gig ports (SFP+ sockets or 10GBASE-T via RJ45). In addition to the versatility afforded by the optional MDA, the switch includes a host of strategic innovations that help enable it to continue to deliver performance and services throughout an extended life cycle. Among the future-ready features is the advanced fifth generation ASIC chipset that has been optimized for network operations, including: • Smart packet buffering to deliver lower latencies and efficiently reallocate memory to those ports suffering congestion • Larger table capacities provide for improved scaling • Embedded services in support of applications such as IPFIX • Native support for the particular computational functionality crucial in high-performance data center and metro deployment scenarios August 30, 2013 ©2013 Avaya Inc. Page 49 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 895 of x7632 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Along with individual switching performance of over 1.2 Terabits per second, the switch is equipped with superior CPU and memory resources so that it has the capabilities to execute the algorithms necessary for a successful fabric-based infrastructure.When stacking units together utilizing Avaya Stackable Chassis feature, common across our fixed format switching products, stacking throughput of 5.1Tbps is achieved (640Gpbs switch to switch) in a stack of 8 x switches. This capability creates a virtual backplane optimizing local traffic flows by always forwarding packets along the shortest path between source and destination, using dedicated high speed interconnections. Large Campus Core—Gig Centric with 10Gig Capability The Avaya Ethernet Routing Switch 8000 is a chassis based offering targeted at addressing large core Ethernet switching needs within an Enterprise. Providing 720Gbps switching performance, the Ethernet Routing Switch 8800 is available in multiple chassis options: 10 slot featuring eight slots for interface modules; 6 slot featuring four slots for interface modules; 3 slot featuring two slots for interface modules. In addition, there is also the Ethernet Routing Switch 801000 central office 10 slot chassis, which is NEBS compliant for deployment scenarios that require a carrier class platform. The Ethernet Routing Switch 8895SF switch fabric and CPU module is the latest version and offers significant enhancements in terms of CPU performance and memory capacity; it is also 50% more energy efficient. These advances allow the Ethernet Routing Switch 8895SF to natively support both existing and emerging services and applications that place intense demands on the networking infrastructure. A range of high performance IO module options exist for the Ethernet Routing Switch 8000. These include a high density 10 Gigabit Ethernet module (12 ports per module and up to 96 ports per chassis), high density 48 port modules supporting 10/100/1000 copper or 1000BASE-X SFP connectivity (up to 384 ports per chassis) and an innovative hybrid combination module that concurrently supports 10 Gigabit Ethernet (x2), 1000BASE-X (x24), and 10/100/1000BASE-T (x8) ports. This combo module provides additional flexibility for smaller aggregation sites. The latest generation interface modules feature Avaya Route Switch Processor network processing units enabling the switch to deliver new features through firmware updates as opposed to module replacement. Network Processing Units are large scale CPU arrays specifically designed for network related functions such as efficient examination and manipulation of packet headers. Avaya specialized high performance Network Processing Unit, the Route Switch Processor, is an in house development delivering fast path protection through its ability to support in life firmware upgrades while providing line rate switching and routing regardless of standards evolution. Avaya has been able to leverage this re-programmable capability to deliver new innovative features, such as IPv6, a flexible IP VPN suite, and the new Fabric Connect capabilities (IEEE/IETF Shortest Path Bridging), while maintaining hardware based performance levels. Equipment based on a traditional ASIC architecture is limited in that the functionality of the ASIC chipsets is set at a certain point in time and cannot easily adapt to future change. Typically this means that newer features and functionality are not supported only in hardware but require additional software processing that can adversely affect performance and increase latency until the next hardware refresh. Having pioneered Switch Clustering capabilities more than a decade ago on the Ethernet Routing Switch 8000 platform, providing Active/Active core switching, Avaya Switch Clustering offers the ability for 2 x physically separate core switches to function as a single logical switch from a Link Aggregation standpoint. This allows for devices supporting LAG capabilities (third party switches, servers, and appliances) the ability to load balance across all available links, providing 70 millisecond failover in the event of failure, and removes the reliance on Spanning Tree based protocols for path selection. The combination of processing power, utilizing Active/Active core switches, also increases the overall processing power to over a Terabit worth of forwarding performance in the core. Please see the response to 5.2.5.3 where a full product description for the Ethernet Routing Switch 8000 has been provided as well as key benefits. Large Campus Core— 1 OGig Centric with Gig Capability and Future 0/1 OOGig Support August 30, 2013 ©2013 Avaya Inc. Page .50 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 896 of x7612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications The Avaya Virtual Services Platform 9000 is a next generation Ethernet Switching solution that delivers high performance, high capacity, and high availability for mission critical data centers and very large Campus Core networks. The Virtual Services Platform 9000 is built upon proven Ethernet Routing Switch 8000 software, incorporates a fully programmable network processor unit that combines both high performance traffic forwarding and the flexibility to seamlessly evolve in line with new technologies and standards, and features Avaya carrier grade operating system. The Virtual Services Platform 9000 is designed to deliver a future ready, ultra-reliable network that provides high 10 Gigabit Ethernet density plus a seamless path to future 40/1000 Ethernet, and simplified and agile virtual network infrastructures. The Virtual Services Platform 9000 is currently offered in a twelve slot switch, providing 8.4Tbps switching performance (expandable to 27Tbps), and can scale to support up to 240 ports of 10 Gigabit Ethernet (or 480 ports of Gigabit Ethernet) in a highly resilient configuration. Ten of the slots are available for interface modules, 10G, 1G, 10/100/1000. The remaining two slots are reserved for Control Processor modules, and up to six Switch Fabric modules can be installed into the rear of the chassis. While not proposed, a ten slot variant will be released in the coming months offering eight line card slots with the same Control Processor and Switch Fabric module densities. Other form factors are being discussed. In addition, while also not included in the RFP, additional cards supporting greater densities and speed choices are planned. As a next generation platform, the Virtual Services Platform 9000 also supports the Avaya innovative suite of virtualization solutions, including Avaya Fabric Connect network virtualization offering. Leveraging experience from always on networking capabilities added over more than a decade, the Virtual Services Platform 9000 supports Avaya Switch Clustering feature providing unmatched 20 millisecond fail over times. With the addition of a carrier grade operating system, sets new standards for robustness with advanced diagnostic and self healing capabilities. Please see the response to 5.2.5.3 where a full product description for the Virtual Services Platform 9000 has been provided as well as key benefits. 5.2.8.3 Campus Distribution Switches- Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter-VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLs). • High bandwidth • Low latency • Hot swappable power supplies and fans • Security (SSHv2 and/or 802.1X) • Support of IPv6 and IPv4 • Jumbo Frames Support • Dynamic Trunking Protocol (DTP) • Per-VLAN Rapid Spanning Tree (PVRST+) • Switch-port auto recovery • NetFlow Support or equivalent Avaya esponse: We understand that the requirement of a Distribution Layer may be due to physical constraints, performance limits of Core/Edge equipment or both. The Avaya design approach is a two-tier model comprising Core and Edge, only adding a Distribution Layer where physical constraints exist. It's August 30, 2013 ©2013 Avaya Inc. Page .51 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 897 of x7632 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications important to make this distinction as we continue to see three-tier models deployed where no physical constraints exist, rather deployed to overcome network equipment limitations. The performance and features found in Avaya Stackable Chassis products are instrumental in providing the ability to offer simplified two-tier designs, while reducing equipment costs and overall network complexity. Avaya has different product offerings for Campus Distribution Switching solutions meeting deployment specific factors, such as size of the deployment, performance requirements, advanced capabilities needed and budget constraints. Understanding the need to address different deployment scenarios, Avaya is proposing solutions with deployment flexibility in mind. Proposed products include Stackable Chassis based Ethernet Routing Switch 5000 and Virtual Services Platform 7000 for small Distribution Layer deployments, and chassis based Ethernet Routing Switch 8000 for larger Distribution Layer deployments. While Avaya Ethernet Routing Switch 5000 and Ethernet Routing Switch 8000 and Virtual Services Platform 7000 Product Families are proposed, the same base level Enterprise class features and resiliency are common across all product families. Those base level features as it relates to the RFP have been included in the response to 5.2.8.1. The Ethernet Routing Switch 8000 and Virtual Services Platform 7000 additionally provide the ability to extend Avaya Fabric Connect network virtualization capabilities beyond the Data Center, to the Distribution Layer, greatly reducing provisioning time and easing overall network management. Please see the response to 5.2.8.2 where a full product description for the Ethernet Routing Switch 8000 and the Virtual Services Platform 7000 have been provided. 5.2.8.4 Data Center Switches- Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs), all at Gigabit and 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include: • High bandwidth • Low latency • Hot swappable power supplies and fans • Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardware-based Inter-Switch Link(ISL) trunking • Load Balancing across Trunk group able to use packet based load balancing scheme • Bridging of Fibre Channel SANs and Ethernet fabrics • Jumbo Frame Support • Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member • Ability to remotely disable and enable individual ports • Support NetFlow or equivalent Avaya esponse: Avaya offers a unique family of Data Center Switching solutions meeting the demanding requirements of a Data Center while leveraging new Ethernet standards for virtualization. The Avaya innovative architecture reduces the amount of hops required for typical East-West Data Center traffic flows, while leveraging the new IEEE/IETF Shortest Path Bridging Ethernet standard for network virtualization through Avaya Fabric Connect technology. August 30, 2013 ©2013 Avaya Inc. Page .52 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 898 of a7732 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Proposed products include Virtual Services Platform 7000 for, Top of Rack and Rack to Rack deployments and chassis based Ethernet Routing Switch 8000 and Virtual Services Platform 9000 for core data center aggregation, advanced Layer 3 and MAN/WAN routing capabilities While Avaya Ethernet Routing Switch 8000 and Virtual Services Platform 7000 and Virtual Services Platform 9000 Product families are proposed, the same base level Enterprise class features are common across all product families. The base level features as it relates to the RFP have been included in the response to 5.2.8.2. Data Center Top of Rack— 1 OGig Centric with Gig Capability and Future 0/1 OOGig Support The Avaya Virtual Services Platform 7000 is a Stackable Chassis offering utilizing its Fabric Interconnect as a connectivity building block in Avaya Fabric Connect architecture. It is the practice of using the Virtual Services Platform 7000 rear panel ports to interconnect switches while preserving front panel ports. Fabric Interconnect provides two options to deliver scalability and low latency interconnects addressing east-west traffic requirements: Fabric Interconnect Stacking and Fabric Interconnect Mesh. Fabric Interconnect Stacking uses Fabric Interconnect ports to horizontally connect up to eight switches to form a distributed Top of Rack design, allowing up to 256 x 1/10 Gigabit Ethernet ports with 5 Terabits per second Fabric. Fabric Interconnect Stacking also provides extremely low latency of 2.1 US to 5.3uS (four hop maximum in stack of eight). Providing high availability,two Top of Rack systems can be connected together using Split Multi-Link Trunking, yielding 10 Terabits per second Fabric while supporting 512 x 1/10 Gigabit Ethernet ports. This flexibility provides the ability to dual home servers and storage across separate stacks providing in service software upgrades and increased throughput. Fabric Interconnect Mesh uses Fabric Interconnect ports to connect 4 to 200 switches in a mesh, expanding to 480 switches in an upcoming software release, ultimately offering up to 15,360 10 Gigabit Ethernet ports within a 262.5 Terabits per second Fabric. Understanding that east-west traffic is dominating data center traffic, where a single web click can spawn access to multiple different servers, most traffic goes rack to rack directly between servers. Cross rack capacity and low latency is obviously crucial. The Virtual Services Platform 7000s Terabit-class interconnect avoids congestion and added latency other solutions suffer by having to traverse a separate Core switch or Distribution switch in a three tier model. Alternative solutions introduce congestion and latency, additional equipment and hops, and consume more ports when processing traffic between racks. Modes of operation The Virtual Services Platform 7000 features four Fabric Interconnect ports. It operates in two mutually exclusive modes of operation: 1) Fabric Interconnect Stacking and 2) Fabric Interconnect Mesh. When operating in Fabric Interconnect Stacking, up to eight units create a Top of Rack system or 16 units, by clustering two Top of Rack systems, delivering up to 10 Terabits per second using two clusters of eight switches. When operating in Fabric Interconnect Mesh, the Fabric Interconnect ports operate as multiple high speed interconnects, allowing the creation of a flexible and scalable network mesh. Fabric Interconnect Stacking With Fabric Interconnect Stacking, up to eight units create a Top of Rack delivering up to five Terabits per second using two Fabric Interconnect cables in parallel between each switch. For Fabric Interconnect Stack operation, the stack operates in the same manner as other Avaya stackable products and features many of the associated benefits of Stacking including: • Single IP address management for Fabric Interconnect Stack • Hot swap unit replacement • Distributed uplinks with Distributed Multi-Link Trunking and LAGS August 30, 2013 ©2013 Avaya Inc. Page .53 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 899 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Fabric Interconnect Mesh Fabric Interconnect Mesh delivers scalability to address low latency east-west requirements in the data center. As noted in the appropriate section of the RFP response, switches in the Mesh are managed through Configuration and Orchestration Manager and Virtualization Provision Service providing unified provisioning. Fabric Interconnect ports interconnect each Virtual Services Platform 7000, which can use a mix of different Fabric Interconnect cable lengths. Different Fabric Interconnect cable lengths allow for flexible network deployment when going rack to rack or row to row within the data center. This solution provides a new mode of switch operation, which allows an alternative means for switches to be interconnected using the rear Fabric Interconnect ports. To support Fabric Interconnect Mesh, each switch operates as an individual switch and the Fabric Interconnect ports are placed into rear ports mode. When the Virtual Services Platform 7000 is operating in rear ports mode up to 640 Gigabits per second of connectivity is available over these rear ports for creating switch to switch interconnects. Once enabled, LACP is automatically turned on, thus allowing automation of virtual ports between switches. This enables Fabric Interconnect Mesh to provide plug and play connectivity of Virtual Services Platform 7000 units throughout the Data Center. 5.2.8.5 Software Defined Networks (SDN) -Virtualized Switches and Routers- Technology utilized to support software manipulation of hardware for specific use cases. Avaya Response: The Avaya solution to address the emerging Software-Defined Networking space is based on the following: 1. Deploy Fabric Connect (an enhanced implementation of Shortest Path Bridging)to link virtual/physical infrastructure and enable flexible network services at any scale through proposed Ethernet Switching product families 2. Leverage OpenStack to enable rapid service creation via a common orchestration interface (available feature 2nd half of 2014) 3. Provide public access (APIs) into an orchestration interface allowing customized interaction with Fabric Connect (available feature 2nd half of 2014) 4. Extend orchestration and Fabric Connect to deliver end-to-end service creation and delivery (from data center to desktop) while incorporating additional tools that automate service creation and delivery through interaction with the application layer Details on this strategy are as follow: 1) Virtualize the network through Avaya Fabric Connect. Avaya offers support of their Fabric Connect technology based on the IETF/ IEEE standard Shortest Path Bridging. This technology provides a service abstraction layer which allows for any logical topology to be build (Level 2 and Level 3, combination of both) with greater speed and agility anywhere there is physical Ethernet connectivity. We believe that Fabric Connect can both optimize the infrastructure and simplify operations. Therefore, enabling Enterprise IT departments to focus on skill sets that contribute to the bottom line of the business rather than spending times programming and customizing the infrastructure. The following Fabric Connect enabled products proposed in this RFP response include: Ethernet Routing Switch 4000 and 8000, Virtual Services Platform 4000, 7000, and 9000. Unique characteristics of this technology: • Goes beyond being a simple Spanning Tree replacement to delivering the full breadth of services today including Level 2 virtualized services, Level 3 Virtualized services (with August 30, 2013 ©2013 Avaya Inc. Page .54 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 900 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications multiple Virtual Routing and Forwarding instances) and fully optimized routing and multicast services. • Unshackles Virtual Machines from the network to enable VM mobility across Layer 3 domains and across geographically dispersed Data Centers without requiring additional network overlay or protocol overlay technologies. • Offers a single technology that can extend beyond a single data center without requiring additional overlay technologies or complex protocol stitching, enabling multiple geographically dispersed locations/data centers to appear as a single resource pool for the applications. • Enables scaling well beyond the 4,000 VLANs of traditional Ethernet and competitive fabric solutions enabling 16 million unique services. • Offers sub-second recoveries for all services (including multicast) by eliminating protocol overlays and creating a load balanced network where all links are utilized. • Offers an efficient transport layer for technologies such as VXLAN which rely on routing/ multicast technologies. 2) OpenStack for automation/orchestration. • OpenStack is an open source cloud operating system created by NASA and Rack space that simplifies creation and movement of applications and virtual machines in a public or private cloud. • OpenStack provides a control layer that sits above all the virtualized components in the Data Center and orchestrates those resources as a service through a set of APIs and a common dashboard. • Within OpenStack there are several modules that manage each resource individually. The OpenStack `Nova' interface orchestrates virtual machine resources, the Cinder and Swift interfaces orchestrate block and object storage respectively and Neutron interconnects everything by coordinating networking services and appliances. Typically this is brought together under the umbrella of OpenStacks Horizon graphical orchestration interface. • Avaya is integrating Fabric Connect technology into OpenStacks Neutron project and leveraging OpenStacks Horizon based multi resource management platform, delivering coordinated orchestration for computer(Nova), storage (Cinder/Swift), in addition to network (Neutron). The value proposition is the ability to create and deploy services in four to five simple steps through a single intuitive graphical interface. 3) Public Access (APIs) allowing for customized interaction with Avaya Fabric Connect As the dust has yet to settle with regards to SDN and there are still many directions that it can go in, Avaya is developing public access APIs directly into its Fabric Connect technology to allow for customized interaction directly with the networking layer. This provides an open foundation for our customers to adapt the network into any emerging SDN architectures in the future. 4) Extend orchestration and Fabric Connect to deliver end-to-end service creation and delivery (from data center to desktop) Avaya is extending its orchestration and virtualization technology to the network edge to extend the service chain from the application to the user, data center to desktop. This allows for new levels of network simplicity as services would be set up through end point, automated provisioning where the applications and users of that application connect to the network. Avaya is also developing a policy controller that is able to detect users and detect applications and then coordinate with the orchestration system to allocate the necessary resources to support that application. This brings the vision from August 30, 2013 ©2013 Avaya Inc. Page .5.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 901 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications software defined to application driven. The policy controller plays a critical role in this solution ensuring that automation is contained according to both corporate and regulatory guidelines. To summarize, the benefit of the Avaya strategy is to bring increased simplicity and agility to the network and to enable the rapid creation of cloud based services in four to five simple steps. It also provides a foundation to facilitate the transition from private to hybrid cloud models in the future. While other SDN vendors are focusing on automation, they are ignoring the limitations of existing networking technologies and delivering solutions which are tied to complex protocols such as MPLS. Avaya is delivering a solution that eliminates network complexity and provides a much simpler and agile foundation for the Software Defined Network. Rather than adding network overlays or additional protocols, and creating even more complexity than what we have today, Avaya Fabric Connect streamlines the network offering a single technology for Level 2 and Leve13 services, Routing and IP Multicast that extends beyond a single data center and enables massive service scalability. For automation and orchestration, we are working with OpenStack as well as providing APIs directly into our Fabric Connect technology for federation and customization. 5.2.8.6 Software Defined Networks (SDN) - Controllers-is an application in software-defined networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic. Avaya esponse: For network virtualization, Avaya offers its Fabric Connect technology. This technology delivers an open foundation for the network(based on IETF and IEEE standards). It also offers a simplified way to optimize network traffic. In a Fabric Connect network, traffic automatically takes the Shortest Path from source to destination through very sophisticated algorithms. Connections are dynamically established through the provisioning of end points, and the optimal network path is automatically established. To automate the configuration of network devices Avaya offers a range of controller based solutions: Software Defined Data Center Controller for VMware vCenter networks (Avaya Virtualization Provisioning Service proposed). • Automatically synchronizes the network to react to changes that occur in the computer environment, increasing IT efficiency and reducing time to service. • Provides an end to end view of the data center including virtual machines, servers, and network devices across physical and virtual environments. • Provisions network devices to follow VMS as they migrate between servers. • Applies connectivity services and port profiles based on predefined templates and rules, automatically, or on demand through guided work flows. Software Defined Data Center Controller for OpenStack networks (demo capability today, available in 2nd half of 2014). • Enables the coordinated orchestration of all data center resource plus builds the end to end service chain (firewalls, security services) through a single interface. • SDDC Controller interacts with Avaya Fabric Connect to resource pools and to efficiently build the end to end virtualized service. August 30, 2013 ©2013 Avaya Inc. Page .56 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 902 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Enables a consistent operational process when multiple hypervisor and storage technologies exist in the data center. SDN Policy Controller(Based on Avaya Identity Engines Ignition Server proposed with extensions available late 2014/early 2015). • Recognizes, polices and monitors applications, endpoints and users to create graduated levels of experience. • Provides automation so it is constrained to corporate policies and regulatory compliances. • Interacts with orchestration layer to enable the dynamic assignment of application centric virtualized network (builds the service chain from application to user). Public APIs for Avaya SDDC/SDN controllers. • Enables customization of the networking layer through Avaya controller based solutions. • Enables the components within the application stack to communicate directly with one another. • Provides an open foundation to fit into additional SDN architectures. 5.2.8.7 Carrier Aggregation Switches- Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches' major characteristics are: • Designed for Metro Ethernet networks • Designed for video and other high bandwidth applications • Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: • Redundant Processors • Redundant Power • IPv4 and IPv6 unicast and multicast • High bandwidth • Low latency • Hot swappable power supplies and fans • MPLS (Multiprotocol Label Switching) • BGP (Border Gateway Protocol) • Software router virtualization and/or multiple routing tables • Policy based routing • Layer 2 functionality i. Per VLAN Spanning Tree ii. Rapid Spanning Tree iii. VLAN IDs up to 4096 • Layer 2 Class of Service (IEEE 802.1 p) • Link Aggregation Control Protocol (LACP) August 30, 2013 ©2013 Avaya Inc. Page .57 - Avaya Proprietary and Confidential Information 9/11/2013 12:07 PM BidSync Page 903 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications vi. QinQ (IEEE 802.1 ad) Avaya Response: Avaya is creating an Enterprise wide model for resilient access to applications and services with light touch provisioning, ultimately reducing OPEX, simplifying the management of the infrastructure and reducing risk associated with making changes to the network. This being accomplished using standards based, next generation Ethernet technology, such as Avaya Fabric Connect technology based on IEEE/IETF's Shortest Path Bridging. Unlike traditional MPLS, targeted squarely at the WAN edge, Shortest Path Bridging provides the same virtualization capability yet extended Enterprise wide and without the complexity and number of state machines MPLS requires. In addition, while no standard solution exists for supporting Multicast across MPLS networks (critical in supporting video applications at a minimum), Multicast support was purposely designed into the Shortest Path Bridging protocol. The same IEEE/IETF inventors of Ethernet, MPLS and BGP also wrote the Shortest Path Bridging standard and see that Multicast support was designed into the protocol as Shortest Path Bridging was initially being developed. While proprietary network fabric technologies are limited to deployment within a data center and only focus on Layer 2 virtualization, they also rely on MPLS or proprietary WAN technologies to traverse geographic locations. In contrast, as an end to end solution, Shortest Path Bridging domains can be extended across existing Layer 2 MPLS connections or be used as a replacement to MPLS where dark fiber or wavelength services exist. In addition, Avaya Fabric Connect provides the ability to virtualize Layer 2, Layer 3, the existing Global Routing Table (replacing the existing IGP) as well as Multicast traffic. Proposed products include Ethernet Routing Switch 8000 and Virtual Services Platform 9000 switches designed for high density carrier deployments where carrier class features are required and carrier hand off is Ethernet based. While Avaya Ethernet Routing Switch 8000 and Virtual Services Platform 9000 Product families are proposed, the same base level carrier class features are common across both product families. Those base level features as it relates to the RFP have been included in the response to 5.2.5.3. Carrier Aggregation Core—Gig Centric with 1 OGig Capability The Avaya Ethernet Routing Switch 8000 is a chassis based offering targeted at addressing Carrier Ethernet Aggregation needs. Providing 720Gbps switching performance, the Ethernet Routing Switch 8800 is available in multiple chassis options: • 10 slot featuring eight slots for interface modules • 6 slot featuring four slots for interface modules • 3 slot featuring two slots for interface modules. In addition, there is also the 801000 Central Office 10 slot chassis, which is NEBS-compliant for deployment scenarios that require a carrier class platform. The Ethernet Routing Switch 8895SF switch fabric and CPU module is the latest version and offers significant enhancements in terms of CPU performance and memory capacity; it is also 50% more energy efficient. These advances allow the Ethernet Routing Switch 8895SF to natively support both existing and emerging services and applications that place intense demands on the networking infrastructure. The Ethernet Routing Switch 8895SF also provides switch fabric and CPU redundancy when deployed as a pair. A range of high performance 10 module options exist for the Ethernet Routing Switch 8000. These include a high density 10 Gigabit Ethernet module (12 ports per module and up to 96 ports per chassis), high density 48 port modules supporting 10/100/1000 copper or 1000BASE-X SFP connectivity (up to 384 ports per chassis) and an innovative hybrid combination module that concurrently supports 10 Gigabit August 30, 2013 ©2013 Avaya Inc. Page .SES - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 904 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Ethernet (x2), 1000BASE-X (x24), and 10/100/1000BASE-T (x8) ports. This combo module provides additional flexibility for smaller Carrier deployments. The latest generation interface modules feature Avaya Route Switch Processor network processing units enabling the switch to deliver new features through firmware updates as opposed to module replacement. Network processing units are large scale CPU arrays specifically designed for network related functions such as efficient examination and manipulation of packet headers. Avaya specialized high performance network processing unit, the Route Switch Processor, is an in house development delivering fast path protection through its ability to support in life firmware upgrades while providing line rate switching and routing regardless of standards evolution. Avaya has been able to leverage this re-programmable capability to deliver new innovative features, such as IPv6, a flexible IP VPN suite, and the new Fabric Connect capabilities (IEEE/IETF Shortest Path Bridging), while maintaining hardware based performance levels. Equipment based on a traditional ASIC architecture is limited in that the functionality of the ASIC chipsets is set at a certain point in time and cannot easily adapt to future change. Typically this means that newer features and functionality are not supported only in hardware but require additional software processing that can adversely affect performance and increase latency until the next hardware refresh. Having pioneered Switch Clustering capabilities more than a decade ago on the Ethernet Routing Switch 8000 platform, providing Active/Active core switching, Avaya Switch Clustering offers the ability for 2 x physically separate core switches to function as a single logical switch from a Link Aggregation standpoint. This allows for devices supporting LAG capabilities (third party switches, servers, and appliances) the ability to load balance across all available links, providing 70 millisecond failover in the event of failure, and removes the reliance on Spanning Tree based protocols for path selection. The combination of processing power, utilizing Active/Active core switches, also increases the overall processing power to over a Terabit worth of forwarding performance in the core. Carrier Aggregation Core—1 OGig Centric with Gig Capability and Future 0/1 OOGig Support The Avaya Virtual Services Platform 9000 is a next generation Ethernet Switching solution that delivers high performance, high capacity, and high availability for mission critical Carrier centric deployments. The Virtual Services Platform 9000 is built upon proven Ethernet Routing Switch 8000 software, incorporates a fully programmable network processor unit that combines both high performance traffic forwarding and the flexibility to seamlessly evolve in line with new technologies and standards, and features the Avaya carrier grade operating system. The Virtual Services Platform 9000 is designed to deliver a future ready, ultra-reliable network that provides high 10 Gigabit Ethernet density plus a seamless path to future 40/1000 Ethernet, and simplified and agile virtual network infrastructures. The Virtual Services Platform 9000 is currently offered in a 12 slot switch, providing 8.4Tbps switching performance (expandable to 27Tbps), and can scale to support up to 240 ports of 10 Gigabit Ethernet (or 480 ports of Gigabit Ethernet) in a highly resilient configuration. Ten of the slots are available for interface modules- 10G, 1 G, 10/100/1000. The remaining two slots are reserved for Control Processor modules, and up to six Switch Fabric modules can be installed into the rear of the chassis. While not proposed, a ten slot variant will be released in the coming months offering eight line card slots with the same Control Processor and Switch Fabric module densities. Other form factors are being discussed. In addition, while also not included in the RFP, additional cards supporting greater densities and speed choices are planned. As a next generation platform, the Virtual Services Platform 9000 also supports the Avaya innovative suite of virtualization solutions, including Avaya Fabric Connect network virtualization offering. Leveraging experience from always on networking capabilities added over more than a decade, the Virtual Services Platform 9000 supports Avaya Switch Clustering feature providing unmatched 20 millisecond fail over times. With the addition of a carrier grade operating system, sets new standards for robustness with advanced diagnostic and self healing capabilities. Meeting requirements specific to Carrier Aggregation deployments, the solution employs a number of hardware and software assisted resiliency and recovery mechanisms: August 30, 2013 ©2013 Avaya Inc. Page .59 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 905 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Control Plane High Availability Mode for Control Plane redundancy with hitless failover. • <10ms network failure recovery and instantaneous re-route across all ports. • Hardware assist for switch clustering (Split Multi-Link Trunking and Routed Split Multi-Link Trunking) providing 20ms failover capabilities for LAG'S split between a High Availability pair of switches • System level health check and self healing to enable system stability. • Rapid Failure Detection and Recovery of Data Path. • In service Control Plane Integrity Check. • Hitless patching without reload of the complete system image. Operation focus features for quick field serviceability: • Flight recorder • Packet capture • Process separation • Memory protection • Health check hardware based filtering, along with flexible software based filters 5.2.8.8 Carrier Ethernet Access Switches -A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. • Hot-swappable and field-replaceable integrated power supply and fan tray • AC or DC power supply with DC input ranging from 18V to 32 VDC and 36V to 72 VDC • Ethernet and console port for manageability • SD flash card slot for additional external storage • Stratum 3 network clock • Line-rate performance with a minimum of 62-million packets per second (MPPS) forwarding rate • Support for dying gasp on loss of power • Support for a variety of small form factor pluggable transceiver(SFP and SFP+) with support for Device Object Model (DOM) • Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications • Support for Synchronous Ethernet (SyncE) services • Supports Hierarchical Quality of Service (H-QoS)to provide granular traffic-shaping policies • Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence Avaya es once: Avaya is creating an Enterprise wide model for resilient access to applications and services with light touch provisioning, ultimately reducing OPEX, simplifying the management of the infrastructure and August 30, 2013 ©2013 Avaya Inc. Page 60 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 906 of x7712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications reducing risk associated with making changes to the network. This being accomplished using standards based, next generation Ethernet technology, such as Avaya Fabric Connect technology based on IEEE/IETF's Shortest Path Bridging. Adding to the comments already made in our response to Section 5.2.8.7, and positioning of Shortest Path Bridging as an alternate method to creating a private MPLS core, the products described in this section fulfill the need for Carrier Access switching at remote sites. While equipment proposed in this section can terminate Layer 2 MPLS connections, where the Service Provider extends MPLS support through VLAN identification, the products presented can also natively support Shortest Path Bridging service termination and pass through. While proprietary network fabric technologies are limited to deployment within a data center and only focus on Layer 2 virtualization, Shortest Path Bridging extends virtualization end to end without the need for MPLS complexity or reliance on proprietary techniques crafted only for use between geographic locations. Not only can Shortest Path Bridging's end to end functionality be extended across existing Layer 2 MPLS connections, but also provide network operators the ability to virtualize many services prior to traversing a Service Providers MPLS cloud typically defined to support a single virtualized service. Proposed products include Virtual Services Platform 4000 and Virtual Services Platform 7000 designed for carrier access where carrier-class features are required and carrier handoff is Ethernet based. While Avaya Virtual Services Platform 4000 and 7000 are proposed, the same base level carrier class features are common across all product families. The base level features as it relates to the RFP for the Virtual Services Platform 4000 have been included in the response to 5.2.5.1 and for the Virtual Services Platform 7000 the features have been included in the response to 5.2.8.2. Carrier Access—Gig Centric with 1 Gig/1 OGig Uplink Capability The Avaya Virtual Services Platform 4000 is the industry's first fabric enabled multiservice and multi- tenant edge device. It extends Avaya Fabric Connect to the Campus, MAN or WAN edge by providing a services rich yet low cost platform for small sites. It plays a critical role in delivering enterprise wide fabric architecture that spans from Data Center to desktop. Leveraging the Linux operating system of Avaya data center core switch, the Virtual Services Platform 9000, the Virtual Services Platform 4000 provides a consistent feature set and command line interface. Its operating system contains many of the same features that contribute to the robustness of the Virtual Services Platform 9000 core platform including: • Flight recorder style logging to help with continuous real time monitoring of internal control message flows • Key Health Indicators that provide a view of system health at all levels such as, OS, system applications and protocols 10 modules, ports, and the forwarding path Virtual Services Platform 4000 hardware is based on the Ethernet Routing Switch 4800 Series product line. Customers can purchase new Virtual Services Platform 4000 systems from the factory (with a choice of three model variants) or can purchase a kit that enables Ethernet Routing Switch 4850 models, rev 10 and higher, to be converted (by adding a software module and cover)to a Virtual Services Platform 4000 system. The following VSP 4000 models exist: • VSP 4850GTS: 48 ports of 10/100/1000 including two shared SFP and two SFP+ uplink ports with optional redundant power. • VSP 4850GTS-PWR+: 48 ports of 10/100/1000 with PoE+ including two shared SFP and two SFP+ uplink ports with optional redundant power. • VSP 4850GTS-DC: 48 ports of 10/100/1000 including two shared SFP and two SFP+ uplink ports with optional DC redundant power. August 30, 2013 ©2013 Avaya Inc. Page 51 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 907 of x7732 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications The Virtual Services Platform 4000 offers a wide range of network services that can be deployed simply, with the following key services offered: • Layer 2 Virtualized Services that extend VLANs across the Fabric including across subnets and long distances. • Layer 3 Virtualized Services that interconnect and extend VRFs across the Fabric • Native routing between Layer 2 and Layer 3 Virtualized Services for access to shared services. • IP Shortcut Routing that enables direct Layer 3 connectivity between individual endpoints without requiring deployment of additional IGPs. Carrier Access— 1 OGig Centric with Gig Capability and Future 0/1 OOGig Support The Avaya Virtual Services Platform 7000 is a Stackable Chassis offering utilizing its Fabric Interconnect as a connectivity building block in Avaya Fabric Connect architecture. The Virtual Services Platform 7000 offering allows for high aggregation Carrier Access needs that may exist with support of all SFP+ interfaces and ability to expand to expand to 256 x interfaces as a single managed solution. As a Carrier Access switch, it features a hardened physical architecture of dual, hot swappable AC or DC power supplies, redundant fan trays (with front to back or back to front cooling options), as well as the providing hot swappable units within a stack. The switch is an important addition for creating always on high performance solutions. The Virtual Services Platform 7000 includes a host of strategic innovations that help enable it to continue to deliver performance and services throughout an extended life cycle. Among the future ready features is the advanced fifth generation ASIC chipset that has been optimized for network operations, including: • Smart packet buffering to deliver lower latencies and efficiently reallocate memory to those ports suffering congestion • Larger table capacities provide for scaling in the carrier space • Embedded services in support of applications such as IPFIX • Native support for the particular computational functionality crucial in high performance data center and metro deployment scenarios Along with individual switching performance of over 1.2 Terabits per second, the switch is equipped with superior CPU and memory resources so that it has the capabilities to execute the algorithms necessary for a successful fabric based infrastructure. When stacking units together utilizing Avaya Stackable Chassis feature, common across the Avaya fixed format switching products, stacking throughput of 5.1 Tbps is achieved (640Gpbs switch to switch) in a stack of 8 x switches. This capability creates a virtual backplane optimizing local traffic flows by always forwarding packets along the shortest path between source and destination, using dedicated high speed interconnections. Offering High Availability for Carrier Access, the Virtual Services Platform 7000 supports Active/Active switching capabilities utilizing Avaya Switch Clustering technology (Split Multi-Link Trunking). While a feature unique to Avaya products, SMLT offers standards based interoperability with third party switches and routers supporting LACP for Link Aggregation. LACP link groups are split between 2 x physically separate Virtual Services Platform 7000 switches or switch stacks with all links actively passing traffic. Not only does this offer increased bandwidth over Active/Standby approaches, it also provides sub- second failover making in service software upgrades and maintenance possible without affecting real time traffic. Leveraging Avaya Fabric Connect from the Carrier Access layer, the Virtual Services Platform 7000 provides direct Layer 2 service creation that can be extended to the data center or across the WAN over a Shortest Path Bridging backbone. Virtualization of individual Layer 2 services could be created for a host of applications including multitenant use, video surveillance, building controls or other applications August 30, 2013 ©2013 Avaya Inc. Page 52 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 908 of x7832 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications requiring isolation and support real time protocols. In addition, the Virtual Services Platform 7000 functions as a very robust Shortest Path Bridging Backbone Core Bridge at the Carrier Access layer supporting Shortest Path Bridging transit links carrying virtualized Layer 2, Layer 3 and virtualized Multicast services end to end. 5.2.9 WIRELESS -Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: • Redundancy and automatic failover • IPv6 compatibility • NTP Support Avaya Response: Avaya Wireless Networking portfolio delivers WLAN solutions that can meet the challenges of today, tomorrow, and into the future. While wire remains the mainstay of office environments, the enhanced throughput and range that 802.11 n offers over 802.11 a, b, and g makes WLAN a viable alternative to wired networking for end user connectivity. The Avaya WLAN 8100 Series is a next generation WLAN solution that delivers high performance that enterprises require. The WLAN 8100 Series architecture embeds the wireless data plane into the switching infrastructure, enabling common hardware reuse, fewer components, and common scalability. Centralized management removes the complexities and cost of supporting multiple overlay networks. Through the 802.11 n wireless standard the solution provides increased throughput, reliability, and range. The WLAN 8100 Series is a complete solution that is ideal for enterprises looking to move users to wireless access for today's leading business, IP Telephony, and converged multimedia applications. We can deliver the following benefits: • Reduce total cost of ownership: The WLAN 8100 Series provides centralized management and removes the complexities of supporting multiple overlay networks (LAN, WLAN, VPN, and network management). This reduces operational costs. • Scalable architecture with separate data and control planes, each of which can scale independently. • Performance: The WLAN 8100 Series provides high performance through the 802.11 n standard. It uses Multiple In, Multiple Out-Orthogonal Frequency Division Multiplex and multiple spatial streams, allowing for high performance levels and improving coverage when compared to prior systems such as 802.11 a, g, and b. Avaya has extensive experience with Multiple In, Multiple Out-Orthogonal Frequency Division Multiplex as a significant contributor to the standards is reflected in the superior radio frequency performance of the Avaya Access Points. • Security: WLAN 8100 Series solution is built around 802.11 i. It supports Wi-Fi Protected Access 2 and other security features that are more robust than those of any wired network. Strong, flexible two-factor authentication and authorization, along with robust protection mechanisms, make the wireless network secure enough to meet your customers' expectations. • E911 support- Emergency Services Location Support— identifies precise location of emergency calls (E-911). • VIEW certification with Avaya Wireless Handsets for proven Wi-Fi interoperability and maximum performance. • Improved VoWLAN (voice) scaling. August 30, 2013 ©2013 Avaya Inc. Page 53 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 909 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Ability to obtain the time from any RFC 2030-compliant NTP or SNTP server. SNTP for time synchronization support primary and secondary NTP server synchronization. • Clustering of Access Point licenses: N-1 resiliency model compared to the industry norm of N+1. In addition to the capability to install resiliency backup controllers. 5.2.9.1 Access Points-A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include: • 802.11 a/b/g/n • 802.11n • 802.11 ac • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) • UL2043 plenum rated for safe mounting in a variety of indoor environments • Support AES-CCMP (128-bit) • Provides real-time wireless intrusion monitoring and detection Avaya esponse: The WLAN Access Point 8120/8120-E is a high performance 802.11 a/b/g/n, Dual Radio, Two Spatial Stream, Multiple Input/ Multiple Output access point. The WLAN Access Point 8120 has an integrated antenna and the WLAN Access Point 8120-E is plenum rated UL 2043 for use with external antennas. The Access Point 802.11 ac is future development and is scheduled for release the first half of calendar year 2014. The Access Point is centrally controlled by the WLAN 8100 Controllers and provides wireless service for mobile clients, including legacy 802.11 a, b, and g clients. The Access Points are managed centrally by the WLAN 8100 Management System. • WLAN Access Points provide wireless access to mobile devices and perform encryption/decryption for wireless traffic, priority queuing and radio frequency monitoring, including rogue Access Point identification and containment. Indoor and outdoor Access Points and external antennas are available. • The WLAN AP 8120/8120-E supports DHCP assisted discovery and DNS assisted discovery of the controllers. • WLAN Controllers control the Access Points and perform key centralized functions such as security, networking, quality of service, and roaming for mobile users. Controllers can be deployed as either standalone wireless controllers or integrated into the Avaya wired portfolio with the control capability running as a virtual machine on a server. • Supports wide range of authentication and encryption standards: — WEP, WPA,WPA2, AES(128-CCMP/TKIP), IEEE 802.1X • Performs automated radio frequency scans to detect rogue Access Points and radio frequency attacks; assists controller in coordinated threat mitigation: — 802.11 i/WPA/WPA2 Security — Performs symmetrical cryptography locally for best performance Strong VoWLAN performance: Supports up to 40% more voice calls per Access Points than other WLAN vendors. August 30, 2013 ©2013 Avaya Inc. Page 64 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 910 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Access Point radio cell recovery feature, recover the radio frequency coverage of a failed Access Point. 5.2.9.2 Outdoor Wireless Access Points - Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include: • Flexible Deployment Options • Provides real-time wireless intrusion monitoring and detection • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) Avaya esponse: The Wireless LAN Access Point 8120-0 is a high performance 2x2 dual concurrent 802.11 n outdoor access point. With certified IP-67 protection, the Wireless Access Point 8120-0 delivers high reliability under harsh outdoor environments. The Wireless Access Point 8120-0 uses a sealed waterproof and dust proof enclosure and provides complete protection against contact with internal components. The Access Point 8120-0 is Wi-Fi Alliance certified. It is centrally controlled by WLAN 8100 controllers and supports DHCP assisted discovery and DNS assisted discovery providing wireless service for mobile clients including legacy 802.11 a, b, and g clients. • Advanced Call Admission Control support • External Antenna; Four antenna ports • Environmental Protection: IEC 60529 IP-67 (sealed dust proof and waterproof) • Access Point 8120-0 delivers high reliability under harsh outdoor environments • Flexible mounting kit provides options for pole mounting (horizontal/vertical), wall mounting and wall mounting with tilt capability(30°). • Performs automated radio frequency scans to detect rogue Access Points and radio frequency attacks; assists controller in coordinated threat mitigation. Access Points can operate in multiple modes providing flexible WIDS/WIPS protection. Avaya also offers advance WIDS/WIPS protection. 5.2.9.3 Wireless LAN Controllers-An onsite or offsite solution utilized to manage light-weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include: • Ability to monitor and mitigate RF interference/self-heal • Support seamless roaming from AP to AP without requiring re-authentication • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic • System encrypts all management layer traffic and passes it through a secure tunnel • Policy management of users and devices provides ability to de-authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic August 30, 2013 ©2013 Avaya Inc. Page 5.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 911 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya s once Avaya WLAN 8100 series Wireless Controller 8180 provides wireless management, control and wireless switching functions. The WLAN 8100 solution can support a cluster of up to 32 Wireless Controller 8180s in a single mobility domain. The Wireless Controller 8180 provides SNMP, Console, Telnet, SSH, and Web interfaces for management. The Wireless Controller 8180 is a high capacity WLAN controller for medium to large size enterprise deployments. The Wireless Controller 8180 is a complete enterprise grade WLAN solution, which combines the latest industry 802.11 n standards with a new truly unified wired and wireless architecture. The Wireless Controller 8180 provides centralized management and the latest security standards to support large scale deployments and to mainstream WLAN connectivity. Used with our Identity Engines policy authenticated network architecture you have full control of your network and is based on the notion of authentication of all users on a network and the association of each user with a particular set of network entitlements. Access can be granted based on device, vpn, wired, wireless, user, time of day, or location. User credentials can be defined from multiple user data stores (Radius, Active Directory, Kerberos, and LDAP). Benefits are improved security and granular control: Secured wireless and guest access, role based access control and compartmentalization of the network to segment and protect data. Key features • The Wireless Controller 8180 offers high performance and service resiliency designed for voice and multimedia applications. • The Wireless Controller 8180 enables Layer 2 and Layer 3 seamless roaming among all access points and peer controllers without the need to re-authenticate. • Shares user authentication information and associated policies with other Wireless Controller 8100 series controllers to minimize delay and jitter while roaming. • Offers dynamic Call Admission Control based on codec and traffic prioritization, and protects and guarantees consideration for delay and jitter sensitive traffic like VoIP and MMoIP. • Offers Quality of Service and supports 802.11 e, Wi-Fi Multimedia, Differentiated Services Code Point, 802.1 p, and IP Type of Service. • Has a resilient design with dual redundant power supplies and a field replaceable fan tray. • Centralized Access Point management that provides networking, security, Quality of Service, radio frequency management, image management, and roaming. • Efficient and flexible load balancing of Access Points across controllers. • 30,000 wireless clients per controller. • Captive Portal with guest management with WLAN Management Software or Identity Engines. • Controllers can be deployed as either standalone wireless controllers or integrated into the Avaya wired portfolio with the control capability running as a virtual machine on a server. 5.2.9.4 Wireless LAN Network Services and Management- Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include: • Provide for redundancy and automatic failover • Historical trend and real time performance reporting is supported • Management access to wireless network components is secured August 30, 2013 ©2013 Avaya Inc. Page CC - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 912 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • SNMPv3 enabled • RFC 1213 compliant • Automatically discover wireless network components • Capability to alert for outages and utilization threshold exceptions • Capability to support Apple's Bonjour Protocol/mDNS • QoS/Application identification capability Avaya Response: Avaya WLAN Management Software is a comprehensive design and management tool that identifies ideal access point locations on detailed floor plans, configures all devices with a single click WEB UI and provides granular monitoring and reporting for complete visibility and control over the entire system. Provides everything needed to handle troubleshooting and to support calls for enterprise wide converged wireless services through granular monitoring. Key Features: • Delivers integrated tool suite for pre and post deployment system wide configuration and upgrades, ongoing monitoring, and reporting. • Site Model Designer graphical tool for selecting controllers and Access Points for configuration, status/performance monitoring and monitoring the inventory of Access Points and controllers. • Sub-second data plane failover(support for a fail over that can happen in under a second). • Delivers full fault and event management capabilities. • Supports SNMP v3 and RFC1213. • Supports secure SSH with source management access list and audit logging. • Detects/discovers and maps location of coverage holes, rogue Access Points, and users. • Enables administrators to perform system wide updates with a single key stroke and see what's happening via a graphical interface. • Supports Quality of Service and supports 802.11 e, Wi-Fi Multimedia, Differentiated Services Code Point, 802.1 p, and IP Type of Service. • Enhanced Distributed Channel Access settings for voice data. High priority queue, minimum delay, supporting time sensitive data such as VolP and streaming media. • Offers dynamic Call Admission Control and traffic prioritization, protects and guarantees consideration for delay and jitter for sensitive traffic like VolP and MMolP. • Dynamic Call Admission Control admits requests based on the measured real time traffic load and/or number of stations and only admitted if its Quality of Service constraints can be satisfied without jeopardizing the Quality of Service constraints of existing calls in the network. • Avaya Real Time Location Services allows enterprises to track personnel and assets as they move within the Avaya WLAN 8100 Series network. • Accepts multiple levels of administrator access to support delegated management structures. • Offers enhanced radio frequency pattern accuracy through importation of radio frequency data and maps from EkahauTM site survey tool. • Generates a detailed radio frequency map showing calculated radio frequency coverage on floor plan. August 30, 2013 ©2013 Avaya Inc. Page 57 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 913 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Verifies radio frequency mapping and coverage zones. • Tracks user location, bandwidth rate, and usage statistics. • Enables export of all system statistics in tables and graphs. • Calculates WLAN topology, and configurations including power level and channel settings. • Provides system wide configuration and updates in a single step. • Alerts administrators of conflicting change requests. • Captive Portal with guest management with WLAN Management Software or Identity Engines. • Runs on common server platforms including Windows 2000, 2003, and 2008 Servers, and LINUX. • Supported on VMWare. 5.2.9.5 Cloud-based services for Access Points - Cloud-based management of campus-wide WiFi deployments and distributed multi-site networks. Capabilities include: • Zero-touch access point provisioning • Network-wide visibility and control • RF optimization, • Firmware updates Avaya esponse: While no branded cloud offering exists as a Service Provider offering, Avaya WLAN 8100 series portfolio can leverage the ability for an Enterprise to provide a private cloud-based offering for campus wide and distributed multisite networks. Distributed processing added to the WLAN 8100 series Access Points early next year, will add additional deployment flexibility. The WLAN 8100 product provides zero touch access point provisioning, leveraging DHCP options to instruct the Access Point where the WLAN controller(s) exists. Default Network and Radio profiles, managed by the WLAN 8100s WLAN Management Software system and resident on the WLAN controllers, allow automated Access Point configuration upon deployment. Firmware updates for Access Points are controlled and managed by the WLAN controllers, while providing flexibility in pushing updates to Access Points. Understanding the specific environment where Access Points are placed allows the WLAN 8100 series controller to automatically optimize radio frequency channel and power usage for the specific environment. 5.2.9.6 Bring Your Own Device (BYOD) - Mobile Data Management (MDM) technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include: • Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless • Provide user and devices authentication to the network • Provide secure remote access capability • Support 802.1x August 30, 2013 ©2013 Avaya Inc. Page SES - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 914 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Network optimization for performance, scalability, and user experience Avaya esponse: While Avaya is not proposing MDM software, controlling device specific application use, Avaya Identity Engines portfolio works with third party MDM offerings to extend identity aware network access for a holistic BYOD strategy. Avaya Identity Engines product family is a standards based, identity aware Network Access Control suite, having won Best of Interop finalist at Interop last year. As a vendor agnostic Policy Enforcement Engine, Avaya Identity Engines portfolio integrates with any current network infrastructure and MDM software to provide the central policy decisions needed to enforce roles based Network Access Control. This is accomplished by combining the best elements of a next generation RADIUS/AAA server, the deep directory integration found in application identity offerings, and one of the industry's most advanced standards based policy engines. All this is done out-of-band for maximum scalability and cost effectiveness. The Avaya Identity Engines portfolio provides the following key features: • Centralized AAA: Provides centralized RADIUS and TACACS+AAA services for network devices. • Highly advanced, standards based Extensible Access Control Markup Language policy engine: Applies access policies consistently and transparently across the network. • Easy deployment model: Integrates seamlessly with existing networks and directories in a vendor agnostic approach. • Simple policy set up: Manage access policies, posture check policies, VLAN provisioning rules, user store connections, and network switch security profiles via a simple user interface. • High availability: Provides a highly available RADIUS and TACACS+ server as well as a highly available database service for Ignition policy decisions. • Powerful user identity services: The administrator determines how Ignition searches multiple user stores for user credentials, user attributes, and groups. • Dynamic session provisioning: Assigns each user to an appropriate VLAN, based on the attributes of the user or the context of the login. • Rich support for non-802.1X devices: Industry leading MAC address authentication features to handle non-802.1X devices such as medical equipment and printers. • Guest management: Securely supports guest and temporary users. • User monitoring: Monitors users' network sessions in real time, keyed to identity. • Reporting: Automatically generates and distributes network usage and authentication reports. • TACACS+: Can be deployed to authorize and log all administrator actions on switches and devices that support TACACS+ authorization. Automation of Windows based 802.1x supplicant provisioning, for eithertemporary or permanent use, through a dissolvable client. Captive Portal functionality for wired or wireless users, where client 802.1x controls may not have been provisioned or are not warranted, providing controlled access to Network resources while establishing a unique fingerprint for each device. Combined with automation of 802.1x supplicant provisioning and Guest Management, establishes a foundation for BYOD initiatives. August 30, 2013 ©2013 Avaya Inc. Page 59 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 915 of x7832 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Identity Engines Components: • Identity Engines Ignition Server • Identity Engines Ignition Server—Additionally Licensed Features • Identity Engines Guest Manager • Identity Engines Access Portal • Identity Engines Client for Accessing the Secure Enterprise Administration Please see the response to 5.2.6 where a full product description has been provided for the Identity Engines components. 5.3.0 UNIFIED COMMUNICATIONS (UC) -A set of products that provides a consistent unified user interface and user experience across multiple devices and media types. Unified Communications that is able to provide services such as session management, voice, video, messaging, mobility, and web conferencing. It can provide the foundation for advanced unified communications capabilities of IM and presence-based services and extends telephony features and capabilities to packet telephony network devices such as IP phones, media processing devices, Voice over IP (VoIP) gateways, and multimedia applications. Additional services, such as unified messaging, multimedia conferencing, collaborative contact centers, and interactive multimedia response systems, are made possible through open telephony APIs. General UC solution capabilities should include: • High Availability for Call Processing • Hardware Platform High Availability • Network Connectivity High Availability • Call Processing Redundancy Avaya es onset Avaya Aura°is a communications architecture and solution that can help transform any organization by improving communications, simplifying complex networks, and reducing infrastructure costs. As a next generation network architecture featuring an enterprise wide approach based on the IP Multimedia Subsystem reference architecture, Avaya Aura° represents a departure from a TDM PBX architecture, an IP PBX architecture, and a soft-switch architecture. The solution consists of the following core applications: • Avaya Aura°Session Manager • Avaya Aura°Communication Manager • Avaya Aura°Communication Manager Messaging • Avaya Aura°Agile Communication Environment • Avaya Aura°Application Enablement Services • Avaya Aura° Presence Services • Avaya Aura°Session Border Controller The architecture helps meet the needs of business users by allowing IT departments to rapidly deploy needed applications and capabilities to users regardless of their location, access device, or network. Avaya Aura°is evolutionary, allowing the re-use of existing assets and the capability to incrementally add August 30, 2013 ©2013 Avaya Inc. Page 70 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 916 of x7812 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications new capabilities. It allows optimizing the current network while laying the foundation to move to a more user centric model. The solution also provides significant new business agility and cost savings opportunities by changing how communication solutions are designed and deployed. It decouples business communication applications from a specific PBX so that it no longer defines the relationship between users and their communication services. This agility makes these systems as a whole more resilient. Fewer dependencies also mean that a change at any one location has limited impact. Tangible Benefits of Avaya Aura° The Avaya solution provides administrators with the ability to manage real time, standards based, multivendor unified communications apelications environments that deliver reliability, scalability, manageability, and quality. Avaya Aura creates many opportunities to reduce the operational expense associated with the communication infrastructure. In addition, the infrastructure can be upgraded to this architecture while maintaining, or even enhancing, the value of the existing assets in the following ways. Centralization Centralization benefits include: • Centralized Management: Avaya Aura°System Manager is the single administration vehicle for the enterprise and the single point of management for logging, call tracing for debugging, and alarming. • Centralized Deployment of Applications: Traditionally, each business user is provided service by a PBX within the enterprise. When additional unified communications capabilities such as messaging and desktop clients are provided, separate applications are deployed with the PBX and IT is left to support multiple application servers from multiple vendors in addition to the PBX network. Avaya Aura° reduces the complexity and cost associated with application deployment by supporting a centralized deployment model, which allows users from different PBXs to access services from a single instance of an application. • Trunk Consolidation: For larger enterprises and some small customers, it is difficult to effectively manage the costs of trunks. Small pools of resources spread throughout the network leads to inefficient resource utilization. Centralized trunking that moves many, but not all, trunks from the network edges to the core creates scaled efficiencies. • The cost benefit of centralized management is that the IT organization can make administration chanes once and then System Manager will transmit the data to all affected applications. Avaya Aura Session Manager removes the traditional complexities associated with trunk consolidation and the centralized pool allows IT to reduce the total number of trunks required to support the enterprise. Traffic can be routed over the best path at the lowest cost at any time of the day from any location within the enterprise, providing effective long distance calling across the enterprise. These capabilities simplify the ongoing analysis of traffic measurements to maintain an optimal number of trunks in the future. The remaining edge trunks are now efficiently shared throughout the enterprise by Avaya Aura°for Tail End Hop Off. • Reduced Footprint: Avaya understands that green initiatives are important as a means of both saving on expenses and lessoning the environmental impact. Centralization of applications, trunks, and media resources leads to efficiencies of scale that reduce the footprint and power consumption of the solution. IP trunks from the Service Provider reduce the need for DSP resources in gateways, which reduces gateway expense and footprint. Simplification Simplification benefits include: August 30, 2013 ©2013 Avaya Inc. Page 71 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 917 of x7832 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Call Routing Simplification: Even with a flattened and consolidated infrastructure, administrators are left to manage multiple PBX systems, often from multiple vendors. Dial plan and call routing tables are subject to change as the result of organic growth by adding new locations and their PBXs to the network; business contraction by removing a PBX; or a merger or acquisition that adds a PBX, possibly from a new vendor. Avaya Aura removes this complexity by allowing changes to be made in one location. • Long Distance Cost Management: Centralized management and call routing simplification make it easy to implement inter-office on-net routing, Tail End Hop Off, and least cost routing across multiple carriers. The Avaya one-X° Mobile client can further reduce long distance costs, especially for international calls, via mobile hop on. Agility and Reduced Time to Market • Typically the capabilities or services that the user has access to are entirely dependent on the PBX that is servicing the user. Avaya Aura°removes this limit by providing capabilities to users and standard interfaces for the development of new applications. • Deployment of Sequenced Applications: Session Manager provides the ability to add new applications that run side by side with Avaya Aura°Communication Manager without requiring changes to existing applications. It contains a user profile for each user, which contains the applications that the user is associated with. The value of this approach is that adding a new application or service for a user is as simple as deploying the application on an application server and administering the user profile to allow that user to access to the service. Delivery of New Services The benefits of delivering new services include: • Development of New Services: Avaya Aura°removes the complexity of new feature development with its ability to deploy sequenced applications. New services can be developed by Avaya Professional Services, ISVs, or in house developers, and the development of a sequenced application is not tied to PBX software release schedules. This enables a best of breed approach that provides options and flexibility. • New Services for Users on Legacy PBXs: The services available to a user on a legacy PBX remains largely tied to the capabilities of the PBX. Avaya Aura°allows administrators to provide enhanced services to a small group at an existing site by providing those users with a SIP endpoint that registers to the core while leaving the legacy PBX in place for the rest of the community. As integral components of the Avaya Converged Infrastructure, Avaya Servers and Media Gateways provide highly flexible, scalable, standards based building blocks that can be mixed and matched to create customized solutions. This enables the centralized management efficiency of a single, streamlined network while delivering best in class call processing quality and availability that have made Avaya the communication solution provider that more than 90% of FORTUNE 5000 companies rely on every day. Avaxa Common Servers leverages the powerful capabilities of the next generation HP ProLiant and the Dell PowerEdge servers to provide the reliability, scalability, and processing power required for the Avaya communications solutions, and they are used across the wide range of Avaya products. These servers incorporate Intel Xeon E5600 series processor technology and deliver the capabilities required for real time communications applications in a 1 U form factor. Avaya Servers and Media Gateways can be mixed and matched to create custom convergence solutions to meet enterprise scalability requirements. Communication Manager software is the open, highly reliable and extensible IP Telephony foundation on which Avaya delivers unified communications solutions to enterprises large and small. It delivers rich August 30, 2013 ©2013 Avaya Inc. Page 72 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 918 of a7932 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications voice and video capabilities and provides for a resilient, distributed network of gateways and analog, digital and IP-based communication devices. In addition, Communication Manager boasts robust PBX features, high reliability and scalability, and multi protocol support. It includes advanced mobility features, built in conference calling and contact center applications, and E911 capabilities. Communication Manager effectively scales from less than 100 users to as many as 36,000 users on a single system and to more than one million users on a single network. Avaya Aura° builds on the highly reliable and extensible IP-based Communication Manager software and brings it together with the SIP-based Session Manager capability. This powerful combination makes it possible to unify media, modes, networks, devices, applications, and real time actionable presence across a common infrastructure to create on demand access to services and applications. The result is a platform for fully exploiting the value of converged communications, satisfying the needs of employees and customers, and quickly distributing the enhanced applications that deliver improved performance while driving down overall costs and simplifying system management. Communication Manager provides robust PBX features, high reliability and scalability, and multi protocol support. It includes advanced mobility features, built in conference calling, contact center applications, and E911 capabilities. It provides user and system management functionality, application integration and extensibility, and enterprise communications networking. It can be deployed as either an Evolution Server or a Feature Server within the Avaya Aura°architecture. Designed to run on Avaya Common Servers as well as Avaya 58300 Servers, Communication Manager provides a range of capabilities to enable the virtual enterprise, including: • Robust voice and video call processing capabilities across a resilient distributed network of media gateways and a wide range of analog, digital, and IP-based communication devices • Advanced workforce productivity and mobility features • Built in conferencing and contact center applications • Centralized voicemail and attendant operations across multiple locations • E911 capabilities • Support for SIP, H.323, and many other industry standard communications protocols over a variety of different networks, enabling centralized voice mail, attendant operations, and call centers across multiple locations • More than 700 powerful features • High availability, reliability, and survivability designs Optional Survivable Core key features include: Survivable Core server configuration supports core survivability in deployment and is available with both Avaya Common Server simplex and duplex installations. Failover and failback to Survivable Core processors is connection preserving on the Avaya G430 and G450 Media Gateways. As many as 64 Survivable Core servers can be installed. Optional Survivable Remote Survivable Remote server configuration supports survivability at the branch and can be deployed on an Avaya 58300 server installed in an Avaya G430 or G450 Media Gateway, or on a simplex Avaya Common Server for larger locations, the Survivable Remote server provides full feature functionality at remote locations for H.323 as well as analog and digital stations and trunks. August 30, 2013 ©2013 Avaya Inc. Page 73 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 919 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications SIP Feature Expansion Communication Manager supports the followin�capabilities on compatible Avaya one-X° Deskphones using SIP firmware, as well as on Avaya one-X Communicator softphones: • Per Button Ring Control: Administrators can configure individual line appearances to audibly ring or silently alert as required by users • Call Pickup Alerting: Adds visual alerting of incoming calls to call pickup buttons • Avaya one-X° Portal SIP Integration: The one-X Portal user interface may be used with SIP telephones to allow thin client capabilities to users around the world • Avaya one-X° Mobile SIP Integration: The one-X Mobile clients may be used with SIP telephones to add simultaneous ringing, seamless call transfer between devices, and robust mobility features • Internal Calling Party Number Block: Brings the name and number privacy features enjoyed for outside calls to internal calls for SIP telephone users • Call Park/Un-park Button: Greatly simplifies the procedures and user interface for parking and un- parking calls to SIP telephones Other key features include: • Telephony: Provides a comprehensive set of telephony features, including auto attendant, call transfer, and call forward • Mobility: Provides extensive in/out of building wireless choices and hot decking features such as Extension to Cellular, Personal Station Access, and Automatic Customer Telephone Rearrangement to extend Communication Manager features to users no matter where they are working • Collaboration: Provides built in features such as six party Meet Me Conferencing or the optional 300 party Expanded Meet Me Conferencing • Call Center Integration: Provides for easy integration of call center applications such as Avaya Call Management System for real time reporting and performance statistics, and Avaya Business Advocate for expert predictive routing based on incoming calls rather than historical data • Application Integration: Allows IT application developers to leverage Communication Manager functionality via standard Web Services interfaces to enable integration of business and communication applications with real time telephony • G.711 Music on Hold: Provides an optional enhancement whereby the clarity and sharpness of the G.711 codec can be used when playing music on hold to callers SIP based routing provides additional centralized control capabilities and significant improvements in scale, enabling more cost effective and larger distributed deployments for enterprises. Session Manager overlays the existing PBX infrastructure for an evolutionary path forward that protects investments in Avaya systems and software. High Availability Session Manager is a fully redundant SIP core that easily survives network and hardware failures to provide more than 99.999% uptime of reliability. Together with the Avaya 9600 series SIP endpoints, it provides active/active SIP service to endpoints in the enterprise. Service automatically switches between active Session Managers should network problems occur and recovers without user or administrator intervention. The Avaya 9600 series SIP endpoints and Avaya one-X°Communicator, a softphone, simultaneously register with multiple Session Managers at the core and the branch. August 30, 2013 ©2013 Avaya Inc. Page 74 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 920 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications High availability and disaster recovery is supported for up to ten Session Manager instances in an enterprise. The instances provide redundancy and can be implemented within the same data center or in geographically separated data centers around the world. An active/active approach is used, where all instances are simultaneously active. Each SIP Entity or endpoint registers with two Session Manager instances, a primary and a secondary. Any requests go to the primary instance unless it cannot be reached, in which case the secondary one is used. This is an important concept for reliability and for distributing traffic across the network. The Communication Manager Survivable Core and Survivable Remote server capabilities continue to be available to support analog, digital, and H.323-based IP stations and trunks. Branch Survivability Survivable remote sites include a Survivable Remote Session Manager and Survivable Remote Communication Manager. SIP telephones simultaneously register to the main, backup, and the Survivable Remote Session Manager. During a WAN outage, the SIP telephones failover to the Survivable Remote Session Manager for call routing, and the Survivable Remote Communication Manager for feature functionality. The branch survivability option is based on Avaya Aura°System Platform, which allows both the Survivable Remote Session Manager and the Survivable Remote Communication Manager to be mounted on the same server. This server option of the Communication Manager allows a business to implement additional options for survivability. The server is capable of taking over for the entire enterprise or, if needed,just a portion of the enterprise in the event that an outage has occurred. The Survivable Core server takes over for the main Communication Manager server in the event of server hardware failure or a network outage. The main server can be configured as either a Feature Server (providing service for SIP telephones only) or an Evolution Server(serving both SIP and non-SIP telephones). A Survivable Core server can support Communication Manager servers configured as Feature Servers or Evolution Servers so that both SIP and non-SIP endpoints are covered. Avaya Aura°enterprise cloud communications support Survivable Core servers in either duplicated or simplex configurations. In a Survivable Core environment, a main Communication Manager server can be: • A simplex Avaya Common Server, supported by a simplex Survivable Core server • Duplex Avaya Common Servers, supported by either simplex or duplex Survivable Core servers, the latter of which use software duplication for additional redundancy The Avaya Common Server is used for both the simplex and the duplex Survivable Core servers. Each Communication Manager main server instance can be backed up by up to 63 Survivable Core instances in the same or geo-redundant locations, data centers, and/or subnets. Through careful planning and consideration, the Survivable Core servers are placed in various locations in the network. The Media Gateways in the enterprise maintain a priority list of Survivable Core servers with the main Communication Manager server always assigned as the highest ranking server. Each Survivable Core server is administered on the main server and during administration priority values are assigned to the Survivable Core server(s). System translations are automatically synchronized between the main Communication Manager server and the Survivable Core server(s). Once they receive the translations, the administered values are advertised to every Media Gateway in the configuration and are used by them to prioritize the Survivable Core servers. If the Media Gateway loses connectivity to the main server, it will request service from the Survivable Core server that has the next highest priority rating. If that request for service fails, the Media Gateway will make a request to the next highest priority server, and so on, until it is able to get service. August 30, 2013 ©2013 Avaya Inc. Page 7.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 921 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Benefits The benefits of deploying Survivable Core servers include: • Enhanced survivability of communications is achieved by deploying Survivable Core servers at key points in the enterprise network • Flexibility in how the system fails over and protection against network failures, catastrophic main server failures, or both • Full feature availability in survivability mode since the Survivable Core servers support all Communication Manager features • Ease of administration since all translations are performed at one central point, the main Communication manager server, and are then automatically synchronized to all Survivable Core servers • Ease of use since the Survivable Core servers provide automatic failover and failback 5.3.0.1 IP Telephony- Solutions utilized to provide the delivery of the telephony application (for example, call setup and teardown, and telephony features) over IP, instead of using circuit- switched or other modalities. Capabilities should include: • Support for analog, digital, and IP endpoints • Centralized Management • Provide basic hunt group and call queuing capabilities • Flexibility to configure queue depth and hold time, play unique announcements and Music on Hold (MoH), log in and log out users from a queue and basic queue statistics (from the phone • E911 Support Avaya es onset The Communication Manager Survivable Core and Survivable Remote server capabilities continue to be available to support analog, digital, and H.323-based IP stations and trunks. Avaya Contact Center Control Manager provides centralized operational administration for Avaya contact center products through an intuitive browser based interface. It allows one time definition and ongoing management of data and functions relevant to contact center systems such as agents, skills, vector directory numbers, vectors, service hours tables, vector routing tables, holiday tables, extensions, announcements, call flows, CTI, IVR working hours, dynamic prompts, and menu content. After the functions and data are defined, they are automatically provisioned to all relevant Avaya contact center products. Avaya Contact Center Control Manager seamlessly integrates with and supports operational administration of the following Avaya products. Avaya Aura°Communication Manager Avaya Call Management System Avaya Aura° Presence Services Avaya IQ Avaya Aura°Session Manager Avaya Aura°Contact Center August 30, 2013 ©2013 Avaya Inc. Page 75 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 922 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya SIP Enablement Services- Avaya Interaction Center Avaya Modular Messaging Avaya Contact Center Express Avaya Aura° Messaging Avaya Proactive Contact Avaya Communication Manager Messaging Avaya Aura°Application Enablement Services Avaya Aura°Collaboration Server Avaya one-X°Communicator Avaya Aura° Experience Portal Avaya one-X° Mobile Avaya Proactive Outreach Manager Avaya one-X° Portal Avaya Interactive Response Avaya one-X°Agent Key Features and Benefits Avaya Contact Center Control Manager offers the following features and benefits: • Centralized management and administration of all contact center applications • User friendly, Web-based, highly personalized, thin-client application interface • Simplifies administration and reduces labor intensive administrative tasks • Non-technical staff can perform administrative tasks easily • Full tenant partitioning with role based access controls • A single deployment of Avaya Contact Center Control Manager supports multiple Communication Manager systems • Seamless transition for customers with a mixed environment of Avaya Contact Center products • Negligible hardware requirements, a green solution enabling virtualization and cloud networking, and processing • A scalable solution that accommodates organizations of all sizes • Intuitive visual call flow design and vector management • An unlimited number of virtual groups can be managed and agents can be assigned to multiple virtual groups • Full Microsoft°Active Directory integration with single sign on functionality ACD is an Communication Manager feature that processes high volume incoming, outgoing, and internal calls and then distributes them to groups of extensions called hunt groups or splits. In Avaya Aura°Call Center Elite, hunt groups or splits are referred to as skills. Calls to a specific skill are automatically August 30, 2013 ©2013 Avaya Inc. Page 77 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 923 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications distributed among the agents that possess the desired skill. Calls queue to the skill until an agent is available. ACD allows the administrator to create an efficient call management environment. The administrator can add or remove skills from the system, add or remove announcements, add or remove agents, call treatments assigned to a skill, add trunk groups, and route calls to the appropriate skills. The administrator can also specify ACD measurement criteria to provide reports on ACD efficiency. Call Center Elite can allow your staffed agent to be active in as many as 120 assigned skills. With Expert Agent Selection active, you can administer agents to accept delivery of inbound ACD calls under call surplus conditions using Greatest Need, Service Level Maximizer, or Skill Level with support for up to 16 different levels per skill. You can set the Call Center software to maintain a separate queue for available agents in each skill ensuring that when agents answer an ACD call they are only removed from the available agent queue for the skill for which that call arrived. Or, you can create one system wide combined queue for all staffed agents, ensuring that staffed agents are removed from the queue whenever they answer a call for any of their assigned skills. Logical Agent This feature is a capability of the Expert Agent Selection feature. With it, an agent's ACD Login ID is associated with a particular telephone only when the agent actually logs in at that telephone. When the agent logs off, the association of an agent's ACD Login ID with a particular telephone is removed. The feature allows ACD agents to log into any telephone on the system regardless of type, designation, or location. This can be very useful when additional ACD positions are needed on short notice or when a disaster strikes. All agents in the system can be designated as Logical Agents if desired. In addition to skills, the following capabilities are associated with agents' login IDs: • Calls: Calls to the Login ID reach the agent independent of the telephone the agent is currently using. These can be also be made directly to the agent. • Name: Calls to the Login ID display the name associated with the Login ID and not the name associated with the telephone. • Coverage: When the agent is logged out, or when calls go to coverage because the agent is busy or does not answer, calls to the Login ID go to the coverage path associated with the agent and not the telephone. When an agent is logged out, calls go to the agent's busy coverage destination. • Restrictions: Calls to the Login ID or from the agent use the restrictions associated with the agent and not the telephone. • Work Modes: A single work mode button applies to all the skills assigned to the agent currently logged in. The Multiple Skills feature allows agents to log in to up to 60 skills simultaneously. • Message Waiting Lamp: This lamp by default tracks the status of messages waiting for the logged in Expert Agent Selection Login ID rather than messages for the physical terminal. If desired, the Message Waiting Lamp can be programmed to track the physical terminal. • Auto-Answer: With Expert Agent Selection, auto answer settings can be assigned to agents on the Agent Login ID form. An agent's auto answer setting will apply to the station where the agent logs in. If the auto answer setting for that station is different, the agent's setting overrides the station's setting. Add or Remove Agent Skills This feature allows an agent using Expert Agent Selection to add or remove skills. A skill is a numeric identifier that refers to a specific ability of an agent. For example, an agent who speaks English and Spanish could be assigned a language-speaking skill with an identifier of 20. The agent then adds skill 20 August 30, 2013 ©2013 Avaya Inc. Page 78 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 924 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications to his or her set of working skills. If a customer needs a Spanish speaking agent, the system routes the call to an agent with that skill. Each agent can have up to four active skills, and each skill is assigned a priority level. Service Level Maximizer This feature allows the administrator to set a defined percentage of calls answered in a set amount of time. When active, the software verifies that inbound calls are matched with agents in a way that makes sure that the administered service level is met. Variables in Vectors The vector variables are defined in a central variable administration table, but the values assigned to some types of variables can also be quickly changed by means of special vectors, VDNs, and feature access codes that are created for that purpose. Different types of variables are available to meet different types of call processing needs. Depending on the variable type, variables can use either call specific data, or fixed values that are identical for all calls. In either case, an administered variable can be reused in many vectors. Vector Routing Tables There are 100 Vector Routing Tables containing up to 100 entries per table that are used to store ANI/CLID or digits that you refer to in go to vector steps. ANI can be tested to see if it is either in or not-in the specified table. Reason Codes This feature allows agents to enter a numeric code that describes their reason for entering auxiliary work mode or for logging out of the system. Reason codes give call center managers detailed information about how agents spend their time. Enterprises can also use this data to develop more precise staffing forecasting models or use it with schedule adherence packages to see that agents are performing scheduled activities at the scheduled time. Forced Agent Logout from After Call Work This feature allows administrators to define a set amount of time that the enterprise believes is reasonable for an agent to be in the After Call Work mode and automatically log the agent out when the time is complete. The timeout period can be specified on a system wide basis and on a per agent basis. Holiday Vectoring This feature enables a set of commands that can be used to write vectors for calls to be routed on holidays or any days when special processing is required. The feature allows for branching and routing of calls based on information about special schedules. These special schedules are recorded in tables. Service Hours Table Routing Similar to Holiday Table Routing, Service Hours tables offer the ability to have different hours of operation for each day of the week with only one vector step, eliminating the need for a series of potentially complex go to if time of day vector steps. The tables can be defined to contain office working hours specifications used for testing in call vectors. Location Preference Distribution This feature provides the option attempt to connect an incoming ACD call to an Expert Agent Selection agent within the same location/network region as the ACD call's trunk facility. This reduces the quantity of incoming ACD calls because their trunk arrival destinations are distributed to agents across the interconnecting WAN or other facilities, allowing inter-node bandwidth to be used for other purposes. It August 30, 2013 ©2013 Avaya Inc. Page 79 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 925 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications also improves operational networking costs by reducing the amount of intra-switch network traffic and improves audio quality. Best Service Routing This feature allows the communication server to compare specified skills, identify the skill that will provide the best service to a call, and deliver the call to that resource. If no agents are currently available in that skill, the call is queued. To respond to changing conditions and operate more efficiently, Best Service Routing monitors the status of the specified resources and adjusts call processing and routing as appropriate. This feature is available in both single and multisite versions. Single site compares skills on the local communication server to find the best resource to service a call. The multisite extends this capability across a network of communication servers, comparing local skills, remote skills, or both, and routing calls to the resource that will provide the best service. Single site Best Service Routing is a simple, logical extension of call vectoring. Like any other vector, vectors with Best Service Routing commands are assigned to one or more VDNs. The administrator uses vector commands to tell the communication server to compare, or consider, specific skills for each call that is processed in that particular vector. Throughout the comparison, the server remembers which resource is the best based on how best is defined. Best Service Routing vectors can deliver a call to the first available agent found, or they can consider all of the specified resources and deliver the call to the best skill. If no agents are available in any skill, the call is queued to the skill with the shortest adjusted expected wait time. For purposes of calculating the best resource in a call surplus situation, the feature allows the administrator to adjust the expected wait time calculation for any skill. Forced Agent Logout by Clock Time This feature provides the ability to automatically log out an Expert Agent Selection agent based on an administered time of day setting. Route Calls to Agent by Skill Level This feature enables additional control of how inbound ACD calls are routed to staffed agents by further qualifying agent selection based on skill level in addition to existing criteria. By using administered skill levels 1 to 16 as an additional criterion, the agent that will be routed to an ACD is no longer necessarily selected from the top of the skill queue. This allows, for example, the ability to indicate a preference to reserve the best agents for high value calls or critical conditions, or to route low value calls to agents with low skill levels. Percent Allocation Routing This feature provides a way to route incoming calls to different resources based on the percentage of calls to be distributed to each resource. Toll free inbound calls and other types of traffic can be allocated among outsourcers and internal resources on a percentage basis. Interruptible Auxiliary Work This feature offers improved utilization of call center resources for enterprises who wish to selectively override non-talk work modes. It provides a way to utilize staffed agents who are in Auxiliary Work mode for certain Reason Codes to handle incoming ACD calls when needed. Call centers gain additional flexibility in agent utilization by administering certain Auxiliary Work Reason Codes as interruptible for priority customers. When a service level threshold is exceeded, agents in Auxiliary Work mode with an interruptible Reason Code are notified by a display message, flashing buttons, and an audible tone. Notification continues until the agent becomes available, logs off, or the service level threshold is no longer exceeded. August 30, 2013 ©2013 Avaya Inc. Page 80 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 926 of x7912 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications The service level target is administered as a percentage of calls answered within a specified number of seconds. If, for example, 90% or more of calls are answered within 15 seconds, then the skill is meeting the service level target. If fewer than 90% of calls are answered within 15 seconds, then the skill is not meeting the service level target and interruptible agents in Auxiliary Work mode start getting interrupted. Capacities: • 120 skills per agent • 30,000 VDNs • 8,000 skills per ACD • 8,000 policy routing tables • 24,000 policy routing table routing points • 8,000 vectors • Maximum of 10,000 agents can be logged in simultaneously • Maximum of 30,000 administered agent login IDs Communication Manager provides robust PBX features, high reliability and scalability, and multi protocol support. It includes advanced mobility features, built in conference calling, contact center applications, and E911 capabilities. It provides user and system management functionality, application integration and extensibility, and enterprise communications networking. It can be deployed as either an Evolution Server or a Feature Server within the Avaya Aura°architecture. 5.3.0.2 Instant messaging/ Presence - Solutions that allow communication over the Internet that offers quick transmission of text-based messages from sender to receiver. In push mode between two or more people using personal computers or other devices, along with shared clients, instant messaging basically offers real-time direct written language-based online chat. Instant messaging may also provide video calling, file sharing, PC-to-PC voice calling and PC-to-regular phone calling. Avaya Response: Avaya Aura°is the flagship communications solution for next generation, people centric collaboration. It is based on a revolutionary SIP architecture that makes it possible to unify media, modes, networks, devices, applications, and real time, actionable presence across a common infrastructure. This creates an environment where users have on demand access to advanced collaboration services and applications that deliver enhanced customer access, improved employee efficiency, and lower total cost of ownership. Avaya Aura° Presence Services is an integral component of the Avaya Aura°solution. It is a foundational element utilized by Avaya and third party applications to collect and distribute rich presence information and Instant Messaging capabilities throughout an enterprise and is included as an entitlement with both Avaya Aura°Standard Edition and Avaya Aura°Enterprise Edition. Avaya Aura° Presence Services is available in two options: • As software only, running on customer provided servers • As a template that runs on Avaya Aura°System Platform, the Avaya virtualization technology, which requires an Avaya Common Server platform Key Features Avaya Aura° Presence Services provides the following key features: August 30, 2013 ©2013 Avaya Inc. Page 81 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 927 of x7932 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Robust, Aggregated Presence Information: Presence information from telephony, desktop, and other applications is aggregated to provide a comprehensive view of user and device availability. As other presence sources are made available, even from third party sources in a heterogeneous IT environment, they can also feed status information to the system to round out the user's availability profile. • Multi protocol/Multi interface Support: Both SIP for Instant Messaging and Presence Leveraging Extensions and XMPP protocols are supported, which allows for aggregation across a broad array of presence sources to enable a more comprehensive representation of the individual. • Optimized Performance: The SIP server to server protocol is leveraged to optimize network performance for real time communications applications. • Scalability: Scales to support all enterprise subscribers with a system throughput demanded of real time communications applications. Presence Services will scale to 10,000 subscribers per server with expansion, via multi server scaling, to 50,000 subscribers per enterprise network (assuming an average of 25 contacts per user and 25 Instant Messages per contact per hour). • Rich Presence: Normalizes and composes rich user presence (such as location and device) for applications and devices. Today's communications market is dynamic. Traditional delivery methods and behavior patterns have evolved overtime as the population has become more mobile and services have become more personalized. In today's environment, enterprises are beginning to expect real time content delivered in a usable format across a multitude of device types. Avaya Flare° Experience The Avaya Flare°clients are collaboration applications that enable business users to quickly and easily manage their daily communications. The applications provide users access from their iPad device or Windows PC to voice, presence, instant messaging, email, contacts, and call history. The intuitive, rich set of multi mode capabilities is designed to redefine the communication experience in the business environment. The Avaya Flare client features a central spotlight that highlights active or in progress communications. Initiating a communication session is as easy as moving a contact from a directory into the spotlight. The Avaya Flare client provides users with: • An intuitive, user interface from which users can communicate in any mode. • Drag and drop voice calling with the ability to separate from a call for sidebar interactions via voice, email, or instant messaging, and subsequently rejoin the call without interrupting the call in progress. • A single, easy to use interface to view multiple contact directories, including personal and corporate contacts, a call history log, and instant messaging sessions. Users can flip through to find the person with whom they want to collaborate, see their availability, select the preferred mode of communication and launch the connection. The following Avaya Flare client offers are available: • Avaya Flare°Communicator for iPad Devices • Avaya Flare° Experience for iPad Devices • Avaya Flare°Communicator for Windows • Avaya Flare° Experience for Windows August 30, 2013 ©2013 Avaya Inc. Page 82 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 928 ofp117032 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya Flare Communicator for Pad Devices With the Avaya Flare Communicator for iPad Device, Avaya is delivering its innovative interface for real time communications to iPad device users. Avaya Flare Communicator for iPad Devices provides enterprise users with simple access to all the communication tools in a single interface. The solution extends the powerful Avaya Flare Experience directly to iPad users. A software only solution that can be easily downloaded (from the Apple App Store); it is the first step in extending the Avaya Flare Experience to non-Avaya devices. Avaya Flare Communicator for iPad Devices enables you to log into your company's server and make and receive telephone calls from your telephone extension via your iPad device. The application on your iPad device, you can also send email messages and instant messages, access your call history, access your Avaya Aura°and local contacts, perform an Enterprise search, and manage your presence status. By delivering the intuitive graphical design of Avaya Flare Experience spotlights, media menu, notification bar and contact cards; Avaya Flare Communicator for iPad Device provides a new level of collaboration for users. Now your employees can use iPad devices for: • Easy, ubiquitous access to the real time communications tools they rely on every day: phone, presence, Instant Messaging. • Blending real time communications and business processes, such as mobile sales. • Taking advantage of Wi-Fi and 3G connectivity for cost saving VoIP. Avaya is putting all of these tools and capabilities into a single, unified enterprise workspace on iPad devices, delivering a seamless communications experience that is easy to use, convenient, and ready in real time to help you focus on the task at hand. Avaya Flare Communicator for Windows Avaya Flare Communicator for Windows enables you to log into your company's server and make and receive voice calls from your telephone extension via your PC. Using the Avaya Flare client, you can also send email messages and instant messages, access your call history, access your Avaya Aura°and Microsoft Outlook°contacts, perform an Enterprise search, and manage your presence status. Avaya Flare Communicator for Windows provides Enterprise users with simple access to all the communication tools in a single interface. Avaya Flare Experience for Pad Devices and Windows The Avaya Flare Experience is a groundbreaking, next generation workspace that delivers a uniquely compelling unified collaboration experience. Avaya Flare Experience for iPad Devices and Windows enables you to log into your company's server and make and receive telephone calls from your telephone extension via your iPad device or PC. From the application on your iPad device or PC, you can also send email messages and instant messages, access your call history, access your Avaya Aura°and local contacts, perform an Enterprise search, and manage your presence status. Avaya Flare Experience for iPad Devices and Windows provides enterprise users with simple access to all the communication tools in a single interface. Avaya Flare Experience for iPad Devices and Windows provides automatic integration with Avaya Aura° Conferencing 7.0. When you log in to a MeetMe conference on Conferencing 7.0 with Avaya Flare Experience for iPad Devices or PC, you can: • Access the Web Collaboration features by tapping the Collaboration button in the main window. (If you are the moderator or have presenter privileges, you can host the web collaboration session). August 30, 2013 ©2013 Avaya Inc. Page 83 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 929 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • View a graphical representation of the conference and its participants. • Manage the conference using the built in moderator controls (when you are logged in as the moderator). With Conferencing 7.0, you can start Adhoc conferences with Avaya Flare Experience for iPad Devices or Windows. You can also merge Adhoc conferences with MeetMe conferences. You must have access to your company's network to use Avaya Flare Experience for iPad Devices and Windows. The Avaya Flare Experience is a one stop collaboration tool. Plan a conference by sending out invites. Or, start an impromptu conference using the contact list. During a conference, you have the ability to manage built in controls like the following: • Access contacts, enterprise directories, and preferences via the contact fan. • View a graphical representation of participants and speakers. • Press "Collaborate" to change a session from audio to web. • Upload documents to the library, an online repository makes it fast. • Share the desktop, applications, or whiteboard. • Take notes and minutes. The Avaya Flare Experience provides all the functionality of Avaya Conferencing, and leverages SIP- based Avaya Aura°communications architecture. 5.3.0.3 Unified messaging - Integration of different electronic messaging and communications media (e-mail, SMS, Fax, voicemail, video messaging, etc.)technologies into a single interface, accessible from a variety of different devices. • Ability to access and manage voice messages in a variety of ways, using email inbox, Web browser, desktop client, VoIP phone, or mobile phone • Visual Voicemail Support (Optional) Avaya Response: Avaya Aura° Messaging, is an all encompassing approach to Unified Messaging Solutions. It doesn't matter if employees are working from an office desk, a virtual office, a hotel room, or from a wireless connection in an airport, the speed of business communication requires them to be able to remain productive as they communicate with customers and other employees through a variety of devices. To accommodate this one-number, always available functionality, Avaya Aura° Messaging enables telephone, graphical, and speech user interfaces. It is both a powerful IP-based and standards- based unified messaging platform designed to scale for small to large local, regional, and global sites. Messaging is a next generation solution for unified messaging that combines our expertise in new and existing technology with industry standards to flexibly integrate within the Avaya Aura°architecture in Linux-based server environments. Avaya Aura® Messaging — Two Server Models Our solution is a scalable solution ranging from an easy to deploy single server to a fully scalable front end/back end configuration with dedicated application servers and storage servers to support higher numbers of users. This flexibility covers single site, multisite, centralized, and distributed configurations to match existing network architecture. To satisfy these current and growth needs, two server models are available: Standard Messaging Server and High Storage Capacity Messaging Server. Regardless of August 30, 2013 ©2013 Avaya Inc. Page 84 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 930 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications which is deployed, both models run on the same Linux server, run as a single virtual machine, and run on top of the Avaya System Platform. • A Standard Messaging Server can serve as a single server(combining application and storage roles), an application only server, or as a storage only server. • A High Storage Capacity Messaging Server can serve as a storage only server able to support a large number of mailboxes. A major differentiator for Messaging is the flexibility as to where messages are stored on a per user basis. Support for multiple message stores includes using a standalone message store and integration with Microsoft Exchange email systems as the message store. Multi Media User Mailboxes Multimedia mailboxes provide users many ways to access and act upon messages. • Users can record, activate, and re-record updates for nine personal mailbox greetings. If supported by the switch. Messaging can play different personal greetings for all conditions, for busy and no answer conditions, and for an extended absence. If a greeting isn't recorded, a standard greeting is played. • Voice messages may be addressed via the telephone user interface or via speech. They can be sent to single address or a combination of multiple addresses by extension or name, and to personal and system distribution lists that can include fax and email addresses. • Delivery markings include urgent, private, future delivery, and message confirmation. • Message review controls include new message count of unread and read messages, envelope information, speed, volume, forward/ backward, and return to the beginning. End of listening message controls include save, delete, replay, reply, immediately call, and forward with or without additional comments. Standard and rapid prompts are at the user's control. • Message notification can be to desk phone, cell phone, offsite location, and pager using message waiting indication, Reach Me with call forwarding to up to three numbers, and Notify Me, which provides text message notifications. • Notification of system broadcast messages via a login message. • Interoperability with a customer provided, third party fax server to provide fax messaging capabilities. Industry Standards Messaging is designed to operate with industry open standards. These include SIP, IMAP4, SMTP/MIME, LDAP, and G.711. Reliability and Availability Messaging solutions enhance reliability and availability through system diagnostics, high availability design, and N+1 configurations. System diagnostics transparently run 24 hour a day, creating multiple monitoring logs, history, and system reports with printing and exporting capabilities. Error and alarming capabilities help administrators stay abreast of any potential issues. The architecture provides a variety of high availability/disaster recovery options. These range from an N+1 configuration for application servers, to locally survivable application servers that can stay fully operational with locally cached messages and greetings, to geographically redundant options for application servers. August 30, 2013 ©2013 Avaya Inc. Page 85 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 931 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Switch Integrations The most robust solution is a fully integrated voice messaging system that answers each incoming telephone call with information taken directly from the host switch. As such, Messaging connects to the Avaya Aura°Communication Manager switch using the SIP protocol to provide efficient IP trunking that helps reduce hardware and associated costs when implementing and maintaining the two systems. It also interoperates with other Avaya products, including Communication Server 1000, Avaya Aura°Session Manager, and Session Enablement Services. Additionally, interoperability with a wide range of third party PBX systems is available via SIP gateways. Avaya r o Communication Manager Messaging An embedded multimedia messaging application residing on the same server as Communication Manager. Today's messaging requires more than just sending and receiving separate voice mail, email, and faxes. Today's tech savvy users require a multimedia messaging solution, one that can enable easy access to voice, fax, text, and file attachments from the user's choice of telephone or computer interface, with the ability to mix those media types within a single message. Communication Manager Messaging provides this exact functionality for a small enterprise, as well as smaller locations of a larger enterprise. This architecture satisfies the short term needs of a smaller location while supporting the evolutionary movement of messaging toward a more comprehensive unified communication solution. Communication Manager Messaging is an embedded application residing on the same server as Communication Manager. As such, it utilizes the same basic platform functionalities, combining many administrative duties into a single task. This integration uses either H.323 and/or QSIG over an IP trunk. A cost savings advantage is the license file generated for Communication Manager includes the license requirements for the messaging application. No additional licensing is required. The number of ports and users is defined based on the Avaya Media Servers utilized, scaling from 12 to 250 ports, and 450 to 6,000 users. Avaya Modular Messaging — Multi Server An all encompassing approach to Integrated Unified Messaging Solutions. It doesn't matter if your employees are working from an office desk, a virtual office, a hotel room, or from a wireless connection in an airport, the speed of business communication requires them to be able to remain productive as they communicate with customers and other employees through a variety of devices. To accommodate this one number, always available functionality, Modular Messaging enables telephone, graphical, and speech user interfaces. For an integrated approach, client applications provide the capability to give access to these message types from a separate inbox folder on the email client server. This solution provides unified messaging capabilities (the email client holds all messages types) but maintains separate storage units. Modular Messaging is both a powerful IP-based and standards based unified messaging platform designed to scale for small to large local, regional, and global sites. The Avaya Message Storage Server configurations can support up to 40,000 mailboxes, and up to 5,400 hours of storage of voice, fax, and text messages. Up to 5 Modular Messaging Application Servers are supported in a voice mail domain, which when networked together, support up to 250,000 users. Modular Messaging is composed of two core components: A Message Storage Server and a Messaging Application Server The Avaya Message Storage Server provides the following functionality: • Private user mailboxes that store multimedia messages, recorded greetings, and other items of user data August 30, 2013 ©2013 Avaya Inc. Page 86 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 932 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Message delivery to local mailboxes and message networking for delivery to remote mailboxes, including remote directory synchronizations and the use of distribution lists • Desktop messaging clients • User and system administration, including backup and restore of user mailboxes The Avaya Messaging Application Server communicates with the Message Storage Server over a private dedicated IP link to provide front end functionality that includes: • Four to 288 telephony ports, 12 channels of multilingual text-to-speech, switch integrations • Multilingual touchtone user interfaces • System automated attendant and enhanced Caller Applications • Voice encoding and decoding • Fax receipt and send • Notification of new messages • Tracing Service diagnostics and reporting • Web Subscriber Options service As port requirements increase, expansion is as easy as adding up to four additional Messaging Application Servers to the voice mail domain, without the need to replace existing equipment. The Messaging Application Servers are available as a software only option or as part of a turnkey solution using Avaya servers. One Message Storage Server supports a single voice mail domain. To cost efficiently serve users at multiple locations, Multisite Support provides customers the flexibility of using a single Modular Messaging system. Using this configuration, the Message Application Servers in a single Voice Mail Domain can communicate with multiple switches, with different dial plans, in different locations. This enables the centralization of all messaging into a single data center with the switch residing in a different physical location. It also supports differing dial plans so that users can match extension numbers with their mailbox numbers. 5.3.0.4 Contact Center-A computer-based system that provides call and contact routing for high-volume telephony transactions, with specialist answering "agent" stations and a sophisticated real-time contact management system. The definition includes all contact center systems that provide inbound contact handling capabilities and automatic contact distribution, combined with a high degree of sophistication in terms of dynamic contact traffic management. Avaya esponse: The right solutions can make all the difference in improving the ongoing productivity in a call center. Effective call center solutions allow agents to respond rapidly to customer demands. They provide for optimum load balancing based upon the need of the call center, such as both call surplus (more calls than agents to handle them) and agent surplus (more agents than calls) conditions. They make the most of agent availability, skills, and experience and integrate readily with other productivity tools in a multi vendor environment. Finally, and most importantly, superior call center solutions lower your Total Cost of Ownership and increase Return on Investment. Avaya Aura°Call Center software provides the framework for a total customer service solution. The Call Center suite of call routing software is an ACD application that maximizes routing and resource selection, allowing agents to handle calls more effectively and improving overall productivity. It offers conditional (if/then) call routing, using context based inputs and versatile selection capabilities. Managers can choose whether inbound calls connect with the least busy agent, the first available agent, or the one with skills August 30, 2013 ©2013 Avaya Inc. Page 87 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 933 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications that best match the customer's needs. Virtual call routing allows businesses with multiple sites to maximize resource utilization across all locations. Call Center software enables business defined routing strategies and leverages all customer knowledge across the enterprise to make each customer interaction more effective. It is also highly versatile, spanning all communication infrastructures, from traditional circuit switched to H.323, and now SIP, allowing businesses to protect existing hardware and software investments. Today, the Call Center offers more capabilities and capacity than ever before. Capable of supporting up to 10,000 agents, the Call Center is well suited for companies like enterprises with large advanced call centers as well as smaller less sophisticated call centers. Enterprises can rely on call center technology from Avaya to help support success in today's increasingly competitive economy. Avaya is a global leader in business communications systems. The company provides unified communications, contact centers, and related services directly and through its channel partners to leading businesses and organizations around the world. Enterprises of all sizes depend on Avaya for state of the art communications that improve efficiency, collaboration, customer service and competitiveness. Avaya r o Call Center Elite Avaya Aura°Call Center Elite features Avaya Expert Agent Selection, the Avaya name for skills based routing, and a complete array of advanced call vectoring (conditional routing) capabilities. The software includes Avaya Virtual Routing, which provides effective load balancing across multiple call center sites. It also includes IP Agent Shared Control, which provides a softphone desktop for agents and allows all agents to be IP enabled. ACD ACD is an Avaya Aura°Communication Manager feature that processes high volume incoming, outgoing, and internal calls and then distributes them to groups of extensions called hunt groups or splits. In Call Center Elite, hunt groups or splits are referred to as skills. Calls to a specific skill are automatically distributed among the agents that possess the desired skill. Calls queue to the skill until an agent is available. ACD allows the administrator to create an efficient call management environment. The administrator can add or remove skills from the system, add or remove announcements, add or remove agents, call treatments assigned to a skill, add trunk groups, and route calls to the appropriate skills. The administrator can also specify ACD measurement criteria to provide reports on ACD efficiency. Call Center Elite can allow your staffed agent to be active in as many as 120 assigned skills. With Expert Agent Selection active, you can administer agents to accept delivery of inbound ACD calls under call surplus conditions using Greatest Need, Service Level Maximizer, or Skill Level with support for up to 16 different levels per skill. You can set the Call Center Elite software to maintain a separate queue for available agents in each skill ensuring that when agents answer an ACD call they are only removed from the available agent queue for the skill for which that call arrived. Or, you can create one system wide combined queue for all staffed agents, ensuring that staffed agents are removed from the queue whenever they answer a call for any of their assigned skills. Logical Agent This feature is a capability of the Expert Agent Selection feature. With it, an agent's ACD Login ID is associated with a particular telephone only when the agent actually logs in at that telephone. When the agent logs off, the association of an agent's ACD Login ID with a particular telephone is removed. The feature allows ACD agents to log into any telephone on the system regardless of type, designation, or location. This can be very useful when additional ACD positions are needed on short notice or when a disaster strikes. All agents in the system can be designated as Logical Agents if desired. In addition to skills, the following capabilities are associated with agents' login IDS: August 30, 2013 ©2013 Avaya Inc. Page 88 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 934 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Calls: Calls to the Login ID reach the agent independent of the telephone the agent is currently using. These can be also be calls made directly to the agent. • Name: Calls to the Login ID display the name associated with the Login ID and not the name associated with the telephone. • Coverage: When the agent is logged out, or when calls go to coverage because the agent is busy or does not answer, calls to the Login ID go to the coverage path associated with the agent and not the telephone. When an agent is logged out, calls go to the agent's busy coverage destination. • Restrictions: Calls to the Login ID or from the agent use the restrictions associated with the agent and not the telephone. • Work Modes: A single work mode button applies to all the skills assigned to the agent currently logged in. The Multiple Skills feature allows agents to log in to up to 60 skills simultaneously. • Message Waiting Lamp: This lamp by default tracks the status of messages waiting for the logged in Expert Agent Selection Login ID rather than messages for the physical terminal. If desired, the Message Waiting Lamp can be programmed to track the physical terminal. • Auto-Answer: With Expert Agent Selection, auto answer settings can be assigned to agents on the Agent Login ID form. An agent's auto answer setting will apply to the station where the agent logs in. If the auto answer setting for that station is different, the agent's setting overrides the station's setting. Capacities • 120 skills per agent • 30,000 VDNs • 8,000 skills per ACD • 8,000 policy routing tables • 24,000 policy routing table routing points • 8,000 vectors • Maximum of 10,000 agents can be logged in simultaneously • Maximum of 30,000 administered agent login IDs Avaya r o Call Center Elite Multichannel The Avaya Aura°Call Center Elite Multichannel feature provides a solution designed to support enterprises in being more competitive in the global marketplace with extensive, proven CTI and multichannel capabilities that translate into real results for your contact center. Call Center Elite Multichannel is designed to meet the requirements of today's midsized contact centers (with 20 to 400 concurrent users/agents) that have traditionally been considered expensive and time consuming to implement. This solution can be implemented in days, at an investment level that even the most budget conscious of managers can appreciate. This feature is a family of desktop productivity tools and components designed to enhance your midsize contact center. It provides a set of CTI and multichannel capabilities that you can use and build upon. Call Center Elite Multichannel is a software application that runs on Microsoft Windows operating systems enabling control of telephone calls (both incoming and outgoing), email, web chat, and instant messaging (MSN, AOL, XMPP and SMS) from a personal computer. August 30, 2013 ©2013 Avaya Inc. Page 89 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 935 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Multimedia technology in Call Center Elite Multichannel means that email, mobile SMS text messaging, and web-based customer inquiries are blended with inbound telephone calls. Customers enjoy the same benefits of priority queuing and distribution to agents with relevant skills and knowledge no matter what type of media they use. This feature leverages existing investments because it is designed to enhance Avaya contact centers by integrating the powerful capabilities of Communication Manager and Call Center solutions with customer data, applications, and processes. Call Center Elite Multichannel has been developed specifically for Avaya contact centers using Avaya Application Enablement Services as the CTI server platform and Microsoft Windows as the client Operating System. It is easy to implement and simple to use and maintain. The Agent Rules and Routing Rules wizards can eliminate software development for system integration in many applications. Call Center Elite Multichannel has been designed with SOA in mind and uses and includes application design support for Web Services technologies such as SOAP and XML. Included is support for WSDL for interface definition and SOAP over XML for Web Services integration. This feature also solves the costly proactive customer contact issues, from callbacks to targeted campaigns, using simple but effective outbound dialing with automated and agent initiated Preview Contact. What's more, this feature manages the collection, queuing, and delivery of voice and non-voice work items such as email and chat sessions to an appropriately skilled agent. The solution utilizes the powerful routing algorithms resident in Communication Manager to determine the right resource for the right interaction. Avaya Interaction Center Meeting customer demand for consistently high-quality service across all communication channels, voice, email, instant messaging, mobile SMS (text messaging), video, delivers true business value through increased customer satisfaction, higher rates of retention, and enhanced revenue. Avaya Interaction Center helps you achieve these goals because it simplifies communication channel management and enables you to maximize your existing investment in people and technology. With Interaction Center, your business can deliver outstanding sales, service, and relationship management even if customers use several different communication media to complete a single transaction. Designed with pre-built support and integration with today's leading switching and contact management technologies, Interaction Center helps businesses apply customer segmentation strategies as well as leverage enterprise business data to intelligently route interactions to the best available resources within your business regardless of location. With Avaya, your contact center can accommodate today's ever expanding communication needs and help you move to a higher plane of customer satisfaction and agent efficiency in addition to a stronger bottom line. Avaya is dedicated to helping businesses become more customer driven and to helping your business deliver first-rate service consistently, no matter how your customers choose to make contact. Key Benefits • Deliver consistent, personalized cross channel customer care voice, email, web, and video - based on predefined segmentation policies and service levels • Optimize efficiency and first contact resolution by applying segmentation that routes interactions to the best available resource • Improve agent productivity through screen pop and unified agent desktops you design to meet your unique service and business requirements • Reduce development time, costs, and risk by using pre-built and pre-tested applications and systems integration August 30, 2013 ©2013 Avaya Inc. Page 90 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 936 ofp117012 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Minimize cost of ownership with accelerated installation and configuration, pre-built agent clients, and pre-tested integration to applications and systems Universal Routing and Queuing Avaya Interaction Center manages all interactions through a universal, media independent contact engine that allows voice, email, web chat, and other media to be managed based on common enterprise segmentation and business rules. The contact engine acts a single point of control and intelligence for all defined interactions. This enables organizations to create and apply routing strategies and business rules across the entire agent pool and all channels simultaneously, instead of managing each channel separately, regardless of the physical location of agents and enterprise resources. The contact engine coordinates and personalizes routing decisions while collecting interaction and transactional customer information in a common Customer Interaction Repository. Data capture and coordination is accomplished via a shared data object called an Electronic Data Unit. As workflows are executed, the contact engine uses the electronic data unit as input and then contributes more data to it based on customer profile and other enterprise data. The electronic data unit is created for each interaction to record the cradle to grave history of that interaction and to allow each application and employee that interacts with the customer to access the shared data and contribute to it. This allows your contact center to leverage the latest customer interaction and transaction history to make the best routing decision for each and every customer contact. Through Electronic Data Unit technology, Interaction Center tracks and records every detail of every interaction, which a business can then use to improve future routing decisions, to update customer profiles, and to generate additional sales. The Electronic Data Unit allows all applications and agents to know what has occurred so far in each customer transaction independent of the media through which the interactions occurred. Previous customer contact history and business data collected via Electronic Data Units' is archived in real time to a common, centralized Customer Interaction Repository. The Customer Interaction Repository allows a contact center operation to provide an integrated, consistent view of a customer and contact center activities, real time and historical, across all communication media, and across all contact center sites and locations. Interaction Center includes Avaya Business Advocate which can be optionally configured to manage agent selection, staff resources, and customer service levels across all channels. Business Advocate is a set of patented algorithms that evaluate real time conditions and distribute work items to the right agent based on agents available, agent skills, service level objectives, and expected wait times. Avaya rcive Contact Avaya Proactive Contact can enable enterprises to differentiate products and branding through powerful outbound and blended communications capabilities. Targeted communications can be initiated with customers to meet quickly changing requirements. This will allow enterprises to build loyalty with improved customer care and generate more revenue with dynamic marketing campaigns. The Proactive Contact system portfolio can make enterprises more efficient by optimizing the time of the most expensive resources and skilled agents. Proactive Contact solutions provide excellence in automated dialing, list management and connectivity across networks to optimize every campaign. The solution allows your agents to reach more customers, faster, and more profitably; through the use of automated technology and applications for outbound communications solutions. In addition, Proactive Contact gives your organization the ability to proactively reach out to your customers with timely information they need and appreciate, helping you to build stronger relationships. Proactive Contact is a suite of software and hardware that delivers efficiency and effectiveness to the call center, as it optimally manages calls to and from customers. Whether a calling mission requires inbound, outbound or blended solutions, Proactive Contact provides unparalleled technology to meet the August 30, 2013 ©2013 Avaya Inc. Page 91 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 937 ofp117032 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications challenges faced by your business. It contains superior call pacing algorithms and industry leading call detection, resulting in increased agent productivity and better return on investment. Key features of Avaya Proactive Contact The set of features and technology used in Proactive Contact Systems can help an enterprise gain a competitive advantage when successfully integrated with their business processes. These features include: • Managed/preview and predictive outbound call handling • Three fully featured blend options (outbound and inbound integration) • Industry leading voice detection technology • Powerful supervisor application • Robust campaign design and scripting • Advanced monitoring and reporting capabilities • Unified open client/server architecture • Scalable features and applications • Open standards based development tools • End to end security • Highly Sophisticated dialing algorithm Avaya r o Contact Center Avaya Aura°Contact Center is a context sensitive, collaborative, voice and multimedia customer contact solution. It allows enterprises to anticipate, automate, and accelerate customer interactions. The solution routes up to six simultaneous multimedia contacts to the most appropriate resource through a unified agent interface. By creating a complete view of the customer and the context of their interaction, the solution allows organizations to manage the customer experience in a way that delivers a superior level of engagement. Contact Center facilitates reaching out to customers proactively. It combines historic and real time contextual information about a customer to improve the quality of interactions. It optimizes agent utilization and productivity. It enhances supervisor performance to deliver superior customer experience and drive sustainable business growth. We can deliver the following benefits: • High levels of service to customers with powerful new contact center communication channels, such as web chat, SMS text, instant messaging, social media, and email. • An integrated, collaborative, multimedia, contact center solution, Contact Center includes reporting, preview and progressive outbound calling, contact recording and quality monitoring, workforce management, as well as innovative features such as the ability to integrate with social media. It reduces the need for customization and utilization of proprietary, CTI based APIs required by competitors. The out of the box multichannel agent desktop application reduces cost, complexity, and improves time to market. • As a standards based solution, leveraging SIP, SOA, and Web Services, Contact Center attracts a larger ecosystem of application developers who can develop and deploy applications to suit the specific needs of businesses. August 30, 2013 ©2013 Avaya Inc. Page 92 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 938 ofp11732 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • As proprietary CTI links are replaced by SIP-based integration, businesses have the potential to standardize their contact center applications on a multivendor infrastructure. • SIP-based collaboration and conferencing for context persistence is more current, flexible, simple, and a lot less expensive to develop and maintain compared to the obsolete model of CTI overlays of networks, applications, and protocols. — Contact Center supports next generation, SIP based deployment options on Communication Manager and Session Manager, as well as Avaya Communication Server 1000 integration through the Application Meridian Link. A software only application that runs on commercial off-the-shelf servers, Contact Center is the ideal solution for customers who need the flexibility of an open, reliable multichannel solution. Avaya i Avaya IQ is a reporting and analytics platform that consolidates real time data from Avaya customer service solutions and enterprise business resources to deliver reports that relate activity to results. Key Features and Benefits The following key features and benefits are part of the Avaya IQ reporting and analytics solution: • Single View of the Customer Experience: Avaya IQ integrates and consolidates performance and customer data from across the contact center and business and retains all detail data, providing the ability to drill down or roll up important details that define both agent activities and the impact on the customer experience. You can select hypertext links within summary reports to view the detail data. • Avaya IQ provides consistent reporting across Avaya contact center products. The detail data generated by multiple products is normalized by Avaya IQ and stored in the Avaya IQ database. All summary data is created from the detail data. • Unified View of Blended Agent Performance: Avaya IQ creates a unified view of blended inbound voice call data from Avaya Call Center Software with outbound Proactive Contact information. Managers and supervisors have a unified rationalized view of agent and operational performance against critical key performance indicators. • Real Time Reports: Avaya IQ Performance Center is a Web-based interface within Avaya IQ designed to view real time contact center status. You can create activities to group real time reports that share common inputs for effective monitoring of the status and performance of your agents and queues. By grouping reports that share common inputs, you see that the data in one report directly correlates to the data in all other reports within an activity. Also, the data for all reports in an activity is updated at the same refresh rate, and the refresh rate can be set to as often as every three seconds. • Agent Behavior Reporting: Includes customizable reports that highlight agent behavior to which supervisors can immediately react versus culling through tables of data looking for discrepancies. Avaya IQ speeds analysis and resolution of problem agent behavior and allows supervisors to clearly understand the impact on the customer experience. • Out of the Box Reporting and Analytics: Out of the box standard reports and analytics, such as cross tab reports, give a relational view of performance indicators. This facilitates trending or early detection of customer opportunity. • Web Reports: Avaya IQ is a web-based thin client that enables reports to be easily shared across the business. Reports and analysis can be accessed from anywhere, posted online, distributed via email distribution lists, or individually emailed for the recipient to view, print or save as required. August 30, 2013 ©2013 Avaya Inc. Page 93 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 939 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Reduces or eliminates reporting administration and simplifies the ability to share the customer experience and customer service information with key stakeholders and decision makers across the business. • Time Zone Reporting: Supports the display of data in the time zone of choice for the report user. Distributed contact centers can see a rolled-up view using a corporate time zone or a local time zone view. • Distributed contact center supervisors and managers are able to view reports local to their site, improving their analysis and response. Businesses benefit from a simpler, adaptable reporting and analytics framework that serves everyone's needs. Avaya Call Management SystemiAvailability The primary purpose of the Avaya Call Management System High Availability option is to provide an uninterrupted data stream between the communication server and the Call Management System. With High Availability, two Call Management System servers are connected to one communication server, thereby eliminating the traditional single point of failure between the Call Management System and the communication server. Both Call Management System servers collect data independently from the communication server. If either server fails, loses connection to the communication server, or must be brought down for maintenance, the alternate server can carry the entire Call Management System activity load. The Avaya Services organization offers a package that automates the synchronization between the two Call Management System servers. The administration synchronization offer reduces the amount of time needed to maintain the High Availability servers and is required for most installations. As an alternative to the administration synchronization offer, the High Availability option relies heavily on manual data synchronization between the two Call Management System servers, as well as on manual administration synchronization. Server Switch Over After a Failure Event If continuous access to your Call Management System data is required, High Availability systems allow for the redirection of LAN traffic related to Call Management System clients and peripheral devices from the primary server to the secondary server. Switch over from the primary server to the secondary server can be performed when the primary server experiences a major failure event. However, a High Availability switch over should be performed only when the anticipated down time for the primary server is expected to be significant. Each call center network is configured according to its own unique specifications. Therefore, each High Availability customer must develop their own customized criteria and plans for server switch over events. The Call Management System High Availability option allows the following server switch over options: • No switch over: If you do not require continuous access to your Call Management System data, you can elect not to switch over to the secondary server after the primary server experiences a major failure event. When the primary server goes down, uninterrupted collection of call data will continue on the secondary server, but you may not be able to access that data until the primary server is restored. • Manual server switch over: If you require uninterrupted access to Call Management System data, server switch over can be performed manually. Dual ACD links Duplicate hardware is a key component of the High Availability system. The function of the duplicate hardware is to eliminate a single point of failure in order to prevent data loss due to hardware failures. August 30, 2013 ©2013 Avaya Inc. Page 94 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 940 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications The dual ACD link feature addresses ACD link failures and builds on the increased ACD link reliability provided by TCP/IP. A Control LAN circuit pack or an Ethernet port provides TCP/IP connectivity between the communication server and the Call Management System server. Each ACD link requires a separate Control LAN circuit pack or Ethernet port which supports different network routes to eliminate as many single points of failure as possible. The ACD Call Processing software sends duplicate data to both Call Management System servers simultaneously. Thus, both Call Management System servers will collect identical real-time, historical, and call record data. Furthermore, both Call Management System servers are able to perform call center and agent administration, and the results are communicated from the communication server back to both Call Management System servers. However, we strongly recommend performing administrative functions at only the primary Call Management System server. An idealized schematic of the network links between each of the dual ACD Control LAN cards on an Avaya Media Gateway to the communication server and their respective Call Management System High Availability servers is shown in the following diagram. Two Call Management System servers operating in tandem provides data redundancy. Avaya Visual Vectors —A Graphical Routing and Administrationtion Avaya Visual Vectors can be used with the Avaya Call Management System to provide a graphical routing and administration interface. With Avaya Visual Vectors you'll be able to build even the most complex call-handling paths very quickly and efficiently. Instead of working with traditional vector routing tables, you'll be creating a graphical map, a visual representation of your call flow, with familiar icons and graphics. The screen provides a palette of available functions and steps that are grouped in logical sets. To build your call vector, you simply drag the desired step or function into the appropriate place on the vector display grid. To help you build the vector correctly and logically, the software automatically prompts you to complete the logic of each step. If you add a decision or test type step, for example, the software will automatically create two or more branch paths for you, which must be completed for the vector to be valid. Comments can be included with vector steps. For example, the text of an announcement can be input as a comment for the announcement step. Comments can be displayed for all steps, or can be viewed for a specific step by moving the cursor over the step icon. Free floating comments can also be pasted onto the vector display grid, which can be useful when explaining the vectors to others, or simply as development notes. Avaya Operational Analyst Delivering a superior experience and making the most of your contact center investments requires a comprehensive and actionable view of overall business performance and operational status. To stay on top, managers and analysts require real time reporting tools that simplify data collection and speed problem solving and decision making. Avaya Operational Analyst helps you achieve a definitive 360 degree view of customer interactions and your contact center performance. Consolidated data collection, centralized storage of multichannel (voice, video, email, SMS, Web chat, and VoIP) customer interaction data, and prepackaged, extensible reporting and analytics packages all make it easier for you to take action to maximize operations effectiveness and efficiency. Operational Analyst consists of an open, multisite architecture, integrated Customer Interaction Repository, and prepackaged reports to support real time monitoring and analysis. The open, highly scalable multisite architecture consolidates historical data for all Avaya Interaction Center and August 30, 2013 ©2013 Avaya Inc. Page 9.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 941 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Communication Manager based systems in real time. With multivendor Automatic Call Distribution reporting, your analysis can include data from both Avaya and other ACD vendors. A centralized Report Data Server simplifies and speeds analysis and decision making by aggregating and consolidating contact center data in real-time across systems and physical locations. The Customer Interaction Repository is a common archive of all customer data from multichannel interactions executed across Interaction Center as well as voice call tracking via Avaya Call Management Systems. With the flexibility to import Call Management System External Call History data, including summary interval data, you can create year-over-year analyses and derive even greater value from your information. Integrated database management tools allow you to choose what data is stored, how long to store it, and which customizations will maximize ease of use and business benefit. The repository is also ODBC/JDBC-compliant to extend reporting capabilities to any compliant business analytics or reporting software tool. Operational Analyst Reporting Package Options: Operational Reports Package: Basic Reporting Package Designed for supervisors and managers • Tracking and managing daily contact center performance • Real time and Historical reports • Agent status, service levels, service queues • Tabular Reports Wizard for ad-hoc real-time reports Analytical Reports Package: Advanced Reporting Package Designed for managers and analysts • Tracking of key performance indicators and compare trends to targets • Pre-defined cubes, analytical reports, queries for historical trending and drill-down • Ability to create custom reports and calculations, perform ad-hoc queries • Business Value Reporting for integration of third party data Avaya is Call Management System Basic Call Management System is a fully integrated reporting feature of Communication Manager, and is included with every Communication Manager system at no additional charge. No additional hardware is required to support the feature. It provides basic real time reporting and historical text based reporting for small to midsize call centers without the need to acquire and maintain external storage devices and adjunct processors. This solution provides real time and historical reports which will help you manage individual agents, ACD skills or splits, and trunk groups. Real time reports are updated approximately every 30 seconds. Users can immediately update the information on the screen by pressing the UPDATE key. Historical data is stored by hour or half hour for 25 time intervals, including the current time interval. Daily summary data is also calculated and stored for seven days. The reports can be displayed, printed, or both. The reports can be accessed and displayed by the ACD administrator from a system administration and management interface such as Avaya Site Administration. Reports can be printed on demand or on a scheduled basis. Using Site Administration, the system reports of ACD statistics can be saved to a file on a PC and can be transferred from the PC to a Local Area Network server. Basic Call Management System offers three standard real time and eight standard historical reports, including information on agents, skills or splits, and trunks. With the Call Vectoring option active, reports are also available for VDNs. August 30, 2013 ©2013 Avaya Inc. Page 95 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 942 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya r °Workforce Optimization Avaya Aura°Workforce Optimization is an integrated solution that enables the enterprise to have the right workforce with right skills doing the right things and doing them well to achieve corporate objectives. The challenges of the current economy are forcing enterprises to rethink their approach to customer service as customer retention becomes a key focus area. Enterprises must align contact center operations to new corporate objectives while keeping costs low. The applications encourage businesses to use their contact center strategically, rather than just as a mechanism to field customer calls. Furthermore, businesses can gain a deeper understanding of customer trends and balance efficiency with effectiveness to create an optimized customer experience. The solution includes the following components: Contact Recording, Quality Monitoring, el-earning, Workforce Management, Speech and Desktop Analytics, and Customer Feedback. Not only are these components converged, but it unifies them as well so that you benefit from reduced costs of ownership that would result from administering disparate systems, as well as all the benefits that increase your return on investment in our solution. The solution can improve or solve the following issues many enterprises face: • Processes: Manual, time consuming; performed in silos; focused on internal requirements instead of customer convenience • Information: Housed in multiple (and sometimes unconnected) systems; difficult to access, compile, and interpret • Collaboration: Sporadic (or no) communication among functional groups; turf wars; little awareness of what other departments do or how they affect the customer and company goals • People: Employee churn, lack of consistent training, multiple shifts, sites, and communication channels equal diminished service We can deliver the following benefits: • A solution unique to Avaya • Avaya single vendor sourced, installed, and maintained • Native integration with Avaya Unified Communications, Performance Center, Avaya Aura°, Avaya one-X°Agent, and Proactive Contact • Part of the DNA of Next Generation Contact Center Workforce Optimization helps businesses balance efficiency and effectiveness by utilizing the contact center strategically rather than just as an organization that fields calls. Not only does it give businesses a better understanding of customer satisfaction and dissatisfaction, it offers intelligence that allows the business to operate more efficiently. Processes that were cumbersome and caused dissatisfaction can be easily identified and modified. Agents who are not getting the proper training or assisting customers appropriately can be identified and coached. The solution provides businesses with a deeper and more meaningful look at customer interactions. The solution unifies Contact Recording, Quality Monitoring, el-earning, Workforce Management, Speech and Desktop Analytics, and Customer Feedback under one platform that provides a single user interface and centralized system administration and reporting. With it, your contact center and back office operations can capture, share, and act on information from across the enterprise. As a result, you can make better decisions faster, and benefit from a single, coordinated source of support, service, and maintenance with a lower total cost of ownership. August 30, 2013 ©2013 Avaya Inc. Page 97 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 943 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya r ° Experience Portal Avaya Aura° Experience Portal delivers a new model for customer experience orchestration that helps you improve customer loyalty, reduce costs, and drive growth. Take your customer experience to a new level. Employ the latest automated customer care best practices and technologies to deliver a superior customer experience. In today's socially networked world, organizations know they must meet customers on their own terms to keep them not just happy but more than satisfied. It is critical to be proactive about managing your customer's end to end experience. Yet, achieving that goal can be an overwhelming task. How do you maintain a personal relationship with potentially millions of people across thousands of interactions and transactions, across all devices and media? The latest innovations in contact center and context based communications have ushered in a new era of customer collaboration, where dynamic real time orchestration of every customer's interaction, across all modes and media, is now possible. Experience Portal is the Avaya latest generation of our multiple award winning Avaya Voice Portal. It helps organizations automate and centrally manage multimedia self service and integrated voice response applications. From inbound to outbound automated customer care, Experience Portal can help your organization reach a new level of customer satisfaction and business competitive advantage. Key Benefits What if your business had the ability to serve customers across multiple channels while lowering your service and operating costs?What if your technical staff were able to manage and administer all your enterprise self service applications, both inbound and outbound, from one common set of tools and interfaces? Experience Portal can do these things and more. It can help you: • Improve Customer Satisfaction: Differentiate your brand experience across multimedia inbound and outbound self service, all blended seamlessly with support from your experts and staff when needed. • Lower Service Costs: Lower service costs with convenient 24/7 automation of inbound and outbound interactions across multiple media. • Reduce Operating and Capital Expense: Dynamically optimize self service to best serve your customers and your business. Reduce application and infrastructure costs and accelerate time to market of new services. Key Features Customer collaboration across any media, any mode: • New devices and technologies have changed consumer expectations leading many organizations to consider full scale adoption of multiple channels and media. It supports a wide array of service options, from voice, video kiosk, mobile, and integrated voice and video response to outbound voice, email, and SMS text interactions. In addition, it supports sophisticated conferencing, video, call back, and enterprise routing capabilities that can help you further realize more powerful, fully automated service experiences. Open platform lowers costs, simplifies integration: • It is a software only solution that runs on off the shelf hardware and software. It is based on Web services and web communications standards like VoiceXML and CCXML to allow lower cost, simpler integration with your existing web and enterprise application environment. Easy to use Web service integration tools allow faster service creation and lower development costs by leveraging existing applications and web infrastructures. Organizations can build, manage, and August 30, 2013 ©2013 Avaya Inc. Page 98 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 944 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications maintain multimedia self service applications using the same skills, tools, and interfaces used for existing web applications. Distributed, highly scalable architecture: • It can scale to support from a few to tens of thousands of automated voice and multimedia interactions. It can be deployed in a virtualized environment, helping reduce business' hardware footprint, lowering the capital and operational expenses of self service. Support for Web services, MRCP, VoiceXML, and other standards allow for separation of application logic from the underlying communications and speech infrastructure, delivering a highly flexible and reliable solution. Flexible contact center deployment options: • Experience Portal supports in front and networked PBX configurations across TDM, IP, and SIP environments. When deployed in front of the PBX, it can directly terminate SIP service provider trunks and conduct self service before calls land on the PBX or ACD. This helps eliminate costly pre-route, post route, and data directed dialing charges and helps reduce the contact center infrastructure footprint. A networked PBX configuration behind the PBX and ACD is optimal when organizations require minimal changes to their existing infrastructure. High reliability for mission critical service: • Experience Portal is designed to meet the most stringent performance and high availability requirements that today's mission critical speech enabled communications applications demand, while helping businesses lower ownership costs. Unique dynamic license pooling and high availability automatic failover capabilities maximize continuity of both outbound and inbound campaigns and services. Built-in application level reporting: • It collects an extensive set of call, session, and application record detail that can be presented within fully customizable web-based reports. It combines detailed built in application level reporting with true enterprise wide reporting and analytics through Avaya IQ to provide managers with a holistic understanding of key customer and operations business data. Centralized multiple system management and reporting allow a single cockpit view into all live systems with operational indicators. • Records are accessible through an open interface for integration into virtually any existing enterprise reporting system (Cognos, Crystal Reports) or information can be passed to Avaya IQ or Avaya Operational Analyst for cradle to grave contact center reporting. • It includes detailed application reporting, automatic breadcrumb reports of a customer's experience at every step of an interaction, plus transactional roll ups. Application and caller information can be combined in unique ways with other external resources (Web mashups) such as overlaying caller detail report data with mapping data to see the geographical distribution of caller information for visual trends analysis. Centralized application and systems management: • It includes a multi tenant, roles based management system, Experience Portal Manager, to provide a single place for access to applications, system, and server information and data. Experience Portal Manager is a web-based interface to Experience Portal, allowing users to provision and manage applications, manage outbound campaigns, generate reports, as well as monitor the system and applications. It supports centralized management of key features like Avaya Intelligent Customer Routing for enhanced wait treatment and load balancing as well as August 30, 2013 ©2013 Avaya Inc. Page 99 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 945 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications applications like Avaya Proactive Outreach Manager for outbound phone, email, and SMS campaigns. • Businesses can empower non-IT managers to locally manage their own applications and to change service behavior on demand when needs dictate. For example, local retail managers can issue their own outbound alerts or customer surveys as well as update key self service information such as hours of operation, announcements, or greetings as needed without requiring specialized development or testing resources. Application investment protection: • It provides a seamless migration path for organizations moving from TDM/IP to SIP-based contact center architectures. Also provided free of charge is Avaya Aura°Orchestration Designer, an Eclipse based development environment for creation of Experience Portal multimedia self service and Avaya Aura Contact Center workflow applications. Orchestration Designer also supports creation of VoiceXML applications for Avaya Interactive Response and Avaya Media Processing Server as well as speech and multimedia applications written for prior releases of Avaya Experience Portal. • Existing Media Processing Server Developer and Media Processing Server VoiceXML applications can be run on a Media Processing Server Application Processor managed within it. This helps businesses centralize management and reporting across both existing Media Processing Server applications and new services built using the latest in Experience Portal multimedia automation. • For existing Interactive Response users, common platform licensing allows users on Avaya maintenance to receive free product upgrades and support. Orchestration Designer, Interactive Response, and Experience Portal share the same VoiceXML browser allowing existing VoiceXML applications written in Avaya Dialog Designer to be managed from Orchestration Designer and run on Experience Portal. This approach helps reduce application deployment risks, increases self-service application portability, and helps provide a consistent user experience. Components and Architecture: • It is designed specifically for today's networked IP and SIP based enterprise contact centers. The solution has four components: Experience Portal media servers, Experience Portal Manager, Orchestration Designer, and the Application Execution Environment. Individual components reside on separate servers or for smaller scale deployments can be loaded on a single server. Experience Portal Media Servers: • Experience Portal media servers provide automation functionality such as terminating telephony sessions, interfacing to third party speech and other multimedia services, and management of VoiceXML and CCXML sessions. Media server software integrates via H.323/SIP and RTP/C to IP Telephony infrastructures and manages external speech and media resources. It supports both the Avaya Media Server and Experience Portal Media Processing Platform. • Experience Portal media servers include a fully programmable CCXML session manager, which supports dynamic control of multiple voice dialogs and sessions with advanced call control functions such as on host conferencing, advanced answering machine and human detection, and programmable SIP headers. The media server also mixes multichannel streams. A fully standard VoiceXML Voice Browser supports recording of caller utterances as well as a complete call and session detail collection for reporting. Secure session management includes encrypted signaling, encrypted audio, secure communication with external application servers, and masking of sensitive data within management and user logs. August 30, 2013 ©2013 Avaya Inc. Page 100 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 946 ofp11712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Experience Portal Manager Experience Portal Manager provides centralized operations, administration, management and provisioning interfaces for Experience Portal, Proactive Outreach Manager, Intelligent Customer Routing, and other Avaya and Avaya Partner applications. An easy to use web-based interface provides support for the following management functions: • Media servers which support all concurrent self service sessions across your enterprise. • VoIP, application, and speech resource provisioning. • Fail over in case of loss of a media server by reclaiming licenses and registrations from the affected servers and automatically redeploying to spare capacity or spare servers. Experience Portal Manager includes a SNMP Management Information Base to external Network Management Systems such as IBM Tivoli or HP OpenView. Avaya Aura° Orchestration Designer Orchestration Designer supports application development for Experience Portal, Voice Portal, Interactive Response, Media Processing Server, and Avaya Aura°Contact Center. It is a complete Integrated Development Environment allowing faster and less costly application design, coding, debugging, testing, simulation and deployment. Orchestration Designer is provided at no added cost with every Experience Portal and Contact Center purchase and is downloadable from Avaya DevConnect on avaya.com. Application Execution Environment The application execution environment can be deployed in a virtualized environment, helping reduce business' hardware footprint, and lowering the capital and operational expenses of self service. The Web Server host, like an Apache Tomcat Web Server, serves the standards based VoiceXML and CCXML script to the Experience Portal media servers when called. This approach lowers IT management costs by allowing your organization to reuse existing web application servers for application management. Avaya Callback Assist Avaya Callback Assist enables the contact Center to present callers with the option of receiving a call back during peak call volume periods. The application announces the estimated wait time and offers customers the choice of receiving a call back as soon as the next agent becomes available or getting a call back at a scheduled date and time. Customers who choose a call back are prompted to record a message with their name, reason for calling, and their preferred reach number. Then the customer chooses whether they want an earliest available or scheduled call back. If the caller chooses an earliest available call back, Callback Assist waits in queue in place of the caller, engages the contact center agent, and plays the recorded message. Once the agent is prepared to handle the customer's transaction, Callback Assist launches the outbound call and connects the customer with the agent. This solution can help you increase customer retention and satisfaction and boost customer loyalty by: • Improving your customers' experiences, callers have more options for their contact center interactions • Decreasing call abandon rates, no more unnecessary waiting in queues • Reducing customer dissatisfaction by reducing wait times • Enhancing the ability of existing staff to handle peak call volumes through traffic leveling, shifting peak call volumes to non-peak times • Saving on toll charges associated with callers waiting in queue August 30, 2013 ©2013 Avaya Inc. Page 101 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 947 ofp11732 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Another benefit is improved agent morale because agents handle fewer calls from upset customers who have waited too long in queue. Although most contact center managers acknowledge the importance of handling customer calls quickly and effectively, it is not cost effective to staff for peak call volumes to avoid queuing at all times. Customers forced into queue are faced with the choice of waiting for an agent to become available or terminating the call. Abandoning the call can cause customer irritation and loss of goodwill. Or worse, the customer could resort to contacting a competitor. Customers who choose to call back at a later time have no way of knowing whether they will get through to an agent or face another long wait in queue. Clearly, none of these choices is conducive to customer satisfaction and retention. Queuing calls has financial consequences as well, toll charges rise as customers wait in queue and staffing becomes an issue. Faced with a choice of dealing with dissatisfied customers versus the cost of adding staff to meet service level goals; contact center managers often choose to live with their current staffing model. Call backs can be offered to customers based on the estimated wait time in queue. This provides added assistance to your contact center staffing and productivity by shifting customer interactions during peak calling times to the non-peak times when your agents might be less productive. To help see that service levels can be met, resource availability is validated before a scheduled call back is offered. Callback Assist also offers a Web Service interface to enable your customers to request callbacks directly from Web sites. By providing this value added service, customers can quickly interact with the contact center to get the support they need. It makes it easy for your customers to work with you. You can offer call back requests during out of hours periods, let callers cancel pending call backs, and provide a tool for your customers to schedule their call back requests. It can be deployed in either a CTI or a SIP environment. Callback Assist provides a simple to use administration tool, standard reporting, and support for multiple languages. Intelligent Customer Routing Intelligent Customer Routing is an Avaya solution for single site and multisite contact centers. The Intelligent Customer Routing solution supports exceptional customer service, at lower cost, building a bridge to the next generation contact center while at the same time preserving existing investments. This new architecture can either eliminate or reduce the dependence on outdated, complex and costly technologies utilized in many contact centers today. The Intelligent Customer Routing solution is built using an open, standards based architecture that provides a common control point for all contact center calls coming into the enterprise. This control point identifies the originator, the purpose and value of the contact to the business, then provides automated self-service (when appropriate) or determines the best route for the call if agent assistance is required. The Intelligent Customer Routing architecture is SIP-based with centralized SIP session management controlling all communication between the enterprise servers. Inbound trunks may be either IP or TDM, but all server communication within the enterprise uses SIP signaling. SIP provides native capabilities that can transform call handling within the enterprise and reduce the dependence on outdated and complex technologies. The result is an architecture that is simpler, more robust, at lower cost, while providing superior customer service and improved business agility. Proactive Outreach Manager What if your business could reach out and interact with customers that have critical service or support needs?What if your organization could quickly take action on your customers anticipated needs and reduce inbound call traffic with proactive outbound contact?What if you had a low cost way to improve customer awareness of new services and offers? August 30, 2013 ©2013 Avaya Inc. Page 102 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 948 ofp117232 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya Proactive Outreach Manager does all these things and more. It is an application platform that enables organizations to design and manage high performance and cost effective automated notifications and outbound campaigns that reach out to customers using voice, email, or text messaging. These campaigns can notify customers of key information and enable them to take immediate action through automated self service or by a conversation with an agent. It simplifies creation, execution, and management of outbound campaigns and notifications helping businesses reduce costs, increase revenues, and improve customer satisfaction. Proactive Outreach Manager can help you: • Improve Customer Satisfaction: Provide timely communication of information and status updates through email, SMS text, or telephone based on the customer's preferences. • Lower the Cost of Service: Reduce inbound traffic by anticipating caller inquiries and allowing customers to take action. Lower outbound agent costs by automating simple interactions through lower cost email, IVR, or SMS text. • Reduce OPEX and CAPEX Costs: Uses Avaya Voice Portal for automated outbound campaigns allowing you to deploy mission critical automated outbound services that leverage and compliment your existing inbound self service applications. • Generate Revenue: Create and execute customized cross sell and or up sell campaigns to generate new or upgrade revenue. Proactive Outreach Manager offers the following key features: • Multichannel Blending and Escalation: Design interactive voice, email, and text messaging campaigns that allow interactions to take place across multiple channels, such as providing information through one channel while allowing response through another. Design applications to move from email to text to voice on subsequent contact attempts based on contact urgency or other conditions like shifting from automated call to email after business hours. Applications can also support Preference Management approaches so that consumer communication preferences are honored. • Campaign Design: Leverage the powerful, open standards Avaya Dialog Designer environment to design interactive campaigns and notifications that dynamically adjust based on customer status, business rules, contact lists, call schedules, and agent availability. Build outbound campaigns leveraging existing inbound self service applications to expedite time to market of new services. Build contact lists using virtually any data source and add new contacts to existing campaigns without interrupting campaign execution. • Advanced Outbound and Speech Capabilities: Employ human voice and answering machine detection to leave a personalized message, for example: Sorry we missed you. Utilize prerecorded prompts or the latest speech technologies to design highly effective, automated customer communications. • Contact Center Integration: Design automated outbound campaigns to complement and extend beyond your existing inbound contact center and outbound agent campaigns. Provide customers the ability to request transfer to an agent with screen pop to expedite their agent-based interaction. • Campaign Throttling: During automated campaigns that provide the option to transfer to an agent, control the volume of outbound contact attempts based on inbound agent queue times. Leverage key data like; Expected Wait Time to automatically throttle campaign contact attempts to manage call service levels for transactions requiring agent assistance. August 30, 2013 ©2013 Avaya Inc. Page 103 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 949 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Shared Customer Status: Shares customer status in real-time such that preferences (for example, opt-in/opt-out) or status changes (for example, delinquent bill is paid) are reflected in real-time across all other concurrent campaigns. • Campaign Tracking and Reporting: Track campaign status in real time via web browser accessible reports. Monitor and analyze campaign effectiveness with real time and historical reports that provide a unified view of campaign activity and customer status. • Multi tenancy: Empower business leaders across your organization to design and manage their own outbound campaigns. Leverage multi tenancy and roles based access to centralize access and control to relevant systems, campaigns, detailed customer data, and reports. • Unified Application Management: Proactive Outreach Manager leverages Avaya Voice Portal to simplify management and administration costs by unifying access to campaigns, applications, and customer data for both outbound campaigns and inbound self service applications. • Compliance: Stay compliant with the latest government regulations. Proactive Outreach Manager supports key capabilities like Do Not Call lists, Opt-out, and Opt-In. Proactive Outreach Manager applications utilize Avaya Voice Portal and Avaya Dialog Designer for open standards based campaign design, development, implementation, management, administration, and reporting. Outbound applications run on the same high availability architecture designed and developed specifically for mission critical customer self service applications. With Avaya Voice Portal, organizations can quickly build multichannel self service campaigns that seamlessly blend outbound notification with inbound self service interactions: all on the same platform. This approach provides organizations a means of vastly simplified management and administration of both inbound and outbound self service applications and client data. Today's organizations are challenged to continually improve customer satisfaction and revenues while dramatically lowering costs. To improve in all these areas, many organizations have moved to automating outbound customer care. Automating outbound self service and notifications is a great way to expand customer service and support as well as reduce and shape live customer call volume to lower cost, automated channels. This approach can result in a significant reduction in service cost while in most cases also improve service levels, enterprise responsiveness, and customer satisfaction. 5.3.0.5 Communications End Points and Applications • Attendant Consoles • IP Phones Avaya es once: Mobility is playing an ever increasing role in business life. This trend is leading companies to explore new ways of working that can drive growth and increase competitive advantage while reducing costs. One compelling opportunity is integrating the powerful telephony capabilities available when in the office with the ubiquity and portability of the mobile device. Avaya is extending business communications applications to mobile devices, allowing employees to be more accessible and productive while on the move, even though employee mobility requirements may differ by their department and role within the organization. With the growing number of mobile devices options available to employees, it can be difficult to accommodate the possible combinations of devices and requirements. We know you want to make employees more productive, but at the same time, need to balance functionality and productivity with the associated costs. The Avaya one-X° Mobile family of clients provides options to increase employee productivity and responsiveness outside the office while helping to reduce mobile expenses. With direct integration to supported Avaya Aura°Communication August 30, 2013 ©2013 Avaya Inc. Page 104 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 950 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Manager telephony platforms and broader application integration, one-X Mobile sets a goal of meeting requirements, as well as the needs of its employees. Avaya Extension to Cellular Avaya has pioneered enterprise fixed mobile convergence systems and applications with the Extension to Cellular capabilities of Communication Manager since 2001. This robust mobility application extends enterprise communications capabilities to mobile workers in any global location. It bridges a mobile device to a desk phone providing true one business number access. The software based solution provides the foundation for the Avaya one-X® Mobile family of clients and can be easily deployed to any mobile device though a simple activation of an Extension to Cellular license on the supported Communication Manager telephony application. Avaya one-X0 Mobile Avaya one-X° Mobile builds on the functionality of Extension to Cellular by providing a family of mobile clients designed to further enhance the productivity of enterprise mobile workers. It provides an intuitive graphical user interface to provide quick access to office phone functionality. The clients support most major mobile operating systems and devices ranging from high end smart phones to lower end feature phones providing support for most enterprise environments, independent of the mobile devices deployed or wireless networks used. All one-X Mobile clients offer one number and one voicemail in addition to enhanced features available via an intuitive interface on the mobile device. The following clients offer Unified Communication features, such as visual voicemail, corporate directory lookup and user controlled call routing: • Avaya one-X° Mobile for iPhone • Avaya one-X° Mobile for Android • Avaya one-X° Mobile for Java • Avaya one-X° Mobile for Palm • Avaya one-X°Mobile for RIM • Avaya one-X° Mobile for Windows Mobile 5 (unified communications version) • Avaya one-X° Mobile for Windows Mobile 6 (unified communications version) The following clients offer Telephony features, such as conference, transfer, call park, and other PBX features: • Avaya one-X° Mobile for Symbian • Avaya one-X° Mobile for Windows Mobile 5 (telephony version) • Avaya one-X° Mobile for Windows Mobile 6 (telephony version) Avaya one-X Mobile can be deployed with a telephony only integration to provide single number access for both incoming and outgoing calls as well as direct access to sophisticated features found on your office phone from your mobile device. The implementation is software based and only requires the purchase of Extension to Cellular software licenses added to an existing Communication Manager server along with the download and installation of the appropriate client from the Avaya support website at support.avaya.com. This deployment provides a robust integration with Communication Manager without the need for additional hardware components. August 30, 2013 ©2013 Avaya Inc. Page 10.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 951 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya IP Wirelesshones In building wireless voice delivers many distinct advantages and benefits. It provides a secure means of un-tethering workers while keeping key employees available to customers and co-workers. By facilitating communications, in building wireless voice can increase workforce productivity. In addition, since wireless voice can work with and extend the existing IT infrastructure, it leverages your existing investment. The benefits of its wireless voice solution can be augmented by taking advantage of a converged IP network and integrate business-enabling applications. Avaya can help design and develop customized applications such as the following: Avaya 3641 IP Wireless Telephone/Avaya 6120 WLAN Handset The Avaya 3641 IP Wireless Telephone, and its counterpart the Avaya 6120 WLAN Handset, is an intermediate level phone designed for environments where high end-point density or vertical application integration is required. It supports 2.4 and 5.0 GHz WiFi using 802.11 a and 802.11 b/g. The Avaya 3641 IP Wireless Telephone/6120 WLAN Handset has ruggedized durability and provides up to four hours of talk time and 80 hours of standby time with the standard battery. Optional Extended and Ultra Extended batteries provide up to six hours of talk time and up to 120 hours of standby time and up to eight hours of talk time and up to 160 hours of standby time, respectively. It is IP 53 certified for resistance to dust and liquid, MIL 81 OF Proc IV 516.5 for shock resistance, environmentally friendly, while being both Waste from Electric and Electronic Equipment and Restriction of Hazardous Substances compliant. The Avaya 3641 IP Wireless Telephone/6120 WLAN Handset implements Quality of Service via the SpectraLink Voice Priority protocol, a Quality of Service mechanism that is implemented in the 3641 Telephone/6120 Handset and Access Point which gives preference to voice packets over data packets on the wireless medium. In addition, if the Access Point supports WiFi Multimedia, the wireless telephone automatically discovers it and uses it. The Avaya 3641 IP Wireless Telephone/6120 WLAN Handset features a grayscale Display (128x96 pixels), Navigation Keys, four Soft Keys, and five user selectable profiles. It features a personal Directory, Local Speed Dial, One touch Dialing, Keypad Lock/Auto lock, Battery and Signal Strength Indicators, Display Contrast Adjustment, User Name Display, and Extension Display. The Avaya 3641 IP Wireless Telephone/6120 WLAN Handset also features a headset jack and an office quality Speakerphone. August 30, 2013 ©2013 Avaya Inc. Page 106 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 952 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-1 Avaya 3641 IP Wireless Telephone/Avaya 6120 WLAN Handset s �3 $gi a, 12 Avaya 3645 IP Wireless Telephone/Avaya 6140 WLAN Handset The Avaya 3645 IP Wireless Telephone, and its counterpart the Avaya 6140 WLAN Handset, is a high end phone designed for environments where high end-point density or vertical application integration is required. It supports 2.4 and 5.0 GHz WiFi using 802.11 a and 802.11 b/g. The Avaya 3645 IP Wireless Telephone has all the same features and functionality of the Avaya 3641 IP Wireless Telephone and also supports a Push to Talk feature, with 24 channels and a priority channel, as well as a larger ear cup, larger fonts, and rubberized side grips. The Avaya 3645 IP Wireless Telephone/6140 WLAN Handset has ruggedized durability and provides up to four hours of talk time and 80 hours of standby time with the standard battery. Optional Extended and Ultra Extended batteries provide up to six hours of talk time and up to 120 hours of standby time (Extended) and up to eight hours of talk time and up to 160 hours of standby time (Ultra Extended), respectively. It is IP 53 certified for resistance to dust and liquid, MIL 81 OF Proc IV 516.5 for shock resistance, environmentally friendly, while being both Waste from Electric and Electronic Equipment and Restriction of Hazardous Substances compliant. The Avaya 3645 IP Wireless Telephone/6140 WLAN Handset implements Quality of Service via the SpectraLink Voice Priority protocol, a Quality of Service mechanism that is implemented in the Avaya 3645 Telephone/6140 Handset and Access Point which gives preference to voice packets over data packets on the wireless medium. In addition, if the Access Point supports WiFi Multimedia, the wireless telephone automatically discovers it and uses it. The Avaya 3645 IP Wireless Telephone/6140 WLAN Handset features a grayscale display (128x96 pixels), Navigation Keys, four Soft Keys, and five user selectable profiles. It features a personal Directory, Local Speed Dial, One touch Dialing, Keypad Lock/Auto lock, Battery and Signal Strength Indicators, Display Contrast Adjustment, User Name Display, and Extension Display. The Avaya 3641 IP Wireless Telephone/6140 WLAN Handset also features a headset jack and an office quality Speakerphone. August 30, 2013 ©2013 Avaya Inc. Page 107 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 953 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-2 Avaya 3645 IP Wireless Telephone/Avaya 6140 WLAN Handset `t i u � w� f s � F S � S4 Avaya Extension to Cellular The powerful Extension to Cellular feature of Communication Manager can connect callers to employees wherever they are, with just one call. Extension to Cellular enables users to remain productive while mobile with one number and one voicemail capability. It delivers one number access by enabling calls bound for an employee's business number to ring simultaneously on both the office telephone and up to four mobile (or wireline)telephones. While on a call, users can access advanced features such as transfer and conference. Access to enhanced productivity and cost savings features via a GUI on the mobile device is available with the one-X Mobile solution. This augmentation to Extension to Cellular is available on Windows Mobile 5, Windows Mobile 6, Symbian (Nokia), Java, Palm, RIM (BlackBerry), and Apple iPhone devices. The benefits of Extension to Cellular include: • Improved Customer Interactions: Customers only require a single number to contact employees whether the employees are roaming the office or campus environment or working from a virtual office, a hotel room, or a customer location. • Increased Productivity: Mobile workers are reachable and available anywhere at any time and in turn have the ability to reach others, enabling them and the entire enterprise to be dramatically more efficient and productive. • Reduced Costs: Mobility helps workers achieve cost savings in a variety of ways, making it possible, for example, to place lower cost IP telephone calls and minimize use of the public cellular network. International calls can be place through, and tracked by, the local Communication Manager system. • Leverage Existing Infrastructure: Avaya mobility solutions mean the power and functionality of the enterprise is always at hand. For example, financial advisors can record conversations and lawyers can track billable time from their mobile phones,just as they would if they were at their desk. August 30, 2013 ©2013 Avaya Inc. Page 108 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 954 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya IP DECTjuin Avaya IP DECT solutions for Communication Manager and Avaya IP Office deliver secure, high quality wireless voice communications to mobile employees within a building or across a campus. Consisting of lightweight wireless handsets (portable parts) and associated radio base stations (radio fixed parts), these solutions use tried and true standards based technology that scales to support a large number of users. They are particularly useful for those needing high quality wireless voice communications while keeping voice and data on separate enterprise wireless networks. The solutions leverage the Digital Enhanced Cordless Telecommunications standard pioneered in Europe and approved for use in the United States in 2005. The most notable aspects are: • Unlike other wireless communications technologies, digital enhanced cordless telecommunications has a dedicated frequency band thereby preventing interference from other radio sources. • The technology requires relatively little power, enabling handsets to support very long talk times. • It has ample channels to support high density voice communications. • It has strong security with highly effective subscription and authentication protocols to prevent unauthorized access and advanced encryption for protection against eavesdropping. These characteristics make digital enhanced cordless telecommunications a compelling technology for businesses seeking to deploy in-building wireless voice communications solutions. Avaya DECT R4 is an In-building Wireless Communication offer for customers in need of a voice only wireless solution. It runs on Communication Manager and Avaya IP Office and features all advantages of a full blown solution for the enterprise market: cost effective high wireless voice quality in a frequency band exclusively reserved for it that is secure, easy to deploy and enhance. The solution consists of: • Wireless handsets; the Avaya 3720 and 3725 DECT Wireless Handsets • Radio base stations (with internal and external antennas) with an IP interface for usage with Communication Manager and IP Office • An appliance server, the Avaya In-building Wireless Server, for centralized functions; such as, corporate directory and internal phonebook access, simple text messaging, integration of messaging and other external applications, centralized configuration and maintenance. In addition, an ISDN-based version is available for use with Avaya Integral Enterprise and Avaya Integral 5 systems. Since the solution includes a handset with a Bluetooth headset interface as well as an appliance server for attaching messaging applications it is especially well suited for verticals like healthcare and retail. All handsets and radio base stations support the frequency bands in EMEA, NAR, and CALA with the same hardware and firmware. Avaya one-X8 Communicator Avaya one-X°Communicator is the next generation unified communications softphone that provides enterprise users with simpler, more intuitive access to all their everyday communications tools. It provides business users with a consistent interface for Communication Manager via SIP or H.323, so it is the natural evolution path if you are currently using the H.323-based IP softphone or SIP-based Avaya one- X° Desktop. August 30, 2013 ©2013 Avaya Inc. Page 109 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 955 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Used on its own, it offers robust softphone capabilities including video, and integrations to Microsoft, IBM Lotus, Citrix, and Lenovo. When integrated with the one-X Portal server, it offers presence, visual voice mail, management of audio conference calls, and 24x7 call logs. Given the control of all the features extended to the desktop phone, it is the ideal choice for user profiles that Avaya has defined as Essential (power users who use the phone frequently, flip between multiple calls, often manage ad hoc conference calls, and require access to Communication Manager features) and Navigator(typically an administrative person who manages multiple calls and bridged calls on behalf of a number of employees). Many enterprise workers are bombarded with too many meetings, calls, emails, Instant Messages, voicemails, and faxes from customers, coworkers, suppliers, partners, and even family. On the best day it can be a challenge to make sure that all the highest priority tasks are completed on time. It is a software solution that is implemented on PCs provided by the enterprise. With one-X Communicator, users can manage communications tasks better, making them more productive, responsive, and collaborative regardless of where they are working on any given day. The application client combines softphone, intelligent presence, voice/video calling, visual voicemail, visual voice/video conferencing, as well as access to corporate directories and call logs. The State of Utah and the WSCA-NASPO Participating States can deploy one-X Communicator either as a standalone client or as an integrated part of leading desktop productivity tools like Microsoft°Office Communicator, IBM Lotus Sametime, and Citrix Presentation Server. The one-X Communicator supports multiple languages, including: Chinese (Simplified), Dutch, French (Parisian), German, English, Italian, Japanese, Korean, Portuguese (Brazilian), Russian, Spanish (Latin American). Avaya one-X8 Agent The optional Avaya one-X°Agent is a desktop application built specifically to meet the needs of contact center agents. It is focused on providing H.323 telephony and contact center features provided by Communication Manager and Call Center Elite software. one-X Agent provides features that include: Transfer, Conference, VuStats, Agent Greetings, Screen Pops, Click to Dial, and more. The user interface uses a new Work Item rather than a Call paradigm for work handling, a number of platform options, and new features including integration to the Avaya Video Telephony Solution. It has three major market themes: Collaboration, Supervisor Desktop, and Central Management and Configuration. • Collaboration brings a number of new capabilities to the Contact Center including Presence, Instant Messaging, Desktop Sharing, and the ability to stream video content to another user. • The Supervisor Desktop configuration introduces a communications client to complement existing reporting clients. This configuration allows better collaboration and communication between agents, supervisors, and experts, and also automates supervisor specific functions; such as Service Observing, Quick Alert, and Coaching. • Central Management and Configuration introduces a new server application for the central management and control of the application and user profiles, allowing them to be deployed in a just-in-time manner to the user's current one-X Agent desktop. It also introduces the first phase of a Client API that allows other custom desktop executables to subscribe to events occurring in the program and to execute common from within such applications. It enables customers to deploy a single agent desktop application regardless of the location of the agent, and agents are able to more effectively manage both communications and agent tasks, which in turn makes them more productive, responsive, and collaborative regardless of where they are working. August 30, 2013 ©2013 Avaya Inc. Page 110 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 956 ofp117212 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications It supports a variety of deployment options and a full complement of Communication Manager connection modes including My Computer(Roadwarrior/VoIP), Another Phone (Telecommuter/Dual Connect), and Deskphone, where it shares control of an Avaya telephone via the Communication Manager server. This set of options enables customers to deploy a single desktop application and provides seamless support for at home, remote, and outsourced agents, as well as agents physically located in a centralized contact center. The one-X Agent is a Thick .NET Client that enables rich multimedia and contact center quality VoIP. For customers interested in utilizing Thin technologies it supports Windows Desktop Virtualization so that customers can deploy the product on Windows Server 2003 and 2008, which can be managed by the native capabilities within the Microsoft Windows Server 2008 Terminal Services platform, or through technologies like Citrix XenApp, VMWare VDI, and Sun SunRay. It is customer installable via an industry standard MSI installation, which offers significant flexibility and a number of options. Very simple interactive installations can be initiated from the Installation Wizard, a user-friendly wrapper around the base MSI database. An optional command line installation provides the ability to run the installation silently by using installer defaults which can be modified by an administrator. The base MSI database may be extracted and further transformed by the customer administrators, Avaya Professional Services or Avaya Business Partners. In addition, Installation Administrators will have the option of providing global user configurations to each desktop for users at that desktop to share, either as part of an MSI transform installation, or by other standard PC Administration tools. Avaya Professional Services provides a comprehensive set of services to support customized installations, configuration, screen pop, agent greetings, and other valuable desktop related services. Avaya one-X8 Deskphone Edition The Avaya one-X° Deskphone Edition delivers a unique communications experience that drives increased employee productivity. These Avaya 9600 series IP telephones feature an intuitive interface that helps users to be proficient and confident in performing common telephone tasks such as setting up a conference call or completing a transfer. With enhanced high fidelity audio, conversations are much easier to hear, which can speed business transactions while reducing employee fatigue and stress. The telephones provide exceptional audio performance and are green. The newest additions to the portfolio take the portfolio to new levels of power efficiency including PoE Class One models that includes integrated gigabit and a color screen. All the new models consume even less power when not being used. The telephones are signaling protocol independent with two telephony applications, one-X Deskphone H.323 and one-X Deskphone SIP, that support H.323 or SIP respectively. This means that whether the enterprise chooses H.323 for its broad feature support and backwards compatibility or access to Avaya Aura and low cost branch survivability, it can use the Avaya 9600 series IP telephones to drive personal productivity and competitive advantage. The one-X Deskphone family features an intuitive user interface which helps to make users proficient and confident in performing common telephone tasks such as setting up a conference call or completing a transfer. With brilliant audio quality, it's much easier to hear and understand other people which speeds business while reducing fatigue and stress. Models now support voice commands for speech based dialing, via an embedded speech recognition engine, and allow workers to dial personal contacts stored on the phone or a USB memory stick. The Avaya 9600 series IP telephones are built with future growth and enhancement in mind, with many modular add-ons that can be added as they are needed, protecting investments and leading to improved total cost of ownership. They also feature a very stylish and professional design including support for customized display screen saver images and custom faceplates with company logos. They support several modes of 802.1X operation that include supplicant operation for true authentication of the telephone, pass through of 802.1X messages for authentication of an attached PC, and a multi August 30, 2013 ©2013 Avaya Inc. Page 111 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 957 ofp117232 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications supplicant mode in which both the telephone and the PC can be authenticated. Proxy logoff is also supported to alert the network if an authenticated PC is disconnected from the telephone. Avaya 9601 SIP Telephone The Avaya 9601 SIP telephone is a two line telephone ideally suited for the everyday user as well as for common areas (such as lobbies, lunchrooms, and waiting areas). It delivers the advantages of advanced, integrated connectivity in an entry level device that is cost effective to acquire and operate. Shipped with the one-X Deskphone SIP software pre-loaded, it is ready to interoperate with Avaya Aura°out of the box,9roviding an economical option for taking advantage of the wide range of capabilities that Avaya Aura makes possible. As part of the Avaya 9600 series IP telephones, it leverages the enterprise IP network to deliver sophisticated voice communications from headquarters, remote locations or home offices. Integrated with Avaya Aura°, the Avaya 9601 SIP telephones evolutionary approach optimizes communications through a flexible architecture that leverages existing investments and accommodates changing business needs. Figure 5.3.0.5-3 Avaya 9601 SIP Telephone Ut k X� Ne The Avaya 9601 SIP telephone supports reduced energy consumption and costs through PoE Class 1 design with sleep mode. Avaya 9608 IP Telephone The Avaya 9608 IP telephone is an eight line telephone ideally suited for everyday users; that is, those who consider the phone to be one of many useful communication tools and who rely on common functions like directory and speed dial to enhance productivity and communications. The competitively priced, high performing IP telephone features a monochrome display, four softkeys, common user interface with one-X solutions, high definition audio quality, integrated Ethernet interface, support for Bluetooth®, and DECT headsets and up to three 12 or 24 Button Expansion Modules. August 30, 2013 ©2013 Avaya Inc. Page 112 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 958 ofp117332 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Part of the Avaya 9600 series IP telephones, it telephone leverages the enterprise IP network to deliver sophisticated voice communications from headquarters, remote locations or home offices. Integrated with Avaya Aura°, its evolutionary approach optimizes communications through a flexible architecture that leverages existing investments and accommodates changing business needs. Figure 5.3.0.5-4 Avaya 9608 IP Telephone s b'!j . At The Avaya 9608 IP telephone delivers high definition audio that can increase productivity by reducing fatigue and provides easier to understand multiparty calls through the wideband audio codec in the handset and headset. It simplifies call control on the display using softkeys for everyday functions such as transfer, conference and forwarding and to access everyday processes including third-party applications such as company-wide corporate directories. It also provides visual cues that can speed task management through eight Red/Green LEDs This telephone supports reduced energy consumption and costs through PoE Class 1 design with sleep mode. Avaya 9611 G i P Telephone The Avaya 9611 G IP telephone is an intermediate eight line telephone ideally suited for users that consider the phone to be a daily communication tool and who rely on common functions such as directory and speed dial to enhance productivity and communications. Part of the Avaya 9600 series of IP telephones, it leverages the enterprise IP network to deliver sophisticated voice communications from headquarters, remote locations, and home offices. Integrated with Avaya Aura°, this telephone's evolutionary approach optimizes communications through a flexible architecture that leverages existing investments and accommodates changing business needs. It features a color display, common user interface with one-X solutions, high definition audio quality, supports Bluetooth°, a USB interface, integrated Gigabit Ethernet, a secondary Ethernet port, Bluetooth° and DECT headsets, and up to three 12- or 24-button Expansion Modules. August 30, 2013 ©2013 Avaya Inc. Page 113 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 959 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-5 Avaya 9611 G IP Telephone � y�r �t x Benefits The Avaya 9611 G IP telephone delivers high definition audio that can increase productivity by reducing fatigue. It provides easier to understand multiparty calls through the wideband audio codec in the handset and headset. Call control on the display is simplified by using soft keys for everyday functions such as transfer, conference, and forwarding, and to access everyday processes that include third party applications such as companywide corporate directories. It also provides visual cues that can speed task management via eight red/green LEDs. Energy consumption and costs are reduced via a PoE Class 1 design with sleep mode. Avaya 9620L IP Telephone A member of the one-X Deskphone Edition family, the Avaya 9620L IP telephone is a reduced cost version of the Avaya 9620 IP telephone that is specifically designed for walkup locations; that is, those placed in public places for the convenience of customers and employees but with reduced, restricted functionality. August 30, 2013 ©2013 Avaya Inc. Page 114 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 960 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-6 Avaya 9620L IP Telephone IY` 1 dF� 1 I l 1 i J. 1 The Avaya 9620L IP telephone features a 3.45 inch (9 cm) diagonal monochrome backlit display, which has an enhanced higher resolution (1/4 VGA). It supports up to 12 call appearances and/or administered feature keys with three concurrent line appearances visible at any one time. It features several LED lights and buttons. LED lights on the side of the display provide explicit status of different line appearances, while LEDs built into several buttons on the phone such as Mute, Message, and Headset provide an intuitive and simple experience for the everyday end user. It offers the same features and functionality of the Avaya 9620C IP telephone except that it does not include certain hardware features; such as, the USB port, which is used to support USB 1.1 compatible thumb drives for personal contacts, and an adapter interface for Bluetooth and Gigabit adapters. As such, while most of the Avaya 9600 series IP telephones are PoE Class 2 devices, the Avaya 9620L is a PoE Class 1 device because it uses less power to drive the telephone. Avaya 9620C IP Telephone A member of the one-X Deskphone Edition family, the Avaya 9620C IP Telephone is specifically designed for the everyday telephone user; that is, those who rely on multiple communications tools such as email and Instant Messaging, yet still require a high quality and intuitive telephone for voice communications. August 00, 201 (D2013 Avaya Inc. Page 11.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 961 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-7 Avaya 9620C IP Telephone f h ar The Avaya 9620C IP telephone features a 3.45 inch (9 cm) diagonal color backlit display. The Avaya 9620C IP telephone supports up to 12 call appearances and/or administered feature keys with three concurrent line appearances visible at any time. The Avaya 9620C IP Telephone features several LED lights and buttons. LED lights on the side of the display provide explicit status of different line appearances, while LEDs built into several buttons on the phone such as Mute, Message, and Headset provide an intuitive and simple experience for the everyday end user. The user interface on the Avaya 9620C IP telephone is helpful and intuitive, so completing call transfers and setting up ad hoc conference calls is simple and can be executed with confidence, even for the casual, everyday user. Avaya 9621G IP Telephone The Avaya 9621 G IP telephone is a multiline deskphone ideally suited for people who spend considerable amounts of time on the phone and who rely on intelligent communications and productivity enhancing capabilities. To serve that purpose, it has a graphical color display, larger touch screen, and integrated Gigabit interface. Competitively priced and high performing, this deskphone provides high definition audio quality, customized colors, faceplates, integrated Gigabit, and a secondary Ethernet port. Part of the Avaya 9600 series of IP telephones, this telephone leverages the enterprise IP network to deliver sophisticated voice communications from headquarters, remote locations, and home offices. Integrated with Avaya Aura°, the Avaya 9621G IP telephone's evolutionary approach optimizes communications through a flexible architecture that leverages existing investments and accommodates changing business needs. August 30, 2013 ©2013 Avaya Inc. Page 115 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 962 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-8 Avaya 9621G IP Telephone r'- 7° 2 Benefits The Avaya 9621 G IP telephone delivers high definition audio that can increase productivity by reducing fatigue. It provides easier to understand multiparty calls through the wideband audio codec in the handset and headset. It facilitates access to information through an easy to read high resolution color display and speeds completion of common telephony tasks with intuitive prompts on the touch screen. One touch access from the home screen makes it easy to access other applications. This dynamic telephone supports enhanced productivity by improving call control and management through a graphical display that anticipates user intentions and makes contextual menus, prompts, and instructions easy to read. It guides users through critical functions such as call transfer, conferencing, and forwarding by providing soft keys that also guide users through processes, including third party applications such as companywide corporate directories. It also enhances flexibility with integrated Gigabit Ethernet, inclusion of a secondary Ethernet line interface, and support for Bluetooth via an adapter. Energy consumption and costs are reduced via a PoE Class 2 design with sleep mode. Avaya 9630G IP Telephone A member of the one-X Deskphone Edition family, the Avaya 9630G IP telephone is specifically designed for the essential telephone user; that is,those for whom the telephone is essential in order for them to complete theirjob, such as sales representatives, relationship managers, and attorneys. Smart, sleek, stylish, and highly functional, the Avaya 9630G IP telephone delivers advanced communications capabilities, including high definition audio, an integrated WML application interface, one touch access to Communication Manager mobility or forward features. It supports higher quality wideband audio in the handset, and headset as well as the speakerphone, which provides crystal clear audio with the elimination of background noise. The backlit display and intuitive interface simplifies access to advanced Communication Manager features such as simultaneously managing multiple calls and selectively muting and dropping conference call participants. August 30, 2013 ©2013 Avaya Inc. Page 117 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 963 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications And, with its dual position flip stand, it makes a smart looking addition to any desk. Through its integrated web browser and application interface, it supports productivity enhancing phone applications such as corporate directories and integration with Microsoft Outlook calendars. It telephone provides built in Gigabit Ethernet support with an energy efficient PoE Class 2 rating. Figure 5.3.0.5-9 Avaya 9630G IP Telephone �B y, r t11 t di3 It features a 3.8 inch (9.65 cm) diagonal monochrome backlit display, which has been enhanced with higher resolution (1/4 VGA) as compared with other available monochrome telephones from Avaya. It supports up to 24 call appearances and/or administered feature keys with six concurrent line appearances visible at any time. It has several LED buttons throughout the front of the phone. Six LED line appearance buttons on the side of the display provide explicit status of different line appearances and administered features, while LEDs built into several buttons on the phone such as Mute, Message, and Headset provide an intuitive and simple experience for the everyday end user. It supports a 24 button expansion module. This provides the essential user with additional call appearances, bridged appearances, and administered feature keys including speed dials. August 30, 2013 ©2013 Avaya Inc. Page 118 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 964 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-10 9630 IP Telephone with SM24 Expansion Module a� Yo 4 n�4 Sly' Avaya IP Telephones A member of the one-X Deskphone Edition family, the Avaya 9640 and 9640G [9640(G)] IP telephones with high resolution color display are specifically designed for the essential telephone user; that is, sales representatives, relationship managers, and attorneys. The Avaya 9640(G) IP telephone provides superior high fidelity audio, built in, one touch access to key Communication Manager mobility features, and a stylish but professional design. It supports higher quality wideband audio in the handset, and headset as well as the speakerphone, which provides crystal clear audio with the elimination of background noise. The backlit display and intuitive interface simplifies access to advanced Communication Manager features such as simultaneously managing multiple calls and selectively muting and dropping conference call participants. With its dual position flip stand, the Avaya 9630(G) IP telephone makes a smart looking addition to any desk. Through its integrated web browser and application interface, the Avaya 9640(G) IP telephone supports productivity enhancing phone applications such as corporate directories and integration with Microsoft Outlook calendars. The Avaya 9640G IP telephone also provides built in Gigabit Ethernet support with an energy efficient PoE Class 2 rating. The Avaya 9640(G) IP telephone is the ideal telephone to support productivity enhancing phone applications such as corporate directories, integration with Microsoft Outlook calendars and surveillance cameras/webcams (refreshed still images). August 30, 2013 ©2013 Avaya Inc. Page 119 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 965 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-11 Avaya 9640(G) IP Telephone 1 �S 1 k, a { ,t 1�I �t 3 Tc The Avaya 9640(G) IP telephone features a 3.8 inch (9.65 cm) diagonal high resolution color backlit display and it supports up to 24 call appearances/administered feature keys with six concurrent line appearances visible at any time. The six LED line appearance buttons on the side of the display provide explicit status of different line appearances and administered features. The Avaya 9640(G) IP telephone supports a 24 button expansion module, which provides the essential user with additional call appearances, bridged appearances, and administered feature keys including speed dials. Avaya 9641G IP Telephone The Avaya 9641 G IP telephone is a premium multiline deskphone ideally suited for people who spend considerable amounts of time on the phone and who rely on intelligent communications and productivity enhancing capabilities. To serve that purpose, it has a graphical color display, larger touch screen, and integrated Gigabit interface. Competitively priced and high-performing, this deskphone provides high definition audio quality, customized colors, faceplates, integrated Gigabit, a secondary Ethernet port, and support for up to three 12 or 24 button Expansion Modules. Part of the Avaya 9600 series of IP telephones, this telephone leverages the enterprise IP network to deliver sophisticated voice communications from headquarters, remote locations, and home offices. Integrated with Avaya Aura°, the Avaya 9641G IP telephone's evolutionary approach optimizes communications through a flexible architecture that leverages existing investments and accommodates changing business needs. August 30, 2013 ©2013 Avaya Inc. Page 120 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 966 ofp117312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-12 Avaya 9641G IP Telephone Benefits The Avaya 9641 G IP telephone delivers high definition audio that can increase productivity by reducing fatigue. It provides easier to understand multiparty calls through the wideband audio codec in the handset and headset. It facilitates access to information through an easy to read high resolution color display and speeds completion of common telephony tasks with intuitive prompts on the touch screen. One touch access from the home screen makes it easy to access other applications. This dynamic telephone supports enhanced productivity by improving call control and management through a graphical display that anticipates user intentions and makes contextual menus, prompts, and instructions easy to read. It guides users through critical functions such as call transfer, conferencing, and forwarding by providing soft keys that also guide users through processes, including third party applications such as companywide corporate directories. It also enhances flexibility with integrated Gigabit Ethernet, inclusion of a secondary Ethernet line interface, and support for Bluetooth via an adapter. Energy consumption and costs are reduced via a PoE Class 2 design with sleep mode. Avaya IP Telephones A member of the one-X Deskphone Edition family, the Avaya 9650 and 9650C [9650(C)] IP telephones are specifically designed for the navigator users, such as receptionists, assistants, and managers; that is, people who answer incoming calls, transfer callers to different departments or extensions, and monitor several line appearances throughout a typical day. The Avaya 9650(C) IP telephone features built in button module functionality with one touch access to bridged call appearances, speed dials and feature keys. It supports higher quality wideband audio in the handset, and headset as well as the speakerphone, which provides crystal clear audio with the elimination of background noise. It supports built in button module functionality with eight physical buttons with shift capability for a total of 16 feature keys to provide simple one touch access to partners, speed dials and feature keys. And, with its dual position flip stand, August 30, 2013 ©2013 Avaya Inc. Page 121 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 967 ofp117332 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications the Avaya 9650(C) IP telephone makes a smart looking addition to any desk. It also supports up to three SBM 24 button expansion modules. Figure 5.3.0.5-13 Avaya 9650C IP Telephone I k1 Q rw Through its integrated web browser and application interface, the Avaya 9650(C) IP telephone supports productivity enhancing phone applications such as LDAP corporate directories and integration with Microsoft Outlook calendars. Avaya 9670G IP Telephone The Avaya 9670G IP telephone is designed for people who are constantly on the phone, handle multiple calls, and are often mobile. This telephone is designed to deliver powerful and consistent communications across a variety of end user devices. It is rich in features yet easy and intuitive to use. It includes a large bright interface with one touch access to contacts, applications, and real time information. Embedded server less applications are responsive and do not require support from IT. It also provides integrated Gigabit Ethernet and support for Bluetooth. August 30, 2013 ©2013 Avaya Inc. Page 122 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 968 ofp117432 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-14 Avaya 9670G IP Telephone r f r The icon based home screen is the command center of the telephone, putting the user one touch away from dialing a contact, launching an application, or accessing important information. Its bright bold icons eliminate the need for extraneous buttons, providing a user interface that is informative and visually pleasing. There is even a virtual QWERTY keyboard for easy input and editing. The audio experience is every bit as remarkable. The wideband range (50-7001-1z) provides natural sounding low frequencies and crystal clear high frequencies. Its industrial and acoustic design maximize the performance of the audio capabilities to deliver brilliant sound, whether on handset, headset, or in hands free mode. Avaya SBM24 Button Module The SBM24 Button Module extends the number of call appearances and feature buttons on a telephone. It provides 24 additional lines for incoming calls, outgoing calls, and calling features. Typical uses include: • Additional lines for calls bridged from one or more other extensions • Abbreviated dialing buttons • Buttons to access additional switch features like call forwarding Note that call appearances and features the Button Module displays also appear in the call appearances and features lists of the telephone. August 30, 2013 ©2013 Avaya Inc. Page 123 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 969 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-15 Avaya 24 Button Expansion Module for 9600-series IP Telephones i Iia Mm Avaya Button Module BM12 The Avaya Button Module BM12 is a 2 x 12 Button Module that is supported on the Avaya 9608, 9611 G, and 9641 G IP Deskphone and provides dual color LEDs/buttons aligned with 12 rows on the graphical display. Figure 5.3.0.5-16 Avaya Button Module 12 for 9601-series IP Telephones i August 30, 2013 ©2013 Avaya Inc. Page 124 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 970 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya Conference Phones It's challenging these days to find enough time for work, family, and leisure. Demanding work schedules, business trips with inevitable airport delays, and daily commutes with traffic jams make finding a healthy life balance difficult. More and more businesses are embracing remote technologies to promote a better work-life balance for their employees and to do their part for the environment. Avaya recognizes that businesses are increasingly using remote communications technologies to conduct meetings because these technologies save time and cut travel costs, and make companies greener. The benefits of teleconferencing have dramatically shifted businesses' attitudes toward it in recent years. Avaya offers a full portfolio of conference phones including analog and IP that will meet any business conferencing needs whether it be for a conference room or a large auditorium. Avaya conference phones are ideal for day to day group collaboration in ad hoc meeting rooms, breakout rooms, and all size conference rooms. 360 degree microphone coverage assures that everyone in the room can be heard. Full duplex technology means simultaneous two-way transmission. There is no changeover from incoming to outgoing, thereby eliminating the clipping and hollow sounds associated with conventional half duplex speakerphones. Avaya B100 Conference Phones Avaya acquired Konftel in January 3, 2011 and re-branded their phones to the Avaya B100 Series, which includes: • Avaya B149 • Avaya B159 • Avaya B179. Konftel, a Swedish based manufacturer of loudspeaker communication and audio technology devices founded in 1988, was Number 2 in market share for the desktop audio conference phone market. The Avaya B100 Series Conference Phones are the re-branded Avaya version based on Konftel product. The Avaya B100 Series Conference Phones offer sophisticated and easy to use communication solutions for small to large companies that provide superior voice quality with the award winning OmniSounda audio technology. The B100 Conference Phones cost effectively offer a variety of low bandwidth, plug and play deployment options that address the unique needs of different user groups within an organization via a broad choice of models. With a sleek appearance and suite of smart productivity features, the B100 Series Conference Phones are an ideal choice for companies wanting to add endpoints to their existing infrastructure or with the deployment of a new network. The Conference Phones can be used to complement scheduled meetings and training sessions or for impromptu calls between globally dispersed offices and remote workers. Avaya B149 Conference Phone The Avaya B149 Conference Phone is an excellent choice when holding telephone conferences without compromising sound quality. It is equipped with Avaya patented OmniSound®audio technology, for crystal-clear sound and supports a Phone Book for saving contacts and a conference guide to easily set up multi-party calls or pre-programmed group calls. It also has a built-n recording function that enables calls to be recorded on an SD memory card. With its modern Scandinavian design, it will be a welcome addition to any conference room. It is also ideal in larger settings with the addition of optional expansion microphones. Productive telephone conference meetings can be held that not only save time but also the environment, as well by cutting travel expenses. August 30, 2013 ©2013 Avaya Inc. Page 12.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 971 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-17 Avaya B149 Conference Phone rt r�4 t� t U- Crystal Clear Sound: OmniSounda audio technology provides clear transmission during meetings so no part of the discussion is missed. Full duplex operation transmits and receives sound simultaneously to prevent audio clipping. The phone features 360° surround sound as well as powerful speakers to optimize audio pick up and broadcasting, while noise suppression filters cut static background noise and an equalizer allows the pitch to be adjusted to suit the user's preference. Plug and Play Simplicity: The Avaya B149 Conference Phone is simply connected to an analog telephone line and a power outlet, and it is ready to go! Quick and easy! Also included are a conference guide and a handy phone book to store key contacts. Flexibility and Productivity Enhancing Features: It supports enhance web conferencing, video, and other communications environments. It is a versatile high performer that complements the existing solutions and can be easily redeployed as the business grows or as needs change. Avaya B159 Conference Phone The Avaya 13159 Conference Phone is packed with many smart features and designed for flexible performance. Conversations can be recorded on SD memory cards while the line mode feature allows the user to switch between, and combine, three connectivity technologies; analog, cell phones, and USB. The conference guide helps the user make multiparty calls and save call groups, which is very useful if regular calls are made to the same group. It is also ideal in larger environments option expansion microphones are added, and also supports connectivity to a wireless headset and a public announcement system. It goes without saying that the Avaya 13159 Conference Phone delivers ultimate sound quality, based on a brand new generation of OmniSounda, Avaya crystal clear audio technology. Last, but not least, the Avaya 13159 Conference Phone has an intriguing Scandinavian design that enhances any conference table. August 30, 2013 ©2013 Avaya Inc. Page 126 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 972 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-18 Avaya B159 Conference Phone ram � a- Crystal Clear Sound: OmniSound®audio technology provides clear transmission during meetings so no part of the discussion is missed. Full duplex operation transmits and receives sound simultaneously to prevent audio clipping. The phone features 360° surround sound as well as powerful speakers to optimize audio pick-up and broadcasting, while noise suppression filters cut static background noise and an equalizer allows the pitch to be adjusted to suit the user's preference. Plug and Play Simplicity: The Avaya 13159 Conference Phone is simply connected to a telephone line and a power outlet, and it is ready to go! Quick and easy! Line mode lets the user switch and combine analog, mobile, and USB connections, the latter of which supports VoIP calls through a PC. Also included are a conference guide and a handy phone book to store key contacts. Flexibility and Productivity Enhancing Features: It supports enhance web conferencing, video, and other communications environments. It is a versatile high performer that complements the existing solutions and can be easily redeployed as the business grows or as needs change. Avaya B179 SIP Conference Phone The Avaya 13179 SIP Conference Phone is a flexible SIP-based conference phone, perfect for companies that use IP voice services. The clear natural sound comes from OmniSound®, Avaya patented wideband audio technology. This stylishly designed phone is packed with intelligent features for more efficient conference calls. Use the conference guide to call pre-programmed groups with just a few simple pushes of a button. Conveniently import and export contact details via the Web interface. Create a user phone book with the personal user profile feature. It is also ideal for larger conferences since it can accommodate expansion microphones, an external wireless headset, and a public announcement system. It combines all the benefits of IP voice service with innovative new features. August 30, 2013 ©2013 Avaya Inc. Page 127 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 973 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.0.5-19 Avaya B179 SIP Conference Phone f F m 4 ft �t r P 4 r Y Benefits Crystal Clear Sound: OmniSounda audio technology provides clear transmission during meetings so no part of the discussion is missed. Full duplex operation transmits and receives sound simultaneously to prevent audio clipping. The phone features 360° surround sound as well as powerful speakers to optimize audio pick up and broadcasting, while noise suppression filters cut static background noise and an equalizer allows the pitch to be adjusted. Plug and Play Simplicity: The Avaya B179 SIP Conference Phone is simply connected to an Ethernet line, and to a power outlet if the LAN does not have PoE. Line mode lets the user switch and combine analog, mobile, and USB connections, the latter of which supports VoIP calls through a PC. Also included are a conference guide and a handy phone book to store key contacts. Flexibility and Productivity Enhancing Features: Support for enhanced web conferencing, video, and other communications environments. This versatile high performer complements existing solutions and can be easily redeployed as the business grows or as needs change. 5.3.0.6 UC Network Management- Provides end-to-end service management for Unified Communications. Capabilities include testing, performance monitoring, configuration management, and business intelligence reporting. AvayaResponse: Avaya Contact Center Control Manager provides centralized operational administration for Avaya Contact Center products through an intuitive browser based interface. It allows one time definition and ongoing management of data and functions relevant to contact center systems such as agents, skills, vector directory numbers, vectors, service hours tables, vector routing tables, holiday tables, extensions, announcements, call flows, CTI, IVR working hours, dynamic prompts, and menu content. After the functions and data are defined, they are automatically provisioned to all relevant Avaya Contact Center products. Avaya Contact Center Control Manager seamlessly integrates with and supports operational administration of the following Avaya products. • Avaya Aura°Communication Manage August 30, 2013 ©2013 Avaya Inc. Page 128 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 974 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Avaya Call Management System • Avaya Aura° Presence Services • Avaya IQ • Avaya Aura°Session Manager • Avaya Aura°Contact Center • Avaya SIP Enablement Services • Avaya Interaction Center • Avaya Modular Messaging • Avaya Contact Center Express • Avaya Aura° Messaging • Avaya Proactive Contact • Avaya Communication Manager Messaging • Avaya Aura°Application Enablement Services • Avaya Aura°Collaboration Server • Avaya Voice Portal • Avaya one-X°Communicator • Avaya Aura° Experience Portal • Avaya one-X° Mobile • Avaya Proactive Outreach Manager • Avaya one-X° Portal • Avaya Interactive Response • Avaya one-X°Agent Key Features and Benefits Avaya Contact Center Control Manager offers the following features and benefits: • Centralized management and administration of all contact center applications • User friendly, web-based, highly personalized, thin client application interface • Simplifies administration and reduces labor intensive administrative tasks • Non-technical staff can perform administrative tasks easily • Full tenant partitioning with role based access controls • A single deployment of Contact Center Control Manager supports multiple Communication Manager systems • Seamless transition for customers with a mixed environment of Avaya Contact Center products • Negligible hardware requirements, a green solution enabling virtualization and cloud networking and processing • A scalable solution that accommodates organizations of all sizes August 30, 2013 ©2013 Avaya Inc. Page 129 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 975 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Intuitive visual call flow design and vector management • An unlimited number of virtual groups can be managed and agents can be assigned to multiple virtual groups • Full Microsoft°Active Directory integration with single sign on functionality 5.3.0.7 Collaboration -Voice, video, and web conferencing; messaging; mobile applications; and enterprise social software. Avaya Response: Avaya Aura°Conferencing is an enterprise conferencing and collaboration solution providing on demand integrated audio/video conferencing and web collaboration. With the Avaya Flare° Experience interface, it delivers a seamless unified communication and collaboration experience. Conferencing provides reliable call preservation and redundancy as well as outstanding bandwidth management through its distributed architecture and dynamic network adaptation techniques. It significantly lowers WAN usage by cascading media streams at regional locations. A lower total cost of ownership is achieved with a unified infrastructure for communications and collaboration, simplified management, a highly scalable software solution, and less network bandwidth usage. Conferencing builds on the core Avaya Aura° platform,taking advantage of its session based technologies that make it easy to deploy collaboration applications to the right users anywhere in your organization. A Conferencing solution designed for audio and video conferencing, as well as web collaboration can allow your employees to collaborate seamlessly from virtually anywhere. The following benefits can be realized with such a solution. • Increased Productivity: Provide everyone in your organization with intuitive communication tools that allow them to focus less on technology and more on supporting customers, completing projects and producing impactful results. • Savings: Consolidate today's fragmented mix of user collaboration tools. Avoid proprietary lock in and reduce management complexity. Lowering trunking costs and outside conference service fees. Separate the conferencing application from the media processing server and cascade media streams to see significantly lower WAN usage. • Increased Flexibility: Distributed architecture gives you control over when and where conferencing applications are implemented, as well as a high degree of resiliency. The distributed architecture allows cascading media servers to be positioned at regional locations to optimize WAN bandwidth and provide high availability redundancy. Conferencing supports on demand conferencing through MeetMe and Ad-hoc conferences with advanced conference controls. The solution has strong integration with the Avaya Aura°core and includes broad support for mobile and Avaya endpoints. Conferencing video conferencing supports high definition resolutions up to 720p through a software video routing technology based on the H.264 SVC/AVC standard. With Conferencing and Avaya Flare Experience, you can engage in an audio, video, or web conference with any Windows based desktop or iPad device. For non-Flare Experience users, they can simply participate in a web collaboration session, present, view rosters, and control the conference via a standard web browser or their mobile device, using the mobile application included with the product iPad or Windows based desktops: Avaya Flare®Experience for Windows and Avaya Flare Experience for iPad turns any iPad or Windows based desktop into a one stop collaboration center through the easy Avaya Flare Experience interface. Conferencing may be deployed as a single server configuration or with multiple servers in a distributed architecture. It utilizes multiple servers to provide a high capacity solution of up to 7,500 concurrent audio, web and HD video sessions, offering multiple design and redundancy options. The solution is comprised August 30, 2013 ©2013 Avaya Inc. Page 130 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 976 ofp117412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications of a number of key components that work together to provide a powerful unified communications solution. These components provide integrated management of the overall solution. The components include the following: • Application Server: hosts the conference applications and handles SIP signaling from clients. • Media Server: handles audio including voice mixing. • Web Collaboration Server: provides content sharing to Avaya clients. • Document Conversion Server: converts PowerPoint, PDF and other document types into formats compatible with Web collaboration. • Plug-ins to Desktop Applications: Plug-ins for desktop applications enables users to invite and join conferences from within Microsoft Outlook or Microsoft Lync via Avaya Client Applications. • System: Conferencing requires Avaya Aura°6.2 (including Avaya Aura°Session Manager, Avaya Aura°System Manager and Communication Manager) or Avaya Communication Server 1000 Release 7.5 (including Session Manager 6.2 and System Manager 6.2.) Conferencing delivers business value to customers of all sizes in all market segments. Easy scalability allows customers to start with small deployments and grow to essentially any size, tailoring the solution to their requirements for capacity, resiliency, redundancy, and preferred style or mode of conferencing. Finally, it is easy on the budget because bringing conferencing in house will reap significant savings on conferencing service provider fees and network trunking costs. But beyond that, the Conferencing solution has advanced media cascading techniques that enable you to decrease your WAN usage and your WAN costs allowing for a rapid Return on Investment. 5.3.0.8 Collaborative Video -A set of immersive video technologies that enable people to feel or appear as if they were present in a location that they are not physically in. Immersive video consists of a multiple codec video system,where each meeting attendee uses an immersive video room to "dial in" and can see/talk to every other member on a screen (or screens) as if they were in the same room and provides call control that enables intelligent video bandwidth management. Avaya Response: Radvision, an Avaya company, is a leading provider of video conferencing and telepresence technologies over IP and wireless networks. We offer end to end visual communications that help businesses collaborate more efficiently. Together, Radvision and Avaya are propelling the unified communications evolution forward with unique technologies that harness the power of voice, data and video over any network. The Radvision Scopia product portfolio provides comprehensive and powerful visual communications solutions that allow advanced voice, data and video conferencing. The Scopia product offering includes network infrastructure solutions for multi-party conferencing, network connectivity and firewall traversal; endpoint solutions for board rooms, conference rooms, desktop and personal video conferencing; and management software for scheduling, device and bandwidth management and directory services. The Scopia product portfolio is a powerful combination of hardware and software products that are fully standards-based and offer the highest performance available in today's video conferencing solutions. Interoperability and interconnectivity is provided between any video-enabled device, such as a telepresence system, a conference room, a desktop or mobile video system, and with other telephony and unified communications solutions. Scopia solutions are used by institutions, enterprises and service providers to create high quality, easy to use collaboration environments, regardless of the communication network: IP, SIP, 3G, 4G, H.323, ISDN or next generation IMS. August 30, 2013 ©2013 Avaya Inc. Page 131 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 977 ofp117432 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications The Scopia XT Telepresence Platform delivers an immersive telepresence experience customizable to the unique requirements of individual rooms and customer needs. Installed and configured by the talented worldwide network of channel partners that Avaya and Radvision have, the Scopia XT Telepresence Platform provides a cost effective and highly flexible approach to telepresence. With these highly qualified partners, customers can define the installation and furnishings that best fit within their conference room and budgets to deliver a distinct customized telepresence experience. The Scopia XT Telepresence Platform delivers key features that include: • Immersive Lifelike Experience: Multi stream, full HD 1080p video, 20 kHz CD quality audio and 1080p/30fps data sharing. • Customizable and Flexible: Tailored to the unique requirements of individual rooms and customer needs, provides a cost effective and flexible telepresence deployment approach. • Market Leading Interoperability: Combined with the Scopia Elite MCU, delivers unmatched interoperability with telepresence and any standards-based video conferencing systems. • Intuitive Apple iPad Control: The learning curve for users is virtually eliminated with the Scopia Control application for the iPad. • Breakthrough Price Point: Delivers immersive collaboration capabilities for a fraction of what competitors charge. The Scopia XT Telepresence Platform is ideal in helping to address the following challenges that businesses deal with when implementing a video collaboration solution. • Immersive Life Like Experience: Many users want to feel as though they are meeting in person through an immersive life like experience where the video scale is full size along with audio and video quality as if the remote participants are in the same room. This experience transforms the video meeting into a true collaborative session as if local and remote participants are at the same table. The Scopia XT Telepresence Platform incorporates state of-the-art technology with support for full HD 1080p video, 20 kHz CD quality audio and 1080p 30fps PC data sharing for an immersive life-like experience. • Customizable and Flexible: Existing conference rooms vary considerably in their dimensions and makeup. Organizations need flexibility so that an immersive video room can also host a regular meeting saving valuable meeting room space. The Scopia XT Telepresence Platform provides an immersive telepresence experience tailored to the unique requirements of individual rooms and customer needs without pre-determined room requirements and restrictions like other solutions. Installed and configured by a worldwide network of channel partners, the XT Telepresence Platform provides a cost effective and flexible telepresence deployment approach with optimal quality in all conditions provided through powerful calibration and setup tools. • Interoperability: The most effective immersive video environments are able to connect not only to other immersive systems, but also standards based room systems, desktops and mobile devices enabling video collaboration to millions of other users. The Scopia XT Telepresence Platform combined with the Scopia Elite MCU delivers unmatched interoperabilitK with immersive telepresence systems from Cisco a/Tandberg°, Logitech°/LifeSizee and Polycom as well as with any standards based video conferencing system, desktop and mobile device for full video, audio and H.239 data collaboration. • Ease of Use: System operation must be designed for the typical end user instead of experts from IT and engineering departments. Businesses don't have the luxury to dedicate resources to place calls or moderate meetings. Maximum adoption and use means maximum Return on Investment. With the Scopia Control Multi-Touch TM application for the Apple iPada, first time users can initiate calls, control Scopia XT Telepresence systems and moderate meetings without any training or introduction. August 30, 2013 ©2013 Avaya Inc. Page 132 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 978 ofp117532 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Affordability: The Scopia XT Telepresence Platform enables the creation of an exceptional immersive experience at a breakthrough price point. The solution provides significant deployment flexibility enabling customers to customize a solution that fits within their conference room, application and budget requirements. The XT Telepresence Platform stands out amongst the competition delivering immersive collaboration capabilities for a fraction of what competitors charge. Radvision ScopiaoXT5000 The Scopia XT5000 is the flagship product in the Scopia series of state of the art video conferencing room systems. The Scopia XT5000 is the only system available to incorporate dual 1080p/60fps live video and content, HD audio, H.264 High Profile, Scalable Video Coding Technology, and optional embedded multiparty calling, making it the most advanced video conferencing system available today in its class. It is an all in one video conferencing solution that offers a highly intuitive user interface and a sleek and elegant design. The Scopia XT5000 delivers key features that include: • Exceptional Experience: Unique dual HD 1080p/60fps for live video and content and CD quality, 20 kHz audio deliver an outstanding experience. • Unparalleled Power: Two full HD 1080p/60fps video channels, H.264 High Profile for bandwidth efficiency, H.264 SVC for error resiliency and an optional embedded nine-way multiparty MCU. • Intuitive and Easy to Use: Designed for the end user with no training required. For an enhanced experience, the XT5000 is enabled for Multi Touch control via the Apple iPad. • Sleek and Elegant Design: A natural fit for today's businesses, not only for its ease of use, but also its modern design that complements any conference room. • All in one Solution: also offered combining the XT5000 room system capabilities with embedded nine-way multiparty conferencing, Scopia Desktop and Mobile conferencing, and firewall traversal. The Scopia XT5000 is ideal in helping to address the following challenges that businesses deal with when implementing a video collaboration solution. • Quality: Users demand high quality with video conferencing to be fully engaged in meetings, and if they don't have a great experience, history shows that they will not be repeat users of the technology. Requirements for content sharing have also moved beyond presenting static slides to sharing video clips and other high resolution, high motion content. The Scopia XT5000 sets the standard for an exceptional conferencing experience with the industry's only support of simultaneous HD 1080p/60fps live video and content along with CD quality 20 kHz audio. • Ease of Use: System operation must be designed for the typical end user instead of experts from IT and engineering departments. Businesses don't have the luxury to dedicate resources to place calls or moderate meetings. Maximum adoption and use means maximum Return on Investment. The Scopia XT5000 enables instant, intuitive and effective control with no training required. And for an enhanced user experience, the Scopia XT5000 is enabled for Multi Touch control via the Apple iPad. • Network Efficiency: Usually with higher quality comes higher bandwidth requirements and associated costs, but not with the Scopia XT5000. The Scopia XT5000 offers significant processing power for powerful compression technology such as H.264 High Profile. High Profile is very bandwidth efficient resulting in the Scopia XT5000 having excellent video quality at bandwidths and costs lower than competing offerings August 30, 2013 ©2013 Avaya Inc. Page 133 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 979 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Error Resilience: Maintaining high quality calls with participants over unmanaged networks like the public Internet can be problematic because of packet loss and limited bandwidth. The Scopia XT5000 with H.264 Scalable Video Coding provides very high error resiliency while maintaining interoperability with current room video conferencing systems. The Radvision Scalable Video Coding implementation is an extension to the H.264 video standard used by most video conferencing devices today. Scopia XT5000 users can receive a high quality experience even in impaired network conditions. Radvision Scopiae The new Scopia XT4200 offers outstanding value and cost-effective HD video communications with many features that are either unavailable or costly upgrades in other vendor offerings. The Scopia XT4200 is well equipped and includes dual 720p/60fps live video and content, HD audio, H.264 High Profile and Scalable Video Coding, dual display support and a wide angle PTZ camera. The user interface is designed for simplicity along with optional Multi Touch control via the Apple iPad for enhanced capabilities. The Scopia XT4200 delivers key features that include: • Outstanding Value: Dual 720p/60fps HD video, H.264 High Profile, H.264 SVC, dual display support and a wide-angle PTZ camera, are all included for a cost effective video communications deployment. • Efficient HD Performance: Simultaneous H.264 High Profile for bandwidth efficiency and H.264 Scalable Video Coding for high quality video even in unpredictable network environments such as the Internet. • Intuitive and Easy to Use: The user interface is designed for simplicity along with optional Multi Touch control via the Apple iPad for enhanced capabilities. • Sleek and Elegant Design: A natural fit for today's businesses, not only for its ease of use, but also its modern design that complements any conference room. The Scopia XT4200 is a great cost effective option to address the following challenges that businesses deal with when implementing a video collaboration solution. • Affordability: The Scopia XT4200 is well equipped and includes many features that are either unavailable or costly upgrades in other vendor offerings. Dual 720p/60fps HD video, H.264 High Profile, H.264 Scalable Video Coding, dual display support and a wide angle PTZ camera, are all included for a cost-effective video communications deployment. • Quality: Users demand high quality with video conferencing to be fully engaged in meetings, and if they don't have a great experience, history shows that they will not be repeat users of the technology. Requirements for content sharing have also moved beyond presenting static slides to sharing video clips and other high resolution, high motion content. The Scopia XT4200 provides a high quality conferencing experience with support for simultaneous HD 720p/60fps live video and content along with CD quality 20 kHz audio. • Ease of Use: System operation must be designed for the typical end user instead of experts from IT and engineering departments. Businesses don't have the luxury to dedicate resources to place calls or moderate meetings. Maximum adoption and use means maximum Return on Investment. The Scopia XT4200 enables instant, intuitive and effective control with no training required. And for an enhanced user experience, the Scopia XT4200 is also available with Multi Touch control via the Apple iPad. • Network Efficiency: Usually with higher quality comes higher bandwidth requirements and associated costs, but not with the Scopia XT4200. The Scopia XT4200 offers significant August 30, 2013 ©2013 Avaya Inc. Page 134 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 980 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications processing power for powerful compression technology such as H.264 High Profile. High Profile is very bandwidth efficient resulting in the Scopia XT4200 having excellent video quality at bandwidths and costs lower than competing offerings. • Error Resilience: Maintaining high quality calls with participants over unmanaged networks like the public Internet can be problematic because of packet loss and limited bandwidth. The Scopia XT4200 with H.264 Scalable Video Coding provides very high error resiliency while maintaining interoperability with current room video conferencing systems. The Radvision Scalable Video Coding implementation is an extension to the H.264 video standard used by most video conferencing devices today. Scopia XT4200 users can receive a high quality experience even in impaired network conditions. Radvision Scopiae Desktop The Radvision Scopia Desktop solution extends a room system video application to PC and Mac users for voice, video and data collaboration. It includes HD H.264 video for both meeting participants and data collaboration and H.264 Scalable Video Coding for error resiliency. Scopia Desktop is a simple web browser plug-in that is centrally managed, distributed and deployed without complex licensing fees or installation issues. Automatic firewall traversal allows anyone to participate regardless of where they are. With Scopia Desktop you can create conference rooms without walls and connect from anywhere, create a virtual conference room and invite other desktop or mobile users and room systems. The Scopia Desktop Solution delivers key features that include: • HD Video Conferencing: Participate in standards based video conferences and see up to 28 participants simultaneously; also connect to telepresence and unified communication clients through Scopia infrastructure. • Data Collaboration with Review: View H.239 content such as presentations shared in a conference and review materials without interrupting the presenter. • Control, Moderate and Administer: View participants list, change video layouts, mute noisy users, start or stop recording and streaming and examine statistics for troubleshooting. • Embedded Firewall and NAT Traversal: Enjoy connectivity through enterprise boundaries while maintaining corporate security measures. • No Complicated Licensing: Simply click on a link, install the browser plug-in and connect, all without complex licensing fees or installation issues. Scopia Desktop extends a room system deployment to remote and desktop users for voice, video and data communications, allowing businesses to deal with the following challenges faced in the enterprise. • Enterprise grade HD Video on the Desktop: Bring your room system experience to your PC or Mac wherever you work. Create conference rooms without walls. connect from anywhere, create a virtual conference room and invite other users and room systems from your desktop. Participate in standards based HD video conferences and see up to 28 participants simultaneously. Connect to telepresence systems, standards based HD video conferencing systems and unified communications applications for unmatched interoperability. • Data Collaboration with Review: View presentations, spreadsheets, documents and images shared in a conference with standards based H.239 interoperable data collaboration and be fully engaged as if attending by a video conferencing room system. Have you also ever wanted to ask a presenter to review previously presented content, but didn't want to disrupt the entire meeting flow?With the unique advanced data collaboration/slider function that Scopia Desktop provides, individuals can jump back and review content presented earlier without interrupting the meeting. August 30, 2013 ©2013 Avaya Inc. Page 13.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 981 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Full-feature Desktop Application: Users should continue to have full conference control, moderation and administration within their desktop video applications,just like they do with their room systems. Start or stop recording or streaming, lock a conference or end the meeting. View the participants list and mute noisy users, stop cameras or simply disconnect unwanted participants. Change video layouts including rearranging participants through the simple interface. View statistics such as codecs in use, resolution, network speed and loss for troubleshooting. • Works on Your Network without Modifications: Scopia Desktop enables connectivity through enterprise boundaries while maintaining corporate security measures with automatic, embedded firewall and NAT traversal. H.264 Scalable Video Coding provides high error resiliency on unmanaged networks such as the Internet, while the Radvision NetSense bandwidth estimation and adaptation technology provides high quality on wireless networks. With these capabilities, users experience high quality video communications virtually anywhere from their desktop, and the network doesn't get in the way of video collaboration. • Invite Anyone to Participate: Scopia Desktop does not have a complicated named user licensing scheme like some competing solutions in the market. The Scopia Desktop concurrent user licensing model makes deployment easy for employees, partners, suppliers, customers and even casual users. Simply click on a link, install the browser plug-in and connect, all without complex licensing fees or installation issues. Radvision Scopiae Mobile Scopia Mobile is the first enterprise application for the Apple iPad, iPhone, and iPod touch that allows mobile users to connect with full video, audio and H.239 data collaboration to the nearly two million installed standards based video conferencing and telepresence systems worldwide. BYOD is becoming more and more prevalent in the business world, and Scopia Mobile is the ultimate enterprise grade mobile video application. Scopia Mobile users can fully participate in enterprise video and telepresence conferences leveraging the latest mobile devices extending enterprise video conferencing and telepresence to nearly anywhere someone goes with their mobile device. The Scopia Mobile delivers key features that include: • HD Video Conferencing: Participate in standards based video conferences and see up to 28 participants; also connect to telepresence and unified communication clients through Scopia infrastructure. • Data Collaboration with Review: View H.239 content such as presentations shared in a conference and review materials without interrupting the presenter. • Control, Moderate and Administer: View participants list, change video layouts, mute noisy users, start or stop recording and streaming, examine statistics for troubleshooting. • Easy to Join and Invite Others: Join conferences through an email link or mobile calendar; invite any attendee through advanced enterprise directory integration. • Mobile Broadband and i-Fi Capable: Video conference when connected through mobile broadband or Wi-Fi with NetSense bandwidth prediction and adaptation for high quality. Scopia Mobile helps to address the following challenges that businesses deal with when implementing a video collaboration solution. • Enterprise grade Video on the o: Scopia Mobile allows users to easily connect to standards- based video conferences using a smartphone or tablet with full two-way video capabilities and see up to 28 participants simultaneously. Through Scopia video infrastructure, Scopia Mobile can connect to telepresence systems, standards based HD video conferencing systems and unified communications applications for unmatched interoperability August 30, 2013 ©2013 Avaya Inc. Page 136 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 982 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Data Collaboration with Review: View presentations, spreadsheets, documents and images shared in a conference with standards based H.239 interoperable data collaboration and be fully engaged as if attending a conference by a video conferencing room system. Have you also ever wanted to ask a presenter to review previously presented content, but didn't want to disrupt the entire meeting flow?With the unique advanced data collaboration/slider function in Scopia Mobile, individuals can jump back and review content presented earlier without interrupting the meeting. • Full-feature Mobile Application: Users should continue to have full conference control, moderation and administration even on their mobile devices,just like they do at their desktops or room systems. Start or stop recording or streaming, lock a conference or end the meeting. View the participants list and mute noisy users, stop cameras or simply disconnect unwanted participants. Change video layouts including rearranging participants through the simple Multi Touch enabled interface. View statistics such as codecs in use, resolution, network speed and loss for troubleshooting. • Simplicity and Accessibility:With Scopia Mobile, participants can easily join video conferences by clicking an email link within their device calendar. They can also access a company directory to invite attendees, including unified communication clients. all enabled by our advanced enterprise integration. Additionally participants can invite guest phones and video systems by their number or address. • Over Any Network: Employees want to access corporate communication capabilities regardless of where they are working. Scopia Mobile makes it possible to participate in a video conference from almost anywhere through mobile broadband or Wi-Fi making it a highly effective tool for business travelers. The NetSense bandwidth estimation and adaptation technology provides high quality on mobile networks. Radvision Scopiae Elite 5000 SeriesMultipoint ereci nit The Scopia Elite 5000 Series Multipoint Conferencing Unit is a state of the art platform for high definition multiparty conferencing. Utilizing the latest in DSP technology, the Scopia Elite uses advanced media processing to support 1080p and provides telepresence interoperability, dynamic resource allocation, and advanced H.264 Scalable Video Coding technology for uncompromised HD support. The Scopia Elite 5000 Series Multipoint Conferencing Unit delivers key features that include: • Supreme High Definition: 1080p HD processing, video layouts per participant and multi stream telepresence connectivity. • Dynamic Resources: Dynamic resource allocation and enhanced definition at four times capacity delivers efficiency and value. • Optimized Quality: Encoder per participant provides an optimal quality experience for any endpoint on any network. • Maximum Usability: On screen information overlays, video auto attendant and IVR make conferencing simple. • Designed to Scale: Unequalled scalability through patented, distributed multipoint conferencing. The Scopia Elite 5000 Series Multipoint Conferencing Unit provides the ideal infrastructure to address the following challenges that businesses deal with when implementing a video collaboration solution. • High Quality Experience: Today's video conferencing systems offer capabilities such full 1080p video, HD audio and multi stream video for immersive telepresence. The multiparty conferencing capabilities must meet or exceed the endpoint capabilities to deliver an overall high quality conferencing experience.With 1080p video processing, HD audio support, multi stream August 00, 201 (D2013 Avaya Inc. Page 137 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 983 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications telepresence connectivity and individual layouts for each participant, Scopia Elite delivers superior HD conferencing. Utilization of the latest state of the art DSP technology delivers uncompromised HD performance. • Dynamic Resources: Not every call is an HD call and even HD calls can require different resources such as 1080p vs. 720p. Dynamic and flexible resources provide support for mixed endpoint applications with HD and standard definition with ease and efficiency. The dynamic resource model used by Scopia Elite does not waste conferencing resources as the processing resources utilized are based on the individual connection requirements. A standard definition mobile connection does not require or utilize the same amount of resources as a full 1080p HD call saving significant processing resources when compared to other vendor offerings. This on- demand, dynamic and automatic resource allocation architecture supports any combination of endpoint capabilities without complex configuration changes. Additionally, the four times dynamic capacity feature provides excellent value when supporting systems requiring less than HD. • Optimized Quality: Each conference participant should receive an experience optimized for their particular endpoint capabilities without affecting other participants; for example, a participant with a lower quality or speed network connection should not degrade the experience for others in the conference. The conference quality should also not drop just to accommodate the lower performance of a particular endpoint. The individual encoding for each participant allows an optimal experience on any network without affecting other participants. Additionally, H.264 Scalable Video Coding delivers superior video performance over unmanaged networks. • Usability: Users want to easily join and control their conferences without being technical experts. Scopia Elite was designed by users and administrators for usability and simplicity. On screen information overlays, easy conference creation and entry through the enhanced video auto attendant and IVR make attending conferences simple. Complicated tasks are simple through the industry leading management interface. Additionally, Scopia Elite users can view important statistics at a glance saving time, money and headache. • Scalability: Scopia Elite Multipoint Conferencing Units are designed to scale through a patented, distributed architecture. H.264 Scalable Video Coding is utilized between Scopia Elite MCUs enabling resilient connections in less than perfect network conditions. The Advanced Telecommunications Computing Architecture of Scopia Elite delivers investment protection through a reliable and future proof platform. 5.3.0.8.1 Content Delivery Systems (CDS) -A large distributed system of servers deployed in multiple data centers connected by the Internet. The purpose of the content delivery system is to serve content to end-users with high availability and high performance. CDSs serve content over the Internet, including web objects (text, graphics, URLs, and scripts), downloadable objects (media files, software, documents), applications (e-commerce, portals), live streaming media, on- demand streaming media, and social networks. Avaya Response: Avaya will not be responding to this requirement.We integrate via industry standards with numerous third parties that provide these types of services, but we do not have specific products that can fulfill these requirements. 5.3.0.8.2 Physical Security-Technology utilized to restricting physical access by unauthorized people to controlled facilities. Technologies include: a. Access control systems August 30, 2013 ©2013 Avaya Inc. Page 138 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 984 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications b. Detection/Identification systems, such as surveillance systems, closed circuit television cameras, or IP camera networks and the associated monitoring systems. C. Response systems such as alert systems, desktop monitoring systems, radios, mobile phones, IP phones, and digital signage d. Building and energy controls Avaya es once: Avaya will not be responding to this requirement. We integrate via industry standards with numerous third parties that provide these types of services, but we do not have specific products that can fulfill these requirements. 5.3.1 SERVICES - For each Category above (5.21-5.30), the following services should be available for procurement as well at the time of product purchase or anytime afterwards. 5.3.1.1 Maintenance Services- Capability to provide technical support, flexible hardware coverage, and smart, proactive device diagnostics for hardware. Avaya es once: Avaya differentiates itself with our Maintenance and Managed Service support. The following sections below represent high level overviews of Avaya Maintenance, Communications Managed Service, and Communications Outsourcing Offers per product platform. Avaya will also include detailed descriptions of Service Agreement Entitlements upon request or include with the Product/Service/Maintenance contract proposals for each specific opportunity when awarded. Unified Communications and Contact Center As the market leader in business collaboration, we want to see that our customers have the most comprehensive support as they transition to a collaborative environment. Our strategy is to be sure clients are receiving the service they need and want. The Support Advantage Preferred offer and Advanced Services do just that. Therefore, we must take a holistic sales approach discussing both Avaya product and services, and how they together form a solution that can help customers achieve their business goals and objectives. Support Advantage provides a modular support model, allowing customers to choose the level of support they need to keep their communications infrastructure running at optimal levels. Based on the offer chosen, Avaya provides remote solution support model, with 24x7 technical support, advanced web services for online support, and monitoring capabilities to support and maintain customers' advanced communication systems. Additionally, for customers who do not want to increase their investment may wish to purchase Upgrade Advantage for the software subscription capabilities and onsite technical support. Advanced Services are available to care for support items that are above and beyond the normal every day support requirements. These value added offers increase value and aid the customers IT/Telecom team where resources may be constraint. The Avaya Support Advantage portfolio provides service options designed to maintain and support net new sales and upgrades of Avaya Enterprise Solutions. It includes support for Enterprise Customers' IP Telephony, Contact Center and Unified Communications solutions. This portfolio of services is tailored to meet a wide range of customer needs, by providing a solution centric approach and delivering increased value in a flexible and modular support model. These new offers introduce a simplified quoting and pricing methodology based on license/server/gateway SKUs. Avaya, as the recognized leader in the development and delivery of innovative collaborative solutions, understands that consistently delivering quality collaborative capabilities to customers and employees requires that all elements of an enterprise's environment work together and deliver the expected results. August 30, 2013 ©2013 Avaya Inc. Page 139 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 985 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya enables enterprises to meet these challenges head-on through Support Advantage, a holistic support offer for new products and upgrades, featuring flexibility and simplicity, and delivered with new levels of immediacy. Flexibility and Simplicity Consistent remote hardware and software support included in all support offers: • Simple pricing and invoicing • 24x7 access to web resources and remote technical support • Menu of service offers aligned with customer needs • Co-termination of contracts at system level Synchronized billing for multi-year coverage with Preferred Support: • Up to 85% faster response times via web ticketing • Operations Intelligence Suite dashboard with real-time system status, reporting and incident management • Proactive alert of PSTN alarms • Monitoring and proactive issue resolution with EXPERT Systemssm • 99% resolution of system generated alarms without dispatch • 20% average faster resolution • High speed secure connectivity with centralized management Details and high level benefits of each offer include: Essential Support provides 24x7 remote software and hardware support, access to web services and tools, and access to software, firmware, security and operating systems service packs. The Essential offer provides confirmed response times: less than one hour for total outages and under two hours for major problems. Please note that Essential Support provides remote support only and does not include real time monitoring services. In addition, new Avaya enterprise product purchases include the Secure Access Link Gateway Software which must be implemented in order to provide secure remote access for maintenance support. Essential Support is the minimum required offer for the support of new enterprise product sales. Essential Support customers have access to award winning web services and tools, including: • HealthCheck Reports • Avaya Support Forums • eNotification • How-to-Instructional Videos • 360 View Reports • Communication Manager Compatibility Matrix • Case Status Alerts • On Line Service Submission Requests and Status Updates August 30, 2013 ©2013 Avaya Inc. Page 140 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 986 ofp117512 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Preferred Support includes all Essential offer entitlements plus: • EXPERT Systems Monitoring (as applicable) • Monitoring and alert associated their PSTN facilities and DCIU Links (that connect applications to one another) helping to reduce network outages • Operations Intelligence Suite web portal and unified dashboard • Centralized policy management tools for increased security associated with remote access • Secure Access Link Policy Server enables simplified and centralized management of security policies throughout the customer's telecommunication network. • Parts Next Business Day required, where available, to accompany Essential and Preferred support. Parts Next Business Day provides for the replacement of critical server components that have been identified to be defective. This offer does not include terminal replacement, which can be purchased separately. This offer is geographically dependent due to customs, tariffs and other regional stipulations. Additional delivery options for parts available, including 8x5 with a four hour response and 24x7 with a four hour response expedited deliveries (where available). • Onsite Support provides onsite technical support and critical server parts replacement when needed. This offer allows customers who do not have the resources, skills or want to commit to the staffing and continuous training of technicians, to care for onsite solution support needs. Onsite support is available on an 8x5 or 24x7 basis and includes critical parts replacement. The customer must purchase either Essential or Preferred Support as a prerequisite to the purchase of Onsite Support. Customers get full support for their hardware components. With an onsite dispatch a customer is assured that the technician sent will have the right skill set to address the problem, the right tools, and the necessary parts. Customers receive a fast response and no longer have the concern of receiving unexpected Time and Material charges for hardware maintenance. In addition, preventative maintenance services are provided with a site dispatch helping to reduce the potential for future problems. Upgrade Advantage provides substantial investment protection through a software subscription program. Upgrade Advantage provides access to the latest major software releases as they become available, ensuring optimal productivity and providing access to new features. Software Updates and Service Packs: Customers who purchase Essential or Preferred Support have access to Software Updates and Service Packs in order to keep their systems up to date with the latest software fixes. This also includes access to OS and security updates. Services Packs are considered Avaya Intellectual Property and are therefore a protected asset. Please note that firmware updates are available for download for Customers who purchase equipment from Avaya. Through the Avaya self help web site; customers have instant access to software updates and downloads. This enables a customer to access Avaya intellectual property and to keep systems operating efficiently and up to date. Web Based Services: Customers and partner who purchase Essential, Preferred or Essential Co- Delivery Support receive 24x7 access to web based services and tools such as: HealthCheck Reports, Proactive eNotification, Proactive Case Status Alerts, Product Correction Notices, Software Compatibility Audits, Communication Manager Matrices, 360 Reports, How to Instructional videos and Avaya Support Forums. Customers can access a wide variety of web-based services to get answers to questions related to product and troubleshooting, features/functions, and general usability. The web services can recommend changes to systems to improve system reliability and performance and also expedite case resolution. Case Status Alerts provide customized options linked to status updates of open cases. Remote Technical Support: Customers can be assured that their communications networks are supported by a team of more than 3,800 highly skilled associates within our 28 combined technical and network operations centers across the globe. Our centers are backed by Avaya Client Services and Product Research and Development to support technicians through any technical problem that might August 30, 2013 ©2013 Avaya Inc. Page 141 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 987 ofp117532 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications arise. Customers receive solution level support for software or hardware issue that may arise on an Avaya enterprise solution, shortening the isolation and resolution process. Customers can be assured of fast response times as specified by the Service Level Objectives in both the Essential and Preferred service offers. Remote Monitoring, Diagnostics, and Resolution: Customers who purchase the Preferred option receive proactive remote monitoring, diagnostics and resolution of alarms using Avaya EXPERT Systems patented tools. EXPERT Systems is a patented tool that contains more than 30,000 artificial intelligence algorithms, enabling Avaya to handle many aspects of remote support 24X7. Avaya EXPERT Systems together with Avaya remote engineers clears 99% of all system generated alarms remotely, often resolving issues within minutes of receiving the alarm. Off Board Alarm Notification: Provides monitoring of the customer's public network facilities and links associated with Avaya adjuncts. When a problem begins to arise and alert is sent immediately in order to resolve the problem quickly before the circuit goes down or experiences quality issues. Which provide additional monitoring capabilities of a customer's public network facilities. Secure Access Policy Server Application: Customers who purchase the Preferred Service offer will receive the Secure Access Policy Server software application. This software enables the customers to manage and deploy their remote access and authentication policies through one tool out to their various communication servers. These policies are automatically downloaded into the Secure Access Link remote access gateways. Customers save time and reduce error by defining policies in a centralized manner verses having to administer policies on a system by system basis. Advanced Services: Address critical customers needs that their IT or Telecom department may not have the bandwidth or skill to address. These support services extend the customers support beyond a break/fix maintenance and add increased value. Offer options include: Product Correction Support (requires that the customer has purchased Onsite Support) which provides onsite assistance to the customer for the installation of services packs and patches. Customer must call in to request an onsite dispatch for this service and know the service pack that they desire to be installed. Client Service Manager provides a highly skilled professional on a 24x7 basis to assist the customer's staff with escalations, migration planning, reports, and technical guidance. Single Point of Contact providing the customer an technical team of Avaya experts that know their systems, configuration, sites and business rules.(Requires that the Preferred offer is purchased). Release Management is used for automated distribution of software including license controls across the entire IT infrastructure. Proper software controls assure the availability of licensed, vendor tested, and version certified software, which functions as intended when introduced to into the existing infrastructure. Release Management also includes the following: • Planning associated with rolling out the software • Design and implementation procedures • Communication and management of customer expectations • Control of the distribution and installation of changes to the IT System. Data Data networks have increasing strategic importance to customers, providing connectivity to data centers, branch offices and remote workers. New business critical applications are being added into these networks at a rapid rate. August 30, 2013 ©2013 Avaya Inc. Page 142 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 988 ofp117632 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya Networking Services enable customers to obtain the best performance from their data network and reduce their overall total cost of ownership. Avaya has the capability to evaluate and operate multi-vendor networks and explore the inbuilt capability of the data devices Customers face the potential problem of dealing with networks that are not optimized for a range of activities including traffic generated by voice and video and business applications. Avaya can audit, optimize, and manage data networks to help customers with this business critical asset. Avaya Networking Solutions are enhanced by a range of services designed to help clients get the most from their investments. Avaya offers a wide set of Lifecycle Management services that allow clients to optimize their network performance. Avaya Support Services provides a full solution support and maintenance services to help maximize the value of the client's networking investments and keep solutions operating at peak performance. The Support Services portfolio is flexible, allowing the client to buy pre-packaged services or build customized options meeting your business needs. Avaya Support Services for application products include: • Remote Support 24x7 + Operating System Updates and Upgrades • Return and Repair Services • Managed Spares— Next Business Day, Same Business Day, four hour 7x24 • Managed Spares with Onsite Support— Next Business Day, Same Business Day, four hour 7x24 • Remote Support 24x7 (Includes: Software Updates) • Software Release Subscription (Includes Remote Support 24x7and Software Updates and Upgrades) The support offers are available through different delivery options: Direct: Avaya provides the client with first and second line support, L3 Tech Support/Corrective content, Advanced Part Replacement, Onsite Labor and Software Upgrades. Retail: Same as direct but Partners sells the services to the client. Video As Video Conferencing rapidly broadens beyond the meeting room and onto desktops and mobile devices, it is becoming critical to a business' success. Enterprises need support to have a consistent, predictable customer experience with maximum uptime should an outage occur. With the new Avaya Video Support Services offer, customers can have peace of mind knowing that they are fully backed by Avaya award winning global support services. This offer benefits your customers because it provides them with a complete spectrum of support from video experts with an average of 11 years experience in diverse video environments. The offer delivers 24x7 remote support at 8x5 industry pricing and provides 19% to 50% lower price than competitors. The offer provides access to continued innovation and quality advancements through software upgrades and updates. • Option 1: is the base level of coverage and includes 24x7 remote support for hardware and software, which includes software upgrades and updates. This is the only option for Scopia software products. Option 1 is also required attach with all Scopia products except for those specific Scopia products that interoperate with IP Office 8.1 • Option 2: builds on 24x7 remote support with advanced parts replacements. With the growing reliance on video communications, customers may need parts replaced as quickly as possible. August 30, 2013 ©2013 Avaya Inc. Page 143 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 989 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Parts will be delivered next business day. This is the minimum recommended option for hardware. • Option 3: contains the full stack and adds on 8x5 onsite next business day support in select countries. This is predominantly ordered for video conferencing infrastructure such as a video conferencing bridge or MCU. Video has now become mission critical and customers buying infrastructure require the aptitude and expertise to diagnose it. Highly qualified Avaya technicians answer this need. Key customer benefits include: • Support from video experts with average of 11 years experience supporting diverse video environments • Access to continued innovation and quality advancements through software upgrades and updates • 24x7 remote support and optional 8x5 onsite support globally • Highly competitive pricing showing full commitment to the video industry Managed @ ices Avaya Operations Services is the organization in Avaya that offers consistent IT Infrastructure Library aligned Managed Services for unified communications, contact centers, data, and video solutions. The portfolio of standard services is known as Communications Managed Services, and the individual offers are: Unified Communication Managed Services, Contact Center Managed Services, Data Networking Managed Services, and Video Managed Services. Avaya Operations Services also offer Communications Outsourcing Solutions for clients that want Avaya to manage their existing infrastructure and help plan and facilitate a technology transformation. Communications Managed Services from Avaya Operations Services enable Avaya and its partners to promote position and deliver globally consistent, IT Infrastructure Library aligned managed services for unified communications, contact centers, data, and video solutions. Offer Details The Avaya Managed Services portfolio consists of managed communications services that help Avaya clients address a variety of business and operational challenges. Services are delivered however Avaya clients want and need them. The Avaya Managed Services portfolio is a way for Avaya clients to accelerate new technology adoption, migrate to an OPEX financial arrangement with no upfront costs, reduce total cost of ownership, improve communications performance and reduce operational risks by simplifying their approach to unified communications, contact center, data, video, and hosted solutions. Avaya clients can take advantage of our managed services either directly or indirectly throughout Avaya authorized partners. In either case, they can achieve real benefits through customized or market ready, packaged managed services solutions. This portfolio for services includes the complete suite of IT Infrastructure Library elements, from basic monitoring, and event notification through system administration and capacity management. We have also made major investments in a management platform designed to deliver quality of experience and applications management instead of simply managing devices. The Avaya Managed Services portfolio includes two major components: Communications Managed Services and Communications Outsourcing Solutions. August 30, 2013 ©2013 Avaya Inc. Page 144 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 990 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications OEM i Unified Communications Provides clients with a comprehensive set of globally aligned services Managed Services and support for managing their enterprise communications infrastructure. It offers various levels of service to see that clients have the ability to buy at the level that best meets their needs. Contact Center Managed Offer an alternative solution to either complete outsourcing or total self- Services management of a client's contact center(s). This managed solution helps Avaya clients to reduce operational costs and simplify staffing complexities. It also adds IT Infrastructure Library aligned processes and proactive monitoring tools that allow the client to maintain operational flexibility and control. In this way, it helps accelerate the business benefits of Avaya advanced technologies and ease the adoption of future technologies. Contact Center Managed Services offer various levels of service to see that clients have the ability to buy at the level of service the best meets their needs. Data Networking Managed Provide the end to end management of a client's network devices, Services transport and protocols that interconnect multiple, geographically distributed client locations with data networking. Data Networking Managed Services offer various levels of services to see that clients have the ability to buy at the level of service that best meets their needs. Video Managed Services Allow customers to reap the benefits of full-immersion telepresence, or desktop video conferences. Video conferencing drives business productivity, offering face to face interaction without the downtime and cost of travel. Employees, customers, and suppliers can collaborate efficiently in easily scheduled face to face sessions, accelerating consensus and decision making. Avaya Video Managed Services makes sure that the solution is well implemented, reliable, and flexible. Communications Outsourcing Solutions: Avaya Communications Outsourcing Solutions go beyond standard Avaya Communications Managed Services. Not only will Avaya manage and optimize a client's existing infrastructure with IT Infrastructure Library aligned service elements, but we can also provide a transformation plan for any stage of the client's communications life cycle.With Communications Outsourcing Solutions, Avaya can: • Manage and integrate a client's current environment to its specific custom requirements, such as service level agreements, reporting, billing, and help desk • Implement the client's infrastructure migration to new solutions • Offer flexible financial options that may include full operating expense models Avaya Communications Outsourcing Solutions relieve client pain points around performance, risk, cost, and financial constraints. • Performance: improved network and application efficiency and availability through global resources, certified and accredited engineers, and the revolutionary new Avaya service management platform (Avaya Matrix Management Platform). With improved performance and quality of end-user experience, clients can spend more time running their business and less time reacting to communications problems. August 00, 201 (D2013 Avaya Inc. Page 14.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 991 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Risk: resources, skill sets, and technology backed by Avaya expertise and scale. We make the investments in people, tools, and technology to meet the challenges of today and tomorrow in a rapidly changing world. • Cost: improved total cost of ownership, typically between 15 and 20 percent annually, delivered through improved performance and reduced investment in tools, people, and processes. Clients can also benefit from improved operational productivity, contractually guaranteed availability and improved quality of service. • Financial constraints: working together with clients and Avaya authorized partners, Avaya can offer innovative financial options to assist clients with meeting budgets and capital spending targets. Avaya Communications Outsourcing Solutions offer many capabilities to manage a client's environment and meet their needs. Customer Service Level Communications Outsourcing Solutions provide flexible Service Level Agreements Agreements with remediation globally. Standard Service Level Agreements are defined by standard offers and meet typical requirements, while custom Service Level Agreements are tailored to meet a client's specific requirements. Avaya can report on the availability of products and metrics on services and ultimately turn any of those into custom Service Level Agreements. Avaya has the capability to set up service levels that meet and exceed client expectations. Multivendor Support With Communications Outsourcing Solutions, Avaya can support almost any vendor on any application in a client's environment. Common examples include: Alcatel-Lucent, Cisco, HP, IBM, Microsoft, and Siemens. Flexible Procurement Avaya can help clients transition to new technology with a pricing model Options that suits each client's needs. Pricing is on a utility model basis for example, per user per month and often can include no upfront payments or capital expenditure purchases. In addition, Avaya can provide custom client support with the following capabilities: • eBonding • Custom billing and reporting • Local engineering support • Dedicated onsite engineering • Software upgrade services Features and Benefits Managed Assist: • Service Monitoring: the real time remote supervision of the supported products checking for availability, connectivity, Quality of Service, and thresholds of the supported products and following that with automated notification upon failure or incident. • Client Notification: Notifications are automated via email to designated customer IT representatives. Depending on severity of the issue, follow-up phone calls may be required. August 30, 2013 ©2013 Avaya Inc. Page 145 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 992 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Configuration Management: Configuration Management supports the following: — Device OS Configuration Ownership and Troubleshooting hardware, operating system, client management connection, and logical configuration status — Device OS configuration change support — OS configuration file archiving — Remote back-up's of all supported products prior to any configuration changes taking place. Note: State of Utah and the WSCA-NASPO Participating States are responsible for providing the data storage media and location Optional: • Change Management: The Avaya Change Management process will be developed to interlock with the State of Utah and the WSCA-NASPO Participating States Change Management process. Upon agreeing on this interlocking process Change Management will be responsible for the following: — Defining the required change — Measuring the impact of the proposed change — Developing a back out plan — Obtaining any relevant approvals for change — Scheduling the change — Testing the change as applicable — Implementing the change — Updating the Configuration Management Database • Release Management: Release Management is used for automated distribution of software including license controls across the entire IT infrastructure. Proper software controls assure the availability of licensed, vendor tested, and version certified software, which functions as intended when introduced to into the existing infrastructure. Release Management also includes the following: — Planning associated with rolling out the software — Design and implementation procedures — Communication and management of customer expectations — Control of the distribution and installation of changes to the IT System Standard Operate: • Service Monitoring: the real time remote supervision of the supported products checking for availability, connectivity, Quality of Service, and thresholds of the supported products and following that with automated notification upon failure or incident. • Client Notification: Notifications are automated via email to designated customer IT representatives. Depending on severity of the issue, follow-up phone calls may be required. • Configuration Management: Configuration Management supports the following: — Device OS Configuration Ownership and Troubleshooting hardware, operating system, client management connection, and logical configuration status August 00, 201 (D2013 Avaya Inc. Page 147 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 993 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications — Device OS configuration change support — OS configuration file archiving — Remote back-up's of all supported products prior to any configuration changes taking place. Note: State of Utah and the WSCA-NASPO Participating States are responsible for providing the data storage media and location • Change Management-Avaya Change Management process will be developed to interlock with the customer's Change Management process. Upon agreeing on this interlocking process Change Management will be responsible for the following. — Defining the required change — Measuring the impact of the proposed change — Developing a back out plan — Obtaining any relevant approvals for change — Scheduling the change — Testing the change as applicable — Implementing the change — Updating the Configuration Management Database • Release Management- Release Management is used for automated distribution of software including license controls across the entire IT infrastructure. Proper software controls assure the availability of licensed, vendor tested, and version certified software, which functions as intended when introduced to into the existing infrastructure. Release Management also includes the following: — Planning associated with rolling out the software — Design and implementation procedures — Communication and management of customer expectations — Control of the distribution and installation of changes to the IT System • Service Management-Avaya will assign a Service Delivery Manager, who establishes processes with the customer, oversees issue resolution and sees that services are delivered in accordance with the agreed upon service levels. • Service Desk: As a designated single point of contact for Level 2 support, Avaya manages communication with your help desk (Level 1).Avaya Service Desk function will coordinate incidents, service requests, and system administration functions for Avaya and third party solutions. • Incident Management: Avaya will be responsible for opening and updating trouble tickets, trouble isolation and sectionalization, and tracking and managing an outage to closure. • Problem Management: The Problem Management Team will provide daily(during the week) reviews of the previous 24 hours (72 hours on Monday) performance to include the handling of closed tickets, incident resolution, client interaction, and outstanding tickets. In addition chronic incident identification, a review of trouble ticket volume, type of tickets, and customer generated tickets. August 30, 2013 ©2013 Avaya Inc. Page 148 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 994 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Optional: • Help Desk: Tier 1 helpdesk, standard is Tier 2 helpdesk where the customer has a Tier 1 helpdesk. • Capacity Management: Make sure the customer has adequate equipment and network resources to support their business. Time and Material Customers with Avaya support coverage can receive support for services outside of specified coverage on a Per Incident basis. Avaya provides Per Incident support only to customers who have a support agreement in place with Avaya. When support coverage is in place, Per Incident support is provided on a per call basis when required outside the coverage terms of the Avaya Services Agreement. Per Incident Maintenance support is available for any out of scope activities to include help line, administration, diagnostics, and onsite service support. Support is available for all products currently supported by Avaya, such as voice, data, messaging, converged solutions, application, and adjuncts. Customers contact the Avaya Support Services organization to request Per Incident Maintenance support. Support Services will quote the applicable Per Incident charges to the customer. Rates vary based on the time the call is placed, the complexity of the equipment to be supported, and whether remote, or onsite support is selected. If the customer accepts the charges, the requested support is provided. When onsite maintenance support is required, the trouble ticket is routed to Field Services and the onsite response objective is provided. Customers and partners who do not have Avaya support coverage with Avaya on a product requiring support, do not have access to Per Incident technical support services. 5.3.1.2 Professional Services Deployment Services • Survey/ Design Services- Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. Avaya Response: Avaya provides a project management process that will be tailored to meet specific requirements for the project. These processes have been proven time and again to be a reliable formula for a smooth and successful communications transition. Your specific requirements will be incorporated into the implementation phases outlined below enabling technical accuracy and compliance with the scope of the project. Implementation Phases The following is a summary of the primary project implementation phases: • Pre-Contract Phase — Design assurance — Develop cutover dates • Contract Phase — Review final design and Statement of Work — Confirm final cutover dates • Planning Phase August 30, 2013 ©2013 Avaya Inc. Page 149 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 995 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications — Site Survey — IP Migration IP-Readiness Services Overview — Network Design and Network Assessment — Site Preparation • Installation Phase — Solution Design and Development — Software Station Review Process — Avaya Communication Manager Solution Design and Configurations — Change Management • Cutover Phase • Post Cutover Phase — Register the systems with the Initialization and Administration System group in Denver — Perform Security review — Perform Quality Walkthrough — Deliver Preliminary Invoice — Close orders — Document Lessons Learned — Conduct Post-Cut Meeting The phases are described in more detail below; each phase includes a description of the activities and resources required, along with clearly defined your responsibilities and Avaya responsibilities. Each phase will follow the Implementation Plan and schedule, which will be developed by the Avaya Project Manager with input from you. Assumptions and dependencies have been included to provide clarity where needed. Pre-Contract Phase During this initial phase, the project's scope will be determined. To accomplish this, Avaya will develop an Implementation Grid with you. This section represents the preliminary draft for initial preparations of this plan and strategy • Develop the system design and submit to engineering for technical assurance and equipment room drawings and specifications. • Develop the Statement of Work. • Work with you to develop a schedule including cutover dates and payment plans. Contract Phase During this initial phase, the project's scope and design will be determined. To accomplish this, Avaya will develop an Implementation and Cutover Plan with you. This section represents the preliminary draft for initial preparations of this plan and strategy August 30, 2013 ©2013 Avaya Inc. Page 1.50 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 996 ofp117612 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Finalize the system design and submit to engineering for technical assurance and equipment room drawings and specifications. Review this with you for approval. • Review the Statement of Work and gain your approval. • Develop a final schedule and contract for your approval. This is also the time that you will appoint a Project Manager to act as a project liaison. Your Project Manger will work very closely with Avaya Project Management to: • Identify your implementation team members, such as Departmental Coordinators, System Administrator, Trainers, and others. • Obtain a signed contract. • Interface with network and third-party vendors on any switch-related issues consistent with the Project Milestones schedule. • Identify critical users and services to develop a temporary service plan during cutover. • Develop and monitor a change management plan during software conversion. • Develop a plan to educate end-users of differences on the new system. • Prioritize changes and troubles. • Identify day-of-cutover expectations. • Monitor the equipment room preparation and completion prior to switch equipment delivery, such as structure, power, storage facilities, air conditioning, and lighting. • Establish pre-cutover security of the site and for equipment. • Conduct box inventory of equipment at the Material on Job date. • Determine that station users attend onsite End User Training. Because the telecommunications knowledge level of our customers is difficult to determine, it is impossible to determine what percent of the individual's days should be allocated to this project. This will be best determined once the information in the document is reviewed. Because of the complexity and duration of this project, it is suggested that initially at least 30% of the workday be allocated to this project. A Project Plan can be developed jointly prior to project inception, and that will better determine time allocation for all project contributors. Planning s Site Survey An Avaya Provisioning Team member can perform a site survey to identify your specific installation needs to determine there are no significant changes since the due diligence walk-through. The Avaya Program/Project Manager will work with your designated Project Liaison during the site survey process to develop a mutually agreed upon list of required milestone dates. Key activities will have to be performed by Avaya and the responsible organization by those designated dates to enable Avaya to meet the agreed to In-Service Date. During the site survey, you will be required to provide access to all installation locations and provide site, circuit, and/or network information. August 30, 2013 ©2013 Avaya Inc. Page 1.51 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 997 ofp117632 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Network Readiness Assessment Avaya is proposing that a Network Assessment be performed at the installation site. The surveys will be reviewed with you after completion.A Statement of Work will be developed that details the full scope of the assessment. From this testing, the Avaya Network Consulting Solutions organization should be able to gauge how well suited the network is to handle the requirements of a well-functioning voice over IP network to support the IP Telephony solution. Once the assessments are complete, Avaya Implementation Services will identify any problems and their roots causes, as well as define the requirements to eliminate potential issues that would affect Quality of Service. If it is determined that the network is unable to handle the anticipated requirements, Avaya will work with you, at your request, to build an optimization plan. The network optimization plan will detail the recommendations needed for a successful implementation at all locations. This optimization will assist in resolving network issues, provide key decision making information, and enable the network to operate at its peak performance to meet current business demands and objectives. These recommendations will need to be implemented at each location prior to deploying IP Telephony at your location(s). To maintain continuity and the established expertise, you can engage Avaya Network Consultants to perform the necessary network optimization efforts. The associated charges for an optimization plan can be presented upon request. Customer Responsibilities Assumptions/Dependencies You are responsible for: • Completing the Site Configuration Survey questionnaire per location and returning to the Avaya Implementation Services contact person. • Downloading the Customer Infrastructure Readiness Survey Tool software. Network Consulting Services will instruct the customer how to download and run the Customer Infrastructure Readiness Survey tools to initiate the testing procedures. The Customer Interface Readiness Survey tool discovers the customer's network topology and examines different network elements in an IP telephony network. The tools measure key statistics, such as, round trip time to various points in the network, monitors router usage, and provides feedback that is sent back to Avaya where Network Consulting Services engineers will analyze the data and produce a report for the customer. • Completing a Site Configuration Survey per sample set location. • Identifying a project sponsor/main technical contact that will be available to Network Consulting Services throughout the project. • Supplying any hardware or software, such as, additional equipment or software upgrades needed to optimize the network. • Coordinating between Avaya and any of your third-party vendors. Site Preparation The Avaya Program/Project Manager will provide you with an equipment room checklist and specifications that will help identify any site preparation work that must be completed before the communications equipment is delivered. Activities to be performed by you include the inspection of the installation site and confirming site information. You will need to complete the Avaya site/equipment room checklist. This will outline site environment, circuit termination, and system checkpoints/prerequisites. The Project Liaison will need to procure any necessary permits and approvals and comply with all safety and environmental requirements. Your preparation of the site for equipment installation will need to include a staging area as well as secure storage area for storing equipment during the project's installation cycle. You will also be responsible for making ready all locations for environmental, cable August 30, 2013 ©2013 Avaya Inc. Page 1.52 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 998 ofp117732 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications infrastructure and network requirements, such as wall space, lighting, grounding, power, air conditioning, and equipment room space, as specified by Avaya. Installation Phase Solution Design and Development Service You will need to provide any necessary information/planning forms to Avaya within the negotiated time frame as well as technical contacts as required to define the changes as outlined in the Statement of Work. Deploying an enterprise networked IP communication solution is no small task. Avaya understands the mission, from network readiness to quality assurance and testing, and has proven the leadership with the most installed Voice IP endpoints compared to any other vendor in today's marketplace. Software Station Review Process Avaya Implementation Team Members, along with your liaison, will perform software station reviews. Software station reviews involve collection of station details and system, network, and trunking data necessary to operate the system. Each voice terminal will be reviewed once during an interview with the Department Coordinator. Requests for changes to this station review must be negotiated with the Avaya Project Manager. Subsequently, Departmental Coordinators can assign the models to users within each department. Changes to the initial station review are available at an additional cost. Network Design In order to gather the System, Network, and Trunking data together, Avaya must determine DID numbers, Listed Directory Numbers, Feature Dial Access Codes, and station numbering plans for each system. If the system is part of a network, Avaya will need additional information to coordinate numbering throughout the network. The Avaya Project Team will work with you to finalize a Numbering Plan and to determine connectivity of trunk facilities. The System, Network, and Trunking data will be reviewed once. Changes to this data must be negotiated with the Avaya Project Manager and additional charges may apply. In addition, if you requests call routing features, Avaya will help to determine the System, Network, and Trunking data requirements for ARS and AAR. The Avaya Software Specialist will familiarize you with Avaya standard service offerings for those. Requirements beyond the standard offering are available for an additional cost. Avaya will have a qualified Network Engineer available to support all phases of the implementation from kickoff, pre-installation activities, implementation, testing, and training phases of this contract. The Network Engineer will assist in activities associated with VoIP implementation, infrastructure evaluation, security, and network assessments. The following subsections have been provided as a high level overview of the deployment solution. Avaya Aura°Communication Manager Solution Design and Configurations The Avaya Aura°Communication Manager solution has been designed with a deployment model which maximizes the synergies of having a centralized server arrangement. During the Planning Phase, your team member and the lead Avaya Software Specialist will collaborate to establish the overall design and architecture for the Server configuration. Once the design has been approved and all translations created for the Servers and Voice Mail Servers, the lead software specialist will download the electronic translation document files. These electronic design documents will be used throughout the life cycle of the project, as well as to provide As Built documentation for post-cutover support and maintenance repair. This will provide cutover readiness documentation as well as provide support personnel with accurate data for testing and reference. August 30, 2013 ©2013 Avaya Inc. Page 1.53 - Avaya Proprietary and Confidential Information - 9/11/201312:07 PM BidSync Page 999 ofp117712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Prior to cutover, the Software Specialist will pull the project documents from the central storage server and verify the names and trunking facility IDs. User names will be added to the media server translations and voice mail server respectively and downloaded. All documentation will be updated and filed. All required handoff deliverables will be verified as received for cutover deployment, such as, site survey sign-off, topology completed, Remote Feature Activation License on file, network assessment on file, and local facilities verified. If required, a Contact Center Consultant may be assigned to remotely build a Contact Center. The Contact Center Consultant will work with you to design call flow, vectors, hunt groups, agent profiles, agent login IDs, and vector directory numbers as well as perform a high level overview of Supervisor functionality. Field Customer System Engineers will be assigned to the Server location for deployment. At the Main Distribution Frame site, the Customer System Engineer and the Software Specialist will coordinate and complete the Quality Assurance Testing plan. Once the gateways are connected and sending information back and forth to the main server complex, Avaya Customer System Engineers will begin placing the new terminals at the desktop. All VoIP terminals will be placed and connected verifying connectivity to the TFTP server, DHCP server, and host system. Allowing the placement of the terminals prior to cutover will allow the end users to place internal calls to associates who also have had both the terminal installed at the desktop and have received end user training. This will instill some comfort level in the use of the new solution. The users will get a hands-on view of the new terminals and become accustomed to the look and feel prior to cutover. Avaya will perform the following activities during staging: • Receive, inventory, unpack, and inspect equipment. • Notify Project Manager of receipts, overage, shortages, and damages. (Damaged or defective equipment will be processed under provisions of the product warranty.) • Verify equipment is in accordance with the information contained in the Service Request and manufacturer's specifications. • Perform basic connectivity and application interaction testing: — Basic Connectivity Testing from the servers to the various gateways and the represented end point devices, such as, IP hard phones, IP soft phones, DCP stations, analog stations, and DHCP/TFTP servers. Base translations supporting the IP network and represented end devices will also be tested. — Application Interaction Testing includes FTP, TFTP, SNMP, Telnet, HTTP, and Avaya Integrated Management, as well as Application Interaction Testing of the base translations supporting each of these applications with represented layer 2/layer 3 devices and end points. • Implement network assessment recommendations/objectives from the Avaya network design; the actual translation design of the VoIP voice switch and voice terminals will be handled by the Avaya software specialist. • Upgrade equipment to the required software load, including patches. • Load all configurations and options as described in the Installation Specification. • Test all equipment in a controlled network environment. • Verify proper operation of all components. • Label cables. • Label equipment with customer-provided asset tags, if applicable. August 30, 2013 ©2013 Avaya Inc. Page 1.54 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1000 q�f 11,7 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Power down all equipment under test. • Provide receiving/inventory/shipping reports and installation specifications to Project Manager. The information contained within the detailed output document is utilized by the field Customer System Engineer at the time of installation. This document is then retained for maintenance support. Your responsibilities include: • Making arrangements for the delivery of any non-Avaya-sold equipment to site. • Preparing the site for equipment installation. • Providing an accurate list of site addresses, contact names, and phone numbers. • Providing input to network design utilized to complete configuration and option parameters. • Providing cable pair assignment from the present stations to the MDF cable pairs for the analog voice terminals. (This is optional if Avaya performs Tone and Tag.). If Avaya installs the voice terminals, Avaya will test for proper extension number, terminal type, and the name associated with that voice terminal. Any comprehensive testing of the voice terminals beyond the basic features listed previously can be done by Avaya; however, additional charges would apply. Additional translation changes, such as voice terminal button features, system features, trunking changes, vectoring designs, or dial plan changes will require Change Control Authorization from both you and Avaya before the Software Specialist can make changes. Chane Management Change Management generally occurs throughout the project lifecycle. Any time the project requirements move beyond the original scope defined for the project, or when segments of a project are considered completed and modifications or additions are requested, the change management process will be utilized. Changes, which your Project Manager requires for hardware, software, or labor to be incorporated into either the final branch location system configuration or for a stand-alone site, must be submitted to the Avaya Project Manager. If a delay occurs due to these changes, it may affect a negotiated project timeline date, such as the Material on Job date. Your Project Manager must approve any changes via a signed Change Order Form, which will be provided by the Avaya Project Manager, as stipulated in the Statement of Work(and may be dependent on the dollar amount of the change). Upon receipt of a signed Change Order Form, the add-ons or changes will be scheduled for the respective site. These changes might not be implemented prior to cutover depending on the time/date of the request submitted. All considerations will be made to support the needs of the business. • Hardware and software RTU changes requested after the contract is signed and prior to the firm order transmit to the factory will be handled via a change order form prepared by Avaya Implementation Services and signed by you. This change will then be applied to the configuration prior to the factory starting the product build. • Should a change in hardware or software RTU be required once the factory has started the build, or has completed the product, a new order will be generated per the change control document. The factory will individually scrub these subsequent orders. Software RTU changes may not be time line impacting unless additional activities are required to fully realize the RTU changes. • Software activities, following the negotiated time lines, allow for the preparation of the software files to be prepared by Avaya Implementation Services. A software translation Change Management process developed with you and Avaya will be initiated once the Communication Manager/Messaging or stand-alone site designs and configurations have been completed to allow for the preparation of the modified software files. August 30, 2013 ©2013 Avaya Inc. Page 1.5.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1001 q�f 11,7l 2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Labor activity requested outside of the initial scope of work will also be handled via the Change Management process. Cutover Phase The Transition/Cutover Plan brings together all procedural information necessary for a smooth transition to the new Avaya provided Systems. The plan is a joint effort between the Avaya Project Team and your organization. It represents the tasks, priorities, and reference procedures controlling the flow of the cutover. Cutover Activities include those functions related directly to the actual placement of the new system in service. This includes the preparation of the cutover plan, identification of essential lines and services, if applicable, coordination with the telephone companies and other Common Carriers, activation of the switch, and installation testing activities. The Cutover Date will be mutually agreed upon prior to the start of work. Prior to the cutover phase, Avaya will provide a Project Manager to work with your Project Liaison and representatives to complete a detailed cutover plan. The cutover plan will be customized as required throughout the project. Avaya has included a detailed deployment schedule of this proposal. It is also important to note that every plan must have continuous monitoring and adjustments to enable compliance to meet the scheduled dates and commitments both by you and Avaya. Post-Cutover Phase Post-Cutover Activities include the establishment of the customer assistance desk, receipt and resolution of trouble reports, removal of old equipment (if appropriate), performance of final acceptance tests, and final hand-off of the system to the customer and the local Avaya Support Services crew. In addition, Avaya will act upon any open-ended items including any changes to the equipment orders. Avaya will conduct a final walk-through with the customer, obtain signatures on test and acceptance results, and present the final order to be billed out. During the Post-Cutover Phase, Avaya will: • Register the systems with the Initialization and Administration Systems. • Perform a security review. • Perform a quality walkthrough. • Deliver the preliminary invoice. • Close orders. • Document lessons learned. • Conduct a post-cut meeting. • Implementation Services- Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. Avaya Response: Avaya Client Services provides the vital expertise, tools, and resources to perform the project management, design, integration, and implementation of Avaya products and solutions. Choosing a partner that brings experience, knowledge, and processes that can be duplicated globally increase the likelihood for success. Avaya Project Managers employ industry-standard and internationally recognized Project Management Institute (PMI) methodology. Avaya Client Services provides a comprehensive implementation solution including: August 30, 2013 ©2013 Avaya Inc. Page 1.56 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1002 q�f 11, 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Program Management (Single Point of Contact and Accountability) • Network Consulting (Network Readiness Assessment, if applicable) • Integration and Configure-to-Order Staging • Hardware Installation • Software Configuration • Technical Training and Knowledge Transfer • Technical Support Avaya will provide project management, online documentation, and technical expertise to enable a successful solution implementation, which means a project delivered within scope, on-time, and cost effectively for you. Avaya Client Services employs experienced services professionals to perform system implementations and project management. Avaya has identified the skills required, placed people that possess those skills in the positions necessary, and assigned them the tasks required to fulfill their part. The implementation process is a step-by-step guide that delineates the roles, responsibilities, and time frames required for a successful communications system proposal, delivery, and installation. These proven implementation steps will be incorporated with your requirements, tailored to meet specific requirements, and reviewed with you in advance to enable technical accuracy and full compliance with the solicitation. Figure 5.3.1.2-1 Implementation Assistance Every Step of The Journey Services Available from Avaya Professional Services and Partners MIMI= Deployment Contact Center Social Media Services .,,,,, Optimization Services Services Basic Solution Architecture Advanced Applications Services Development Standard Network Readiness SIP Transformation - Assessment Services All Inclusive Stress Testing Advisory Service >> Services Performance Monitoring Services Security Assurance Services Program Management t r0 o r 0 Pi g now August 30, 2013 (D2013 Avaya Inc. Page 1.5/ Avaya Proprietary and Confidential Information 9/11/2013 12:07 PM BidSync Page 1003 q�f 11, 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications • Optimization - Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer's infrastructure, applications and service management. Avaya Response: Avaya will setup threshold criteria based on the performance reporting capabilities of the service with the end client prior to service inception. On a regular basis, Avaya will monitor the reports being generated specific to that customer and notify when certain thresholds have been met or exceeded. Depending on the end client capabilities and roadmap, Avaya will set up time to discuss options to either upgrade/transition various resources, or to reset thresholds. This service is included in section 5.3.1.1 Avaya Operation Services (Managed Services). Figure 5.3.1.2-2 Network Readiness i ReadinessNetwork Understand CurrentrConfiguration r Define requirements for optimizing your network ll,.;; Conduct Network Validation Simulate traffic requirements on current network tEvaluate network capacity and QoS under various conditions Identify deviations:from minimum voice quality requirements 'ND , Prepare for Implementation Assess impact on applications and users Recommend changes to resolve identified issues „, «d • Remote Management Services- Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis. Avaya Response: See Section 5.3.1.1 which describes Avaya Operation Services (Managed Services). August 30, 2013 ©2013 Avaya Inc. Page 1.5E - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1004 c�f 11, 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.1.2-3 Performance Monitoring so � II hill I Performance m I n cMonitoringiServices-, r..,.,�., ,,. , ► Ongoing end-to-end monitoring and management ► Single dashboard of results for- Network monitoring User experience management VoIP services Systems management Performance Monitoring ► Measure every call using . passive methods ► High priority user experience ` scenarios using active techniques ► Real-time and historical reporting & drill-down ► Support multivendor environments » - • Consulting/Advisory Services- Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. AvayaResponse: Avaya Professional Services can help evaluate and extend the value of your communications solutions through phases: Plan and Design; Develop and Integrate; Test, Train, and Deploy, and Optimize. Develop and Integrate • Technical Advisory Services provide access to Avaya Advanced Solution Architects for technical architecture validation. • Network Readiness Assessment helps confirm that your network is prepared prior to implementing a new project. August 30, 2013 ©2013 Avaya Inc. Page 1.59 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1005 c�f 11412 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Figure 5.3.1.2-4 Advisory Services Advisory, 0 a Formulating a clear plan to achieve business objectives Business Communications Self-Funded Roadmap Technical Advisory Advisory Services Services M_11 .; Como= •Identify and qualify business •Assess and prioritize •Gain access to technical improvement communication business needs resources to obtain strategies • Prioritize within an architecture design reviews, •Leverage a structured architectural roadmap to network migration analysis, discovery and review to Identify delivers cost savings for and other technical support business requirements funding future technology services •Link prioritized business needs investments -Obtain recommendations on to technical capabilities • Implement and measure to design, approach and •Align with key stakeholders ensure that savings fund solutions that will deliver priority business needs reliable and best-in-class capabilities • Data Communications Architectural Design Services - Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. AvayaResponse: Avaya offers a full range of services for design, build, operate and maintain according to the needs and specifications of your organization, products and vendors, as well as geography and scope of work. These service components can be broken out individually engaging Avaya consulting services, professional services and global services for the three components involved or your organization can choose to pursue a fully managed services offering where Avaya can design, build, and operate the entire network on behalf of a customer. Avaya Virtual Enterprise Network Architecture was publicly announced in November 2010. Virtual Enterprise Network Architecture is a pervasive architecture flexibly supporting data center, enterprise, and campus deployments, as well as metropolitan and wide area deployments based on optical Ethernet infrastructures. Shortest Path Bridging is the technology that is at the core of Avaya Virtual Enterprise Network Architecture. Support of Virtual Enterprise Network Architecture and the Shortest Path Bridging technology is being phased in across virtually all Avaya Networking Solutions product families. The Ethernet Routing Switch 8800, Virtual Services Platform 9000, and Virtual Services Platform 7000 support Shortest Path Bridging. August 30, 2013 ©2013 Avaya Inc. Page 160 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1006 q�f 11, 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Further enhancements to the Avaya Ethernet Routing Switch stackable product families as well as the Secure Router platforms will also support Shortest Path Bridging. Even prior to software releases supporting Shortest Path Bridging, Ethernet Routing Switch stackable switches support the Virtual Enterprise Network Architecture through Shortest Path Bridging interoperability with Layer 2 switching and IP routing, VLAN trunking, and Avaya switch clustering resiliency. Figure 5.3.1.2-5 Soiution Architecture Services SolutionI i II � ® Discovers& ® Captures solution requirements. (high-level business, detailed IT) documents complete existing ® Discovers&documents overview of existing Solution—relevant to Enterprise requirements. Architecture& applications. ® Covers: UC, CC, &Data;Avaya products. ® Covers: ® HIGH-level Solution ® MID-level Solution ® LOW-level Solution ® UC, CC, &Data. Architecture. Architecture. Architecture. ® Avaya&3rd party ® Recommends End- ® Analyzes End-state. ® Designs End-state. products. state. ® Includes: ® Plans Migration. ® Designs Migration. ® Health Check. ® Ready to ® Software implement. Compatibility. ® ® Acts Acts as Customer Project technical interface Utilization. ® Leads implementation practices(APS/ Partner)with Program Manager. • Statement of Work(SOW) Services- Customer-specific tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. Avaya Response: During this initial phase, the project's scope and design will be determined. To accomplish this, Avaya will develop an Implementation and Cutover Plan with you. This section represents the preliminary draft for initial preparations of this plan and strategy: • Finalize the system design and submit to engineering for technical assurance and equipment room drawings and specifications. Review this with you for approval. • Review the Statement of Work and gain your approval. • Develop a final schedule and contract for your approval. August 30, 2013 ©2013 Avaya Inc. Page 151 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1007 q�f 11,7,12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5-Service Offering Qualifications This is also the time that you will appoint a Project Manager to act as a project liaison. Your Project Manger will work very closely with Avaya Project Management team. Figure 5.3.1.2-6 Deiivery Excellence Delivery Excellence Business Consulting Advanced Solution Technical Experts Program Project Principals Architects Managers,Coordinators 20 years experience -15 years experience 15 years experience • -15 years experience • Vertical industry • Certifications include: • Certifications include: • Trained on PMI delivery expertise PCIS,PMI,3rd Party ACTS,PMI,3rd Party method �! yi�,- • • . • - • air - - C11 s uit - e • • 2,000 projects/month delivered,projects/ over 1K industry certifications • 1,300eciali in 37 countries—Global and Flexible resourcing model • Consistent methodologiesglobal key performance Indicators Id • Understand your business goals and constraints • Solutions to meet your unique needs • Executive EngagementnAlignment • Knowledge tra f r to enable your employees ` 5.3.1.3 Partner Services- Provided by Contractor's Authorized Partners/Resellers. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the prime, Contractor is still ultimately responsible for the performance of its Partners/ Resellers. Customers can have the option to purchase the Services to be directly delivered by Contractor(OEM) or its certified Partners/Resellers. AvayaResponse: All proposed services will be provided by Avaya. 5.3.1.4 Training - Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement. August 30, 2013 ©2013 Avaya Inc. Page 162 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1008 111 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications Avaya s once Avaya Learning develops and delivers high quality training for Avaya products and solutions for the learning needs of customers as well as employees. These courses are elements of a blended learning solution that includes instructor led training, virtual instructor led training, online web training, assessments, and certifications delivered in training centers globally: • Instructor led training represents a traditional course facilitated by an instructor and delivered in a classroom setting at an Avaya training location (typically eight students per course) or at a customer location (typically six students per course). • Virtual instructor led training (via Interwise) is a secure e-learning collaboration tool where a moderator or instructor generates a virtual classroom that allows up to 30 participants to interact regardless of their geographic location. • Online courses offer a self-paced, web-based format accessible from the Avaya learning center. • Assessments are online evaluations that test the student's comprehension of the course material. • Certification exams are a requirement for earning a certification. Avaya Learning offers curriculum maps which organize training into a recommended path of courses that build your skills in Avaya solutions and other topics of interest; courses are categorized by either solution/product training or role training. Avaya training facilities are located in various US and international locations. Avaya will work with the State of Utah and the Participating States to develop a training program that meets the product requirements and specification. Avaya provides a complete and comprehensive set of training literature for all of the training courses provided. A curriculum typically starts with web-based courses and culminates with an instructor led training workshop. Course formats are selected based on the level of performance required by the learner and complexity of the content. Audience needs and constraints are also considered when selecting course formats. 5.3.2 ADDING PRODUCTS The ability to add new equipment and services is for the convenience and benefit of WSCA-NASPO, the Participating States, and all the Authorized Purchasers. The intent of this process is to promote "one-stop shopping" and convenience for the customers and equally important, to make the contract flexible in keeping up with rapid technological advances. The option to add new product or service categories and/items will expedite the delivery and implementation of new technology solutions for the benefit of the Authorized Purchasers. After the contracts are awarded, additional IT product categories and/or items may be added per the request of the Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO. Additions may be ad hoc and temporary in nature or permanent. All additions to an awarded Contractor or Manufacturer's offerings must be products, services, software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and intent of the RFP (i.e., converged technologies, value adds to manufacturer's solution offerings, etc.). Avaya esponse: Understood. August 30, 2013 ©2013 Avaya Inc. Page 163 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1009 q�f 1I 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 5—Service Offering Qualifications 5.3.2.1 New Product from Contractors- If Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO itself requests to add new product categories permanently, then all awarded Contractors (Manufacturers) will be notified of the proposed change and will have the opportunity to work with WSCA to determine applicability, introduction, etc. Any new products or services must be reviewed and approved by the WSCA-NASPO Contract Administrator. Avaya esponse: Understood. 5.3.2.2 Ad Hoc Product Additions-A request for an ad hoc, temporary addition of a product category/item must be submitted to WSCA-NAPOS via the governmental entity's contracting/purchasing officer. Ad hoc, temporary requests will be handled on a case-by-case basis. Avaya esponse: Understood. 5.3.2.3 Pricelist Updates-As part of each Contractor's ongoing updates to its pricelists throughout the contract term, Contractor can add new SKUs to its awarded product categories that may have been developed in-house or obtained through mergers, acquisitions orjoint ventures; provided, however, that such new SKUs fall within the Contractor's awarded product categories. Avaya esponse: Understood. August 30, 2013 ©2013 Avaya Inc. Page 164 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1010 q�f 11 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section to—Evaluation Section 6: Evaluation 6.1 General Information Proposals will be evaluated for completeness and compliance with the requirements of this RFP by a sourcing team. The sourcing team may engage additional qualified individuals during the process to assist with technical, financial, legal, or other matters. Except at the invitation of the sourcing team, no activity or comments from Offerors regarding this RFP shall be discussed with any member of the sourcing team during the evaluation process. An Offeror who contacts a member of the sourcing team in reference to this RFP may have its proposal rejected. Each proposal must be submitted in Microsoft Word or Excel, or PDF labeled and organized in a manner that is congruent with the section number, headings, requirements, and terminology used in this RFP. Proposal documents must be use Arial font size 10. All proposals must be submitted in electronic form. Avaya es onset Understood. 6.2 Administrative Requirements Compliance The sourcing team will evaluate each proposal for compliance with administrative requirements. Non compliance with any of these requirements will render a proposal non- responsive. Only those proposals that pass the administrative requirements will be evaluated further. In order to pass the Administrative Requirements, the following must be received by due date and time associated with this RFP as listed in Bid Sync. Avaya es onset Understood. 6.2.1 References Vendor must provide a least three current account references for which your company provides similar Data Communications services for private, state and/or large local government clients (preferably government/public entities). Offerors are required to submit Attachment B - Reference Form, for business references. The business providing the reference must submit the Reference Form directly to the State of Utah, Division of Purchasing. It is the offeror's responsibility to ensure that completed forms are received by the State of Utah Division of Purchasing on or before the proposal submission deadline for inclusion in the evaluation process. Business references not received, or not complete, may adversely affect the offeror's score in the evaluation process. The Purchasing Division reserves the right to contact any or all business references for validation of information submitted. Avaya es onset Below is a list of the customers we have sent the updated Attachment B to fill out and return to the Purchasing Division for the State of Utah. August 30, 2013 ©2013 Avaya Inc. Page 16.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1011 q�f 11 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section to—Evaluation University of Washington Roland Rivera 206-543-2276 Director, Networking Strategy and Telecommunications Salt Lake City Airport Lisa Oldham 801-575-2921 Airport IT Manager Salt Lake City Airport Alan Rohlfing 801-575-2495 Airport Telecom Manager Weber County Leonard Call IT Director Box Elder County Nathan Hammer Network and Telecom Manager Granite School District Dale Robert 385-646-4588 IT Director 6.3 Minimum Scope Requirements Compliance The sourcing team will evaluate each proposal that passed the administrative requirements for compliance with Section 5.2 Data Communications Services— Requirements. Scope requirements are evaluated in terms of the breadth and depth of the offeror proposal for each of the section 5.2.1-5.3.0 Scope categories. Only those proposals in each section that score 70% or better will move on to cost evaluation. Avaya Response: Understood. 6.4 Evaluation Criteria The following table details how each proposal shall be evaluated on a basis of 100 points. An evaluation committee comprised of representatives from some WSCA-NASPO member States will be appointed by the WSCA-NASPO Contract Administrator to perform the proposal evaluation. All Offeror's proposals will be initially reviewed for compliance with the mandatory general requirements in Section 3 and Sections 5.1.1-5.1.5 stated within the RFP. Any proposal failing to meet one or more mandatory requirement(s) will be considered non-responsive and deemed "unacceptable", and will be eliminated from further consideration. Those proposals deemed "acceptable" or"potentially acceptable"will be evaluated against the following proposal evaluation criteria using a point-based scoring methodology. Proposal evaluation criteria are listed in relative order of importance: Avaya Response: Understood. 6.4.1 Cost— (bid sheets including discounts off list price attached) —30% Given that technology products generally depreciate over time and go through typical product lifecycles, it is more favorable for customers to have prime contracts be based on minimum discounts off the Offeror's' commercially published pricelists versus fixed pricing. In addition, Offerors must have the ability to update and refresh their respective price books, as long as the agreed-upon discounts are fixed. Minimum guaranteed contract discounts do not preclude August 30, 2013 ©2013 Avaya Inc. Page 166 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1012 q�f jj� 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section to—Evaluation an Offeror and/or its authorized resellers from providing deeper or additional, incremental discounts at there sole discretion. Avaya Response: Understood. 6.4.1.1 Refurbished Equipment—Many IT manufacturers offer refurbished equipment at a substantially lower cost with attractive warranties that also address risk concerns some customers may have with refurbished gear. Offerors may add an optional provision for manufacturer-certified refurbished equipment to be available for procurement under this contract. This offering will not be evaluated as part of the cost scoring process. Avaya Response: Understood. 6.4.2 Demonstrate ability to provide products and services within scope of the RFP (Section 5.2-5.31) —25% Avaya Response: Understood. 6.4.3 Qualifications,technical ability, maintenance,training and value added services — 10% Avaya Response: Understood. 6.4.4 Ability to supply to WSCA/ NASPO member states/geographical coverage -10% Avaya Response: Understood. 6.4.5 Offer profile and references (i.e., financial stability, presence in marketplace, adequate staff, marketing efforts etc.)—20% Avaya Response: Understood. 6.4.6 Administrative (i.e., report generating ability, e-commerce, account reps, problem resolution, customer satisfaction, website hosting and other administrative related issues) —5% At the option of the evaluation committee the WSCA-NASPO Contract Administrator may initiate discussion(s) with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposal(s), however, proposals may be evaluated without such discussion(s). Such discussion(s) is not to be initiated by Offerors. August 30, 2013 ©2013 Avaya Inc. Page 167 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1013 q�f jj12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section to—Evaluation Based on the competitive range of the evaluation scores, the evaluation committee may choose to make a "finalist list"of offeror's; if opted for, all offeror's will be notified of their status at this juncture by the Procurement Manager. Finalist Offeror's may be required, at the option of the evaluation committee, to present their proposals and possibly demonstrate their Internet website to the evaluation committee. The Procurement Manager will schedule the time and location for each Offeror presentation. Each Offeror presentation will be of equal duration for all offeror's and may also include an additional amount of time reserved for questions/answers. The sourcing team will evaluate each proposal that has passed the administrative requirements and met or exceeded the Section 3 and Section 5.1.1-5.1.5 Mandatory Requirements. Avaya esponse: Understood. August 30, 2013 ©2013 Avaya Inc. Page 168 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1014 q�f lj12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section to—Evaluation WSCA-NASPO Data Communications Equipment and Associated Products#JP14001 Firm Name: Avaya Inc. Score will be assigned as follows: 0 = Failure, no response Section Number: 1 = Poor, inadequate, fails to meet requirement Evaluator: 2 = Fair, only partially responsive 3 =Average, meets minimum requirement Date: 4 =Above average, exceeds minimum requirement 5 = Superior * Purchasing will use the following cost formula for the "Services": The points assigned to each Offeror's cost proposal will be based on the lowest proposal price. The offeror with the lowest Proposed Price will receive 100% of the price points. All other Offerors will receive a portion of the total cost points based on what percentage higher their Proposed Price is than the Lowest Proposed Price. An Offeror who's Proposed Price is more than double (200%)the Lowest Proposed Price will receive no points. The formula to compute the points is: Cost Points x (2-Proposed Price/Lowest Proposed Price). Purchasing will use the following cost formula for the "Product Offering Discount Percentage": The points assigned to each Offeror's cost proposal will be based on the highest discount percentage. The Offeror with the highest discount percentage will receive 100% of the price points. All other Offerors will receive a portion of the total cost points based on what percentage lower their discount percentage is than the highest discount percentage. An Offeror who's Proposed percentage discount is less than double (200%) the highest discount percentage will receive no points. The formula to compute the points is: Cost Points x(2- Highest Proposed Discount/Proposed Discount). Score Weight Points (0-5) 1. Demonstrated Ability to meet scope of ------- ------- requirements (25 points possible) Scope and Varity of products provided 8 points possible X 1.6 Experience and technical ability of 7 points possible X 1.4 manufacturer Maintenance Program 2 points possible X .40 Training Program 2 points possible X .40 Service Program 2 points possible X .40 Demonstrate Effective Reseller Program 4 points possible X .80 managed by the manufacturer in WSCA/ NASPO States 2. Demonstrate Qualifications and ------- -------- Technical Ability (10 points possible) Technical Staff Qualifications 2 points possible X .40 Maintenance Staff Qualifications 2 points possible X .40 Training Staff Qualifications 2 points possible X .40 Technical Suitability of Products 4 points possible X .80 3. Demonstrate ability to supply WSCA/ 10 points possible X 2 NASPO member States (10 points August 30, 2013 ©2013 Avaya Inc. Page 169 - Avaya Proprietary and Confidential Information 9/11/2013 12:07 PM BidSync Page 1015 q�f jj12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section to—Evaluation Score Weight Points (0-5) possible) 4. Company profile and references (20 ------- -------- points) Financial Statements and Records 10 points possible X 2 References, Reputation, Breadth and 10 points possible X 2 Depth of Offering 5. Demonstrate ability to provide 5 points possible X 1 administrative support (5 points possible) 6. Cost (30 points possible)* 30 points possible ------- -------- *Inserted Services (10 Points) By Product Offering Discount Percentage (20 Purchasing points) TOTAL EVALUATION POINTS (100 points possible) Total August 30, 2013 ©2013 Avaya Inc. Page 170 - Avaya Proprietary and Confidential Information 9/11/2013 12:07 PM BidSync Page 1016 q�f 111 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Section 7: Master Agreement Terms and Conditions / Exceptions 7.1 WSCA-NASPO Master Agreement Terms and Conditions 7.1.1 The WSCA-NASPO Contract Administrator referred to in section 2 of the WSCA-NASPO Master Agreement Terms and Conditions is Debra Gunderson, State of Utah Division of Purchasing and General Services. This RFP represents the WSCA-NASPO Contract Administrator's written approval of the modifications, waivers, alterations, amendments, and supplements to the Master Agreement Terms and Conditions made in this RFP and this Section 7. Avaya esponse: Understood. 7.1.2 Except as limited in this section or elsewhere in this RFP, Participating Entities who execute a Participating Addendum may alter, modify, supplement, or amend the WSCA-NASPO Master Agreement Terms and Conditions as necessary to comply with Participating Entity law or policy with respect to their orders under the Master Agreement. A Contractor may not deliver Products or perform services under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The WSCA-NASPO Terms and Conditions are applicable to any order by a Participating Entity, except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on orders, governing law and venue relating to orders by a Participating Entity, Indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Participating Entity and Contractor, may be included in the commitment voucher (e.g. purchase order or contract) used by the Participating Entity to place the order. Avaya esponse: Understood. 7.1.3 The term Purchasing Entity and Participating Entity shall both mean "Participating Entity" as that term is defined in WSCA-NASPO Master Agreement Terms and Conditions. Avaya esponse: Understood. 7.1.4 With respect to section 11, Indemnification, the terms of any Participating Addendum may alter, modify, supplement, or amend the language in section 11 and may include a limitation of liability mutually agreeable to the Participating Entity and the Contractor. Avaya esponse: Understood. Reference WSCA-NASPO Master Terms and Conditions, Section 11 and 15 for Avaya's requested exceptions. August 00, 201 (D2013 Avaya Inc. Page 171 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1017 q�f 1' 7,12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions 7.1.5 With regard to section 20, Participants, Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of the Chief Procurement Official of the state where the Participating Entity is located. Contractors may upon request obtain a copy of the written authorization from the WSCA-NASPO Contract Administrator. Avaya esponse: Understood. 7.2 Offeror Exceptions to Terms and Conditions 7.2.1 The Lead State discourages exceptions to contract terms and conditions in the RFP, attached Participating Entity terms and conditions (if any), and the WSCA-NASPO Master Agreement Terms and Conditions. As specified in this RFP, exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Lead State (and its evaluation team), the proposal appears to be conditioned on the exception or correction of what is deemed to be a deficiency or unacceptable exception would require a substantial proposal rewrite to correct. Moreover, Offerors are cautioned that award may be made on receipt of initial proposals without clarification or an opportunity for discussion, and the nature of exceptions would be evaluated. Further, the nature of exceptions will be considered in the competitive range determination if one is conducted. Exceptions will be evaluated to determine the extent to which the alternative language or approach poses unreasonable, additional risk to the state, is judged to inhibit achieving the objectives of the RFP, or whose ambiguity makes evaluation difficult and a fair resolution (available to all vendors) impractical given the timeframe for the RFP. Avaya esponse: Understood. 7.2.2 The Lead State will entertain exceptions to contract terms and conditions in this RFP, including the WSCA-NASPO Master Agreement Terms and Conditions. Offerors are strongly encouraged to be judicious in identifying exceptions. Avaya esponse: Understood. Please see Avaya's requested exceptions within the WSCA-NASPO Master Terms and Conditions and the State of Utah Standard Information Technology Terms and Conditions. 7.2.3 Based on the market research conducted by the Lead State, the following provisions are intended to frame the contours of exceptions that may be acceptable, additional risk so long as the Offeror's exceptions are specified with sufficient particularity. Avaya esponse: Understood. 7.2.4 The Lead State will consider Offeror standard terms for inspection and acceptance, so long as a reasonable time for acceptance is stated. However, the Participating Entities right to exercise revocation of acceptance under its Uniform Commercial Code must be preserved. Submit the standard terms with the offer and describe generally how commerciality in their use is August 30, 2013 ©2013 Avaya Inc. Page 172 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1018 q�f 111 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions established, e.g., identify publicly-available catalogs where the warranty terms are used and how long they have been in use. Avaya Response: Understood. Please see Avaya response clause to Section 8 (Delivery) and New Section 34 (Contractor's Implementation and Professional Services Terms), Subsection 34.2 (Acceptance) in the WSCA-NASPO Master Agreement Terms and Conditions for Avaya's exceptions. 7.2.5 The Lead State will consider standard warranty and/or maintenance terms, but the alternative warranty and/or maintenance will be evaluated to determine whether they provide comparable protection to the warranty specified in section 30 of the WSCA-NASPO Master Agreement Terms and Conditions. Provide the terms of the warranty and maintenance in the offer. Also describe generally how commerciality is established for those terms, e.g., publicly- available catalogs the warranty terms are used and how long they have been in use. Provide one reference from a customer having comparable sales volume who is using the warranty and maintenance provisions, where the warranty term has expired, and who has exercised rights under the warranty. Avaya Response: Understood. Please see RFP Section 4.2 and the WSCA-NASPO Master Agreement Terms and Conditions Section 30 for Avaya's requested exceptions with regards to Avaya's standard warranty. In addition, please see Avaya's requested exceptions to add a new Section 33 to the WSCA-NASPO Master Agreement Terms and Conditions, titled, Avaya's Maintenance/ Managed Services terms, and add a new Section 34 titled Implementation and Professional Services Terms Avaya's requests for modification, consideration, or exception are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR)# DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DI R_Contracts/DIR-SDD-1499-appendix-d.pdf 7.2.6 Intellectual property. The Lead State will consider license terms and conditions that as a minimum convey to Participating Entities a nonexclusive, irrevocable, perpetual, paid-up, royalty free license to use software or other intellectual property delivered with or inherent in the commodity or service, and to transfer the license rights to third parties for government purposes. Provide the terms of the license, including any terms that cover third party intellectual property used in the Offeror's solution. Offerors should be aware that Participating Entities using federal funds may be required to negotiate additional or different terms to satisfy minimum rights requirements of their federal grants. Avaya Response: Understood. Please refer to the WSCA-NASPO Master Agreement Terms and Conditions Section 17, for Avaya's requested exceptions regarding: i)Avaya's software license, ii) Intellectual Property rights. In addition, see WSCA-NASPO Master Agreement Terms and Conditions, Section 12 for Avaya's requested exceptions for intellectual property indemnification. In addition, regarding State of Utah Standard Information Technology Terms and Conditions, Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, Section 17.2 (Intellectual Property Rights) supersedes for the following sections of the State of Utah Standard Information Technology Terms and Conditions: i) Section 26 (Copyright); ii) Section 27 (Ownership, Protection and Use of Records); iii) Section 28 (Ownership, Protection, and use of Confidential Federal State, or Local Government Internal Business Processes and Procedures); iv) August 30, 2013 ©2013 Avaya Inc. Page 173 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1019 q�f 1J 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Section 29 (Ownership, Protection, and return of Documents and Data Upon Contract Termination or Completion) Avaya's requests for modification, consideration, or exception are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR)# DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DI R—Contracts/DIR-SDD-1499-appendix-d.pdf 7.2.7 Any limitation of liability provision —including any exclusion of damages clause — proposed by an Offeror to be the default limitation of liability provision under the Master Agreement must preserve a reasonable amount of direct damages for breach of contract, additionally permit the Participating Entity to recoup amounts paid for supplies or services not finally accepted (as in the case of advance or progress payments, if used), and preserve the right of the Participating Entity to be held harmless from costs of litigation as well as ultimate liability within limits agreed by the parties. Moreover, any limitation of liability clause proposed by an Offeror should be reciprocal, cover lost profits, and exclude claims or liability arising out of intellectual property infringement, bodily injury (including death), damage to tangible property, and data breach. Include the text of any such language if proposed. Further, provide contact information for a public entity, or private entity if no public entity exists, where the limitation of liability clause (or another clause substantially similar) operated to limit liability. If no such example exists, provide contact information for a state, or if no state exists, a higher education institution, or if none exists, a city or county represented by counsel in the negotiations who has agreed to the proposed terms and conditions. Avaya Response: Understood. Please reference the WSCA-NASPO Master Agreement Terms and Conditions Section 15, for Avaya's requested exceptions regarding limitation of liability. In addition, reference the State of Utah Standard Information Technology Terms and Conditions for Avaya's request for exception to Section 11 (Indemnity Clause) which we propose to be superseded by the General Indemnity clause of Avaya's proposed Section 15.2 in the WSCA-NASPO Master Agreement Terms and Conditions. Avaya's requests for modification, consideration, or exception are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR)# DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DI R—Contracts/DIR-SDD-1499-appendix-d.pdf 7.2.8 The enumerated examples in subsection 7.2 are not intended to limit the ability of Offerors to propose additional, reasonable exceptions. For any other exception, where the exception is based on claims of standard or normal commercial practice, provide contact information for a state, or if no state exists, a higher education institution, or if none exists, a city or county represented by counsel in the negotiations who has agreed to the proposed terms and conditions. Avaya Response: Avaya has submitted additional, reasonable modifications, requests for consideration or exceptions to the following clauses, within the WSCA-NASPO Master Agreement Terms and Conditions: Section 3.1 —Assignment/Subcontracting Section 4—Cancellation August 30, 2013 ©2013 Avaya Inc. Page 174 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1020 q�f 11 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions 1 Exceptions Section 5—Confidentiality, Non-Disclosure and Injunctive Relief Section 7— Defaults and Remedies Section 8— Delivery Section 16— Laws and Regulation Section 19—Order Numbers Section 26—Standard of Performance and Acceptance Section 27—System Failure or Damage Section 28—Title of Product Section 29—Waiver of Breach Section 31 —Assignment of Antitrust Rights Definitions Avaya has submitted modifications or exceptions to the following clauses within Attachment A, the State of Utah Standard Information Technology Terms and Conditions: Section 13—Termination Section 17—Secure Protection and Handling of Data Section 18— Notification and Data Breaches Section 19—Change Management Section 23—Ordering and Invoicing Section 25— Payment Section 30—Confidentiality Section 31 —Termination Upon Default Section 34— Liability of Insurance Section 35— Entire Agreement Section 36—Survivorship Section 39—Time is of the Essence Section 43— Insurance Section 44—Standard of Care Section 45—State Review Limitations Avaya's requests for modification, consideration, or exception are substantially similar to those that contained in the following publicly available contract: Texas Department of Information Resources (DIR) # DIR-SDD-1499 (Eff 11/30/2010) http://www2.dir.state.tx.us/DI R—Contracts/DIR-SDD-1499-appendix-d.pdf 7.3 WSCA-NASPO eMarket Center 7.3.1 In July 2011, WSCA-NASPO entered into a multi-year agreement with SciQuest, Inc. whereby SciQuest will provide certain electronic catalog hosting and management services to enable eligible WSCA-NASPO entity's customers to access a central online website to view August 30, 2013 ©2013 Avaya Inc. Page 17.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1021 q�f 1' 7312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions and/or shop the goods and services available from existing WSCA-NASPO Cooperative Contracts. The central online website is referred to as the WSCA-NASPO eMarket Center Contractor shall either upload a hosted catalog into the eMarket Center or integrate a punchout site with the eMarket Center. Supplier's Interface with the eMarket Center There is no cost charged by SciQuest to the Contractor for loading a hosted catalog or integrating a punchout site. At a minimum, the Contractor agrees to the following: 1. Implementation Timeline: WSCA-NASPO eMarket Center Site Admin shall provide a written request to the Contractor to begin enablement process. The Contractor shall have fifteen (15) days from receipt of written request to work with WSCA-NASPO and SciQuest to set up an enablement schedule, at which time SciQuest's technical documentation shall be provided to the Contractor. The schedule will include future calls and milestone dates related to test and go live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted catalog or(2) punch-out catalog, from date of receipt of written request. 2. Definition of Hosted and Punchout: WSCA-NASPO and SciQuest will work with the Contractor, to decide which of the catalog structures (either hosted or punch-out as further described below) shall be provided by the Contractor. Whether hosted or punch- out, the catalog must be strictly limited to the Contractor's awarded contract offering (e.g. products and/or services not authorized through the resulting cooperative contract should not be viewable by WSCA-NASPO Participating Entity users). a. Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its awarded products/services and pricing in an electronic data file in a format acceptable to SciQuest, such as Tab Delimited Text files. In this scenario, the Contractor must submit updated electronic data annually to the the eMarket Center for WSCA-NASPO Contract Administrator's approval to maintain the most up-to-date version of its product/service offering under the cooperative contract in the eMarket Center. b. Punch-Out Catalog. By providing a punch-out catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with the eMarket Center as a. Standard punch-in via Commerce eXtensible Markup Language (cXML). In this scenario, the Contractor shall validate that its online catalog is up-to-date by providing a written update quarterly to the Contract Administrator stating they have audited the offered products/services and pricing listed on its online catalog. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e- Quote functionality to facilitate volume discounts. 3. Revising Pricing and Product Offerings: Any revisions (whether an increase or decrease) to pricing or product/service offerings (new products, altered SKUs, etc.) must be pre-approved by the WSCA-NASPO Contract Administrator and shall be subject to any other applicable restrictions with respect to the frequency or amount of such revisions. However, no cooperative contract enabled in the eMarket Center may include price changes on a more frequent basis than once per quarter. The following conditions apply with respect to hosted catalogs: a. Updated pricing files are required by the 1 st of the month and shall go into effect in the eMarket Center on the 1st day of the following month (i.e. file received on 1/01/14 would be effective in the eMarket Center on 2/01/14). Files August 30, 2013 ©2013 Avaya Inc. Page 176 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1022 q�f 111 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions received after the 1 st of the month may be delayed up to a month (i.e. file received on 11/06/14 would be effect in the eMarket Center on 1/01/15). b. Contract Administrator-approved price changes are not effective until implemented within the eMarket Center. Errors in the Contractor's submitted pricing files will delay the implementation of the price changes in eMarket Center. 4. Supplier Network Requirements: Contractor shall join the SciQuest Supplier Network (SQSN) and shall use the SciQuest's Supplier Portal to import the Contractor's catalog and pricing, into the SciQuest system, and view reports on catalog spend and product/pricing freshness. The Contractor can receive orders through electronic delivery (cXML) or through low-tech options such as fax. More information about the SQSN can be found at: www.sciquest.com or call the SciQuest Supplier Network Services team at 800-233-1121. 5. Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch-out catalog, the Contractor agrees to meet the following requirements: a. Catalog must contain the most current pricing, including all applicable administrative fees and/or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the cooperative contract; and b. The accuracy of the catalog must be maintained by Contractor throughout the duration of the cooperative contract between the Contractor and the Contract Administrator; and C. The Catalog must include a Lead State contract identification number; and d. The Catalog must include detailed product line item descriptions; and e. The Catalog must include pictures when possible; and f. The Catalog must include any additional WSCA-NASPO and Participating Addendum requirements.* 6. Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or cXML. a. The Contractor shall provide positive confirmation via phone or email within 24 hours of the Contractor's receipt of the Purchase Order. If the Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Contractor must provide positive confirmation via phone or email on the next business day. 7. UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by SciQuest for the suppliers and are upgraded every year. WSCA- NASPO reserves the right to migrate to future versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity. More information about the UNSPSC is available at: http://www.unspsc.com and http://www.unspsc.com/FAQs.asp#howdoesunsp cwork. 8. Applicability: Contractor agrees that WSCA-NASPO controls which contracts appear in the eMarket Center and that WSCA-NASPO may elect at any time to remove any supplier's offering from the eMarket Center. August 30, 2013 ©2013 Avaya Inc. Page 177 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1023 q�f 111 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions 9. The WSCA-NASPO Contract Administrator reserves the right to approve the pricing on the eMarket Center. This catalog review right is solely for the benefit of the WSCA-NASPO Contract Administrator and Participating Entities, and the review and approval shall not waive the requirement that products and services be offered at prices (and approved fees) required by the Master Agreement. *Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple contracts applicable to different WSCA-NASPO Participating Entities. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions. Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable. The system will deliver the appropriate contract pricing to the user viewing the catalog. Several WSCA-NASPO Participating Entities currently maintain separate SciQuest eMarketplaces, these Participating Entities do enable certain WSCA-NASPO Cooperative Contracts. In the event one of these entities elects to use this WSCA- NASPO Cooperative Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor agrees to work in good faith with the entity and WSCA- NASPO to implement the catalog. WSCA-NASPO does not anticipate that this will require substantial additional efforts by the Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such separate SciQuest catalogs. August 30, 2013 ©2013 Avaya Inc. Page 178 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1024 q�f jjl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions ili (00 , i WSCA-NASPO Master Agreement Terms and Conditions 1. AGREEMENT ORDER OF PRECEDENCE: The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. WSCA-NASPO Master Agreement Terms and Conditions; 3. The Statement of Work; 4. The Solicitation; and 5. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor's response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor quotation/sales order or in similar documents subsequently provided by the Contractor. Avaya esponse: Understood 2. AMENDMENTS The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Contract Administrator. Avaya esponse: Understood 3. ASSIGNMENT/SUBCONTRACT Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the WSCA-NASPO Contract Administrator. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the following, with the request that it replace the above Section3 regarding Assignment/ August 30, 2013 ©2013 Avaya Inc. Page 179 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1025 q�f jjl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Subcontracting. Upon award of Bid Avaya will identify subcontractors/fulfillment partners in the applicable Participating Entity-Addendum with each State, as each State is added to the WSCA- NASPO agreement. 3.1. Neither party shall assign, sell, or transfer its rights and responsibilities under this Agreement (other than the right to receive any amount due, which shall be freely assignable upon written notice to customer), in whole or in part, without the prior written approval of the other party, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Contractor shall have the right to assign all or part of this Agreement as part of a merger, corporate reorganization, or sale of assets or to a majority- owned or majority-controlled subsidiary or affiliate and to subcontract Services to third parties provided that Contractor remains responsible for the performance of such Services by subcontractors done in the normal course of their business obligations and duties to Contractor. However, in all cases notwithstanding subcontracting, the customer will deal only with invoices and payment through either Contractor or the Fulfillment Partners listed on the individual Participating Addendum. Any allowed assignee or merged entity shall be subject to all the terms of this Agreement. 3.2. Contractor may, with prior written consent from Participating States, which consent shall not be unreasonably withheld, enter into subcontracts with third parties as "Fulfillment Partners Fulfillment Partners are Subcontractors who may provide Products and Services under this Agreement at the Price Discounts established in this Agreement and bill Purchasers directly for such Products and Services. Fulfillment Partners, where directed by Contractor, are required to report to the WSCA-NASPO Contract Manager, account for and submit the WSCA-NASPO Contract Administration Fee, along with Contract Activity Reports. 3.3. Contractor, as well as Fulfillment Partners participate in the Federal Communication Commission's E- rate discount program established under the authority of the Federal Telecommunications Commission Act of 1996 and may accept and process E-Rate transactions under their own E-rate registration numbers. 3.4. Contractor intends to name Value Added Resellers (VARs) or Subcontractors/Agents in the WSCA- NASPO contract, based on a state-by-state coverage model. Contractor will identify and negotiate final VARs or Subcontractors/Agents (identified as Fulfillment Partners in Contractors response to the RFP) with WSCA-NASPO during contract negotiations. 4. CANCELLATION Unless otherwise stated in the special terms and conditions, any Master Agreement may be canceled by either party upon 60 days notice, in writing, prior to the effective date of the cancellation. Further, any Participating State may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation. Cancellation may be in whole or in part. Any cancellation under this provision shall not effect the rights and obligations attending orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contractor default may be immediate. AvayaResponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the following with the request that it replace the above Section 4 (Cancellation). . CANCELLATION: .1. Termination for Convenience August 30, 2013 ©2013 Avaya Inc. Page 180 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1026 q�f 111 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions 4.1.1. WSCA-NASPO Master Agreement: Either party (Participating Entity or Contractor) may terminate this WSCA-NASPO Master Agreement for convenience at any time by providing the other party with at least one hundred twenty (120) calendar days'written notice prior to the effective date of the cancellation. The termination date specified in the notice shall be on or after the first anniversary of the Effective Date of the initial contract term. The WSCA-NASPO Master Agreement shall automatically terminate at the end of the period for which notice is given. Any cancellation under this provision shall not affect the rights and obligations of either party attending orders outstanding at the time of cancellation, e.g., any right of Purchasing Entity to indemnification by the Contractor, rights of Contractor payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any prior order. 4.1.2. Participating Addendum: Either party to a Participating Addendum may terminate a Participating Addendum at any time by providing the other with at least forty-five (45) calendar days'written notice prior to the effective date of cancellation. The Participating Addendum shall automatically terminate at the end of the period for which notice is given. Any cancellation under this provision shall not affect the rights and obligations of either party attending orders outstanding at the time of cancellation, e.g., any right of a Participating Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any prior order. .2. Termination for Non-Appropriation of Funds Purchaser under a Participating Addendum shall have no liability to Contractor beyond funds that are appropriated and made available to the Purchaser by the applicable legislative body. If sufficient funds are not appropriated by legislative action to a Purchaser as to any future period, Purchaser may terminate its Order(s) prospectively as to such future performance impacted by and to the extent of non- appropriation, or otherwise work with Contractor to arrive at a mutually acceptable resolution of the situation. Purchaser shall notify Contractor in writing of such non appropriation within thirty (30) calendar days of final legislative action. No penalty shall accrue to Participating Entities or its Purchasers in the event this section shall be exercised. This section shall not be construed to permit Participating Entities to terminate this agreement, or a Purchaser to terminate its Order(s) as to the period for which appropriations were made and available or as to any future period in order to acquire similar Products or Services from a third party. Any cancellation under this provision shall not affect the rights and obligations of either party attending orders outstanding up to the time of non-appropriation of funds, e.g., any right of and Participating Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any prior order. .3. Rights On Termination or Expiration 4.3.1. Upon termination or expiration of this agreement or a Participating Addendum, (a) Contractor reserves the right to cease all further delivery of Product or Services, (b) all outstanding invoices become due and payable within thirty (30) days of termination, and (c) all rights and licenses of Participating Entity under this WSCA-NASPO Master Agreement shall terminate, subject to the terms of this Section. If Contractor agrees to complete delivery of any further Products or Services due against any existing accepted Purchase Orders then Participating Entity shall pay for such Products or Services in advance within thirty (30) days. 4.3.2. Except for a termination of this WSCA-NASPO Master Agreement resulting from Participating Entity's breach of Section 17 (Intellectual Property and Software Licensing), Section 5 (Confidential Information), or Section 16 (Export, Re-Export), upon termination or expiration of this WSCA-NASPO Master Agreement, Participating Entity may continue to use, in accordance with the terms and conditions of this WSCA-NASPO Master Agreement and/or the Participating Addendum, Products provided to it by Contractor prior to the date of termination or expiration provided payment has been made in full for such Products. August 30, 2013 ©2013 Avaya Inc. Page 181 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1027 q�f 11 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions 1 Exceptions 4.3.3. Upon termination or expiration of this WSCA-NASPO Master Agreement, Participating Entity shall immediately return to Contractor all Confidential Information (including all copies thereof)then in Participating Entity's possession, custody or control (except. that Participating Entity may retain one archival copy for records retention purposes only as required by law); provided that, except for a termination resulting from Participating Entity's breach of Section 17 (Intellectual Property and Software Licensing), Section 5 (Confidential Information), or Section 16 (Export, Re-Export), Participating Entity may retain a sufficient amount of such Confidential Information and material to operate its installed base of Products. 4.3.4. In the event of any termination pursuant to this section, and unless otherwise required by law or court of competent jurisdiction, Purchaser shall remain obligated to comply in perpetuity with the provisions of Section 17 (Software License), Section 16 (Export Restrictions), or Section 5 (Confidential Information). . . Validity of Orders The parties agree that if Purchaser places a firm Order prior to the expiration or termination of this WSCA- NASPO Master Agreement (or a Participating Addendum), which by its terms would extend beyond the expiration or termination of this WSCA-NASPO Master Agreement (or a Participating Addendum), and Contractor has accepted such Purchase Order(s) prior to the expiration or termination of this WSCA- NASPO Master Agreement or a Participating Addendum, then any such Purchase Order(s) (i) shall remain in effect and be governed by the terms and conditions of this WSCA-NASPO Master Agreement, and (ii) shall survive expiration of this WSCA-NASPO Master Agreement in accordance with the terms herein but will not be considered an extension of the term of this WSCA-NASPO Master Agreement nor a renewal thereof. No Orders placed after expiration or termination of this WSCA-NASPO Master Agreement shall be valid. 5. CONFIDENTIALITY, NON-DISCLOSURE AND INJUNCTIVE RELIEF 5.1 Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Contractor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. 5.2 Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any August 30, 2013 ©2013 Avaya Inc. Page 182 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1028 q�f 21x12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Participating Entity immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contractor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contractor against any such person. Except as directed by Participating Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contractor shall turn over to Participating Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 5.3 Injunctive Relief. Contractor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the request that Section 5 of this WSCA-NASPO Master Agreement be made mutual and, with respect to 5.2, request that this be modified to be limited to what is within Avaya's care and control. 6. DEBARMENT The contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by WSCA- NASPO. Avaya esponse: Understood. 7. DEFAULTS & REMEDIES a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contractor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or V. Any default specified in another section of this Master Agreement. August 30, 2013 ©2013 Avaya Inc. Page 183 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1029 q�f 2IT12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. C. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii. Terminate this Master Agreement and any related Contracts or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contractor from receiving future bid solicitations; and V. Suspend Contractor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Avaya Response: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the request that Section 7 of this WSCA-NASPO Master Agreement be replaced with the following. 7. Defaults& Remedies: 7.1. WSCA-NASPO Master Agreement: The State or Avaya may terminate this WSCA-NASPO Master Agreement if either party breaches the terms of the WSCA-NASPO Master Agreement as follows: (a) immediately upon providing written notice to the breaching party if the breach is not capable of being cured, and (b) sixty (60) calendar days after providing written notice to the breaching party if the breaching party otherwise fails to cure a material breach within such sixty (60) calendar day period or commence cure within such sixty (60) calendar day period or diligently pursue completion of such cure. Notwithstanding the foregoing, the WSCA-NASPO Master Agreement may be terminated immediately by Contractor for cause in the event of Purchasers breach of the following Sections in the WSCA-NASPO Master Agreement Terms and Conditions; Section 17 (Software License), Section 16 (Export Restrictions), or Section 5 (Confidential Information). 7.2.Participating Addendum: If either party to a Participating Addendum (including the State of Utah when acting in its sovereign capacity under this WSCA-NASPO Master Agreement) materially breaches any of the provisions of a Participating Addendum, the non-breaching party may terminate the Participating Addendum as follows: (a) immediately upon providing written notice to the breaching party if the breach is not capable of being cured, and (b)thirty (30) calendar days after providing written notice to the breaching party if the breaching party fails to cure such breach within such thirty (30) calendar day period. Notwithstanding the foregoing, a Participating Addendum may be terminated immediately by Contractor August 30, 2013 ©2013 Avaya Inc. Page 184 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1030 q�f 21 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions for cause in the event of Purchaser's breach of the following Sections in the WSCA-NASPO Master Agreement Terms and Conditions; Section 17 (Software License), Section 16 (Export Restrictions), or Section 5 (Confidential Information). The cure periods stated in the above paragraphs shall not apply to any failure(s) to perform that result from the willful or negligent acts or omissions of the aggrieved party. 8. DELIVERY Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Participating State agency or political subdivision. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the contractor. Responsibility and liability for loss or damage shall remain the Contractor until final inspection and acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice.Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge. Avaya Response: Understood. Reference RFP Section 3.1.4 and 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the request that Section 8 (Orders and Delivery) of this WSCA-NASPO Master Agreement be replaced with the following. . ORDERS and DELIVERY. Notwithstanding anything contained in the Agreement to the contrary: .1. Contractor reserves the right to require that purchases be made through Fulfillment Partners. Where so required by Contractor, Purchasers shall not order Products or Services directly from Contractor and shall order same from Fulfillment Partner. Purchaser shall purchase Products by issuing a written or electronic Purchase Order, signed or (in the case of electronic transmission) sent by its authorized representative, indicating specific Products, quantity, unit price, total purchase price, shipping instructions, requested delivery dates, bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special instructions. .2. Any contingencies on Purchaser's Purchase Orders are not binding upon Contractor. The terms and conditions of this Agreement prevail, regardless of any additional or conflicting terms on the Purchase Order, or other correspondence from Purchaser to Contractor and any additional or conflicting terms are deemed rejected by Contractor unless Contractor has expressly agreed to such terms in writing. Mere acceptance or processing of a Purchase Order, Order or Order Document containing such terms shall not constitute such express consent. .3. All Purchase Orders are subject to Contractor's reasonable acceptance (including performing any related credit checks). Contractor shall use commercially reasonable efforts to accept or reject orders in writing within ten (10) days from receipt, or within three (3) Business Days, if orders are placed electronically. . . Purchaser may defer Product shipment up to thirty (30) days from the originally scheduled shipping date, provided written notice is received by Contractor at least ten (10) days before the originally scheduled shipping date. Cancelled orders, rescheduled deliveries or Product configuration changes made by Purchaser less than ten (10) days before the original shipping date are subject to Contractor's acceptance and a charge of fifteen percent (15 %) of the total invoice amount relating to the affected Product(s). Contractor reserves the right to reschedule delivery due to configuration changes made within ten (10) days of scheduled shipment. No August 30, 2013 ©2013 Avaya Inc. Page 185 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1031 c�f 2j�12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions cancellation shall be accepted by Contractor where Products are purchased with implementation Services, including but not limited to design, customization or installation Services, except as may be set forth in the agreement or Statement of Work under which the Services are to be rendered. Notwithstanding anything to the contrary, if Contractor is delayed in shipping the Product for thirty (30) days or more from the original shipping date, the Participating Entity may cancel the order without charge. .5. Services. Purchaser may place Purchase Orders for the various Services offered by Contractor. The provision of any such Services, if accepted by Contractor, shall be subject to the terms and conditions set forth in this Agreement, as well as the then-current terms of service offerings set forth on Contractor's website. Contractor reserves the right to subcontract services to a third party maintenance organization to provision Services for Purchaser. .6. After receipt and acceptance by Contractor of Participating Entity's Purchase Order(s), Contractor will use commercially reasonable efforts to ship all direct purchase orders designated for shipment to U.S. locations within thirty (30) days (or Participating Entity requested date, whichever is longer) for all Products. Please note that the following circumstances may affect lead times: (i) new products purchased within the first three (3) months of release of the product which are subject to Contractor's then current published lead-times, (ii) third-party stand-alone products which are not a component of equipment resold by Contractor, (iii) end-of-life products where the termination of the product has been announced by Contractor, (iv) products which have been line-stopped due to software discrepancies, reconfiguration, industry-wide product shortages, or alleged infringement claims, or (vi) situations where government rated orders create delays in lead-times. .7. Contractor will communicate scheduled shipping dates within three (3) business days after receipt of a Purchase Order provided that in the event such notification is not received in this time period, Participating Entity shall notify Contractor of the non-receipt, and Contractor's sole obligation with respect to such non-receipt shall be to promptly provide the information to the Participating Entity after such notification. .8. If Contractor has reason to believe that the actual shipment date will occur later than the original shipment date acknowledged by Contractor for reasons caused by Contractor, Contractor shall use commercially reasonable efforts to promptly provide additional information to Participating Entity including by electronic posting of the expected period of delay and, upon request, of the steps available, if any, to minimize the delay. If the extended delivery date is anticipated to be more than thirty (30) calendar days beyond the originally scheduled delivery date, the parties will work in good faith to resolve any ordering issues pursuant to the order escalation process. .9. Shipping terms are FOB destination, shipping and handling prepaid by Contractor. The method of shipment shall be consistent with the nature of the products and hazards of transportation. Acceptance by Purchaser shall be deemed to have occurred upon delivery of the applicable Products to the applicable Purchaser. Title and risk of loss shall pass to Purchaser upon delivery. 8.10. If Purchaser requests delivery of Products to Purchaser's forwarding agent or other representative, Purchaser assumes responsibility for compliance with applicable export laws and regulations. 8.11. Contractor is not liable for damage or penalty for delay in delivery or for failure to give notice of delay. Contractor shall not have any liability in connection with Product shipment other than as set forth in this Section 8. August 30, 2013 ©2013 Avaya Inc. Page 186 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1032 c�f 21b 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions 8.12. All sales are final. Except as provided in Contractor's Warranty (see Section 30), Contractor only permits the return of un-opened products due to Contractor's shipping or order processing error, or damage in transit. No other returns are authorized under this Agreement. Warranty returns will not be subject to any restocking charges. 9. FORCE MAJEURE Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. WSCA-NASPO may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. Avaya es once: Understood. 10. GOVERNING LAW This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the state sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreement(s) shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreement(s) or the effect of an Participating Addendum shall be in the Purchasing Entity's State. Avaya es once: Understood. 11. INDEMNIFICATION The Contractor shall defend, indemnify and hold harmless WSCA- NASPO, the Lead State and Participating Entities along with their officers, agencies, and employees as well as any person or entity for which they may be liable from and against claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to property arising from act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement. This section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement Avaya es once: Understood. As referenced in RFP Section 7.2.6 Avaya requests the above, Section 11 (Indemnification) be replaced by our suggested re-write of Section 15 of this WSCA-NASPO Master Agreement. 12. INDEMNIFICATION—INTELLECTUAL PROPERTY The Contractor shall defend, indemnify and hold harmless WSCA-NASPO, the Lead State and Participating Entities along with their officers, agencies, and employees as well as any person or entity for which they may be liable ("Indemnified Party") from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim"). The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless: (1) the Product, system or method is: (a) provided by the Contractor or the Contractor's subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or August 30, 2013 ©2013 Avaya Inc. Page 187 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1033 q�f 2112 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions 1 Exceptions (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (2) it would be reasonably expected to use the Product in combination with such product, system or method. The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. This section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. Avaya Response: Understood. As referenced in RFP Section 7.2.6 Avaya requests the following to replace the above Section 12 of this WSCA-NASPO Master Agreement, regarding Indemnification-Intellectual Property. 12. INFRINGEMENT defense and INDEMNIFICATION 12.1 Defense and Indemnity. Contractor will defend WSCA-NASPO, the Lead State and Participating Entities, along with their officers, agencies, and employees, ("Indemnified Parties") at Contractor's expense, against any Claim, as defined below, and will indemnify Indemnified Parties as provided for in this Section for any judgments, settlements and court awarded attorney's fees resulting from a Claim. Contractor's obligations under this Section are conditioned on the following: (i) Indemnified Parties promptly notifies Contractor of the Claim in writing upon Indemnified Party being made aware of the Claim; (ii) Indemnified Party gives Avaya sole authority and control of the defense and (if applicable) settlement of the Claim, provided that Indemnified Party's legal counsel may participate in such defense and settlement, at Indemnified Party's expense, and (iii) Indemnified Party provides all information and assistance reasonably requested by Contractor to handle the defense or settlement of the Claim. For purposes of this Section, "Claim" means any cause of action in a third party action, suit or proceeding against Indemnified Party alleging that a Product as of its delivery date under this Agreement infringes a valid U.S. patent, copyright or trademark. 12.2 Remedial Measures. If a Product becomes, or Contractor reasonably believes use of a Product may become, the subject of a Claim, Contractor may, at its own expense and option: (i) procure for Indemnified Party the right to continue use of the Product; (ii) replace or modify the Product; or to the extent that neither(i) nor(ii) are deemed commercially practicable, (iii) refund to Indemnified Party a pro- rated portion of the applicable fees for the Product based on a linear depreciation monthly over a five (5) year useful life, in which case Indemnified Party will cease all use of the Product and return it to Contractor. 12.3 Exceptions. Contractor will have no defense or indemnity obligation for any Claim based on: (i) a Product that has been modified by someone other than Contractor; (ii) a Product that has been modified by Contractor in accordance with Indemnified Party-provided specifications or instructions; (iii) use or combination of a Product with Third Party Products, open source or freeware technology; (iv) Third Party August 30, 2013 ©2013 Avaya Inc. Page 188 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1034 q�f 2112 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Products, open source or freeware technology; (v) a Product that is used or located by Indemnified Parties in a country other than the country in which or for which it was supplied by Contractor; (vi) possession or use of the Product after Contractor has informed Indemnified Parties of modifications or changes in the Product required to avoid such Claim and offered to implement those modifications or changes, if such Claim would have been avoided by implementation of Contractor's suggestions and to the extent Indemnified Party did not provide Contractor with a reasonable opportunity to implement Contractor's suggestions; or(vii)the amount of revenue or profits earned or other value obtained by the use of Products, or the amount of use of the Products. "Third Party Products" means any products made by a party other than Contractor, and may include, without limitation, products ordered by Indemnified Party from third parties. However, components of Contractor-branded Products are not Third Party Products if they are both: (i) embedded in Products (i.e., not recognizable as standalone items); and (ii) not identified as separate items on Contractor's price list, quotes, order specifications forms or Documentation. 12.4 Sole Remedy. THE FOREGOING STATES CONTRACTOR'S ENTIRE LIABILITY, AND INDEMNIFIED PARTY'S SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY. 13. INDEPENDENT CONTRACTOR The contractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. Avaya es once: Understood. 14. INDIVIDUAL CUSTOMER Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Participating Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Participating Entity individually. Avaya es once: Understood. 15. INSURANCE Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. August 30, 2013 ©2013 Avaya Inc. Page 189 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1035 q�f 21 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contractor. Prior to commencement of the work, Contractor shall provide to the Participating Entity a written endorsement to the Contractor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contractor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at State's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement. Avaya Response: Understood. As referenced in Avaya's response to RFP Section 3.1.3 and 7.2.7, Avaya requests the following to replace the above Section 15 of this WSCA-NASPO Master Agreement, regarding Insurance; Hold Harmless; General Indemnity; Limitation of Liability; Consequential and Other Damages. 1 . INSURANCE; HOLD HARMLESS; GENERAL INDEMNITY; LIMITATION OF LIABILITY; CONSEQUENTIAL AND OTHER DAMAGES: 15.1. General Liability Insurance. Contractor shall maintain Commercial General Liability insurance with bodily injury and property damage limits of$1,000,000 per occurrence and $2,000,000 aggregate. Such insurance shall (a) provide for contractual liability coverage, (b) provide for cross liability coverage, and (c) name the other party and its subcontractors, as well as the directors, officers, employees, agents, successors and assigns of all of them, as additional insureds, but only to the extent of liabilities falling within the indemnity obligations of the other party pursuant to the terms of Subsection 12.2. Nothing in this section shall prohibit any applicable party from providing any or all of the insurance coverages required on a self-insured basis. 15.2. General Indemnity. Subject to governmental immunities of the Participating States, each party to this Agreement and to each Participating Addendum, as the case may be, shall defend, indemnify and hold harmless the other, its corporate affiliates and their respective officers, directors, employees, and agents and their respective successors and assigns from and against any and all claims, losses, liabilities, damages, and expenses (including, without limitation, reasonable attorneys'fees), including without limitation those based on contract or tort, arising out of or in connection with a claim, suit or proceeding brought by a third party based upon bodily injury (including death) or damage to tangible personal property (but not including lost or damaged data, or toll fraud) arising from the negligent or intentional acts or omissions of the indemnifying party or its subcontractors, or the officers, directors, employees, agents, successors and assigns of any of them. In the event that the indemnified party's or a third party's negligent or intentional acts or omissions contributed to cause the injury or damage for which a claim of indemnity is being asserted against the indemnifying party hereunder, the damages and expenses (including, without limitation, reasonable attorneys' fees) shall be allocated or reallocated, as the case may be, between the indemnified party, the indemnifying party and any other party bearing August 30, 2013 ©2013 Avaya Inc. Page 190 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1036 q�f 21b 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions responsibility in such proportion as appropriately reflects the relative fault of such parties, or their subcontractors, or the officers, directors, employees, agents, successors and assigns of any of them, and the liability of the indemnifying party shall be proportionately reduced. The foregoing indemnification obligations are conditioned upon the indemnified party promptly notifying the indemnifying party in writing of the claim, suit or proceeding for which the indemnifying party is obligated under this Subsection, cooperating with, assisting and providing information to, the indemnifying party as reasonably required, and granting the indemnifying party the exclusive right to defend or settle such claim, suit or proceeding; provided that any such settlement or compromise includes a release of the indemnified party from all liability arising out of such claim, suit or proceeding. 15.3. Limitation of Liability. EXCEPT FOR THOSE OBLIGATIONS UNDER SECTIONS 12 (INTELLECTUAL PROPERTY INFRINGEMENT)AND 15.2 (GENERAL INDEMNITY), NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF CONTRACTOR AND ITS SUPPLIERS TO ANY PURCHASER FOR CLAIMS ARISING UNDER THIS AGREEMENT, THE APPLICABLE PARTICIPATING ADDENDUM, OR OTHERWISE SHALL BE LIMITED TO THE MONEY PAID TO CONTRACTOR FOR PRODUCTS OR FOR SERVICES WITH RESPECT TO SUCH PURCHASER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. 15.4. Waiver of Consequential and Other Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAVING BEEN INFORMED OF THE POSSIBILITY THEREOF. 15.5 HOWEVER THESE LIMITATIONS OF LIABILITY WILL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, PERSONAL INJURY, BREACHES OF EITHER PARTY'S CONFIDENTIAL INFORMATION OR BREACHES OF AVAYA'S LICENSE RESTRICTIONS. THE LIMITATIONS OF AGGREGATE LIABILITY WILL NOT APPLY TO CONTRACTUAL INDEMNIFICATION OBLIGATIONS PROVIDED IN THE AGREEMENT 16. LAWS AND REGULATIONS Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. Avaya Response: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the following, with the request that it replace the above Section 16 (Laws and Regulations). 16. Laws and Regulations. The parties will observe all applicable laws and regulations when using the Products and work product of any Services. WSCA-NASPO or Participating Entity, as applicable, is advised that the Products, including any Software, are of U.S. origin and subject to the U.S. Export Administration Regulations ("EAR"). Products also may be subject to applicable local laws and regulations. Diversion contrary to U.S. and/or applicable local country law and/or regulation is prohibited. WSCA-NASPO or Participating Entity, as applicable, agrees not to directly or indirectly export, re-export, import, download, or transmit Products to any country, end user or for any use that is contrary to applicable U.S. and/or local country regulation or statute (including but not limited to those countries embargoed by the U.S. government). WSCA-NASPO or Participating Entity, as applicable, represents that neither the U.S. Bureau of Industry and Security ("BIS") nor any governmental agency has issued sanctions against such party or otherwise suspended, revoked or denied party's export privileges. WSCA- NASPO or Participating Entity, as applicable, agrees not to use or transfer Products for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.S. and applicable local government by regulation or specific written license. Additionally, WSCA-NASPO or August 30, 2013 ©2013 Avaya Inc. Page 191 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1037 q�f 21 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Participating Entity, as applicable, is advised that Products may contain encryption algorithm or source code that may not be exported to government or military end users without a license issued by the U.S. BIS and any other country's governmental agencies, where applicable.. 17. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY Contractor grants to the Participating Entity a nonexclusive, perpetual, royalty-free, irrevocable, unlimited license to publish, translate, reproduce, modify, deliver, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to any third party rights in the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, on behalf of the Participating Entity, written consent of the owner for the licensed Pre-existing Intellectual Property. Avaya es once: Understood. As referenced in Section 7.2.6 Avaya requests the following to replace the above Section 17, regarding Avaya's Software License (Section 17.1) and Intellectual Property Rights (Section 17.2). 17.1 CONTRACTOR'S SOFTWARE LICENSE TERMS These Contractor's Software License Terms apply if and to the extent Software is purchased from Contractor under this Agreement. THIS END USER LICENSE AGREEMENT ("SOFTWARE LICENSE TERMS") GOVERNS THE USE OF CONTRACTOR'S PROPRIETARY SOFTWARE AND THIRD-PARTY PROPRIETARY SOFTWARE. READ THESE SOFTWARE LICENSE TERMS CAREFULLY, IN THEIR ENTIRETY, BEFORE INSTALLING, DOWNLOADING OR USING THE CONTRACTOR SOFTWARE (AS DEFINED IN SECTION A BELOW). BY INSTALLING, DOWNLOADING OR USING THE CONTRACTOR SOFTWARE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU"AND "END USER"), AGREE TO THESE SOFTWARE LICENSE TERMS AND CONDITIONS AND CREATE A BINDING CONTRACT BETWEEN YOU AND AVAYA INC. OR THE APPLICABLE AVAYA AFFILIATE ("CONTRACTOR"). IF YOU ARE ACCEPTING THESE SOFTWARE LICENSE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE SOFTWARE LICENSE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT WISH TO BE BOUND BY THESE SOFTWARE LICENSE TERMS, YOU MUST RETURN OR DELETE THE SOFTWARE WITHIN TEN (10) DAYS OF DELIVERY FOR A REFUND OF THE FEE, IF ANY, YOU PAID FOR THE LICENSE OR IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THESE SOFTWARE LICENSE TERMS. A. Scope. These Software License Terms are applicable to anyone who installs, downloads, and/or uses Contractor Software and/or Documentation, obtained from Contractor or an Contractor authorized reseller, distributor, direct partner, system integrator, or other partner authorized to provide A Software to End Users in the applicable territory ("Contractor Channel Partner"). You are not authorized to use the Software if the Software was obtained from anyone other than Contractor or a Contractor Channel Partner. These Software License Terms govern your use of the Software and/or Documentation except to the extent 1) you have a separate signed agreement with Contractor governing your use of the Software, 2) the Software is accompanied by a Shrinkwrap License, or 3)the Software is governed by Third Party Terms. If you have a separate signed purchase agreement with Contractor governing your use of the Software, such agreement shall take precedence over these Software License Terms to the extent of any conflict. With respect to third party elements subject to a Shrinkwrap License or other Third Party Terms, August 30, 2013 ©2013 Avaya Inc. Page 192 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1038 q�f 21� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions the Shrinkwrap License or other Third Party Terms shall take precedence over any signed purchase Agreement with Contractor and these Software License Terms to the extent of any conflict. "Software" means computer programs in object code, provided by Contractor or an Contractor Channel Partner, whether as stand-alone products or pre-installed on hardware products, and any upgrades, updates, bug fixes, or modified versions thereto. "Documentation" means information published by Contractor in varying mediums which may include product information, operating instructions and performance specifications that Contractor generally makes available to users of its products. Documentation does not include marketing materials. B. License Grant. Contractor grants you a personal, non-sublicensable, non-exclusive, non-transferable license to use Software and associated Documentation obtained from Contractor or an Contractor Channel Partner and for which applicable fees have been paid for your internal business purposes at the indicated capacity and features and within the scope of the applicable license types described below and at locations where the Software is initially installed. Documentation shall be used only in support of the authorized use of the associated Software. Software installed on mobile-devices and clients, such as a laptop or mobile phone, may be used outside of the country where the software was originally installed, provided that such use is on a temporary basis only. (i) Right to Move License Entitlements. Notwithstanding the foregoing limitation permitting use of the Software only at the location where it is initially installed, you may move right to use license entitlements (RTU's)for certain specified types of Software from one location to another in accordance with Contractor's then-current software license move policy for that Software ("License Portability Policy"), which is available upon request, subject to the following conditions: (a) You shall provide written notice within ten (10) days to Contractor of any RTU moves including but not limited to, the number and type of licenses moved, the location of the original Server and the location of the new Server, the date of such RTU moves and any other information that Contractor may reasonably request; (b) You may only move RTU's to and from Designated Processors or Servers supporting the same Software application; (c) You must reduce the quantity of the licenses on the original Server by the number of RTU's being moved to the new Server. (d) You acknowledge that (1) you may be charged additional fees when moving RTU's as per Contractor's then-current License Portability Policy, (2) maintenance services do not cover system errors caused by moves not performed by Contractor, (3) you are responsible for any programming, administration, design assurance, translation or other activity to make sure the Software will scale and perform as specified as a result of any license moves, and if any such transfer results in a requirement for Contractor system engineering or requires the use of on- site Contractor personnel, you will be charged the Time & Materials fees for such activity; (e) If your maintenance coverage differs on licenses on the same product instance at the location of the new Server, service updates, recasts and/or fees may apply and any fee adjustments for differences in coverage will only be made on a going forward basis as of the date Contractor receives notice of the RTU move; and (f) You may move RTU's from one Affiliate to another Affiliate provided that you comply with all of the conditions of this section, including, without limitation, providing the name and address of the new Affiliate in your written notice under subpart (a) above, and provided such new Affiliate agrees to be bound by these Software License Terms. "Affiliate" means any entity that is directly or indirectly controlling, controlled by, or under common control with Contractor or End User. For purposes of this definition, "control" means the power to direct the management and policies of such party, directly or indirectly, whether through ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing. August 30, 2013 ©2013 Avaya Inc. Page 193 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1039 q�f 2�T12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions (ii) Non-Production License Grant.With respect to Software distributed by Contractor to you for non-production purposes, the scope of the license granted herein shall be to use the Software in a non-production environment solely for testing or other non-commercial purposes on a single computer("Non-Production License"). C. All Rights Reserved. Contractor retains title to and ownership of the Software, Documentation, and any modifications or copies thereof. Except for the limited license rights expressly granted in these Software License Terms, Contractor reserves all rights, including without limitation copyright, patent, trade secret, and all other intellectual property rights, in and to the Software and Documentation and any modifications or copies thereof,. The Software contains trade secrets of Contractor, its suppliers, or licensors, including but not limited to the specific design, structure and logic of individual Software programs, their interactions with other portions of the Software, both internal and external, and the programming techniques employed. D. General License Restrictions. To the extent permissible under applicable law, you agree not to: (i) decompile, disassemble, reverse engineer, reverse translate or in any other manner decode the Software; (ii) alter, modify or create any derivative works or enhancements, adaptations, or translations of the Software or Documentation; (iii) sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software or Documentation except as expressly authorized by Contractor in writing, and any attempt to do so is void; (iv) distribute, disclose or allow use of the Software or Documentation, in any format, through any timesharing service, service bureau, network or by any other similar means except as expressly authorized by Contractor in writing; (v) allow any service provider or other third party, with the exception of Contractor's authorized maintenance providers who are acting solely on behalf of and for the benefit of End User, to use or execute any software commands that facilitate the maintenance or repair of any product; (vi) gain access to or the use of any Software or part thereof without authorization from Contractor; (vii) enable or activate, or cause, permit or allow others to enable or activate any logins reserved for use by Contractor or Contractor's authorized maintenance providers; (viii) publish the results of any tests run on the Software; (ix) disclose, provide, or otherwise make available to any third party any trade secrets contained in the Software or Documentation; or(x) permit or encourage any third party to do any of the foregoing. End User agrees not to allow anyone other than its authorized employees, agents or representatives who have a need to use the Software or Documentation to have access to the Software or Documentation. End User agrees to inform any third party to whom you give access to the Software or Documentation of these Software License Terms and shall obligate such third party to comply with such terms and provisions. End User shall be responsible for any third party's failure to comply with these Software License Terms and shall indemnify Contractor for any damages, loss, expenses or costs, including attorneys' fees and costs of suit, incurred by Contractor as a result of non-compliance with this section. If the Software is rightfully located in a member state of the European Union and End User needs information about the Software in order to achieve interoperability of an independently created software program with the Software, End User will first request such information from Contractor. Contractor may charge End User a reasonable fee for the provision of such information. End User shall maintain such information in strict confidence using no less than the same care it uses to protect its own confidential information and shall use such information only in accordance with the terms and conditions under which Contractor provides such information. To the extent that the End User is expressly permitted by applicable mandatory law to undertake any activities related to achieving interoperability of an independently created software program with the Software, End User will not exercise those rights until End User has given Contractor twenty (20) days written notice of its intent to exercise any such rights. E. Proprietary Rights Notices. End User shall affix to each copy of the Software made by End User, in the same form and location, a reproduction of the copyright notices, trademarks, and all other proprietary legends and/or logos of Contractor and/or Contractor's suppliers appearing on the original copy of the Software delivered to End User, and shall retain the same without alteration on all original copies. F. Backup Copies. End User may create a reasonable number of archival and backup copies of the Software and the Documentation. August 30, 2013 ©2013 Avaya Inc. Page 194 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1040 q�f 2��l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions G. Upgrades— End User's right to use any upgrades to the Software shall be conditioned upon End User having a valid license to use the original Software and paying the applicable license fee to Contractor or a Contractor Channel Partner for such upgrade. H. Warranty. Contractor's Global Product Warranty Policy for End Users, which details a limited warranty for Software and Software media and the applicable procedures, exclusions, and disclaimers, is available through the following website: ttp://support. vy .co . Please note that if you are acquiring the Software from a Contractor Channel Partner outside the United States of America or Canada, the warranty is provided to you by said Contractor Channel Partner and not by Contractor. I. Compliance. Contractor and the Contractor Channel Partner who provided the Software have the right to inspect or audit by remote polling or other reasonable means, and to inspect End User's books, records, and accounts during normal business hours and with reasonable notice, to determine End User's compliance with these Software License Terms, including but not limited to usage levels. In the event such inspection or audit uncovers non-compliance with these Software License Terms, then without prejudice to Contractor's termination rights hereunder, End User shall promptly pay Contractor any applicable license fees. End User agrees to keep a current record of the location of the Software. J. Termination of License; Effect of Termination/Expiration. If you breach these Software License Terms and if within ten (10) business days of your receipt of a reasonably detailed written request to cure, you have not cured all breaches of license limitations or restrictions, Contractor may, with immediate effect, terminate the licenses granted in these Software License Terms without prejudice to any available rights and remedies Contractor may have at law or in equity. Upon termination or expiration of the license for any reason, you must immediately permanently destroy all copies of the Software and any related materials in your possession or control and, upon Contractor's request, certify such destruction in writing. The provisions concerning confidentiality, the protection of trade secrets and proprietary rights, indemnity, license restrictions, export control, and all limitations of liability and disclaimers and restrictions of warranty (as well as any other terms which, by their nature, are intended to survive termination)will survive any termination or expiration of the Software License Terms. K. License Types. Contractor grants you a license within the scope of the license types described below, with the exception of Heritage Nortel Software, for which the scope of the license is detailed in Section L below. Where the order documentation does not expressly identify a license type,the applicable license will be a Designated System License. The applicable number of licenses and units of capacity for which the license is granted will be one (1), unless a different number of licenses or units of capacity is specified in the documentation or other materials available to you. "Designated Processor" means a single stand-alone computing device. "Server" means a Designated Processor that hosts a software application to be accessed by multiple users. Designated System(s) License (DS). End User may install and use each copy of the Software only on a number of Designated Processors up to the number indicated in the order. Contractor may require the Designated Processor(s) to be identified in the order by type, serial number, feature key, location or other specific designation, or to be provided by End User to Contractor through electronic means established by Contractor specifically for this purpose. Concurrent User License (CU). End User may install and use the Software on multiple Designated Processors or one or more Servers, so long as only the licensed number of Units are accessing and using the Software at any given time. A"Unit" means the unit on which Contractor, at its sole discretion, bases the pricing of its licenses and can be, without limitation, an agent, port or user, an e-mail or voice mail account in the name of a person or corporate function (e.g., webmaster or helpdesk), or a directory entry in the administrative database utilized by the Software that permits one user to interface with the Software. Units may be linked to a specific, identified Server. Database License (DL). End User may install and use each copy of the Software on one Server or on multiple Servers provided that each of the Servers on which the Software is installed communicates with no more than a single instance of the same database. August 30, 2013 ©2013 Avaya Inc. Page 19.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1041 q�f 2��12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions CPU License (CP). End User may install and use each copy of the Software on a number of Servers up to the number indicated in the order provided that the performance capacity of the Server(s) does not exceed the performance capacity specified for the Software. End User may not re-install or operate the Software on Server(s) with a larger performance capacity without Contractor's prior consent and payment of an upgrade fee. Named User License (NU). You may: (i) install and use the Software on a single Designated Processor or Server per authorized Named User(defined below); or(ii) install and use the Software on a Server so long as only authorized Named Users access and use the Software. "Named User," means a user or device that has been expressly authorized by Contractor to access and use the Software. At Contractor's sole discretion, a "Named User" may be, without limitation, designated by name, corporate function (e.g., Webmaster or helpdesk), an e-mail or voice mail account in the name of a person or corporate function, or a directory entry in the administrative database utilized by the Software that permits one user to interface with the Software. Shrinkwrap License (SR). You may install and use the Software in accordance with the terms and conditions of the applicable license agreements, such as "shrinkwrap" or"clickthrough" license accompanying or applicable to the Software ("Shrinkwrap License"). L. Heritage Nortel Software. "Heritage Nortel Software" means the software that was acquired by Contractor as part of its purchase of the Nortel Enterprise Solutions Business in December 2009. The Heritage Nortel Software currently available for license from Contractor is the software contained within the list of Heritage Nortel Products located at http://support. vy .co /licenseinfo under the link"Heritage Nortel Products." For Heritage Nortel Software, Contractor grants Customer a license to use Heritage Nortel Software provided hereunder solely to the extent of the authorized activation or authorized usage level, solely for the purpose specified in the Documentation, and solely as embedded in, for execution on, or(in the event the applicable Documentation permits installation on non-Avaya equipment) for communication with Contractor equipment. Charges for Heritage Nortel Software may be based on extent of activation or use authorized as specified in an order or invoice. M. Third Party Components. Certain software programs or portions thereof included in the Software may contain software (including open source software) distributed under third party agreements ("Third Party Components"), which may contain terms that expand or limit rights to use certain portions of the Software ("Third Party Terms"). Information regarding distributed Linux OS source code (for those product that have distributed Linux OS source code) and identifying the copyright holders of the Third Party Components and the Third Party Terms that apply is available in the Documentation or on Contractor's website at: http://support. vy .co /Copyright. You agree to the Third Party Terms for any such Third Party Components. N. Limitation of Liability. EXCEPT FOR PERSONAL INJURY CLAIMS OR WILLFUL MISCONDUCT AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER CONTRACTOR, ITS SUPPLIERS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR (i) ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INDIRECT OR CONSEQUENTIAL DAMAGES, (ii)ANY LOSS OF PROFITS, REVENUE, OR DATA, TOLL FRAUD, OR COST OF COVER OR (iii)ANY DIRECT DAMAGES ARISING UNDER THESE SOFTWARE LICENSE TERMS IN EXCESS OF THE FEES PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM. REGARDLESS OF WHETHER THEY WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY TO ANY DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE. . Protection of Software and Documentation. End User acknowledges that the Software and Documentation are confidential information of Contractor and its suppliers and contain trade secrets of Contractor and its suppliers. End User agrees at all times to protect and preserve in strict confidence the Software and Documentation using no less than the level of care End User uses to protect its own August 30, 2013 ©2013 Avaya Inc. Page 196 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1042 q�f 21� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions information of a confidential nature and to implement reasonable security measures to protect the trade secrets of Contractor and its suppliers. P. Personal Data. The download or use of the Software may require the processing of personal data (including, but not limited to contact name, company address, company phone or fax, or company email) pertaining to your company or to your company's personnel. Such data will be used by Contractor for communication, administrative, and operational purposes related to the Software, including but not limited to tracking Software activations, communicating regarding trouble tickets and alarms, and providing Software updates. Personal data required to download or use the Software must be submitted to Contractor. Failing the submission of such data, the download or use of the Software may not be possible. You or your personnel have a right to access and correct erroneous personal data pertaining to you or your personnel and to object for legitimate reasons to the processing and transfer of this data. You can exercise this right by contacting in writing the Data Privacy Officer of the applicable Contractor Affiliate. Q. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for any use in any environment that requires fail-safe performance in which the failure of the Software could lead to death, personal injury or significant property damage ("High Risk Activities"). Such environments include, among others, control systems in a nuclear, chemical, biological or other hazardous facility, aircraft navigation and communications, air traffic control, and life support systems in a healthcare facility. End User assumes the risks for its use of the Software in any such High Risk Activities. R. Export Control. End User is advised that the Software is of U.S. origin and subject to the U.S. Export Administration Regulations (EAR). The Software also may be subject to applicable local laws and regulations. Diversion contrary to U.S. and/or applicable local country law and/or regulation is prohibited. You agree not to directly or indirectly export, re-export, import, download, or transmit the Software to any country, end user or for any use that is contrary to applicable U.S. and/or local country regulation or statute (including but not limited to those countries embargoed by the U.S. government). You represent that neither the U.S. Bureau of Industry and Security (BIS) nor any other governmental agency has issued sanctions against End User or otherwise suspended, revoked or denied End User's export privileges. You agree not to use or transfer the Software for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.S. and applicable local government by regulation or specific written license. Additionally, you are advised that the Software may contain encryption algorithm or source code that may not be exported to government or military end users without a license issued by the U.S. BIS and any other country's governmental agencies, where applicable. S. U.S Government End Users. The Software is classified as "commercial computer software" and the Documentation is classified as "commercial computer software documentation" or"commercial items," pursuant to 48 CFR FAR 12.212 or DFAR 227.7202, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software or Documentation by the Government of the United States shall be governed solely by the terms of these Software License Terms and shall be prohibited except to the extent expressly permitted by these Software License Terms, and any use of the Software and/or Documentation by the Government constitutes agreement to such classifications and to these Software License Terms. T. Acknowledgement. End User acknowledges that certain Software may contain programming that: (i) restricts, limits and/or disables access to certain features, functionality or capacity of such Software subject to the End User making payment for licenses to such features, functionality or capacity; or(ii) periodically deletes or archives data generated by use of the Software and stored on the applicable storage device if not backed up on an alternative storage medium after a certain period of time. U. Miscellaneous. These Software License Terms will be governed by New York law, excluding choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods. Any claim, dispute or controversy (collectively a "Claim") arising out of or relating to these Software License Terms, including without limitation the formation, interpretation, breach or termination hereof, or any issue regarding whether a Claim is subject to arbitration hereunder, that cannot be settled by good faith August 30, 2013 ©2013 Avaya Inc. Page 197 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1043 q�f 21� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions 1 Exceptions negotiation between the parties within a reasonable period of time, will be conclusively determined by a final and binding arbitration proceeding to take place in New York City, New York. Such proceeding will be conducted in English and administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures then in effect, or in the event one of the parties is located outside of the United States, pursuant to the JAMS International Arbitration Rules then in effect, before a panel of one arbitrator chosen in accordance with such rules. The arbitrator will not award punitive or exemplary damages, and will not have the authority to limit, expand or otherwise modify the Software License Terms. The ruling by the arbitrator may be entered in any court having jurisdiction over the parties or any of their assets. The parties will evenly split the cost of the arbitrator's fees, but each party will bear their own attorneys'fees and other costs associated with the arbitration. The parties agree that this arbitration provision may be enforced by injunction or other equitable order, and no bond or security of any kind will be required with respect to any such injunction or order. In addition and notwithstanding the foregoing, Contractor shall be entitled to take any necessary legal action, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect Contractor's intellectual property and its confidential or proprietary information (including but not limited to trade secrets). If any provision of these Software License Terms is determined to be unenforceable or invalid, these Software License Terms will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure to assert any rights under the Software License Terms, including, but not limited to, the right to terminate in the event of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of the Software License Terms in accordance with their terms. If you move any Software, and as a result of such move, a jurisdiction imposes a duty, tax, levy or fee (including withholding taxes, fees, customs or other duties for the import and export of any such Software), then you are solely liable for, and agree to pay, any such duty, taxes, levy or other fees. V. Agreement in English. The parties confirm that it is their wish that these Software License Terms, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux presentes conferment leur volonte que tette convention, de meme que tour les documents, y compris tout avis, qui s'y rattachent, soient rediges en langue anglaise. Las partes ratifican que es su voluntad que este Contrato, ase tomo cualquier otro documento relacionado con el mismo, incluyendo todo tipo de notificaciones, han lido redactados y deberan continuar siendo redactados unicamente en el idioma ingles. 17.2 INTELLECTUAL PROPERTY RIGHTS. 17.2.1 Participating Entity Owns Participating Entity IP. Participating Entity reserves all rights, including, but not limited to, ownership, title, intellectual property rights and all other rights and interest in and to any computer programs (in object or source code format or any other form), know-how, inventions, processes, data bases, documentation, training materials and any other intellectual property and any tangible embodiments of it (collectively"Intellectual Property" or"IP") Participating Entity, as applicable, owns and makes available to Contractor (collectively"Participating Entity IP") under this Contract. 17.2.2 Contractor Owns Contractor IP. Contractor reserves all rights, including, but not limited to, ownership, title, and all other rights and interest in, and to, any Intellectual Property that Contractor owned prior to providing Services under the Contract, any Intellectual Property that Contractor develops, creates, or otherwise acquires independently of this Contract, and any Intellectual Property that Contractor develops, creates, or otherwise acquires (excluding Participating Entity IP)while performing Services under the Contract. 17.2.3 Participating Entity Ownership of Delivered Software. Upon the effective date of this Contract, neither party contemplates that the Participating Entity will order customized deliverables from Contractor that will result in the transfer of any ownership rights of Software or other proprietary data from Contractor to the Participating Entity. Prior to any obligation of Contractor to transfer such rights, a written amendment to this Contract shall be executed by authorized representatives of both parties expressly identifying the subject intellectual property and identifying the ownership rights that will be transferred. August 30, 2013 ©2013 Avaya Inc. Page 198 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1044 q�f 21� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions 1 Exceptions 18. NO WAIVER OF SOVEREIGN IMMUNITY In no event shall this Master Agreement, any Participating Addendum or any contract or any purchase order issued thereunder, or any act of a Lead State or a Participating Entity, be a waiver by the Participating Entity of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the Participating State. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. Avaya esponse: Understood. 19. ORDER NUMBERS Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully requests that Section 19 (Order Numbers) be replaced with the following: 19. ORDER NUMBERS. Contractor or each Fulfillment Partner shall utilize its standard method for generating acknowledgments, shipping labels, packing slips, invoices, and correspondence. PO number will only appear on invoices only if provided at time of order upload. 20 PARTICIPANTS WSCA-NASPO is the cooperative purchasing arm of the National Association of State Procurement Officials. It is a cooperative group contracting consortium for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states, the District of Columbia and the organized US territories. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award(s) will be permissive. Avaya esponse: Understood. 21. ENTITY PARTICIPATION Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. Avaya esponse: August 30, 2013 ©2013 Avaya Inc. Page 199 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1045 q�f 21 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Understood. 22. PAYMENT Payment for completion of a contract order is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card"with no additional charge. AvayaResponse: Understood. 23. PUBLIC INFORMATION This Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. AvayaResponse: Understood. 24. RECORDS ADMINISTRATION AND AUDIT The contractor will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the contractor for costs authorized by this Master Agreement. These records will be retained by the contractor for at least four years after the Master Agreement terminates, or until all audits initiated within the four years have been completed, whichever is later. The contractor agrees to allow WSCA-NASPO, State and Federal auditors, and state agency staff access to all the records of this Master Agreement and any order placed under this Master Agreement, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. AvayaResponse: Understood. 25. REPORTS and ADMINISTRATIVE FEES The contractor shall submit quarterly reports to the WSCA-NASPO Contract Administrator showing the quantities and dollar volume of purchases by each participating entity. The contractor must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the Master Agreement. The WSCA-NASPO administrative fee shall be submitted quarterly and is based on sales of products and services. The WSCA-NASPO administration fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some States may require that an additional fee be paid directly to the State on purchases made by procuring entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated in a Participating Addendum that is made a part of the Master Agreement. The contractor may adjust the Master Agreement pricing accordingly for purchases made by procuring agencies within the jurisdiction of the State. All such agreements may not affect the WSCA-NASPO administrative fee or the prices paid by the procuring agencies outside the jurisdiction of the State requesting the additional fee. AvayaResponse: August 30, 2013 ©2013 Avaya Inc. Page 200 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1046 q�f 21� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Understood. 26. STANDARD OF PERFORMANCE AND ACCEPTANCE The Standard of Performance applies to all Product(s) purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Participating Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in the solicitation or the Participating Addendum, starting from the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the Standard of Performance during the initial period of Acceptance Testing, Participating Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the Standard of Performance issue(s). If after the cure period, the Product still has not met the Standard of Performance Participating Entity may, at its option: (1) declare Contractor to be in breach and terminate the Order; (2) demand replacement Product from Contractor at no additional cost to Participating Entity; or, (3) continue the cure period for an additional time period agreed upon by the Participating Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be accepted and no charges shall be paid until the Standard of Performance is met. The warranty period will begin upon Acceptance. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits its request that in lieu of the above Section 26 (Standard of Performance and Acceptance), please reference Avaya's proposed Section 8.9 to these WSCA-NASPO Master Agreement Terms and Conditions and new Avaya proposed Section #34 (Contractor's Implementation and Professional services Terms), Subsection 34.2 (Acceptance)to address acceptance criteria. 27. SYSTEM FAILURE OR DAMAGE In the event of system failure or damage caused by the Contractor or its Product, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the request that in lieu of the above Section 27 (System Failure or Damage), please refer to Avaya's proposed modification to Section 30 (Contractor's Warranty) and new Section #33 (Contractors Maintenance and Managed Services Terms and Conditions) to these WSCA-NASPO Master Agreement Terms and Conditions. 28. TITLE OF PRODUCT Upon Acceptance by the Participating Entity, Contractor shall convey to Participating Entity title to the Product free and clear of all liens, encumbrances, or other security interests.Transfer of title to the Product shall include an irrevocable and perpetual license to use the Embedded Software in the Product. If Participating Entity subsequently transfers title of the Product to another entity, Participating Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Participating Entity or Participating Entity's transferee. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully submits the request that in lieu of the above Section 28 (Title of Product), please refer to Avaya's August 30, 2013 ©2013 Avaya Inc. Page 201 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1047 q�f 21,7,12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions requested exceptions set out in Section 8.9 to these WSCA-NASPO Master Agreement Terms and Conditions 29. WAIVER OF BREACH Failure of Lead State or Participating Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement or Participating Addendum. Avaya Response: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully requests that Section 29 of this WSCA-NASPO Master Agreement be made mutual. 30. WARRANTY The Contractor warrants for a period of one year from the date of Acceptance that: (a)the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c)the Product is suitable for any special purposes identified in the solicitation or for which the Participating Entity has relied on the Contractor's skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e)the Product is free of defects. Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Participating Entity)the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. Avaya Response: Understood. Please see RFP Sections 4.2 and 7.2.5 for Avaya's requested exceptions with regards to Avaya's standard warranty. Avaya respectfully submits the request that Section 30 (Warranty)of this WSCA-NASPO Master Agreement be replaced with the following: 30. Avaya Global Product Warranty Policy for End Users 30.1 Scope of Policy 30.1.1 Avaya warrants to End User that during the applicable warranty period the Avaya Products will conform to and operate in accordance with the applicable Documentation in all material respects. 30.1.2 This policy applies globally to all Avaya Products purchased by End Users directly from Avaya. In the United States and Canada it also applies to Products purchased by End Users from Avaya Channel Partners. It does not apply to Products acquired by End Users from Channel Partners outside of the United States and Canada where the warranty to the End User is provided by the Channel Partner and not by Avaya. 30.2 Standard Limited Warranty Period for Hardware Unless otherwise stated specifically by Avaya, the following periods apply: August 30, 2013 ©2013 Avaya Inc. Page 202 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1048 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions a) Twelve (12) months, beginning on the In-Service date, for Hardware purchased directly from and installed by Avaya. b) Twelve (12) months, beginning on the Delivery Date, for all other Hardware purchased directly from Avaya or a Channel Partner where Avaya does not install the Hardware. This includes Hardware purchased by Channel Partners for internal use. 30.3 Standard Limited Warranty Period for Software and Software Media Unless otherwise stated specifically by Avaya, the following periods apply: a) Ninety (90) days, beginning on the In-Service Date, for Software purchased directly from and installed by Avaya. b) Ninety (90) days, beginning on the Delivery Date, for all other Software purchased directly from Avaya or a Channel Partner where Avaya does not install the Software. This includes Software purchased by Channel Partners for internal use. 30.4 Select Product Lifetime Warranty Avaya offers a lifetime warranty for select Avaya Data Solutions Products, as specified at Avaya's support site ttp://downloads.avaya.co /css/P8/documents/100148612. The lifetime warranty begins on the Delivery Date and ends five (5)years after the Product's End of Sale date, as determined by Avaya. 30.5 Warranty Exclusions The warranties do not extend to any damages, malfunctions, or non-conformities caused by (i) use of the Products in violation of the license granted by Avaya or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) failure to follow installation, operation or maintenance instructions; (v) failure to permit Avaya timely access, remote or otherwise, to Products; or(vi) failure to implement all new updates to Software. An "Update" is a change in the Software that provides corrective content for maintenance purposes only. Updates are generally available to Products under warranty and to subscribers to Avaya's Product support or maintenance services. Warranties do not extend to Products that have been altered (including alteration of serial numbers), serviced or modified by a party other than Avaya or a third party specifically authorized by Avaya to provide the service or modification. 30.6 Products from Third Parties Avaya provides Third Party Products on an "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND unless Avaya specifies otherwise. However, such Third Party Products may carry their own warranties and Avaya shall pass through to End User any such warranties to the extent authorized. Exercise of such warranty shall be directly between End User and the third party provider. 30.7 Toll Fraud Avaya does not warrant that Products will prevent Toll Fraud. Prevention of Toll Fraud is the responsibility of End User. The term "Toll Fraud" refers to the unauthorized use of telecommunications services or facilities accessed through or connected to the Products. 30.8 Warranty Procedures and Remedies End Users who purchased the Product directly from Avaya should contact Avaya. End Users who purchased the Product from an authorized Avaya Channel Partner in the United States or Canada should contact the Channel Partner for assistance in making warranty claims to Avaya. If a Product is not in conformance with the warranty above and Avaya receives a written notice during the applicable warranty period describing in reasonable detail how the Product failed to be in conformance, and including evidence that the product is under warranty (i.e. a valid invoice, and in some cases this may also require Product registration with Avaya), Avaya at its option will: (i) repair or replace the Product to achieve conformance and return the Product; or(ii) refund the applicable fees upon return of the non-conforming August 30, 2013 ©2013 Avaya Inc. Page 203 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1049 q�f 21 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions Product to Avaya. For Software warranty, Avaya provides access to available software corrective content and product support knowledge base on a self-service basis. Replacement Hardware may be new, factory reconditioned, refurbished, re-manufactured or functionally equivalent and will be furnished only on an exchange basis. Returned Hardware that has been replaced by Avaya will become Avaya's property. Replacement Products are warranted as above for the remainder of the original applicable Product warranty period. THESE REMEDIES WILL BE END USER'S SOLE AND EXCLUSIVE REMEDIES AND WILL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES END USER MAY HAVE AGAINST AVAYA WITH RESPECT TO THE NONCONFORMANCE OF PRODUCTS. 30.9 Disclaimers EXCEPT AS REFERENCED AND LIMITED IN THIS DOCUMENT, NEITHER AVAYA NOR ITS LICENSORS OR SUPPLIERS MAKES ANY EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY PRODUCTS. AVAYA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS OR THAT THE PRODUCTS WILL PREVENT TOLL FRAUD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS DOCUMENT WILL BE END USER'S SOLE AND EXCLUSIVE REMEDIES. 30.10 General 30.10.1 This policy applies to all Products sold under the Avaya brand including heritage Nortel products, and combines and supersedes all earlier versions. 30.10.2 To the extent there is a conflict between this policy and an agreement between Avaya and the End User or Channel Partner, the terms of the agreement will prevail. 30.10.3 If any provision of this policy is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. 30.10.4 Avaya is not responsible for any warranty, support or maintenance commitments made by Channel Partners or other service providers. Avaya reserves the right to amend or change this policy at its sole discretion at any time, and this policy shall not be interpreted to create any contractual obligation by Avaya to provide support to any specific customer, Channel Partner or other service provider. 30.11 Definitions "Channel Partner" means a company authorized by Avaya to purchase or license Avaya Products or services and to resell them as so authorized. "Delivery Date" means the date on which Avaya or the Channel Partner, as the case may be, delivers the Products to End Users, or in the case of Software features that are enabled by license files, software activations or any other electronic means, "Delivery Date" means the date when the Product or Product features are enabled in Avaya's license management systems. "Documentation" means information published by Avaya in varying mediums which may include product information, operating instructions and performance specifications that Avaya generally makes available to users of its Products. Documentation does not include marketing materials. "End User" means a third party that purchases Products from Avaya or a Channel Partner in the United States or Canada for the internal use by such third party and not for resale or sublicense. "Hardware" means the standard hardware products that End User orders and Avaya delivers directly or through a Channel Partner in the United States or Canada. Hardware does not include any customized deliverables that Avaya creates specifically for End User. August 30, 2013 ©2013 Avaya Inc. Page 204 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1050 q�f 2'g 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions "In-Service Date" means the date of notification to End User that the Products are installed in good working order in accordance with applicable Documentation. "Product" means Hardware and Software, or any combination thereof. "Software" means the computer programs in object code form that End User orders and Avaya delivers directly or through a Channel Partner in the United States or Canada, whether as stand-alone products or pre-installed on Hardware. Software does not include any customized deliverables that Avaya creates specifically for End User. "Third Party Products" means any products manufactured by a party other than Avaya, and may include, without limitation, products ordered by End User from third parties pursuant to Avaya's recommendations. However, components of Avaya-branded Products are not Third Party Products if they are both: (i) embedded in Products (i.e., not recognizable as standalone items); and (ii) not identified as separate items on Avaya's price list, quotes, order specifications forms or Documentation. 30.11 More Information For additional information about Avaya Product Warranties please refer to the following website: ttps:Hsupport.avaya.co / eipcenter/ et eneric et ils?detailI =C2 9112 112 56651 010 30.12. Beta Software. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Avaya does not receive a license fee. All such software is provided AS IS without any warranty whatsoever. 31. ASSIGNMENT OF ANTITRUST RIGHTS Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. Contractor shall require any subcontractors hired to perform any of Contractor's obligations, under this Master Agreement or Participating Addendum, to irrevocably assign to a Participating Entity, as third party beneficiary, any right, title or interest that has accrued or which may accrue in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the subcontractor for the purpose of carrying out the subcontractor's obligations to the Contractor in pursuance of this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. Avaya Response: Understood. Reference RFP Section 7.2.8 for Avaya's request for exception, and Avaya respectfully requests that this section 31 (Assignment of Antitrust Rights) be deleted in its entirety. 32. WSCA-NASPO eMARKET CENTER Awarded responders are required to participate in the WSCA-NASPO eMarket Center and, working through WSCA-NASPO's contractor (SciQuest), connect with the eMarket Center. The ideal situation would be to use either a hosted (by SciQuest) or Punchout Level 2 catalog configurations, but actual requirements will be determined by the Lead State Contract Administrator, WSCA-NASPO, WSCA-NASPO's contractor August 30, 2013 ©2013 Avaya Inc. Page 20.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1051 q�f 2'g U State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions (SciQuest) and the awarded contractor, after award. Participation does not require an awarded responder to have any special level of technology or technological understanding. Avaya Response: Understood. Proposed CtuO : Please refer to RFP Section 7.2.5. Following is Avaya's requested exception to add a new Section 33 to the WSCA-NASPO Master Agreement Terms and Conditions, titled, Contractor's Maintenance/ Managed Services Terms: 33. Contractor Maintenance/Managed Services Terms These MAINTENANCE AND MANAGED SERVICES TERMS apply if and to the extent Authorized User acquires Maintenance/Managed Services. 33.1. order, provision and scope of Services 33.1.1 Order and Provision of Services. In return for the payment of the fees specified in the order, Contractor will provide the Maintenance/Managed Services options for Supported Products or Supported Systems at Supported Sites, as described further in this Attachment and the SAS or Service Description (for purposes of this Attachment, "Services"). The "Service Agreement Supplement" or"SAS" is the applicable Avaya Service Agreement Supplement then current as of the date of Contractor's acceptance of an order for Services and available to the Participating Entity upon request. The parties may execute a statement of work describing specific Services to be provided by Contractor("Statement of Work" or" SOW"). As used in this Attachment, "SAS" refers to the Service Agreement Supplement or Statement of Work, as applicable. "Supported Products" are: (i) hardware or Software Products identified in the order; and (ii) Added Products (defined in Section 1.8). Supported Products may include non-Avaya products to the extent they are specified in the order. "Supported Systems" are a group of products or networks specified in the order. "Supported Sites" are locations specified in the order. 33.1.2 Documents and Order of Precedence. Unless otherwise provided for in these Maintenance/Managed Services Terms, in the event of conflict among the General Terms, these Maintenance/Managed Services Terms; the SAS and any ancillary attachments to or documents referenced in the SAS, the order of precedence is: (i)these Maintenance/Managed Services Terms; (ii) the General Terms; (iii) SAS; and (iv) ancillary documents, except that in relation to limitations of liability, licensing provisions, intellectual property rights and intellectual property rights indemnification, the provisions contained in the General Terms will always take priority. 33.1.3 Monitoring. Contractor may electronically monitor Supported Products and Supported Systems for the following purposes: (i) remote diagnostics and corrective actions; (ii)to determine system configuration and applicable charges; (iii)to verify compliance with applicable Software license terms and restrictions; (iv)when providing managed Services, to assess Participating Entity needs for additional Products or Services; (v) as otherwise provided in the SAS. 33.1.4 Incident Correction. Some Services options may include correction of Incidents. An "Incident" means a failure of a Supported Product to conform in all material respects to the manufacturer's specifications that were currently applicable when the Supported Product was purchased or licensed. 33.1.5 Help Line Support. Where the selected Services option includes help line support, Contractor will provide it in accordance with the coverage option (service hours, target response intervals, etc.)that Participating Entity has selected. August 30, 2013 ©2013 Avaya Inc. Page 206 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1052 q�f 2'gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions 1 Exceptions 33.1.6 End of Support. Periodically, Contractor or a third party manufacturer may declare "end of life," "end of service," "end of support," "manufacture discontinue"or similar designation ("End of Support")for certain Supported Products. Participating Entity may access Contractor's user support website (www. support. vy .co )for End of Support notifications, and to register an e-mail address to receive e-mail notifications of the same, when published by Contractor. For Products subject to End of Support, Contractor will continue to provide the support described in the applicable SAS or Service Description, except for the End of Support exceptions listed therein ("Extended Support"). If the SAS or Service Description does not include Extended Support information, Contractor will make available the description of Extended Support (if available) for the Products concerned at the same time as its End of Support notification. For Products not subject to Extended Support, if Services are discontinued for a Supported Product, the Supported Product will be removed from the order and rates will be adjusted accordingly. 33.1.7 Replacement Hardware. Replacement hardware provided as part of Services may be new, factory reconditioned, refurbished, re-manufactured or functionally equivalent. It will be furnished only on an exchange basis. Returned hardware that has been replaced by Contractor will become Contractor's property. Title to Contractor-installed replacement hardware provided as part of Services will pass to Participating Entity when installed. Title to all other hardware provided as part of Services will pass to Participating Entity when it arrives at the Supported Site. 33.1.8 Added Products. If Participating Entity acquires additional Products of the same type and manufacturer(s) as the existing Supported Products and locates them with existing Supported Products at a Supported Site, they will be considered "Added Products", and will be added to the order automatically for the remainder of the term. Added Products purchased from a party other than the manufacturer or an authorized reseller are subject to certification by Contractor at Contractor's then current Services rates. If Added Products fail certification, Contractor may choose not to add them to the Supported Products. 33.1.9 General Limitations. Unless the SAS provides otherwise, Contractor will provide Software Services only for the unaltered current release of the Software and the prior release. The following items are included in the Services only if the SAS specifically includes them: (i) support of user-defined applications; (ii) support of Supported Products that have been modified by a party other than Contractor (except for installation of standard, self-installed updates provided by the manufacturer); (iii) making corrections to user-defined reports; (iv) data recovery services; (v) services associated with relocation of Supported Products; (vi) correction of Incidents arising from causes external to the Supported Products (such as power failures or surges); and (vii) services for Supported Products that have been misused, used in breach of their license restrictions, improperly installed or configured, or that have had their serial numbers altered, defaced or deleted 33.2 INVOICING AND PAYMENT Contractor will invoice Participating Entity for Services in advance unless another payment option is specified in the order or as otherwise specified in the SAS or Service Description. 33.3 Participating Entity RESPONSIBILITIES 33.3.1 General. Participating Entity will cooperate with Contractor as reasonably necessary for Contractor's performance of its obligations, such as: (i) providing Contractor with full, free and safe access to its facilities; (ii) providing telephone numbers, network addresses and passwords necessary for remote access; and (iii) providing interface information for Supported Products and necessary third party consents and licenses to access them. All items will be provided by Participating Entity at Participating Entity's expense. If Contractor provides an update or other new release of Software as part of the Services, Participating Entity will implement it promptly. 33.3.2 Provision of Supported Products and Systems. Except for Contractor hosted facilities identified in the SAS Participating Entity will provide all Supported Products, Supported Systems and Supported Sites. Participating Entity continuously represents and warrants that: (i) Participating Entity is either the owner of, or is authorized to access and use, each of them; and (ii) Contractor, its suppliers, and subcontractors are authorized to do the same to the extent necessary to provide the Services in a timely manner. August 30, 2013 ©2013 Avaya Inc. Page 207 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1053 q�f 2'gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions 33.3.3 Moves of Supported Products. Participating Entity will notify Contractor in advance before moving Supported Products. Contractor may charge additional amounts to recover additional costs in providing the Services as a result of moved Supported Products. 33.3.4 Vendor Management. Where Contractor is to instruct or request products or services on Participating Entity's behalf from third party vendors under Participating Entity's supply contracts with the third party vendors ("Vendor Management"), Participating Entity will provide Contractor upon request a letter of agency or similar document, in a form reasonably satisfactory to Contractor, permitting Contractor to perform the Vendor Management.Where the third party vendor's consent is required for Contractor to be able to perform Vendor Management in a timely manner, Participating Entity will obtain the written consent of the vendor and provide Contractor a copy of it upon request. 33.3.5 Third Party Hosting. In the event one or more network address(es) to be monitored by Contractor are associated with systems owned, managed, and/or hosted by a third party service provider("Host"), Participating Entity will: (i) notify Contractor of the Host prior to commencement of the Services; (ii) obtain the Host's advance written consent for Contractor to perform the Services on the Host's computer systems and provide Contractor with a copy of the consent upon request; and (iii) facilitate necessary communications between Contractor and the Host in connection with the Services. 33.3.6 Access to Personal Data. From time to time, Participating Entity may require Contractor to access a Supported Product or Supported System containing employee, customer or other individual's personal data (collectively, "Personal Data"). Where Participating Entity instructs Contractor to access any Personal Data or to provide Participating Entity or a third party identified by Participating Entity with access, Participating Entity will (i) notify all relevant employees and other individuals of the fact that Contractor will have access to such Personal Data in accordance with Participating Entity's instructions, and (ii) if permitted by law, indemnify Contractor and its officers, directors, employees, subcontractors and Affiliates against, and hold each of them harmless from, any and all liabilities, costs, damages,judgments and expenses (including reasonable attorney's fees and costs) arising out of Contractor accessing or providing access in accordance with Participating Entity's instructions. 33.4 SOFTWARE LICENSE Where Services include provision of patches, updates or feature upgrades for Supported Products ("New Software"), they will be provided subject to the license grant and restrictions contained in the original agreement under which Participating Entity licensed the original Software from Contractor.Where there is no existing license from Contractor, New Software will be provided subject to the manufacturer's then current license terms and restrictions for the New Software. New Software may include components provided by third party suppliers that are subject to their own end user license agreements. Participating Entity may install and use these components in accordance with the terms and conditions of the "shrinkwrap" or"clickthrough" end user license agreement accompanying them. 33.5 Warranty and limitation of liability 33.5.1 Warranty. Contractor warrants to Participating Entity that Services will be carried out in a professional and workmanlike manner by qualified personnel. 33.5.2 Remedy. If Services are not in conformance with the above warranty and Contractor receives Participating Entity's detailed request to cure a non-conformance within 30 days of its occurrence, Contractor will re-perform those Services. If Contractor fails to achieve such conformance within thirty (30) days of receiving Participating Entity's written notice, Participating Entity may cancel the applicable order with respect to future Services. Upon cancellation, Participating Entity will be entitled to receive a proportionate refund of any prepaid fees applicable to future Services. These remedies will be Participating Entity's sole and exclusive remedies and will be in lieu of any other rights or remedies Participating Entity may have against Contractor with respect to the non-conformance of Services. 33.5.3 Disclaimer. Services provided to enhance network security are not a guaranty against malicious code, deleterious routines, and other techniques and tools employed by computer"hackers" and other third parties to create security exposures. Neither Contractor nor its suppliers make any warranty, express August 30, 2013 ©2013 Avaya Inc. Page 208 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1054 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions or implied, that all security threats and vulnerabilities will be detected or that the Services will render an end user's network or particular network elements safe from intrusions and other security breaches. 33.6 TERM AND TERMINATION 33.6.1 Term. Unless a different term is mandated in the applicable SAS or Service Description, Contractor will provide Services for an initial term of one year. Unless otherwise specified in the SAS or Service Description, Participating Entity may terminate Services in whole or in part upon 30 days written notice subject to cancellation fees equal to Service fees for 12 months or the remaining term, whichever is less. 33.6.2. Termination Notice. Participating Entity's written notice of termination must be sent by: (i) letter via certified mail to the following address: Avaya Inc., Participating Entity Care Center , 14400 Hertz Quail Spring Pkwy, Oklahoma City, OK 73134 Attn: Maintenance Termination; (ii) email to ycontr ctg2y y .co ; or(iii)fax to 800-444-6371. 33.7 Participating Entity Responsibilities. Participating Entity will cooperate with Avaya as reasonably necessary, including as specified in this Agreement, for Avaya's delivery of Products and performance of Services in a timely manner. Participating Entity will provide Avaya with interface and other information regarding access to third party products in Participating Entity's network and necessary third party consents and licenses to enable Avaya's performance under the Agreement. Participating Entity is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and regularly backing up its data and files in accordance with good data retention and security practices. Participating Entity will reasonably use, safeguard and return to Avaya any items that Avaya loans or makes available to Participating Entity ("Avaya Tools")for the purpose of providing Services under this Agreement, such as, but not limited to, the Secure Intelligent Gateway. Participating Entity will be responsible for the custody and care of the Avaya Tools until returned to Avaya. Avaya Tools shall not be considered Products as that term is defined in these General Terms. If Participating Entity fails to meet its cooperation obligations under this Section or as otherwise provided in the Agreement, Avaya may delay or suspend its delivery of Products or performance of Services relating to Participating Entity's failure. BOOS CtION: Please refer to RFP Section 7.2.5. Following is Avaya's requested exceptions to add a new Section 34 to the WSCA-NASPO Master Agreement Terms and Conditions, titled, Contractor's Implementation and Professional Services Terms. 34. Contractor's Implementation and Professional Services Terms. These Implementation & Professional Services Terms apply if and to the extent Implementation & Professional Services are acquired under this Agreement. 34.1 SCOPE; order of precedence; CHANGES 34.1.1 Services Provided. Contractor will provide the Services described in this paragraph ("Implementation & Professional Services") as specified in an order and as may be further described in a Statement of Work executed by both parties ("SOW"). Implementation & Professional Services can include installation and configuration of Products, consulting and other services where Contractor creates and delivers customized Software, hardware, documentation, or other work product ("Deliverables") and/or completes other defined objectives ("Defined Objectives") on a milestone basis or on a time and material basis ("T&M Services", as further defined below). T&M Services are Implementation & Professional Services provided on a time and materials basis in exchange for hourly, daily or monthly fees and expense reimbursements calculated on the basis of Contractor service records. Deliverables do not include generally available hardware and Software and are not Products. To the extent an SOW August 30, 2013 ©2013 Avaya Inc. Page 209 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1055 q�f 2'gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions provides that Contractor will deliver Products, the terms for Supply of Generally Available Products will apply to those Products. Implementation & Professional Services do not include Maintenance Services or Managed Services. 34.1.2 Order of Precedence. Unless otherwise provided for in these Implementation & Professional Services Terms, in the event of conflict among the General Terms, these Implementation Services Terms, a SOW and any ancillary attachments to or documents referenced in an SOW, the order of precedence is: (i)these Implementation & Professional Services Terms; (ii)the General Terms; (iii) any SOW; and (iv) ancillary documents; except that in relation to limitations of liability, licensing provisions, intellectual property rights and intellectual property rights indemnification, the provisions contained in the General Terms will always take priority. 34.1.3 Changes. Changes in Implementation & Professional Services will be made in accordance with Contractor's change process defined in the SOW. 34.2 ACCEPTANCE 34.2.1 T&M Services. T&M Services are deemed accepted upon performance. 34.2.2 SOW without Acceptance Procedures. Where the SOW does not contain specific acceptance criteria and procedures ("Acceptance Procedures"), Implementation & Professional Services are deemed accepted upon the earlier of either: (i) Contractor providing notice of completion to Participating Entity; or (ii) production use of Deliverables or installed Products. 34.2.3 SOW with Acceptance Procedures. Where the SOW contains Acceptance Procedures, the Deliverable or Defined Objective is deemed accepted upon the earlier of either: (i)the end of the acceptance period defined in the Acceptance Procedures, unless Contractor has received from Participating Entity a rejection notice indicating in reasonable detail the material failure of the Deliverable or Defined Objective to conform to the criteria in the Acceptance Procedures ("Rejection Notice"); or (ii) production use (except to the extent production use is included in the Acceptance Procedures). If the Deliverable or Defined Objective fails to conform to the criteria in the Acceptance Procedures and Contractor has received a timely Rejection Notice, then Contractor will re-perform the respective Defined Objective and re-submit the Deliverable or Defined Objective for acceptance as described above. If, after resubmission, Participating Entity provides another Rejection Notice, then Participating Entity's remedies will be either to: (a)terminate the SOW, return all Deliverables and receive a refund of fees paid under the SOW; or(b) accept the Deliverable or Defined Objective subject to the warranties and remedies described in Section 5. 34.3 Transfer of risk,title; license to deliverables 34.3.1 Transfer of Risk and Title. Title to hardware components of Deliverables will pass to Participating Entity upon acceptance. Risk of loss will pass to Participating Entity when the carrier receives the Deliverable for shipment to Participating Entity or when the Deliverable arrives on Participating Entity's premises, whichever occurs earlier. 34.3.2 Participating Entity's License to Deliverables. Subject to Participating Entity's payment of fees for the Services, Contractor grants Participating Entity a non-exclusive, non-transferable, limited, non- sublicenseable license to use Deliverables created by Contractor and delivered to Participating Entity. Software contained in Deliverables will be licensed subject to the Global Software License Terms contained in Schedule A of the Agreement. 34.4 invoicing and payment 34.4.1 Unless otherwise provided in a valid Contractor quotation, proposal or SOW, Contractor will invoice Participating Entity for Products and Services included in a SOW(excluding any Services to be billed monthly or Custom Application Support Services) as follows: 34.4.1.1 Where the total fees exceed $100,000, 50% of the total project value invoiced upon shipment of the Products and the remaining fees invoiced on the In-Service Date; August 30, 2013 ©2013 Avaya Inc. Page 210 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1056 q�f 21 gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions 34.4.1.2 Where the total fees are less than $100,000, as of the effective date of the SOW, the total project value invoiced on the In-Service Date. 34.4.2 For Services-only orders: (i)for Implementation & Professional Services other than T&M Services, invoiced on completion of the Services, or(ii) for T&M Services, invoiced monthly in arrears. 34.5 Warranty 34.5.1 Warranty Period. The warranty period for Implementation & Professional Services and Deliverables will be 30 days beginning on the acceptance or deemed acceptance date of the Deliverables or the Defined Objective (the "Warranty Period"). 34.5.2 Warranty. During the Warranty Period, Contractor warrants to Participating Entity that (i) Implementation & Professional Services will be carried out in a professional and workmanlike manner by qualified personnel; and (ii) Deliverables will conform in all material respects to the specifications contained in the SOW. However, Contractor does not warrant that Software contained in the Deliverables will perform uninterrupted or error-free. 34.5.3 Remedies. 34.5.3.1 Implementation & Professional Services. To the extent that Contractor has not performed Implementation & Professional Services in accordance with the above warranty ("Non Conformity") and Contractor receives written notice from Participating Entity within the Warranty Period that identifies the Non-Conformity in reasonable detail and requests Contractor cure the Non-Conformity, Contractor will re- perform the applicable Services or if Contractor determines that re-performance is not commercially reasonable, either(i) refund to Participating Entity the fees for the Non-Conforming Implementation & Professional Services; or(ii) in the case of T&M Services, Participating Entity may cancel the affected T&M Services, subject to payment of fees for T&M Services already performed. 34.5.3.2 Deliverables from Implementation & Professional Services. If Contractor receives from Participating Entity within the Warranty Period a written notice describing in reasonable detail how the Deliverables failed to be in conformance with the above warranty, Contractor will, at its option, repair or replace the non-conforming Deliverables, or refund to Participating Entity the applicable fees upon return of the non-conforming Deliverables. 34.5.3.3 Exclusive Remedies. THE REMEDIES SET FORTH IN THIS SECTION 5.3 WILL BE PARTICIPATING ENTITY'S SOLE AND EXCLUSIVE REMEDIES AND WILL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES PARTICIPATING ENTITY MAY HAVE AGAINST CONTRACTOR WITH RESPECT TO THE NON-CONFORMANCE OF IMPLEMENTATION & PROFESSIONAL SERVICES AND DELIVERABLES. 34.5.4 Disclaimer. Services provided to enhance network security are not a guaranty against malicious code, deleterious routines, and other techniques and tools employed by computer"hackers" and other third parties to create security exposures. Neither Contractor nor its suppliers make any warranty, express or implied, that all security threats and vulnerabilities will be detected or that the Services will render an end user's network or particular network elements safe from intrusions and other security breaches. 34.6 TERM AND TERMINATION 34.6.1 Term. The term of a SOW will begin on the date specified in the SOW or order if any, or on the date executed by the last party to sign the SOW. The term of the SOW will continue until the work is completed or the SOW is terminated earlier in accordance with this Section. 34.6.2 Termination. Unless otherwise provided in the SOW, either party may terminate Implementation & Professional Services upon 45 days prior written notice, and Participating Entity will pay for Services performed to the date of termination and all non-refundable or non-terminable out-of-pocket expenses Contractor incurred 34.7 Participating Entity Responsibilities. Participating Entity will cooperate with Contractor as reasonably necessary, including as specified in this Agreement, for Contractor's delivery of Products and August 30, 2013 ©2013 Avaya Inc. Page 211 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1057 q�f 2'17,12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions performance of Services in a timely manner. Participating Entity will provide Contractor with interface and other information regarding access to third party products in Participating Entity's network and necessary third party consents and licenses to enable Contractor's performance under the Agreement. Participating Entity is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and regularly backing up its data and files in accordance with good data retention and security practices. Participating Entity will reasonably use, safeguard and return to Contractor any items that Contractor loans or makes available to Participating Entity ("Contractor Tools") for the purpose of providing Services under this Agreement, such as, but not limited to, the Secure Intelligent Gateway. Participating Entity will be responsible for the custody and care of the Contractor Tools until returned to Contractor. Contractor Tools shall not be considered Products as that term is defined in these General Terms. If Participating Entity fails to meet its cooperation obligations under this Section or as otherwise provided in the Agreement, Contractor may delay or suspend its delivery of Products or performance of Services relating to Participating Entity's failure. Definitions Acceptance -means a written notice from a purchasing entity to contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a product for which acceptance testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the product, unless the Purchasing Entity provides a written notice of rejection to contractor. Acceptance Testing -means the process for ascertaining that the Product meets the standards set forth in the section titled Standard of Performance and Acceptance, prior to Acceptance by the Purchasing Entity. Contractor- means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Intellectual Property—means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State - means the State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Master Agreement— means the underlying agreement executed by and between the Lead State, as WSCA-NASPO contract administrator, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended. Order-means any purchase order, sales order, or other document used by a Participating Entity to order the Products. Participating Addendum -means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements ,e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity-means a state, or other legal entity, properly authorized by a state to enter into the Master Agreement or Participating Addendum or who is authorized to order under the Master Agreement or Participating Addendum. Product-Any equipment, software (including embedded software), documentation, or deliverable supplied or created by the Contractor pursuant to this Master Agreement. WSCA-NASPO -is a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.)for all states and the District of Columbia. WSCA-NASPO August 30, 2013 ©2013 Avaya Inc. Page 212 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1058 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Section 7—Master Agreement Terms and Conditions/Exceptions is a cooperative purchasing arm of the National Association of State Procurement Officials (NASPO). Avaya Response: Understood. Avaya proposes the following new definition for Acceptance Testing: Acceptance Test means successful completion of the acceptance procedures set out pursuant to WSCA- NASPO Master Terms and Conditions Section 34. Additional Definitions and Alternative Terms for Consideration Below are additional definitions and alternative terms for consideration by the sourcing teams depending upon the nature of the solicitation and negotiations between the Contractor and Vendor. Embedded Software -means one or more software applications which permanently reside on a computing device. Machine Code—means microcode, basic input/output system code, utility programs, device drivers, diagnostics, and another code delivered with a computing device for the purpose of enabling the function of the computing device, as stated in its published specifications. Avaya Response: Understood. August 30, 2013 ©2013 Avaya Inc. Page 213 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1059 q�f 2137 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions ATTACHMENT STATE OF UTAH STANDARD INFORMATION TECHNOLOGY TERMS AND CONDITIONS (FOR WSCA CONTRACTS and DTS RELATED CONTRACTS) Avaya Response: It is anticipated that Attachment A will be incorporated into a Participation addendum between State of Utah and Contractor. 1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63G-6, Utah Code Annotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved purchases for the State. Avaya Response: Understood. 2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. Avaya Response: Understood. 3. LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. Avaya Response: Understood. 4. RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records shall be retained by the Contractor for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The Contractor agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. Avaya Response: Understood. August 30, 2013 ©2013 Avaya Inc. Page 214 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1060 q�f 2'g 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions 5. CERTIFY REGISTRATION AND USE OF EMPLOYMENT"STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to Invitation for Bids or to the Multi-Step Process. 1. Status Verification System (1) Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302. (2) The Contractor shall require that the following provision be placed in each subcontract at every tier: "The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work." (3) The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section. (4) Manually or electronically signing the Proposal is deemed the Contractor's certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G- 12-302. 2. Indemnity Clause for Status Verification System (1) Contractor(includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or(c) any entity or person for whom the Contractor or Subcontractor may be liable. (2) Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify the State in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier. Avaya es once: Understood. 6. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the State of Utah, unless disclosure has been made in accordance with 67-16-8, Utah Code Annotated, 1953, as amended. August 30, 2013 ©2013 Avaya Inc. Page 21.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1061 q�f 2'q U State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions Avaya s once Understood. 7. CONFLICT OF INTEREST WITH STATE EMPLOYEES: In addition to the provisions of State of Utah Terms and Conditions#6, Conflict of Interest, the Contractor certifies that no person in the State's employment, directly or through subcontract, will receive any private financial interest, direct or indirect, in the contract. The Contractor will not hire or subcontract with any person having such conflicting interest. Avaya esponse: Understood. 8. CONTRACTOR ACCESS TO SECURE STATE FACILITIES/CRIMINAL CONVICTION INFORMATION/FORMER FELONS: The Contractor shall provide (at its own expense) the State with sufficient personal information about its agents or employees, and the agents and employees of its subcontractors (if any)who will enter upon secure premises controlled, held, leased, or occupied by the State during the course of performing this contract so as to facilitate a criminal record check, at State expense. "Sufficient personal information" about its agents or employees, and the agents and employees of its subcontractors (if any) means for the Contractor to provide to the State Project Manager, in advance of any on-site work, a list of the full names of the designated employees, including their social security number, driver license number and the state of issuance, and their birth date. Thereafter, on their first site visit, each contractor employee expected to work on-site shall be fingerprinted by the State, and the State is authorized to conduct a federal criminal background check based upon those fingerprints and personal information provided. Contractor, in executing any duty or exercising any right under this contract, shall not cause or permit any of its agents or employees, and the agents and employees of its subcontractors (if any) who have been convicted of a felony and misdemeanors other than minor misdemeanors to enter upon any premises controlled, held, leased, or occupied by the State. A felony and misdemeanor are defined by the jurisdiction of the State of Utah, regardless of where the conviction occurred. Avaya esponse: Understood. 9. DRUG-FREE WORKPLACE: The Contractor agrees to abide by the Department of Technology Services (DTS) drug-free workplace policies while on State of Utah premises. DTS will provide the Contractor with a copy of these written "drug-free workplace policies" upon request. Avaya esponse: Understood. 10. CODE OF CONDUCT:When Contractor employees are working on-site, the Contractor agrees to follow and enforce DTS Policy 2000-001 Code of Conduct. If Contractor is working at facilities controlled by other State agencies, Contractor agrees to follow and enforce the Code of Conduct Policy of these other State agencies when Contractor is providing services at these facilities under provisions of this contract. The Contractor will assure that each employee or volunteer under Contractor's supervision receives a copy of such Code of Conduct, and a signed statement to this effect must be in each Contractor or Subcontractor employee's/volunteer's file August 30, 2013 ©2013 Avaya Inc. Page 216 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1062 q�f 2'gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions and is subject to inspection and review by the State's monitors. Upon request, DTS agrees to provide Contractor with a copy of any applicable codes of conduct. If a Contractor or Subcontractor is working at any State agency which has a Code of Conduct applicable to this Contract, the DTS Project Manager will provide the Contractor with a copy in advance of the Contractor's on-site contract services performance. Avaya es once: Understood. 11. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. The parties agree that if there are any Limitations of the Contractor's Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property. Avaya es once: Understood. Reference RFP Section 7.2.7 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's response to the WSCA-NASPO Master Agreement Terms and Conditions, Section 15.2 (General Indemnity) supersedes this Section 11 (Indemnity Clause) of the State of Utah Standard Information Technology Terms and Conditions. 12. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the work place. Avaya es once: Understood. 13. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. In the event of such termination, and professional services apply to the contract; the Contractor shall be compensated for services properly performed under this Contract up to the effective date of the notice of termination. The Contractor agrees that in the event of such termination for cause August 30, 2013 ©2013 Avaya Inc. Page 217 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1063 q�f 2'gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions or without cause, Contractor's sole remedy and monetary recovery from the State is limited to full payment for all work properly performed as authorized under this Contract up to the date of termination as well as any reasonable monies owed as a result of the Contractor having to terminate contracts necessarily and appropriately entered into by the Contractor pursuant to this Contract. Contractor further acknowledges that in the event of such termination, all work product, which includes but is not limited to all manuals, forms, contracts, schedules, reports, and any and all documents produced by Contractor under this Contract up to the date of termination are the property of the State and shall be promptly delivered to the State. Avaya es once: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's response to the WSCA-NASPO Master Agreement Terms and Conditions, Section 7.2 (Default and Remedies for Participating Addendums) replaces the first paragraph of State of Utah Standard Information Technology Terms and Conditions Section 13 (Termination). 14. SUSPENSION OF WORK: Should circumstances arise which would cause the State to suspend the work, but not terminate the contract,this will be done by formal notice. The work may be reinstated upon advance formal notice from the State. Avaya es once: Understood. 15. NONAPPROPRIATION OF FUNDS: The Contractor acknowledges that the State cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Governor, or is required by State law, or if federal funding (when applicable) is not provided, the State may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice. In the case that funds are not appropriated or are reduced, the State will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated damages. Avaya es once: Understood. 16. SALES TAX EXEMPTION: The State of Utah's sales and use tax exemption number is 11736850-010-STC, located at http://purchasing.utah.gov/contract/documents/salestaxexemptionformsigned.pdf. The tangible personal property or services being purchased are being paid from State funds and used in the exercise of that entity's essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract. Avaya es once: Understood. 17. SECURE PROTECTION AND HANDLING OF DATA: 1. Network Security: Contractor agrees at all times to maintain network security that -at a minimum -includes: network firewall provisioning, intrusion detection, and regular third party August 30, 2013 ©2013 Avaya Inc. Page 218 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1064 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions penetration testing. Likewise Contractor agrees to maintain network security that conforms to one of the following: a. Those standards the State of Utah applies to its own network, found at http://www.dts.utah.gov; b. Current standards set forth and maintained by the National Institute of Standards and Technology, includes those at: http://web.nvd.nist.gov/view/ncp/repository/; or C. Any generally recognized comparable standard that Contractor then applies to its own network and approved by DTS in writing. 2. Data security: Contractor agrees to protect and maintain the security of the State of Utah data with protection that is at least as good as or better than that maintained by the State of Utah. These security measures included but are not limited to maintaining secure environments that are patched and up to date with all appropriate security updates as designated, (ex. Microsoft Notification). 3. Data Transmission: Contractor agrees that any and all transmission or exchange of system application data with the State of Utah and/or any other parties expressly designated by the State of Utah, shall take place via secure means, (ex. HTTPS or FTPS). 4. Data Storage: Contractor agrees that any and all State of Utah data will be stored, processed, and maintained solely on designated target servers approved of by DTS and that no State of Utah data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, unless such medium is part of the Contractor's designated backup and recovery process. 5. Data Encryption: Contractor agrees to store all State of Utah backup data as part of its designated backup and recovery process in encrypted form, using no less than 128 bit key. 6. Password Protection. Contractor agrees that any portable or laptop computer that has access to a State of Utah network, or stores any non-public State of Utah data is equipped with strong and secure password protection. 7. Data Re-Use: Contractor agrees that any and all data exchanged shall be used expressly and solely for the purpose enumerated in this Contract. Contractor further agrees that no State of Utah data of any kind shall be transmitted, exchanged or otherwise passed to other Contractors or interested parties except on a case-by-case basis as specifically agreed to in writing by DTS. 8. Data Destruction: The Contractor agrees that upon termination of this Agreement it shall erase, destroy, and render unreadable all State of Utah data from all non-state computer systems and backups, and certify in writing that these actions have been completed within 30 days of the termination of this Agreement or within 7 days of the request of DTS, whichever shall come first. Avaya esponse: Understood. Avaya submits a request that application of Section 17 (Secure Protection and Handling of Data) would be evaluated on an opportunity by opportunity basis. 18. NOTIFICATION AND DATA BREACHES: Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of unauthorized release of personally-identifiable information or other events requiring notification in accordance with DTS Policy 5000-1250-PR1 Computer Incident Reporting Procedure (copy available upon request). In the event of a data breach of any Contractor's security obligations or other event requiring notification under applicable law (Utah Code Annotated § 13-44-101 thru 301 et al), Contractor agrees at its own expense to assume responsibility for informing all such individuals in accordance with applicable laws and to indemnify, hold harmless and defend the State of Utah against any claims, damages, or other harm related to such Notification Event. August 30, 2013 ©2013 Avaya Inc. Page 219 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1065 q�f 2'gl2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions Avaya s once Understood. Avaya submits a request that Section 18 (Notification and Data Breaches) be evaluated on an opportunity by opportunity basis. 19. CHANGE MANAGEMENT: Contractor agrees to comply with DTS Change Management Policy 4000-0004. This DTS policy requires that any work performed by the Contractor that has the potential to cause any form of outage, or modify the State's infrastructure architecture must first be reviewed by the DTS Change Management Committee, and coordinated accordingly. The DTS Project Manager will inform the Contractor if this change control requirement is applicable. Following this notification, any failure by the Contractor that causes outages or data security breaches caused by the Contractor as a direct result of failure to comply, will result in the Contractor's liability for the damages. For reference purposes, the latest version of DTS Change Management Policy 4000- 0004 is detailed at http://dts.utah.gov/policies/documents/4000- 0004changemanagementpolicy.pdf. Avaya esponse: Understood. Avaya submits a request that application of Section 19 (Change Management) be evaluated on an opportunity by opportunity basis. 20. PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be available for distribution. Contractor gives the State express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, Contractor also agrees that the Contractor's response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation. Avaya esponse: Understood. 21. CREDITING STATE IN ADVERTISING/PUBLICITY: Any publicity given to the project or services provided herein shall identify the State of Utah's managing agency as the sponsoring agency and shall not be released without prior written approval by that State agency's Project Manager. Avaya esponse: Understood. 22. STATE AGENCY WEB SITE BRANDING: The Contractor agrees to use the DTS logo, or a newer version if replaced in the future, on websites produced under terms of this contract. Contractor further agrees to allow a State agency to also utilize their own web site branding and logo, if requested by that State agency. Avaya esponse: Understood. August 30, 2013 ©2013 Avaya Inc. Page 220 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1066 q�f 21312 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions 23. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or the agency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the State will be those prices listed in the contract. The State has the right to adjust or return any invoice reflecting incorrect pricing. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Section 23 (Ordering and Invoicing) above, be replaced with the following: 23. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the mutually agreed upon delivery schedule. The Contractor will promptly submit invoices (usually within 30 days of shipment or delivery of services) to the State. Contractor or each Fulfillment Partner shall utilize its standard method for generating acknowledgments, shipping labels, packing slips, invoices, and correspondence The prices paid by the State will be those prices listed in the contract. The State has the right to dispute any invoice reflecting incorrect pricing 24. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon early payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms on invoices. The prompt payment discount will apply to payments made with purchasing cards and checks. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise. Avaya esponse: Understood. 25. PAYMENT: 1. Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate State official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6-3. The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue. 2. The contract total may be changed only by written amendment executed by authorized personnel of the parties. Unless otherwise stated in the Contract, all payments to the Contractor will be remitted by mail, electronic funds transfer, or the State of Utah's purchasing card (major credit card). The State of Utah will not allow the Contractor to charge end users electronic payment fees of any kind. 3. The acceptance by the Contractor of final payment without a written protest filed with the State within ten (10) working days of receipt of final payment shall release the State from all claims and all liability to the Contractor for fees and costs of the performance of the services pursuant to this Contract. 4. Overpayment: The Contractor agrees that if during or subsequent to the contract performance, a CPA audit, or a State agency audit determines that payments were incorrectly reported or paid the State may adjust the payments. The Contractor shall, upon written request, August 30, 2013 ©2013 Avaya Inc. Page 221 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1067 q�f 2'4712 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions immediately refund to DTS any such overpayments. The Contractor further agrees that the State shall have the right to withhold any or all-subsequent payments under this or other contracts that the Contractor may have with the State until recoupment of overpayment is made. 5. Payment withholding: the Contractor agrees that the adequate reporting, record keeping, and compliance requirements specified in this contract are a material element of performance and that if the Contractor's record keeping practices, compliance, and/or reporting to DTS are not conducted in a timely and satisfactory manner, DTS may withhold part or all payments under this or any other contract until such deficiencies have been remedied. This includes, but is not limited to, Contractors failure to provide timely invoicing, and/or other requirements described elsewhere within this contract. In the event of the payment(s) being withheld, DTS agrees to provide ten (10) day advance Notice to the Contractor of the deficiencies that must be corrected in order to bring about the release of withheld payment. Contractor shall have ten (10) days thereafter to correct the cited reporting or record keeping practice deficiencies or the contract may be terminated. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Section 25 (Payment), Subsection.1, be modified to replace the first sentence with the following: 1. Payments are due within 30 days from the date of Contractor's undisputed invoice. After 60 days from the date of a correct invoice, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6- 3. The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue. In addition, Avaya respectfully requests that Section 25 (Payment), Subsection.5 (Payment withholding) be deleted and replaced with the following. 5 Payment withholding: While disputed amounts may be subtracted from amounts due, disputes will not be a basis for withholding payment of any undisputed amounts due under the Agreement or offsetting other amounts due whether or not the disputed item is on the same order or invoice, nor will any amount be retained in anticipation of a dispute for which notice has not been received: 26. COPYRIGHT: The contractor agrees that any and all Deliverables prepared for the State of Utah as required by this contract, to the extent to which it is eligible under copyright law in any country, shall be deemed a work made for hire, such that all rights, title and interest in the work and Deliverables shall be exclusively owned by the State of Utah. State of Utah reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal or State Government purposes, such software, modifications and documentation. To the extent any Deliverable is deemed not to be, for any reason whatsoever, work made for hire, Contractor agrees to assign and hereby assigns all right title and interest, including but not limited to copyright patent, trademark and trade secret, to such Deliverables, and all extensions and renewals thereof, to the State of Utah. Contractor further agrees to provide all assistance reasonably requested by the State of Utah in the establishment, preservation, and enforcement of its rights in such Deliverables, without any additional compensation to Contractor. Contractor agrees to and hereby, to the extent permissible, waives all legal and equitable rights relating to the Deliverables, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. Avaya esponse: August 30, 2013 ©2013 Avaya Inc. Page 222 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1068 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions Understood. Avaya Respectfully requests the deletion of Section 26 (Copyright). In the type of engagement contemplated by this contract, Avaya does not perform on a work-for-hire basis. Reference RFP Section 7.2.6 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, see Section 17.2 (Intellectual Property Rights) supersedes this Section 26 (Copyright) of the State of Utah Standard Information Technology Terms and Conditions. 27. OWNERSHIP, PROTECTION AND USE OF RECORDS: Except for confidential medical records held by direct care providers, the State shall own exclusive title to all information gathered, reports developed, and conclusions reached in performance of this Contract. The Contractor may not use, except in meeting its obligations under this contract, information gathered, reports developed, or conclusions reached in performance of this Contract without the express written consent of the State. The improper use or disclosure of any information concerning a State of Utah client, or a State of Utah employee for any purpose not directly connected with the administration of the State, or the Contractor's responsibilities with respect to services purchased under this agreement, is prohibited except on written consent of the state agency employee, state agency client, their attorney, or their responsible parent or guardian. The Contractor will be required to sign a Confidential Information Certification form in situations where they will be given access to confidential computerized records. The Contractor agrees to maintain the confidentiality of records it holds as agent for the State as required by Government Records Access and Management Act ("GRAMA"), or other applicable federal or state law. The State of Utah shall own and retain unlimited rights to use, disclose, or duplicate all information and data (copyrighted or otherwise) developed, derived, documented, stored, or furnished by the Contractor under the Contract. The Contractor, and any subcontractors under its control, expressly agrees not to use confidential client, or confidential federal, state, or local government data, without prior written permission from the State of Utah Project Manager and appropriate officials of the State Agency. Avaya es once: Understood. Reference RFP Section 7.2.6 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions Section 17.2 (Intellectual Property Rights) supersedes this Section 27 (Ownership, Protection and Use of Records) of the State of Utah Standard Information Technology Terms and Conditions. 28. OWNERSHIP, PROTECTION,AND USE OF CONFIDENTIAL FEDERAL, STATE, OR LOCAL GOVERNMENT INTERNAL BUSINESS PROCESSES AND PROCEDURES: The improper use or disclosure by any party of protected internal Federal or State business processes, polices, procedures, or practices is prohibited. Confidential federal or state business processes, policies, procedures, or practices shall not be divulged by the Contractor, Contractor's employees, or their Subcontractors, unless prior written consent has been obtained in advance from the State of Utah Project Manager. Avaya es once: Understood. Reference RFP Section 7.2.6 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, see Section 17.2 (Intellectual Property Rights) supersedes this Section 28 (Ownership, Protection, and use of Confidential Federal State, or Local Government Internal Business Processes and Procedures) of the State of Utah Standard Information Technology Terms and Conditions. 29. OWNERSHIP, PROTECTION,AND RETURN OF DOCUMENTS AND DATA UPON CONTRACT TERMINATION OR COMPLETION: All documents and data pertaining to work August 30, 2013 ©2013 Avaya Inc. Page 223 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1069 q�f 2'1�T12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions required by this contract will be the property of the State and must be delivered to the State within 30 working days after termination or completion of the contract, regardless of the reason for contract termination, and without restriction or limitation to their future use. Any State data that may be returned under provisions of this clause must either be in the format as originally provided, or in a format that is readily usable by the State or that can be formatted in a way that it can be used. Costs for all of these described items will be considered as included in the basic contract compensation of the work described used by the State. Avaya esponse: Understood. Reference RFP Section 7.2.6 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, see Section 17.2 (Intellectual Property Rights) supersedes this Section 29 (Ownership, Protection, and return of Documents and Data Upon Contract Termination or Completion) of the State of Utah Standard Information Technology Terms and Conditions. 30. CONFIDENTIALITY: Contractor, and anyone for whom the Contractor may be liable, must maintain the confidentiality of any non-public personal information. Personal information includes, but is not limited to, names, social security numbers, birth dates, address, credit card numbers and financial account numbers. The State reserves the right to identify additional reasonable types or categories of information that must be kept confidential by the Contractor and anyone for whom the Contractor may be liable. This duty of confidentiality shall be ongoing and survive the term of this contract. Avaya esponse: Understood. However, Avaya proposes that this section 30 (Confidentiality) will not apply in general, but will be evaluated on an opportunity by opportunity basis. 31. TERMINATION UPON DEFAULT: In the event this contract is terminated as a result of a default by the Contractor, the State may procure or otherwise obtain, upon such terms and conditions as the State deems appropriate, services similar to those terminated, and Contractor shall be liable to the State for any and all damages arising there from, including, but not limited to, attorneys' fees and excess costs incurred by the State in obtaining similar services. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, see Section 7.1 (Defaults and Remedies) supersedes this Section 31 (Termination Upon Default) of the State of Utah Standard Information Technology Terms and Conditions 32. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G-6-1002, Utah Code Annotated, 1953, as amended). Avaya esponse: Understood. August 30, 2013 ©2013 Avaya Inc. Page 224 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1070 q�f 2'V1 2 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions 33. WORKERS' COMPENSATION: The Contractor shall furnish proof to the State, upon request and maintain during the life of this contract, workers' compensation insurance for all its employees as well as any subcontractor employees related to this contract. Avaya es once: Understood. 34. LIABILITY INSURANCE: The Contractor agrees to provide and to maintain during the performance of the contract, at its sole expense, a policy of liability insurance. The limits of the policy shall be no less than $1,000,000.00 for each occurrence and $3,000,000.00 aggregate. It shall be the responsibility of the Contractor to require any of their Subcontractor(s) to secure the same insurance coverage as prescribed herein for the Contractor. Avaya es once: Understood. See also Avaya's response to Section 15 of WSCA-NASPO Master Agreement Terms and Conditions 35. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related State Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor's work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. Avaya es once: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, see Section 1 (Order of Precedence) supersedes this Section 35 (Entire Agreement) of the State of Utah Standard Information Technology Terms and Conditions 36. SURVIVORSHIP: This paragraph defines the specific contractual provisions that will remain in effect after the completion of or termination of this contract, for whatever reason: (a) State of Utah Standard IT Terms and Conditions#2, Contract Jurisdiction, Choice of Law, and Venue; (b) State of Utah Standard IT Terms and Conditions# 17, Secure Protection and Handling of Data; (c) State of Utah Standard IT Terms and Conditions# 18, Notification and Data Breaches; (d) State of Utah Standard IT Terms and Conditions#26, Copyright; (e) State of Utah Standard IT Terms and Conditions#27, Ownership, Protection, and Use of Records, including Residuals of such records; and (f) State of Utah Standard IT Terms and Conditions#28, Ownership, Protection, and Use of Confidential Federal, State, or Local Government Internal Business Processes, including Residuals of such confidential business processes; (g) State of Utah Standard IT Terms and Conditions#29, Ownership, Protection, and Return of Documents and Data Upon Contract Termination or Completion; and (h) State of Utah Standard IT Terms and Conditions#30, Confidentiality. August 30, 2013 ©2013 Avaya Inc. Page 22.5 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1071 q�f 2'V 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions Avaya s once Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully submits that the above section 36 is subject to Avaya's requested changes herein. Also, Avaya submits for inclusion in above, Sections of the WSCA-NASPO Master Agreement Terms and Conditions, including but not limited to, Section 5 (Confidentiality, Non-Disclosure and Injunctive Relief), Section 16 (Laws and Regulations), and Section 17 (License of Pre-Existing Intellectual Property. 37. WAIVER: The waiver by either party of any provision, term, covenant or condition of this Contract shall not be deemed to be a waiver of any other provision, term, covenant or condition of this Contract nor any subsequent breach of the same or any other provision, term, covenant or condition of this Contract. If professional services are applicable to this solicitation/contract, the following terms and conditions apply: Avaya es once: Understood. 38. TIME: The Contractor shall complete the scope of services work in a manner to achieve any milestones identified in the procurement documents related to this Contract and the attachments to this Contract. The full scope of services work shall be completed by any applicable deadline stated in the solicitation. Avaya es once: Understood. 39. TIME IS OF THE ESSENCE: For all work and services under this Contract, time is of the essence and Contractor shall be liable for all damages to the State of Utah and anyone for whom the State of Utah may be liable, as a result of the failure to timely complete the scope of work required under this Contract. Avaya es once: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Section 39 (Time is of the Essence), above, be deleted and replaced with the following: 39. TIME IS OF THE ESSENCE: For all work and services under this Contract, time is of the essence. 40. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by duly authorized representatives of both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services. Avaya es once: Understood. 41. PERFORMANCE EVALUATION: The State of Utah may conduct a performance evaluation of the Contractor's services, including specific personnel of the Contractor. References in the Contract to Contractor shall include Contractor, Contractor's subcontractors, or August 30, 2013 ©2013 Avaya Inc. Page 226 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1072 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions subconsultants at any tier, if any. Results of any evaluation will be made available to the Contractor. Avaya esponse: Understood. 42. WAIVERS: No waiver by the State or Contractor of any default shall constitute a waiver of the same default at a later time or of a different default. Avaya esponse: Understood. 43. INSURANCE: 1. To protect against liability, loss and/or expense in connection with the performance of services described under this Contract,the Contractor shall obtain and maintain in force during the entire period of this Contract without interruption, at its own expense, insurance as listed below from insurance companies authorized to do business in the State of Utah and with an A.M. Best rating as approved by the State of Utah Division of Risk Management. 2. The following are minimum coverages that may be supplemented by additional requirements contained in the solicitation for this Contract or provided in an Attachment to this Contract; if no insurance limits are identified in the solicitation, insurance minimums will default to Section 44. Liability Insurance Requirements: (1) Worker's Compensation Insurance and Employers' Liability Insurance. Worker's compensation insurance shall cover full liability under the worker's compensation laws of the jurisdiction in which the service is performed at the statutory limits required by said jurisdiction. (2) Professional liability insurance in the amount as described in the solicitation for this Contract, if applicable. (3) Any other insurance described in the solicitation for this Contract, if applicable. 3. Any type of insurance or any increase of limits of liability not described in this Contract which the Contractor requires for its own protection or on account of any statute, rule, or regulation shall be its own responsibility, and shall be provided at Contractor's own expense. 4. The carrying of insurance required by this Contract shall not be interpreted as relieving the Contractor of any other responsibility or liability under this Contract or any applicable law, statute, rule, regulation, or order. Avaya esponse: Understood. Avaya submits that the limits set out in RFP 3.1.3, as it pertains to the State of Utah insurance requirements, shall apply. 44. STANDARD OF CARE: The services of Contractor and its subcontractors and subconsultants at any tier, if any, shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude and complexity of the services that are the subject of this Contract. The Contractor shall be liable to the State of Utah August 30, 2013 ©2013 Avaya Inc. Page 227 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1073 q�f 2V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Proposal for a Data Communications Products Solution Attachment A—Terms and Conditions for claims, liabilities, additional burdens, penalties, damages or third party claims (i.e. another Contractor's claim against the State of Utah), to the extent caused by wrongful acts, errors or omissions that do not meet this standard of care. Avaya esponse: Understood. Reference RFP Section 7.2.8 for Avaya's request for exceptions, and Avaya respectfully requests that Avaya's proposed response to the WSCA-NASPO Master Agreement Terms and Conditions, see Section 34 (Contractor's Implementation and Professional Services Terms), Subsection 34.5 (Warrant) supersedes this Section 44 (Standard of Care) of the State of Utah Standard Information Technology Terms and Conditions 45. STATE REVIEWS, LIMITATIONS: The right of the State to perform plan checks, plan reviews, other reviews and/or comment upon the services of the Contractor, as well as any approval by the State, shall not be construed as relieving the Contractor from its professional and legal responsibility for services required under this Contract. No review by the State or any entity/user, approval or acceptance, or payment for any of the services required under this Contract shall be construed to operate as a waiver by the State of any right under this Contract or of any cause of action arising out of the performance or nonperformance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the wrongful acts, errors and/or omissions of the Contractor or its subcontractors or subconsultants at any tier, if any. Avaya esponse: Understood. Avaya submits its request that in negotiations we want to explore making this provision mutual. August 30, 2013 ©2013 Avaya Inc. Page 228 - Avaya Proprietary and Confidential Information - 9/11/2013 12:07 PM BidSync Page 1074 q�f 2'V12 State of Utah Bid JP14001 State of Utah AVAYA Request for Propos ai for a Data Communications Products Solution Tabie of Contents Attachments Table of Contents Attachment Avaya Identity Engines CASE Wizard 01 Attachment Avaya Identity Engines Ignition Access Portal 01 Attachment Avaya Identity Engines Ignition Guest Manager 02 Attachment Avaya Identity Engines Ignition Server 04 Attachment Avaya Networking Momentum 05 Attachment Avaya Virtual Enterprise Network Architecture Distributed Top of Rack 06 Attachment Avaya Virtual Enterprise Network Architecture Distribution of Globally Routable 07 IPv6 over Fabric Connect Attachment Avaya Virtual Enterprise Network Architecture Fabric Connect 08 Attachment Avaya Virtual Enterprise Network Architecture Network Virtualization using 09 Shortest Path Bridging and IP-Shortest Path Bridging Attachment Avaya Virtual Enterprise Network Architecture Video Surveillance -IP Multicast over 10 Avaya Fabric Connect Attachment Avaya-on-Avaya Converged Value 11 Attachment Configuration and Orchestration Manager Fact sheet 12 Attachment Ethernet Routing Switch 3500 Series fact sheet 13 Attachment Ethernet Routing Switch 4800 Series fact sheet 14 Attachment Ethernet Routing Switch 5600 Series fact sheet 15 Attachment Ethernet Routing Switch 8800 Series fact sheet 16 Attachment IP Flow Manager Fact sheet 17 Attachment Lifetime Warranty for Stackable Ethernet Switches for Campus, Data Center and 18 SME deployments Attachment Packet Pushers -Customer's share the benefits of deploying an Avaya fabric - 19 podcast transcript August 30, 2013 ©2013 Avaya Inc. Page 1 9/11/2013 12:07 PM BidSync Page 1075�pf111� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Propos ai for a Data Communications Products Solution Tabie of Contents Attachments Attachment Secure Router 2330 Series fact sheet 20 Attachment Secure Router4134 Series fact sheet 21 Attachment Virtualization Performance and Fault Manager Fact sheet 22 Attachment Virtual Services Platform Fact sheet 23 Attachment Virtual Services Platform 4000 Series fact sheet 24 Attachment Virtual Services Platform 7000 Series fact sheet 25 Attachment Virtual Services Platform 9000 Series fact sheet 26 Attachment WLAN 8100 Series fact sheet 27 Attachment Avaya 1600 Series IP Deskphone 28 Attachment Avaya 9600 Series IP Deskphone 29 Attachment Avaya Agile Communication Environment 30 Attachment Avaya Aura Call Center Elite 31 Attachment Avaya Aura Conferencing 32 Attachment Avaya Aura Contact Center 33 Attachment Avaya Aura Presence Services Offer 34 Attachment Avaya Aura Taking the Next Step 35 Attachment Avaya Aura Workforce Optimization 36 Attachment Avaya Aura 37 Attachment Avaya Aura Application Enablement Services 38 Attachment Avaya Aura Communication Manager Messaging 39 Attachment Avaya Aura Communication Manager 40 August 30, 2013 ©2013 Avaya Inc. Page 2 9/11/2013 12:07 PM BidSync Page 1076�pf111� l2 State of Utah Bid JP14001 State of Utah AVAYA Request for Propos ai for a Data Communications Products Solution Tabie of Contents Attachments Attachment Avaya Aura Messaging 41 Attachment Avaya Aura Presence Services 42 Attachment Avaya Aura Session Manager 43 Attachment Avaya Aura System Manger 44 Attachment Avaya Automated Chat 45 Attachment Avaya B149 Conference Phone 46 Attachment Avaya B159 Conference Phone 47 Attachment Avaya B179 Conference Phone 48 Attachment Avaya Call Management System 49 Attachment Avaya Cloud Enablement for Video 50 Attachment Avaya Cloud Enablement Solution for Enterprises 51 Attachment Avaya Contact Center Control Manager 52 Attachment Avaya Desktop Communications 53 Attachment Avaya Flare Experience for Windows 54 Attachment Avaya Flare Experience 55 Attachment Avaya Microsoft Lync Integration 56 Attachment Avaya One touch Video 57 Attachment Avaya one-X Attendant 58 Attachment Avaya one-X Mobile 59 Attachment Avaya one-X Communicator 60 Attachment Avaya Aura Experience Portal 61 Attachment Call Center Elite Multichannel 62 August 30, 2013 ©2013 Avaya Inc. Page 3 9/11/2013 12:07 PM BidSync Page 1077 1'q 12 State of Utah Bid JP14001 State of Utah AVAYA Request for Propos ai for a Data Communications Products Solution Tabie of Contents Attachments Attachment Expanded Meet-Me-Conferencing 63 Attachment IP Office Preferred Edition 64 Attachment Proactive Outreach Manager 65 Attachment Safe SIP Trunks—Avaya Border Controllers 66 Attachment The Avaya Collaborative Cloud 67 Attachment The Business Value of Enterprises 68 Attachment UCC and SIP Drive Savings in Cost Conscious Enterprises 69 Attachment Avaya Converged (full suite of solutions) Sochi 2014 Olympic Winter Games 70 Attachment Fabric Connect Healthcare Case Study -Franciscan Alliance 71 Attachment Fabric Connect Higher Ed Case Study- Macquarie University Case Study 72 Attachment Avaya Switch Clustering Higher Ed Case Study -Temple University 73 Attachment Avaya Fabric Enabled Networking to Power InteropNet at Interop 2013 74 August 30, 2013 ©2013 Avaya Inc. Page 4 9/11/2013 12:07 PM BidSync Page 1078�pf111 12 t - I t I I t I t Ii State of Utah Bid JP14001 AVAYA The Power of We" Identity Engines CASE Wizard Simplifying the deployment of 802.1x and MS-NAP Any device accessing your network in a deploying 802.1x authentication and secure fashion needs to be configured Microsoft NAP posture assessment to your specific authentication and throughout your network. It is the ideal security requirements, but configuring choice for a wide range of configuration every device individually is time- scenarios: consuming, prone to errors and can result in the inadvertent exposure of - Systematic configuration of employee important security information. PCs or ad hoc configuration for business partners bringing a new Avaya has a better way: the Avaya device into the enterprise. Identity Engines Ignition CASE Wizard. Support for business partners who It automates the configuration of need access to secure information in Windows-based devices, delivering specific places on your network. secure access to both wired and wireless networks without installing Large scale reconfiguration of existing software on the device itself. managed devices—for example to bring all employee devices in compliance with a new 802.1x security policy. Supports a Range of Configuration Scenarios For each of these scenarios, and many others, IT can use the Ignition CASE The Avaya Identity Engines Ignition Wizard to customize a package that CASE Wizard (CASE stands for Client addresses the specific parameters of Access to the Secure Enterprise) that situation. automates and simplifies the process of The CASE Wizard in Action Create Network Prof.le General Authentication I OS When users log on to the Ignition Access Step 2 Portal, they are directed to a web page: wired Connection:r, a The user is presented with a link to the CASE Wireless Connection:r Wizard created by IT. part„er@ay.. 55IDs: (Enter comma separated 55IDs in a The user clicks on the CASE Wizard link; the ormea^of priority.One 551D value is datnry if wireless is chosen.) software downloads and configures the PC to Authentication: WPA2 PSK •: comply with the network profile. Encryption: TKIP a The CASE Wizard dissolves away and the Network Key:....................... user Is ready to securely connect (Pe itedRa ge:sto63a i characters) Screen from the CASE Wizard Administration Console 9/11/2013 12:07 PM BidSync a e '11'2 12 �ttA1 i( �7 i l� i� } Ii11t_rrisl}t 11!! 3 r Bid JP14001 uy 1 j '�i � 'r £,ic ��,�`'£j°�t' ��` '� ''•i� t,,�t � , s State of Utah The Avaya CASE Wizard can be hosted on revert back to their original = t - the Avaya Identity Engines Ignition Access configuration when they are finished. g Portal or on any internal intranet location The CASE Wizard application works that employees have access to. The with all major browsers and supports all advantage of hosting the Ignition CASE major Windows versions. Wizard on the Ignition Access Portal is that IT can allow only specific users (e.g., employees from finance) access to the CASE Administration CASE Wizard with security settings Control specifically designed for those users. _�- The CASE Wizard application comes with an administrative console that is - _ - Depending on network design, the device may automatically connect to the used to create the various CASE profiles network or await the input of additional and download them as a CASE login credentials. Either way, within deployment package. seconds, the device is automatically - configured to the specific requirements The administrative console allows the of your network without the need for IT administrator to define multiple any further action. network profiles, each with its own _ - configuration and behavior settings. •u _ Employees and business partners can For example, an end-user device gain secure, controlled access over attempting to access an employee wired - _ different media and modes of network might be configured differently connection, delivering the enterprise than if the same user were attempting to access the wireless network. In this mobility that is critical to productivity ®�m and performance. example, two different network profiles could be generated:one for the • IT can easily and cost-effectively employee wired network and one for = impose corporate policy enforcement the wireless network. and compliance checking, including _ managing certificates, shared keys, Learn More MS-NAP and more. - Because the CASE Wizard is a To learn more about the Ignition CASE _ dissolvable application, it does not Wizard and the entire Avaya Identity -� - - remain on the client device.Also, the - � Engines Portfolio, including simplified CASE profile can be customized to let licensing and affordable pricing, contact ® the user revert to previous security your Avaya Account Manager,Avaya - settings. This is particularly useful for Authorized Partner, or visit us at www. business partners who need secure access to your network while they are onsite practicing business, but need to ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,T',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 06/12-DN7083 BidSync Page 1080 1'312 l7 Fs£I� 1-fr�£li�t 'Er � f fj It�J ttf ,Ult£ State of Utah Bid JP14001 AVAYAft£�t� ti�t��ia�iiain£afi�t?;t iiVtrip, Jsrt{,tri�a�ti��ftSi£ i�trdi�%`f'�il1; g The Power of We" Identity Engines Ignition Access Portal Visibility and control over BYOD W (Bring Your Own Device) Access The spread of mobile devices across the Instead of imposing arbitrary enterprise is challenging IT departments restrictions on mobile solutions, the to achieve higher levels of visibility and Ignition Access Portal enables ® control over network access, without employees to safely connect a wide ® W limiting the flexibility and value these range of smartphones and tablets. It's devices deliver for anytime, anywhere an ideal solution for on-boarding and productivity and collaboration. enterprise-wide management of Bring Your Own Device (BYOD) policies. The Avaya Identity Engines Ignition W Access Portal meets this challenge—it With the Access Portal, IT can now establishes a portal that intercepts easily capture information on a wide traffic from employees and guests, range of devices—personal or simplifying how devices authenticate enterprise-issued—and use the Identity and connect to the network while Engines Ignition Server to make policy providing new tools to monitor, manage decisions and enforce appropriate and control the level of access that is access levels. provided, including detailed visibility into the profiles of individual devices. Ignition Access Portal in Action AVAY� g,��l�nrti�r�,4ceess Portal opens browser and enters corporate or guest a Networking account credentials Avay 1'ecr�o1ogY or�sre� �. xxr�.a,�;.:.uay User authentication takes place against the uBWkts N fl P' Identity Engines Ignition Server leveraging the ....... s > V.---r— .. -� �� Identity Routing capabilities across federated " °" " 3s1�viJ u tril#eial,.i ea euuLry wFp 11e.'Lle ifaae;9A rP fY 4 .scav'�tl -eacdefl [adu_u.;x cv�e anJ directories • Upon successful authentication, access is granted u ,—O.V IUSCRtd?hh '.., • User device is "fingerprinted" and recorded PA.Nsmo 9/11/2013 12:07 PM BidSync e 1 �'1'g U ti t7�t 7h St {}t its{( 'N, State of Utah Bid JP14001 1Y 4 7 '1 1 S x s�aJe��s�a�s�a�s�aas�a�s��zt, r,`?t4 iia lea s,�r�l��'rt£S�r`ii,�i��tir The Avaya Access Portal solution company branding), users can be asked requires no special client software. It to enter login credentials, agree to terms works across any vendor's wireless or of service, etc. Taking advantage of the wired network, delivering a unified user's browser to prompt for and collect solution that effectively meets the credentials eliminates the need for client needs of both users and IT for a simple, side software. User authentication takes centralized approach to managing and place against the Identity Engines controlling network access.A single Ignition Server leveraging its identity - license allows deployment of multiple routing capabilities across federated _ . Ignition Access Portals for a range of directories. _ - network access situations. - - Creating Device �- 802.1x Enablement Fingerprints The Avaya Identity Engines Ignition The Identity Engines Ignition Access _ Access Portal can authenticate and Portal analyzes user traffic and captures provide access to: device-specific attributes that make it possible for enterprises to set up • User devices that do not have the comprehensive policies and enforce 802.1x capability them using the Identity Engines Ignition • User devices in which the 802.1x is Server. For example, employees may be _ �� • `� there, but not configured granted full network access when connecting via a corporate-issued PC, In addition to unifying wireless and but only restricted network access if wired device access, the Ignition Access they connect via a personal Apple iPad Portal manages access for employees device. - - with either corporate-issued or personal devices, as well as guest devices. A single license allows deployment of multiple Ignition Access Portals for No Client-side Software different use cases, all against one Needed Ignition Server instance (or HA-pair). The Ignition Access Portal establishes a - `captive portal' page. When a user seeks Learn More access to the network, the Access Portal - � To learn more about the Avaya Ignition intercepts the user traffic until the Access Portal and the entire Avaya ® . proper authentication and authorization Identity Engines Portfolio, contact your ` is met. Avaya Account Manager,Avaya _ Authorized Partner, or visit us at www. - On the portal page (which enterprises avaya.com. can customize, for example, with ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 06/12•DN7082 BidSync Page 1082 1'g 12 �if�r i{ _rill err s%t ( i4 {ly! i try hl i)A r:i Ir 4r 4t i ti is _ rt ' State of Utah Bid JP14001 VA YA The Power of We" Identity Engines Ignition � A 6, , . Guest ManagerContractors,temporary workers,customers, create guest accounts with only those conference attendees and a variety of rights for which the sponsor has f s professionals who come into your office to authority. do business now expect you to offer access Improved productivity— For large to d your network. However,granting guests events or conferences, the Ignition Guest access poses security� risks.Also,you need to Manager's bulk loading capability can consider the many associated costs, configure hundreds or thousands of including provisioning,managing and guest accounts. Aself-provisioning auditing guest accounts. feature offers organizations the ability to ® The Avaya Identity Engines Ignition have guests provision their own wireless ® Guest Manager allows you to provide access at a kiosk or online portal. This secure network access to your guests — cost-saving feature allows, for example, easily and cost-effectively— without conference attendees or school visitors taxing IT administrators. to obtain secure, authenticated access without requiring the participation of Meeting the challenges of administrative staff. The system can be secure guest access configured for complete security and " The Ignition Guest Manager is the leading audit tracking. The Ignition Guest guest management solution for secure Manager can host multiple self- network access.The solution manages provisioning kiosks simultaneously, each ` - guest and visitor network access across with different privileges, such as access wired and wireless access points,and it zones and duration. Each can offer enables you to apply granular authorization different display characteristics and policies to limit guests'access strictly to branding. y permitted network resources. Stronger security— With SMS The solution reduces the demand on integration, organizations can send login IT departments because it's easily credentials to a guest's cell phone. When administered by front desk personnel or a visitor registers at a kiosk or online any employee tasked with being a guest portal, the Ignition Guest Manager "sponsor." automatically sends a password to the visitor's cell phone or other mobile Delegated administration — Guest device. Security is improved because the access is managed using an intuitive, required credentials are hard to spoof. web-based interface that can be easily Only the visitor is privy to the password, customized to meet the needs of each and an auditable link between the visitor organization.An integrated rules engine and the network is created. guarantees user accounts automatically expire generation—The Ignition Guest at a scheduled time and date. Manager offers organizations the ability to IT administrators can delegate guest provide automated credit card payment account sponsorship duties to front desk for wireless network access.Schools, personnel or any other employee. hospitals and government agencies can Sponsor accounts are stored on the use this feature to generate revenue by Avaya Identity Engines Ignition Server or automating secure,feebased wireless in an Active Directory or LDAP store. access to their networks. Delegated administration rules can ensure that each elected sponsor can 7 BidSync 16 2 If yl t t Ss At ....... I ��hr rl State of Utah Bid JP14001 Policy g enforcement—The Ignition Guest also tracks the actions of the sponsors Manager assigns network access rights who create guest accounts to help detect and permissions based on a guest's role or and identify excessive account generation relationship to the organization, based on or inappropriately provisioned accounts. where they are connecting from ® - (conference rooms, labs, lobbies, etc.), Conclusion and based on how they connect (wireless, W - p wired, VPN). Guests can be provisioned Offering guests access to your network - - with access to particular subnets or services is essential.Today,the Avaya VLANS, or you may limit them to Identity Engines Ignition Guest Manager • outbound web access only. The Ignition enables organizations to securely provide p p Guest Manager also allows the network network access to guests and visitors - administrator tospecify precisely which without compromising the security of the - - devices a user may use to log in. network.To reduce the burden on IT w _ professionals,the solution can be easily - Auditing and logging — The Ignition executed by anyone empowered to sponsor - Guest Manager records a detailed audit network access for guests. trail of network access for each user. It �u � per' _ iSl�lil I IlYfli' �i - I ��Mq �d„p,.G r i111`91V _ I 11� � I iilfll fVlil '� I( p A AY dcngines tmuen .- nc Na Na f § ,rd wp � d � rwwua me srx A91cw d GAS provkal n wn Cbrx priv 1s mmAmq q.pmp.tha NgM4 da manage iercadz, �rIR q PIcll e n � i a G-rsssu.ms Aa. Ys N E d 3 so s..m.sn..r,3 swnea£aw,p y 4 Y xpprti +:...gnaera.. g•sswnvde Yme gwesY us'ew. ••.... �� r� --u Iwia,vri.. d_.mnNm•-gemcemYm gGce:s;t us:s man,c..wislrr. hl •I IJ ailA b,P-c..jr u... artpf-s.p3t, �+ •v..i .n a k.–=:A:I:u -G 4 nnaal '... -.sscesrsJ4.l m prcrmemmmn -f..ft tier e R'J wGiTl..dm r vert�tt • ,a'p,^I,nx'x arm <a;emr x.y ni v; d'Ker stiwwYm x<s n E•,y"":. '�srs N: q"y w>. ..v. Cm,n 1+tea u P fmar�rnew Figure 1.The network administrator delegates guest management tasks to provisioners. ` Key features • Fast and Intuitive— Provision guest accounts in less than 10 seconds p _ • Centralized access control— Manages,guest authentication and access across wired; wireless and VPN networks. • Delegated provisioning — Delegated provisioning lets designated greeters create and manage guest user accounts. • Self-provisioning Allows guests to provision their own temporary accounts from kiosks p or an online portal. W • Embedded database Segregates guest accounts from enterprise directory. p • p • Auditing —Centralizedlog data enables detailed reporting of guest access. w • Bulls loading —+Rapidly configures hundreds or thousands of guest accounts from database u records. W • • policy driven Network access rights and permissions are assigned based on guest's role in or relationship to the organization. • _ ®� • Credit card payment — Integrates with inhouse credit card payment systems without requiring staff involvement. • SMS integration — Sends guest login credentials to the user's cell phone, allowing the use • w of hard-to-spoof guest identifiers. ° • Automatic account termination — Discontinues guest access rights at a scheduled date and I' • time. • Vendor Agnostic Solution— Easy to deploy over any vendor's wired or wireless network ©2013 Avaya Inc.All Rights Reserved. n /gyp All trademarks identified by®,Biat§Oee registered marks,trademarks,and service marks,respectPee(ge\4084 p�1�77 12 03/13•DN5312-03 1 ` State of Utah Bid JP14001 spa'sR,a�s�a�s�a�va�v,mT,AT,AT-;a TaaA, A" AVAYA The Power of We" Avaya Identity Engines Ignmiflon Server Solving today's BYOD network access problems IT departments face the challenge of Product Benefits maintaining network security while offering more types of network access Improved Security- Policy based access (wired, wireless and VPN)to a diverse control governs which users can log in and growing number of users and and which areas of the network they can devices. With an increasing number of access. With Avaya Identity Engines, enterprises have granular control of both users bringing personal devices into work as a result of the Bring Your Own users AND devices. For example, a user Device (BYOD) trend, it is essential that who connects wirelessly to the corporate ` IT departments have control and network via their work-provided laptop visibility over network access without can be granted full network access if limiting the flexibility and value these they are running the latest security and devices deliver for anytime, anywhere anti-virus software. The same user ` productivity and collaboration. connecting via their personal iPad may be granted restricted access so as not to The Avaya Identity Engines Ignition jeopardize the security of the network. Server is a comprehensive policy engine The Ignition Server sets session that uses identity as the basis for parameters at login time, allowing VLAN managing and monitoring access across provisioning and the activation of switch- your network. It is an easy-to-deploy based security features. RADIUS and TACACS+ server that connects with your existing identity Reduced Cost- The Ignition Server systems and switch infrastructure. The provides centralized network AAA ` Ignition Server provides a central policy services and posture checking. Security decision point that streamlines access settings may be provisioned dynamically, management, improves security and freeing IT staff from the burden of satisfies reporting requirements. manually configuring switches and access points. The Ignition Server lets network administrators apply policies that Compliance- Identity Engines Ignition evaluate user account details, switch Server provides an accurate view of details, device type and/or any RADIUS which users and devices have logged in attribute to determine network access. and offers simple report generation for Similar criteria may be used to evaluate compliance. The optional Ignition TACACS+ requests for administrative Analytics tool automatically generates access. It supports dynamic session and distributes reports to satisfy security provisioning, allowing each user to be and compliance regulations. assigned to the appropriate VLAN, Easy Deployment-The Ignition Server based on the attributes of the user and integrates seamlessly with your existing device. network and directories. Because authentication is performed directly against your enterprise user directories, BidSync X116 2 i z iri iss t �t -� I(t{ r,i�sS { r� i State of Utah Bid JP14001 itl�s} i t 7�, t tr7t � j{t syi 7�t� t �z �ttt4 I Identity ngine ,Authenticated Network erk Arehitecture Policy Policy Policy Enforcement Point Decision Point information Point. �r r - Wired a LDAPa - operlaq fila«r1�ep's�taay Wrtless 6.0 ftmiatActive JA '.. y mukloc darnons - - – 1 a C� Mint U, Auhenckaltlevn A Se w il) aE access policies operate on your latest continue to grow. It applies access user account information, reducing policies consistently and transparently m latency and helping to ensure consistent across the network. security. Standards Based-The standards based Learn More architecture of Identity Engines helps To learn more about the Identity Engines ensure that you can continue to enforce Ignition Server and the entire Avaya Identity centralized network access control - Engines Portfolio,contact your Avaya even as the number and type of Account Manager,Avaya Authorized ® - _ wireless, wired and VPN systems Partner,or visit us at www.avaya.corn. Im IN= ® Centralize A — Provides centralized RADIUS and TACACS+ authentication, authorization and accounting services for network devices. a u _ • Standards-based policy engine—Applies access policies consistently and _ transparently across the network. • TACACS+ — The Ignition Server authorizes and logs all administrator actions on your switches and network devices that support TACACS+ authorization. • Easy deployment model— Integrates seamlessly with your existing network and directories. • High availability— Provides a highly available RADIUS and TACACS+ server as well as a highly available database service for Ignition policy decisions. u • Smart lookup of users— Lets you determine how Ignition searches multiple - user stores for user credentials, attributes and groups. • Dynamic session provisioning—Assigns each user to an appropriate VLAN, ®� based on the attributes of the user or the context of the login. • Rich support for non-802.I3(devices— Industry-leading MAC address authentication feature to handle non-802.1X devices such as medical equipment and printers. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 01/13•DN5310-02 BidSync Page 1086 1'g12 Bid JP14001 Seasoned Leadership Avaya has aligned its On January 12, 2012, Avaya leadership around its vision of announced that Marc Randall innovative customer-centric joined Avaya solutions. as senior vice Avaya is commitment to president bringing The Power of We TM to and general - every Avaya customer, to help manager for drive faster collaboration, Avaya smarter decisions and better Networking. business results. Marc is a highly respected veteran of the networking industry, and most recently served as vice president and general manager of Cisco Systems' Scalable Network Business Unit. He has also held positions as president and CEO for Force10 Networks and senior vice president of Brocade Communications. (Press release) avaya.CO 9/11/2013 12:07 PM BidSync Page 1087 pf11'g12 State of Utah Bid JP14001 AnalystI `Avaya and Cisco are two of Avaya Data Networking's Reports the leading network future is brighter than it has Miercom Reports: equipment vendors. Info- been in years with the Plug And Play Tech's five-year comparison of successful launch of the VENA Ethernet Fabric their LAN and WAN solution, which is positioned as Wireless LAN infrastructure demonstrates the logical conclusion to the that customers can save as virtualization that is occurring Current Analysis Company much as 54% by choosing in the data center. (Source: Assessment: Avaya Enterprise Avaya. In addition to these Current Analysis Company Networking & Data Center cost savings, their focus on Assessment) delivering reliability, improving Magic Quadrant for the Wired efficiency, and increasing Avaya continues to build on and Wireless LAN Access scalability makes Avaya a the long history of technical Infrastructure persuasive alternative to innovation that Nortel brought buying Cisco." (Source Info- to the table, and has Info-Tech LAN and WAN Tech LAN and WAN demonstrated its commitment Infrastructure Infrastructure) and real consistency in advancing its VENA vision. "Avaya Networking has gone (Source: Current Analysis back to its roots and focuses Company Assessment) on the technology that both differentiates and takes AnalystI advantage of its long heritage Quotes in data networking. Avaya "Avaya has made tremendous Networking is aggressively strides with VENA and other competing against other recent product launches and networking companies through should be included on the innovation, both with the early short list for organizations adoption and support of looking to make an investment standards in addition to some in network technology." strong technology in their Zeus Kerravala, ZK Research intellectual property" (Source: Current Analysis Company "Virtual Enterprise Network Assessment: Avaya Enterprise Architecture (VENA) offers a Networking & Data Center) well-integrated wired and wireless one-stop access layer Avaya appears to understand strategy for enterprises and value the assets it looking for an access layer possesses more clearly now solution with a strong than it has since the /a acquisition of Nortel's security play." —Gartner Magic Quadrant for Enterprise business." (Source: Current Analysis Company the Wired and Wireless LAN Assessment) Access Infrastructure avaya.CQ 9/11/2013 12:07 PM BidSync Page 1088 pf111 12 State of Utah Bid J P1 4001 Press Articles Avaya's Randall: Sorry, Cisco, Avaya aims to boost IP It's About Applications, Not multicast methods with new Networks network fabric CRN, Chad Berncltson ZDNet, Rachel King, April 17, February 16, 2012 2013 Interop 2012 Preview: 12 Cool Products Press Quotes In format ionWeek, Kurt Marko "Is Shortest Path Bridging May 5, 2012 (SPB) winning the data center fabric standards battle? One Avaya at Interop: Managing could have walked away from Networks for Applications Interop 2072 with that No Jitter, Eric Krapf impression, given the level of May 8, 2012 interest in it during a Avaya revs Identity Engines conference session and the for more secure BYOD production implementations InfoWorld, Ted Samson that were discussed at the May 8, 2012 show." —Jim Duffy, Network World Cisco's not on board, but is (Source: Cisco's not on board, Shortest Path Bridging but is Shortest Path Bridging winning? winning?) Network World, Jim Duffy May 11, 2012 "At Avaya, SPB is being deployed today in production BYOD insecurity frustrating environments and can work on your customers? Avaya has any device that supports /P new options and Ethernet" Channel Partners —Shamus McGillicuddy, May 8, 2012 Search Networking.com Avaya: Evolve or Get Beat Up (Source: Shortest Path Bridging: The interoperable Enterprise Networking Planet, alternate to spanning tree?) Sean Michael Kerner May 8, 2012 "In the last 78 months [Avaya Avaya provides networking has] made a big turnaround, education to Leeds investing in the networking Metropolitan University side." ComputerWeekly.com, —Andre Kindness, Forrester Jennifer Scott Research in Network World May 8, 2012 Canada (Source: Avaya's new network chief has 'lofty goals') avaya.com 9/11/2013 12:07 PM BidSync Page 1089 11371 2 State of Utah Bid J P1 4001 Recent Press Releases Oslo University Hospital, 8 University of Kagoshima, 3 Erie 1 Board of Cooperative May, 2012, Avaya Networking July, 2012, Japans International Educational Services (BOCES) Transforms Oslo University University of Kagoshima and Kenton County School Hospital Network Deploys Avava Energy Saver District, KY, 5 March, 2012, for a Greener, More Cost- Avaya Expands Work with a Leeds Metropolitan effective Network Growing Number of K-12 University, 8 May, 2012, Leeds Schools on Bring Your Own Metropolitan University Niger Dock, 5 July, 2012, Niger Device Mobile Learning Ensures Better, Faster, Dock Seeks Strength and Programs Smarter Technology Adoption Reliability with Avaya with Avaya's Next-Generation Networking St. Thomas University Networking Solutions Ronald McDonald House, 17 (Canada), Durham District Leeds Metropolitan University July, 2012, Avaya and Carousel School Board (Canada) and and Sparebanken Vest, 8 May, Keep Families Connected at Arrive (Norway), 18 April, 2012, Avaya Highlights Avaya World's Largest Ronald 2012, New Ethernet Switches VENA Customer Momentum at McDonald House® in Chicago from Avaya Simplify Interop Las Vegas 2012 Operations for Small and Niagara College, 24 July, 2012, Midsize Enterprises and Sparebanken Vest, 8 May, Niagara College Innovates and Remote Branches 2012, Sparebanken Vest Banks Educates with Avaya Video on Avaya for Future-Proofed Solution Schiphol Airport, 25 April, Network Infrastructure 2012, Avaya Network Powers Upgrade Peabody Hotel, 31 July, 2012, New Luggage Handling SPeabody Orlando Hotel Turns System at Schiphol Airport Kutztown University, 16 May, IT Services to Profit with Park University and Temple 2012, Kutztown University Avaya Networking Solutions Evolves Data Center With University, 30 April, 2012, Avaya Expands Range and Advanced Avaya Ethernet Dallas Christian College, Reach of Collaborative Switching Solution Cobalt Data Centers, 27 August, 2012, Avaya to Learning Opportunities in Higher Education Carroll University, 23 May, Accelerate Collaborative 2012, Carroll University Cloud with New Turnkey Expands Virtual Education Solutions Featuring EMC, Lester B. Pearson School Services with AvayaLive TM VMware Technologies Board and Concord Hospital, Engage 8 May, 2012, Avaya Secures ProMedica, Cobalt Data Mobile Collaboration and Bring Dairy Crest, 29 June, 2012, Centers, Leeds Metropolitan Your Own Device for Dairy Crest Chooses Avaya for University, 27 August, 2012, Enterprises Business Continuity and Avaya Expands Virtualization Disaster Recovery Capabilities to Drive the Concord Hospital, 8 May, 2012, Concord Hospital Boosts Collaborative Cloud Bandwidth and Reduces Costs with Avaya Virtual Enterprise Network Architecture Solutions avaya.com 9/11/2013 12:07 PM BidSync Page 1090 pf 1'q1 2 State of Utah Bid J P1 4001 SAAED, 16 October, 2012, Centrair Airport, 25 March, SAAED Signs Framework 2013, Central Japan agreement with Avaya to International Airport Deploys Enhance Communication of Avaya Ethernet Switch UAE Roadside Assistance Solution to Reduce TCO Macquarie University, 6 Department of General November, 2912, Macquarie Services, State of California, University Delivers Enhanced Red Rock Student Collaboration and Telecommunications, TSE Services with Avaya Communications, 9 April, 2013, Networking Solutions Avaya Collaboration Pod Speeds Cloud Deployments Rothesay Netherwood School, for Enterprises and Cloud 19 November, 2012, Rothesay Service Providers Netherwood School Selects Next-Generation Avaya Changhong Group, 9 April, Network to Enhance Anytime, 2013, Changhong Group Anywhere, Any Device Deploys Avaya Network to Learning Enhance Collaboration and City of Boynton Beach, 19 Productivity December, 2012, Florida Beach University of the Sciences, 15 Town Selects Avaya Network April, 2013, University of the to Reduce Costs and Provide Sciences Adopts Next- Seamless Support to City Staff Generation Avaya Network to City of Taylor, 9 January, 2013, Meet Increased Demands Michigan City Cuts Costs and Improves Service to Citizens with New Avaya Network Franciscan Alliance, 25 February, 2013, Healthcare Organizations Choose Avaya Collaboration Solutions to Improve Delivery of Patient Care avaya.com 9/11/2013 12:07 PM BidSync Page 1091 p�114112 State of Utah Bid JP14001 Interop Best of Show Avaya is the Official Finalist i r of Network 1- - n - - - Equipment to the Sochi 2014 Olympic ' Y r 5� Winter Games i f e - �r Read all about it here SecuHity The Avaya Identity Engines portfolio integrates with the network infrastructure to provide the central policy decision needed to enforce role-based network access control. The Avaya Identity Engines portfolio has been selected as a Security Category Finalist for Best of Interop 2012 avaya.CQ 9/11/2013 12:07 PM BidSync Page 1092 1'q 12 schipnof v t)r�wccs�ts�dG``s�,�ictcisuf Telematics r AUniruliuu l;9rc�aarw 1. "r`t Ba:rtsl,(rF Ot i st t]�efs�rSafietaf s+r lkrnncvc D:£tr�e a"cicaecUW �y P i3 Canada 1"�:hw�ah r>Gir�;urars�iuoai 4� df� G A (1Z zi�ltenus n z , CARRO11 up i A I V V"N I IL Am unu Sparebankerl feeds Oslo Vest metropolitan « + kl university University Hospital - , K L m PNTTWESTI Cochl ,r- � f§Itacf etrs� MgCQA♦ IE « t§la,etifcterrt ae r� a �� Rr r art harrua t:�t UNIVERSITY Auxitta.s nn s 1ealrr e=nhrfsch 1MIl CONCORD AVAYA The Power of We- avaya.co 9/11/2013 12:07 PM BidSync Page 1093�pf11'V12 State of Utah Bid J P1 4001 Supporting mission-critical applications requires 24x365 always-on infrastructure, and the Avaya Virtual Services Platform 7000 delivers against this challenge. It is a highly strategic product that is fit-for-purpose for today's connectivity requirements and future-ready for the evolving and emerging application-driven needs of tomorrow. Helmuth von Moltke the Elder, the nineteenth century military strategist, theorized "no plan survives contact with the enemy"; as it is in battle so it is when operating a multi-faceted data center. Best-laid plans for application consolidation and centralization progressively dissipate, impacted by something known as the 'application fragmentation' phenomenon. The hurly- burly of day-to-day Virtual Machine operations- both planned and unplanned - means that the numerous components that combine to form modern composite application architectures inevitably become dispersed through the data center resource pool. The idealized notion of application traffic being contained within a single rack, and therefore being serviced by a single network device, is pure fantasy. The reality is that multiple east-west transitions are required to support a single north-south transaction. Avaya's unique value is centered on our ability to deliver simplified network designs that uniquely deal with the real-world pain-points within the data center; most specifically, we satisfy the demand for a low-latency solution for east-west traffic. The Avaya Virtual Enterprise Network Architecture (VENA) Fabric Connect solution, incorporating the Delivering the Cloud-grade difference Virtual Services Platform 7000 (VSP 7000) deployed as a 'Distributed ToR', delivers The future: io Now this means: revolutionary network simplicity, because it is #00: lik East-West traffic i�k Server-to-Server,Rack-to-Rack the only network fabric offering that creates will dominate Data traffic dramatically increases Inter-Rack capacity is now network-wide services with a single control Center traffic rt crucial 'the new 80%' Traditional designs introduce plane independent of the physical topology. ? significant latency and degrade application performance The VSP 7000 delivers a new take on the traditional Top-of-Rack Switch requirement. 5.kh. For modest scenarios, Switches can be N, Avaya delivers the Alternatives introduce horizontally interconnected, creating a single industry's only low- latency&congesti0117 latency Distributed additional equipment, logical system spanning eight units/racks. ToR solution consume rnore poris Racked 9/11/2013 12:07 PM SewersBidSync a vqQecf�gr� iii 12 State of Utah Bid J P1 4001 Tire-to-service, in the Alternatively, hundreds of VSP 7000s can be flexibly meshed for massive scale- out that uniquely delivers multi-hop, low-latency. Forming a single-tier,Avaya's context of the data Distributed ToR is a connectivity solution for the data center's primary center, is a simple requirement: high-performance, low-latency, Layer 2 east-west traffic. Utilizing function of the high-speed virtual backplane capacity, and invoking Ethernet's plug &play advantage, the VSP 7000 empowers simplified, one-touch, edge-only provisioning, and it provisioning. draws on all three The VSP 7000 is an integral component of our Fabric Connect solution for end- areas of the classic to-end Fabric-enabled networking;and our unique Distributed ToR delivers the `plan, build, run' modelindustry's best application performance solution. By keeping the data center's The ability to Layer 2 traffic within the ToR tier- leveraging the high-performance virtual backplane system that is created between multiple Switches - real-world multi- implement change, in rack/multi-server latency is dramatically reduced. real-time, and without Avaya's innovative Distribute ToR approach offers integrated Layer 3 risk is key to delivering interconnectivity, together with traditional Layer 2 functionality throughout Bite -centric time- data center environments.As and when needed, Layer 3 connectivity and additional scale is delivered by an Aggregation Switching layer, leveraging to-service. Avaya multiple 10 Gigabit or(future)40/100 Gigabit connections. delivers this with our Virtualization The most striking example of the unique capabilities of VSP 7000 is when real- world, multi-hop- that is, rack-to-rack-to-rack- latency performance is Provisioning Service compared to traditional two-tier offerings;the VSP 7000 injects an average of (VPS) management only I microsecond of latency per Switch hop. This is an astonishing level of performance, and is several orders of magnitude better than any other industry application that acts as offering. While there are other examples of individual ToR Switches offering the glue that binds the microsecond latency, we would all appreciate that no data center is ever lifecycle activity of networked by a single device, and transiting through an Aggregation Switch can add 20 microsecond, or more, per hop; a four-hop data mash-up could cost VMware's vCenter with as much as 100 microseconds, as opposed to 4 microseconds with the VSP the edge-only, one- 7000 Distributed ToR solution. touch provisioning Additionally, the VSP 7000 features a front-panel expansion slot, making field- capability enabled by upgraclability as easy as hot-swapping in a new pluggable expansion adaptor; our Fabric Connect options include additional IOGbps ports (SFP+ sockets or RJ45IOGBASE-T), and future 40Gbps, 10OGbps Ethernet, and Storage Convergence. solution. 9/11/2013 12:07 PM BidSync avaggjecj�g�f1612 State of Utah Bid J P1 4001 As Virtual Machines An innovative design helps ensure that the appropriate portion of the switching fabric's 1,28OGbps performance is dedicated to supporting MDA-based are prepared for connections, while still providing full wire-speed throughput for all front panel deployment or ports and the flexible, high-speed Fabric Interconnects. The power of these to migration by server create the high-performance, low-latency Distributed ToR solution cannot be over-estimated.Although Avaya has architected the Distributed ToR solution to administration, scale up to 480 Switches within a single instance, the typical build block is vCenter's AR is thirty-two VSP 7000 Switches across 16 server racks, delivering 1,024 ports meshed across almost 20Tbps of virtual backplane. This building block concept leveraged by VPS is itself extremely flexible;with virtually no hard-and-fast topology constraints, to prepare the blocks can be as small or large as required, and easily interconnected with Distributed ToR extended-reach copper or fibre cabling. network of VSP Time-to-service, in the context of the data center, is a simple function of 70OOs - provisioning, and it draws on all three areas of the classic'plan, build, run' model. The ability to implement change, in real-time, without risk is key to automatically, delivering business-centric time-to-service. Avaya delivers this with our dynamically, and Virtualization Provisioning Service (VPS) management application, which acts proactively. The as the glue that binds the lifecycle activity of VMware's vCenter with the edge- only, one-touch provisioning capability enabled by our Fabric Connect solution. benefits are pronounced and As Virtual Machines are prepared for deployment or migration by server administration,vCenter's API is leveraged by VPS to prepare the Distributed significant. ToR network of VSP 7000s - automatically, dynamically, and proactively. The Compliant, role- benefits are pronounced and significant. Compliant, role-based migrations are now enacted without any manual network administration, in real-time, and the based migrations human-error induced outages of the past are genuinely a thing of the past. are now enacted Highlights of the VSP 7000 hardware are a hardened physical architecture of without any dual, hot-swappable, directional AC or DC power supplies and fan trays, making manual network it ideally suited to deliver today's pressing need for flexible, high-speed administration, in Ethernet connectivity in the high-performance Top-of-Rack role.A full lifetime hardware and software warranty is simply the icing on the cake, including real-time, and the complimentary next-business-day shipment for the life of the product. human-error Avaya believes that the IEEE's 802.1aq Shortest Path Bridging (SPB) standard is induced outages the option that provides the most opportunity for advancement when it comes of the past are to Fabric-based networking. Forming the basis of our Fabric Connect solution, genuinely a thing it is the only technology capable of creating network-wide services with a single control plane that is truly independent of the physical topology, thereby of the past. avoiding issues with layering and stitching of multiple protocols into a complicated mess and/or simply failing to scale beyond a single physical data center. 9/11/2013 12:07 PM BidSync 19 2 State of Utah Bid J P1 4001 The VSP 7000 brings unique differentiation to the ToR role: with a flexible, non- blocking architecture, including wire-speed server access connections and Fabric Interconnects. The VSP 7000 is purpose-built to support today's dynamic data center operations and high-density, low-latency 10 Gigabit Ethernet Top-of-Rack deployments. It alleviates infrastructure complexity and reduces power consumption with a truly scalable and strategic architecture; it is designed to deliver a high- performance Distributed ToR solution into the next decade. @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @,T1,or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 08/12-DN7132 9/11/2013 12:07 PM BidSync ava�4�yg� 12 State mUtah Bid JP1400 Table of Contents This document provides an overview ofa proven solution for the distribution of globally roUtab|e |Pv6Addresses, leveraging Avaya |Pv6inGeneral ............................l VENA Fabric Connect. Fabric Connect isAw'aya'snext-generation networking protocol; anenhanced implementation ofthe Test-Bed for |Pv6 over standardized Shortest Path Bridging (SPB) bechno|ogy. Fabric Connect � --------- The high level results ofthe work demonstrate that an enterprise Ramifications on larger can effectively Use Fabric Connect to provide for the overlay of a routed |Pv6 infrastructure that is incongruent bothe existing |Pv4 |Pv6 dep|oynnents-------.3 topology. Furthermore, with |Pv4 default gateways resident on Layer Virtual Service Networks, dual-stack end-stations can Summary.......................................4 have full end-to-end hybrid connectivity without the use of Layer 3transition methods such as6to4, |SAJAF\ orTeredo. This results Future Developments...............5 in a clean and simple implementation that allows for the Use of allocated globally noUtab|e |Pv6 addresses in a native fashion. BPv6 in General IPv6 is the next generation form of IP addressing. Replacing IPv4, it is intended tngreatly enhance address space aowell aoend-tn-endtransparency(which wmobecnmingmnreandmnredifficu|ttnachieve) byincreaoinguoenfNetwnrk Address Translation (NAT) in |Pv4. NAT was created tnprovide for use nf 'private' |Pv4addressing within anorganization and then for agateway interface device to the public Internet; but even this technology could not forestall the unavoidable end of available contiguous blocks of IPv4 addresses which ran out earlier this year. Current efforts tn recycle |Pv4 addresses will provide a short-lived reprieve however the supply of recycled addresses will be quickly exhausted. As a result, many enterprises that had I Pv6 on the back-burner are now taking a new look at this technology and its deployment requirements. Researching this issues can be a daunting task because, beyond knowledge of I Pv6 itself,one needs to understand what's required for I Pv6 to co-exist in an IPv4 network environment. Completely fork-lifting acompany's communications environment ionot practical and, even if an enterprise were willing to do this, issues regarding contact with the outside world need to be addressed because the IPv6 suite is not directly backwards compatible tn |Pv4. This lack nfdirect backwards compatibility has generated efforts within the |ETFtn resolve this complication. 9/11/2013 12:07 PM BidSync 12 State of Utah Bid JP14001 A number of RFCs, drafts as well as deprecated drafts, covering a wide variety of translation or transition methods have been written, each having its own set of complications and security or resiliency issues that must be dealt with.At the end of the day, most IT personnel walk away with a headache and wish for the good old days of IPv4 only. i Since the introduction of IPv6,different schools of thought have arisen regarding y how to address co-existence between IPv4 and IPv6. Network and Port Translation (NAT-PT), for example,once considered a possible solution,faded r into deprecation because the approach proved to be intractable for the most part. Other methods have stayed and even become `default';as an example,all Microsoft OSs running IPv6 run 6to4, ISATAP and Teredo tunneling methods. One school of thought has won out: dual-stack on the end-stations with I ' ` tunneling across the IPv4 network to tie IPv6 islands together. This method works but, as mentioned earlier, even this method has complications and issues � that need to be dealt with. x f If one looks at the evolution long enough however it becomes apparent that if Layer 2 methods could provide the paths between IPv6 islands, things like 6to4, ISATAP and Teredo are not required and having eliminated ISATAP and Teredo, an enterprise is free to use formally allocated globally routable address space. The only requirement for the dual-stack host is that it has clear default routes for both IPv6 and IPv4. With typical VLAN based networks this design, while feasible, does not scale and quickly becomes intractable due to the complications of tagged trunk design within the network core. With Avaya's Fabric Connect capability, this scalable Layer 2 method is now available. The following pages describe the test bed environment and ramifications of this work on larger network infrastructures. Test-Bed for 1Pv6 r Fabric Connect The figure on the following page depicts minimal requirements for a successful hybrid IPv6 deployment over Fabric Connect.As the diagram shows, requirements are fairly concise and simple;what is required is a Virtual Service Network(VSN) that is associated with edge VLANs that host dual-stack end-stations. Additionally,this VSN needs to attach to IPv6 and IPv4 default gateways enabled by edge VLAN's that interface to relevant devices. Requirements are straight forward and easy to understand. Illustrated in a simplified form, this topology has been deployed in Avaya labs to demonstrate the proposed configuration. For simplicity,in Avaya's test-bed,a common VSN that would support the IPv6 deployment was implemented. More complicated IPv6 routed topologies can easily be achieved by using Inter-VSN Routing with routers external to the Fabric Connect cloud;illustrations of this are provided later in this document. In the lab,Avaya 9/11/2013 12:07 PM BidSync b '112 12 State of Utah Bid JP14001 created VLAN ID 500 at three different key IPv6 Host points at the edge of the domain.A Virtual Service Network was created within the IPv6 Network/Internet t ` ' IPv6 Gateway Fabric Connect domain (also using 500 as its identifier)that ties the different VLANs IPv6 Dual-Stack Fabric Connect �� Virtual Service Netw Hosts together.At one edge VLAN a Windows 7 end-station running dual-stackhadthe IPv4 9r � IPv4 Gateway._. - -.- Address of 10.40.99.2 and the IPv6 Address IPv4 of 3000::2 configured. For IPv4 the end- IPv4 Host Virtual Service Network °" „• stations default gateway was 10.40.99.1 and for IPv6 the default gateway was 3000::1.The IPv6 default gateway is also attached to Figure 1:Required elements for a hybrid IPv6 deployment over Fabric Connect VLAN 500 and Is able to provide directly routable paths in and out of the VSN. Additionally,the IPv4 default gateway is attached and reachable. The dual-stack end-station has end-to-end Esr3�IPv6 3000::1 1 Pv6 3000::2 Gateway 3000::1 hybrid connectivity to both IPv6 and IPv4 IPv6 IPv6 Gateway Layer3VSN r� ",_ environments without the use of any Layer 3 transition method. The topology depicted Dual stack �' in figure 3 shows that from the perspective Fabric Connect ' Layer 2 VSN t�, Dual-Stack Host of dual-stack end-stations there is complete hybrid connectivity and available routed I Pv4 10.40.99.2 lPv4 �rU Gateway 10.40.99.1 paths to both IPv4 and IPv6 environments. LayersusN Connectivity out into INET2 to native IPv6 'Iva 10.40.99.1 ,¢VLAN 500 resources is enabled by the use of officially- VSN 500 allocated global addressing. Figure 2:Native IPv6 Dual-Stack over a Layer 2 VSN Ramifications on larger is A major drawback of Layer 3 transition IPv6 Network/Internet ns. methods for IPv6 is that they bind the IPv6 Pv6Gateway topology to IPv4, which many find to be t undesirable. After all, they say, why iPv6VSN �� implement a new globally routed protocol .o rk y and then lock it down to an existing limited Dual-Stack legacy topology?A potential solution, Dual-Stack Fabric cgmri��°{ rc+trr t l- Hosts m�u. dsr rt fid, Hosts sttf }iYc ,? pl err „ running IPv6 as "ships-in-the-night" with pr�8 IPv4, requires use of VLANs and tagged 1Pv4VSN trunks and, while shown to be feasible in .. the previous test-bed (figure 2), this tmi�A�U trS @\7,t,e:(1tt sn„2s€a3- IPv4 Network/Internet fl''� approach suffers from complexity in larger IPv4 Host topologies and does not lend itself to scale. Figure 3:Dual-stack End-Station perspective for default routed paths j 7 9/11/2013 12:07 PM BidSync '& 1 3 12 State of Utah Bid J P1 4001 Tractable on an enterprise scale, Fabric Connect vastly simplifies these issues because the IPv6 deployment becomes an overlay Layer 3 environment that rides on top of the underlying IS-IS protocol and therefore deploying it does not require detailed configuration changes to the network core. This original "ships- in-the-night"vision can now be realized in real world designs. The following diagram shows a large network topology that interconnects two Data Centers; the topology in blue shows the IPv6 native deployment, with green indicating the IPv4 legacy routed Pv6 environment. Note that while there are 1 ,Data Centerscommon touch-points between the two environments for legacy dual-stack IPv4 IPv4 Gateway Fabdt,,,c6qnect use, the two IP topologies are quite independent of one another. C RThis is a very attractive trait as most " " "M environments, when introducing the new protocol, will want to take the opportunity to redesign the network. In addition, it allows for modification of one IP I,F 1�6* environment without undue dependency on IPv4 Host IPv6&Dual-Stack Hosts the other. Figure 4:Totally Independent IP topologies Summary This document describes a simple topology design that can implement an IPv6 dual-stack host environment with full hybrid connectivity using Layer 2 VSNs within a Fabric Connect domain. The use of Fabric Connect allows for true enterprise scale deployments that avoid the complications of core tagged trunks and routing.As such, the deployment of IPv6 becomes a very tractable proposition with a number of notable benefits: • Topological independence-there is no dependence on IPv4 topology;the two IP environments are totally incongruent, providing great flexibility and scale. • Services separation-the IPv6 deployment enjoys a separate logical transport that is totally separated;resources are more clearly managed and SLAs can be achieved. • Edge provisioning - this is a key feature of Avaya's VENA framework; Fabric Connect removes the need to configure the network core for various services that it offers and, as a result, a huge amount of complexity and potential for human error are effectively removed. • Unmatched resiliency- the convergence times of the Fabric Connect mesh are much faster than the Layer 3 routing timeouts and, as such, most failures within the core will be transparent to both Layer 3 routing environments. 9/11/2013 12:07 PM BidSync ava�4�yf6) � ,.,12 State of Utah Bid JP14001 Further, if one routing environment were to have problems it would be isolated to that environment and not affect the other. With Layer 3 transition methods such as 6to4, for example, if the IPv4 topology has issues, it affects IPv6 connectivity, possibly even prohibiting it. With Fabric Connect, all environments are separated, independent and highly resilient. Future Developments The foundational protocol used Shortest Path Bridging is IS-IS and unlike OSPF-which requires an update in order to support IPv6- IS-IS is protocol agnostic. Research is underway for Global Routing Table route injection of IPv6 directly into IS-IS, as well as the ability to support Layer 3 VSNs with VRF for IPv6 to allow for integrated OSPFv3. As this research and development effort becomes reality IPv6 routing will be absorbed into the Fabric Connect cloud as just another protocol that is transported across. These developments will enable a truly integrated approach to implementing IPv6 in an extremely stable and scalable fashion. Avaya is fully committed to this future integrated vision but, as this application note illustrates,very tractable implementations of IPv6 over Avaya VENA Fabric Connect can be realized today. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 05/13-LB4770-01 9/11/2013 12:07 PM BidSync Page 1102 11412 State of Utah Bid J P1 4001 By creating one contiguous, end-to-end Fabric,Avaya is empowering businesses to achieve unprecedented levels of infrastructure productivity, service agility, and network dependability, the very essence of the fast, flexible, and secure design aspirations. Our industry is currently experiencing a shift in application architecture away from simple Client/Server to complex, composite application designs, including the adoption of business operations intelligence applications that are based on communications-enabled business processes and complex-event processing. And, of course, at the heart of the next-generation data center is the pervasive adaption of Virtual Machine (VM)computing; the ability to support mobility is crucial to making this environment successful. Inefficient mobility equates to reduced flexibility, degraded time-to-service, and loss of productivity. The Avaya Virtual Enterprise Network Architecture (VENA) Fabric Connect solution enhances productivity by optimizing the way that networks are deployed, implemented, operated and maintained. Liberating the business from the topology constraints of rival solutions and alternative technologies, Fabric Connect empowers versatile placement of networking components and interconnections;optimized end-to-end connectivity is automatically and instantaneously calculated - and similarly recalculated during planned or unplanned topology changes. Delivering genuine service agility is new and unique. Prior to Fabric Connect, networks were forced down one of two paths: they either provisioned as they went, or pre-provisioned en masse. Neither option is conducive to efficient and effective operations.Attempting to match the extremely dynamic nature of VM life cycles with the provisioning burden of a traditional network introduces significant delay in time-to-service. Days, weeks, or even months could be lost in planning and scheduling the required change. Then, there is the very real risk pW of change-induced error. Similarly, the other extreme- pre-provisioning -also introduces substantial risk, given the inferred burden to configure every possible network service on every available network device. This approach introduces network-wide fault domains and, with the logical desire to extend the network fabric beyond the relatively straightforward confines of the Data Center, is becoming increasingly untenable now that discrete user-centric 9/11/2013 12:07 PM BidSync avqQcAffi�,"1.,12 State of Utah Bid J P1 4001 Avaya VENA Fabric devices and sessions enter into the pre-provisioning equation. What business wants is dynamic, simplified, and orchestrated provisioning;Avaya Fabric Connect empowers Connect delivers precisely this solution. seamless VM mobility - be that across the Isolating the network from its services delivers carrier-grade protection and availability. The complete separation of services and the encapsulation of user room, across the city, addressing at the Fabric Connect boundary ensures that the core of the across the country, or network becomes transparent to users, appearing as a series of simple pipes, tunneling - as it where- traffic based upon an any-to-any connectivity model. across the world. Fully deterministic traffic flows and a proven, standardized management Leveraging a unique framework greatly simplify day-to-day operations; once again the robust three-dimensional foundational technology that underpins Fabric Connect shows the value of its service provider heritage. concept of service abstraction, VMs For years both industry and network operators have been searching for a way to reconcile the seemingly opposing goals of Server and Network appear on logical end- administration;while one sought service flexibility the other strove for service to-end networks, and stability. Obviously the business wants both; flexibility and stability need to be delivered organically by a technology that clecouples services from the although it's typical for underlying technology.Avaya Fabric Connect achieves this, doing what no rival data center, and VMs solution can - creating a service delivery paradigm that abstracts the IP layer more specifically, to from the physical and enables, the virtualization of the network to be synchronized with compute virtualization. operate at Layer 2 only, there is also support to Avaya's introduction of the Fabric Connect solution sets a new standard for service agility. The edge-only, one-touch provisioning model empowers utilize Layer 3 in this service change without time-consuming change control because isolation scenario. of user services and separation from the network core ensures full compartmentalization of the failure domain and therefore the risk. The business benefit is pronounced, with service additions and changes enacted in real-time. This is especially true and relevant when moving compute resources away from the mass of isolated, application-specific servers that characterized the traditional data center. Orchestrating highly efficient provisioning, management, troubleshooting, and securing multiple VMs requires network- level insight and visibility into virtual machine lifecycle, application of appropriate network and port-level configurations at the individual VIVI level, dynamic tracking of VMs as they move throughout the data center, and enforcement of network attributes for VMs, no matter where instances migrate. A further advantage that Avaya provides is to facilitate service orchestration, and VIVI mobility is a perfect example of delivering tangible time-to-service benefits. Real-world application life cycle management requires the regular migration of VMs- this could be for maintenance, recovery, or scaling - however traditionally they have been restrained by network limitations;VMs can 9/11/201312:07 PM BidSync a v a gglec 91a�fj112 State of Utah Bid J P1 4001 By conceptually only move within a single broadcast domain. Fabric Connect re-writes the rulebook and, by creating a single end-to-end solution, services can be moved inserting a 'virtual anywhere and everywhere. However, certain considerations remain: physical Ethernet' between connectivity, capacity, Layer 3 gateway functionality, etc. This is where and how physical topology Avaya Virtualization Provisioning Service leads, by seamlessly integrating with VMware vCenter to synchronize the network and server domains; Switches are and network configured on the fly to reflect the mobility requirements. routing layers, Avaya VENA Fabric Connect empowers seamless VIVI mobility across the room, Fabric Connect across the city, across the country, or across the world. Leveraging a unique empowers end-to- three-dimensional concept of service abstraction,VMs appear on logical end- to-end networks, and although it's typical for data center, and VMs more end connectivity. specifically, to operate at Layer 2 only, there is also support to utilize Layer 3 in Common services - this scenario. By conceptually inserting a 'virtual Ethernet' between physical applications, topology and network routing layers, Fabric Connect empowers end-to-end connectivity. Common services - applications, VLANs, etc. - are automatically VLANs, etc. - are and instantaneously interconnected on the basis of one-touch, edge-only automatically and provisioning.And because all connectivity is Ethernet-based, it leverages instantaneously Ethernet's ubiquity, its plug &play characteristics, and its simplicity. xible VILF-based interconnected on FleMulti-Tenant solutions, the basis of one �,JkGeo-Redundant ayer 3 Gateways touch, edge-only provisioning. And because all End-to-End Virtual Ethernet connectivity is Seamless Layer 2 Scalability, Ethernet-based, it . . ....... leverages Etherne 's ubiquity, Avaya VENA Fabric Connect its plug & play characteristics, and Avaya Fabric Connect obviously benefits from its foundation being that of the its simplicity. IEEE's Shortest Path Bridging standard (802.1aq); it was, after all, designed not simply as a 'Spanning Tree replacement', but as a true, full-featured, simplified virtual private networking technology- an 'Enterprise-friendly MPLS' if you will. The Fabric is extended the instant that devices are enabled, and the end-to-end `virtual Ethernet' propagates throughout the domain, regardless of the physical topology (or mix of topologies). Shortest, most optimal paths are calculated and common services - such as VMs - only ever consider themselves to be a single hop away from the other members of their community. 9/11/201312:07 PM BidSync a v a�4ec yg��'11V 12 State of Utah Bid J P1 4001 Abstracting the services from the constraints and limitation of the traditional two- dimensional design model of protocol-applied-to-physical liberates the network and empowers a radical shift in network design and service delivery. At Layer 2, the predominate, although not exclusive, requirement within the data center,VLANs (or unique hosts)are simply mapped to the required 'Service ID';this occurs only at the Fabric Connect edge, reducing time-to-service and the burden and error-prone requirement of end-to-end, device-by-device, link-by-link configuration.And because the underlying technology is natively extensible, Fabric Connect integrates support for Layer 3 in the same way;VRFs are mapped to the appropriate Service IDs and end-to- end connectivity is immediately delivered. Indeed,Avaya is able to optimize the provisioning of routing functionality, and with our enhanced implementation of router redundancy (VRRP), with multiple active instances, we can distribute gateway functionality through the Fabric, as and where it is most effective. This is particularly relevant in a distributed, physically-dispersed Data Center model.Avaya's groundbreaking Switch Cluster capability is deployed on the perimeter of the domain, providing resilient active-active connections for attached devices, including servers or other network devices. The Avaya VENA Fabric Connect solution enables businesses to build a Cloud-grade infrastructure that is extensible from data center to campus and beyond;end-to-end network virtualization is a crucial differentiation of VENA. Designed for next-generation networking, Fabric Connect is a flexible solution that can be tailored to fit current business needs while providing a smooth migration path that accommodates natural or dramatic evolution.Addressing the crucial data center requirements, Fabric Connect creates self-aware network infrastructures that simplify the logical provisioning of network services and provide the components required to create a simplified, network- wide solution that features active/active connectivity and service-orientated networking from Top-of-Rack to Core. Avaya is uniquely positioned based on decades of networking experience, and this helps ensure that the transition to an Avaya Fabric Connect solution is low-risk, seamless, and overwhelmingly positive. @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @,T1,or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 08/12-DN7130 9/11/2013 12:07 PM BidSync ava�4�yf66 12 State of Utah Bid J P1 4001 By creating one contiguous, end-to-end Fabric,Avaya is empowering businesses to achieve unprecedented levels of infrastructure productivity, service agility, and network dependability, the very essence of the fast, flexible, and secure design aspirations. Our industry is currently experiencing a shift in application architecture away from simple Client/Server to complex, composite application designs, including the adoption of business operations intelligence applications that are based on communications-enabled business processes and complex-event processing. And, of course, at the heart of the next-generation data center is the pervasive adaption of Virtual Machine (VM)computing; the ability to support mobility is crucial to making this environment successful. Inefficient mobility equates to reduced flexibility, degraded time-to-service, and loss of productivity. The Avaya Virtual Enterprise Network Architecture (VENA) Fabric Connect solution enhances productivity by optimizing the way that networks are deployed, implemented, operated and maintained. Liberating the business from the topology constraints of rival solutions and alternative technologies, Fabric Connect empowers versatile placement of networking components and interconnections;optimized end-to-end connectivity is automatically and instantaneously calculated - and similarly recalculated during planned or unplanned topology changes. Delivering genuine service agility is new and unique. Prior to Fabric Connect, networks were forced down one of two paths: they either provisioned as they went, or pre-provisioned en masse. Neither option is conducive to efficient and effective operations.Attempting to match the extremely dynamic nature of VM life cycles with the provisioning burden of a traditional network introduces significant delay in time-to-service. Days, weeks, or even months could be lost in planning and scheduling the required change. Then, there is the very real risk pW of change-induced error. Similarly, the other extreme- pre-provisioning -also introduces substantial risk, given the inferred burden to configure every possible network service on every available network device. This approach introduces network-wide fault domains and, with the logical desire to extend the network fabric beyond the relatively straightforward confines of the Data Center, is becoming increasingly untenable now that discrete user-centric 9/11/201312:07 PM BidSync avqQcA69 �,1'j..12 State of Utah Bid J P1 4001 Avaya VENA Fabric devices and sessions enter into the pre-provisioning equation. What business wants is dynamic, simplified, and orchestrated provisioning;Avaya Fabric Connect empowers Connect delivers precisely this solution. seamless VM mobility - be that across the Isolating the network from its services delivers carrier-grade protection and availability. The complete separation of services and the encapsulation of user room, across the city, addressing at the Fabric Connect boundary ensures that the core of the across the country, or network becomes transparent to users, appearing as a series of simple pipes, tunneling - as it where- traffic based upon an any-to-any connectivity model. across the world. Fully deterministic traffic flows and a proven, standardized management Leveraging a unique framework greatly simplify day-to-day operations; once again the robust three-dimensional foundational technology that underpins Fabric Connect shows the value of its service provider heritage. concept of service abstraction, VMs For years both industry and network operators have been searching for a way to reconcile the seemingly opposing goals of Server and Network appear on logical end- administration;while one sought service flexibility the other strove for service to-end networks, and stability. Obviously the business wants both; flexibility and stability need to be delivered organically by a technology that clecouples services from the although it's typical for underlying technology.Avaya Fabric Connect achieves this, doing what no rival data center, and VMs solution can - creating a service delivery paradigm that abstracts the IP layer more specifically, to from the physical and enables, the virtualization of the network to be synchronized with compute virtualization. operate at Layer 2 only, there is also support to Avaya's introduction of the Fabric Connect solution sets a new standard for service agility. The edge-only, one-touch provisioning model empowers utilize Layer 3 in this service change without time-consuming change control because isolation scenario. of user services and separation from the network core ensures full compartmentalization of the failure domain and therefore the risk. The business benefit is pronounced, with service additions and changes enacted in real-time. This is especially true and relevant when moving compute resources away from the mass of isolated, application-specific servers that characterized the traditional data center. Orchestrating highly efficient provisioning, management, troubleshooting, and securing multiple VMs requires network- level insight and visibility into virtual machine lifecycle, application of appropriate network and port-level configurations at the individual VIVI level, dynamic tracking of VMs as they move throughout the data center, and enforcement of network attributes for VMs, no matter where instances migrate. A further advantage that Avaya provides is to facilitate service orchestration, and VIVI mobility is a perfect example of delivering tangible time-to-service benefits. Real-world application life cycle management requires the regular migration of VMs- this could be for maintenance, recovery, or scaling - however traditionally they have been restrained by network limitations;VMs can 9/11/2013 12:07 PM BidSync avagglecy1%�fj1 1 2 State of Utah Bid J P1 4001 By conceptually only move within a single broadcast domain. Fabric Connect re-writes the rulebook and, by creating a single end-to-end solution, services can be moved inserting a 'virtual anywhere and everywhere. However, certain considerations remain: physical Ethernet' between connectivity, capacity, Layer 3 gateway functionality, etc. This is where and how physical topology Avaya Virtualization Provisioning Service leads, by seamlessly integrating with VMware vCenter to synchronize the network and server domains; Switches are and network configured on the fly to reflect the mobility requirements. routing layers, Avaya VENA Fabric Connect empowers seamless VIVI mobility across the room, Fabric Connect across the city, across the country, or across the world. Leveraging a unique empowers end-to- three-dimensional concept of service abstraction,VMs appear on logical end- to-end networks, and although it's typical for data center, and VMs more end connectivity. specifically, to operate at Layer 2 only, there is also support to utilize Layer 3 in Common services - this scenario. By conceptually inserting a 'virtual Ethernet' between physical applications, topology and network routing layers, Fabric Connect empowers end-to-end connectivity. Common services - applications, VLANs, etc. - are automatically VLANs, etc. - are and instantaneously interconnected on the basis of one-touch, edge-only automatically and provisioning.And because all connectivity is Ethernet-based, it leverages instantaneously Ethernet's ubiquity, its plug &play characteristics, and its simplicity. xible VILF-based interconnected on FleMulti-Tenant solutions, the basis of one �,JkGeo-Redundant ayer 3 Gateways touch, edge-only provisioning. And because all End-to-End Virtual Ethernet connectivity is Seamless Layer 2 Scalability, Ethernet-based, it . . ....... leverages Etherne 's ubiquity, Avaya VENA Fabric Connect its plug & play characteristics, and Avaya Fabric Connect obviously benefits from its foundation being that of the its simplicity. IEEE's Shortest Path Bridging standard (802.1aq); it was, after all, designed not simply as a 'Spanning Tree replacement', but as a true, full-featured, simplified virtual private networking technology- an 'Enterprise-friendly MPLS' if you will. The Fabric is extended the instant that devices are enabled, and the end-to-end `virtual Ethernet' propagates throughout the domain, regardless of the physical topology (or mix of topologies). Shortest, most optimal paths are calculated and common services - such as VMs - only ever consider themselves to be a single hop away from the other members of their community. 9/11/2013 12:07 PM BidSync a v a�4ec 12 State of Utah Bid J P1 4001 Abstracting the services from the constraints and limitation of the traditional two- dimensional design model of protocol-applied-to-physical liberates the network and empowers a radical shift in network design and service delivery. At Layer 2, the predominate, although not exclusive, requirement within the data center,VLANs (or unique hosts)are simply mapped to the required 'Service ID';this occurs only at the Fabric Connect edge, reducing time-to-service and the burden and error-prone requirement of end-to-end, device-by-device, link-by-link configuration.And because the underlying technology is natively extensible, Fabric Connect integrates support for Layer 3 in the same way;VRFs are mapped to the appropriate Service IDs and end-to- end connectivity is immediately delivered. Indeed,Avaya is able to optimize the provisioning of routing functionality, and with our enhanced implementation of router redundancy (VRRP), with multiple active instances, we can distribute gateway functionality through the Fabric, as and where it is most effective. This is particularly relevant in a distributed, physically-dispersed Data Center model.Avaya's groundbreaking Switch Cluster capability is deployed on the perimeter of the domain, providing resilient active-active connections for attached devices, including servers or other network devices. The Avaya VENA Fabric Connect solution enables businesses to build a Cloud-grade infrastructure that is extensible from data center to campus and beyond;end-to-end network virtualization is a crucial differentiation of VENA. Designed for next-generation networking, Fabric Connect is a flexible solution that can be tailored to fit current business needs while providing a smooth migration path that accommodates natural or dramatic evolution.Addressing the crucial data center requirements, Fabric Connect creates self-aware network infrastructures that simplify the logical provisioning of network services and provide the components required to create a simplified, network- wide solution that features active/active connectivity and service-orientated networking from Top-of-Rack to Core. Avaya is uniquely positioned based on decades of networking experience, and this helps ensure that the transition to an Avaya Fabric Connect solution is low-risk, seamless, and overwhelmingly positive. @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @,T1,or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 08/12-DN7130 9/11/2013 12:07 PM BidSync ava�4�y.Rb 12 State of Utah Bid J P1 4001 Table of Contents Abstract Section 1: Introduction................................1 This White Paper discusses the benefits and applicability of the IEEE 802.1aq Section 2: Benefits of Shortest Shortest Path Bridging (SPB) protocol which is augmented with sophisticated Path Bridging..................................................3 Layer 3 routing capabilities. The use of SPB and the value to solve virtualization 21 Network Service Enablement.............3 of today's network connectivity in the enterprise campus as well as the data 2.2 Time to Service Improvements.........5 center are covered. 2.3 Robustness.................................................6 This document is intended for any technically savvy network manager as well as 2.4 Predictable Network Behavior.........6 network architect who are faced with: 2.5 Reduce Operational Expenses..........7 - Reducing time to service requirements Section 3: Networking Issues with Today's Technologies..................................7 - Less tolerance for network down time 31 Service and Infrastructure - Network Virtualization requirements for Layer 2 (VLAN-extensions)and Layer Separation....................................................7 3.2 Network Virtualization..........................8 3 (VIRIF-extensions) 3.3 Bridged Domain Issues.......................10 - Server Virtualization needs in data center deployments requiring a large set of 3.4 Storage and Data Center Bridging Layer 2 connections (VLANs) ..................................................................................11 - Traffic separation requirements in campus deployments for security purposes Section 4:SPB Solution Details......................12 as well as robustness considerations (i.e. contractors for maintenance reasons 41 Virtualization Standards Evolution 12 needing access to their equipment or guest access needs) 4.2 The SPB Model........................................13 4.3 Frame format...........................................14 - Multi-tenant applications such as airports, governments or any other network 4.4 Protocol Infrastructure........................15 with multiple discrete (legal) entities that require traffic separation 4.5 Service Layer QoS.................................19 4.6 Forwarding Behavior and Security.......................................................19 Section 1: Introduction 4.7 Layer 2 VLAN Extensions................20 4.8 Failure and Recovery.........................20 The evolution of Ethernet technologies continues with the IEEE 802.1aq 4.9 Scalability.................................................20 standard of Shortest Path Bridging. This next generation virtualization 410 Routing Between Extended technology will revolutionize the design, deployment and operations of the VLANs......................................................20 enterprise campus core networks along with the enterprise data center. The 411 SPB and Edge Connectivity benefits of the technology will be clearly evident in its ability to provide massive with Switch Clustering......................20 scalability while at the same time reducing the complexity of the network. This 412 Layer 3 VRF Extensions..................20 will make network virtualization a much easier paradigm to deploy within the 413 Network Simplification by enterprise environment. Protocol Overlay Reduction ..........21 Section 5:Value Proposition Shortest Path Bridging with its extensions eliminates the need for multiple Summary......................................................22 overlay protocols in the core of the network by reducing the core to a single Section 6: Deployment Scenarios......23 Ethernet based link state protocol which is providing all virtualization services 61 The Virtualized Data Center.............23 (virtualization of bridging, routing, multicast) in an integrated model. In addition, 6.2 Deployment Scenario: MultiTenant by relying on end-point-service provisioning only, the idea of"build it once and City Network..........................................27 don't have to touch it again" becomes a true reality. This simplicity also aids in Section 7: References ............................32 greatly reducing time to service for new applications and network functionality. 71 IEEE...............................................................32 7.2 IETF..............................................................32 avqQcAT, 1 9/11/2013 12:07 PIM BidSync kj�412 State of Utah Bid J P1 4001 The design of networks has evolved throughout the years with the advent of new technologies and new design concepts. Customer requirements drive this evolution and the adoption of any new technology is primarily based on the benefit it provides versus the cost of implementation. The cost in this sense is not only cost of physical hardware and software, but also in the complexity of implementation and on-going management. New technologies that are too "costly" may never gain traction in the market even though they provide a theoretical benefit. In order to change the way networks are designed, the new technologies and design criteria must be easy to understand and easy to implement. When Ethernet evolved from a simple shared media with huge broadcast domains to a switched media with segregated broadcast domains, there was a shift in design. The ease of creating a VLAN and assigning users to that VLAN made it commonplace and a function that went without much added work or worry. In the same sense, if Shortest Path Bridging is to be successful, then the implementation of network virtualization must become as common and easy as creating a VLAN is today. The key value propositions for SPB include: • Standards-based • IEEE 802.1aq standard - no lock in technology • Resiliency • Single robust protocol with sub-second failover • Optimal network bandwidth utilization • Simplicity • One protocol for all network services • Plug & Play deployment reduces time to service • Scalability • Evolved from carrier with enterprise-friendly features • Separates infrastructure from connectivity services • Flexibility • No constraints on network topology - Easy to implement virtualization 9/11/2013 12:07 PM BidSync a v a Fyqgec9j% �fj1 12 State of Utah Bid J P1 4001 Section 2: Benefits of Shortest Path Bridging As with any new technology, it is important to understand the benefits that can be expected from its use. It is critical to weigh these benefits against the cost in order to truly arrive at the realistic value proposition. Understanding the values also sets the proper expectations up front and will be a key factor in how and where the technology is deployed. Several of these benefits are provided here as proof points for the use of Shortest Path Bridging*. 2.1 Network Service Enablement 2.7.7 Data Center Bridging Data Center Bridging (DCB) is gaining attention by many enterprises. The ability to support storage traffic over Ethernet has many significant benefits. The most compelling being the cost savings by converging the data center on one infrastructure. Significant savings can be realized for both capital expenditures (CAPER)as well as operational expenditures (OPER). Reduction in the amount of hardware (network interfaces, host bus adapters, storage switches)contributes to these large and attainable savings. iSCSI and NAS are storage technologies which are based on TCP/IP, thus operate on today's Ethernet networks without any additional functionality. Fibre Channel by nature runs on a separate infrastructure from traditional Ethernet. Recent enhancements to the T11 standard have introduced Fibre Channel over Ethernet (FCoE)that provides capabilities of running Fibre Channel over an Ethernet infrastructure. In order for Fibre Channel storage traffic to be converged on Ethernet, several enhancements must be made. Ethernet by design is a transport that can lose packets and simply retransmit. In a storage network, this is not acceptable; therefore the Ethernet infrastructure must provide a lossless functionality. This new functionality is part of the 802.1 DCB standardization projects. Another major requirement for storage transport based on FCoE is transparent Layer 2 connectivity. There is no concept of Layer 3 routing domains for Storage Area Networks which makes the extension of SANs between geographically dispersed data centers that much more of a challenge. Root Bridge based Spanning Tree Layer 2 topologies using VLANs are not seen as robust enough for storage transport. In addition, these networks do not support any form of shortest path switching, which is required to provide minimal latency for storage traffic. With the convergence of the SAN and traditional LAN within the data center, SPB provides a unique value proposition to seamlessly extend the Layer 2 SAN domains within and across data centers.A shortest path with minimal latency will automatically be created and if there is a failure of a link or switch, the failover time will be less than sub-second. SPB also removes the complexity of For the purposes of simplicity,this paper with focus on the MAC-in-MAC version-otherwise known as SIDBM-of the IEEE 802.1aq standard. 9/11/2013 12:07 PM BidSync State of Utah Bid J P1 4001 manual VLAN extensions and eliminates the cumbersome Spanning Tree protocol from the design. SPB's capability of using multiple parallel paths (ECTs) is another major advantage in providing a truly superior transport solution for Storage Area Networks. 2.7.2 Server Virtualization The expansion of the data center, a result of both scaled up server architectures and traditional "one application, one server" sprawl, has created problems in housing, powering, and cooling large numbers of underutilized servers. In addition, IT organizations continue to deal with the traditional cost and operational challenges of matching server resources to organizational needs that seem fickle and ever changing. These are two leading factors that have led to the mass adoption of server virtualization. The use of virtualization and specifically virtual machines is profoundly changing data center dynamics. Virtual machines can significantly mitigate many of these challenges by enabling multiple application and operating system environments to be hosted on a single physical server while maintaining complete isolation between the guest operating systems and their respective applications. Hence, server virtualization facilitates server consolidation by enabling organizations to exchange a number of underutilized servers for a single highly utilized server running multiple virtual machines. These new server virtualization technologies allow the dynamic placement of the applications on any virtualized server infrastructure. With this data center(s) are becoming a "cloud", services can be placed wherever needed or where most resources are available. To enable this transparency, Layer 2 VLAN extensions within the data center as well as across the backbone infrastructure between the data centers are required to provide a robust (transparent) connectivity service. In today's traditional LAN/WAN design, the extension of numerous VLANs and their propagation within data centers can prove challenging. Ensuring that all redundant links are properly configured as well as all switches can be a time- consuming operation, and can introduce significant risk due to the need to regularly administer the configurations of crucial core devices. This is especially true in data center environments that are continually shifting to match application and business requirements. SPB removes the complexity by eliminating the need to configure multiple points throughout the network.The simple end-point provisioning is done where the application meets the network,while all points in between are automatically provisioned through SPB's robust link state protocol. The ability to transparently extend Layer 2 and/or Layer 3 domains across a virtual backbone with virtually no effort and no risk enforces SPB's unique value proposition. 9/11/2013 12:07 PM BidSync 12 State of Utah Bid J P1 4001 2.7.3 Multi-Tenant Applications As large enterprises continue to evolve, many have become very similar to network service providers/carriers. The enterprise IT organization is the "service provider" for its internal customers. With this comes a new and evolving set of requirements that traditional providers have been accustomed to for many years. The new network requirements are instantiating enhanced design methodologies in order to create complete traffic separation between the customer domains, provide uninterrupted service for business applications, significantly reduce the time to service from weeks/months to hours/days and accommodate flexible network deployments. With the need to support these complex multi-tenant environments comes the added cost and complexity of operating a "carrier-class" network. In most cases, enterprise network operations teams have a relatively small staff and budget. Carrier technologies,which have been built to scale to thousands of customers, have an inherent complexity, which is in many cases too expensive to operate for enterprise customers.A simpler solution which provides the same or even more functionality can help reduce network operation costs significantly. SPB is the technology that will help satisfy all aspects of the multi-tenant customer. The technology evolved from similar protocols used by carriers and service providers. SPB has been enhanced to add "enterprise friendly" features to give it the best of both worlds, carrier robustness/scalability and applicability with enterprise-class features and interoperability. The simplicity of the technology doesn't require an entire team with specialized training or knowledge and therefore makes it very appealing. Existing staff will quickly understand the simple end-point provisioning and the ease of troubleshooting a much less complex network that inherently supports Layer 2 and Layer 3 virtualization. SPB provides all the benefits of a carrier-class network without all the overhead, complexity, or cost, it's simple and scalable. 2.2 Time to Service Improvements With server virtualization come the feature/requirement to move server instances from one physical device to another. This flexibility now allows the server instance to move within a data center or between data centers. The easiness of moving a server instance from one physical server to another physical server puts additional requirements on the network infrastructure. The move of a server instance will be transparent to the rest of the network. The physical addressing is kept intact and moved to the new location. For the network piece, it's all about how quickly the same IP subnet can be extended and made available on a different location in the enterprise. Traditionally extending VLANs and IP subnets across a network infrastructure required careful planning and was not an instantaneous job. When there are only a few VLANs requiring this functionality, it may not be such a daunting task, however, as the number of VLANs grow, the number of services 9/11/2013 12:07 PIVI BidSync a v a�4ec 12 State of Utah Bid J P1 4001 grow, and as traffic separation through network virtualization becomes commonplace, the task suddenly is not so simple and straightforward and definitely requires more work and more attention. SIDB helps to reduce the time to service by as much as 90% for the network connectivity that is supporting the application virtualization. The VLAN and VRF extension capabilities and its end-point-provisioning improve time-to- service drastically compared to legacy technologies. The built-in features of network virtualization also reduce the time to service for creating the virtualized domains needed to maintain the traffic separation between different enterprise functions and/or organizations. 2.3 Robustness As more services are converged onto the enterprise network,the mission critical nature grows exponentially. Many enterprises are global in nature and therefore access to networks, applications and services are truly required 24x365. It is a common assumption that the network will always be there and available. It has become yet another utility that users take for granted.With this being today's reality, it is imperative to maximum network availability. Network down time almost always results in lost revenue. The network design and the underlying technologies must ensure uninterrupted access to business critical services. New technologies must provide enhanced capabilities in order to become accepted and utilized. One critical capability of SIDB can be seen with an increase in the robustness of the network. In essence, SIDB can add another 9 to the enterprise availability. Striving for five 9's availability (which equates to less than five minutes of unplanned downtime per year) has been the goal of every network design and implementation. The deployment of SIDB with its robust link state protocol, its sub-second end-to-end network restoration and its end-user MAC encapsulation provides significant network availability improvements and can add another '9'to over availability. By moving to a single protocol and not using legacy technologies such as spanning tree based Layer 2 VLAN transport solutions, SIDB simplifies and adds another level of resiliency. 2.4 Predictable Network Behavior Today's layered approach for network protocols inherently creates dependencies of upper layer protocols on lower layer protocols. In some cases, protocols rely on each other for proper operation. A multicast routing protocol relies on the underlying unicast routing protocol for route and path information. In other cases, the protocols operate independently between systems on their layer, but are reliant on the availability of the lower layers. In a Spanning Tree network, a higher layer unicast routing protocol only re-establishes communication after the lower layer(Spanning Tree) has converged. In all scenarios, the convergence time of all the protocols on the network will vary. Unicast and Multicast protocols have different convergence times. ava�4�yfjbrZ 9/11/201312:07 PMBidSync Vj12 State of Utah Bid J P1 4001 Spanning Tree convergence times vary depending on what fails and where it fails in the network. This makes it very difficult, if not impossible, to have any type of predictability in the network when changes or failures occur. The more protocols running, the more unpredictability exists. SPB with IP/SPB provides an integrated model where Layer 2 as well as Layer 3 functionality is provided by one protocol, thus network behavior is very predictable. SPB has eliminated the need to run any form of Spanning Tree, Layer 3 Unicast or Layer 3 Multicast routing in the core of the network, thus increasing efficiency, reducing complexity, and providing predictability. 2.5 Reduce Operational Expenses Traditional network technologies intertwine the provisioning of connectivity services with the infrastructure that has been put in place to provide the service. This deep interlocking of service with infrastructure as well as the multilayer approach causes complexity to manage today's networks. In order to scale networks and move to a model that is more like the service provider/carrier, the network infrastructure must be decoupled from the connectivity services. The network must also be able to provide new functionality such as traffic separation, extension of Layer 2 and Layer 3 capabilities, and still be easy to deploy and manage. SPB provides clear separation of the connectivity services layer and the infrastructure. It also uses only one control plane protocol for Layer 2 VLAN and Layer 3 VRF extension services and therefore provides a significantly simplified operational model. This translates directly into a significant reduction in operational expenses. Section 3: 114etwoIng Issues with Today's Technologies Many issues are commonly seen in today's networks when examining the existing technologies and their challenges to fit the requirements of the virtualized environment. Each of these issues must be reviewed and understood as the enterprise moves forward to tie the application virtualization with the impending network virtualization. The ease of mapping these two together will result in not only the overall success of the enterprise network, but also in the long term scalability and total cost of ownership. 3.1 Service and Infrastructure Separation A quandary of sorts exists in today's traditional network infrastructure. The difficulty lies in the balance of two seemingly opposing forces; building a network as simple as possible to keep operations cost down while implementing the many different connectivity requirements on that same network. With the existing technologies, more connectivity requirements equal more complexity in design, deployment, and operations. 9/11/2013 12:07 PIVI BidSync avagqgecqjq� 12 State of Utah Bid J P1 4001 The major problem that complicates network operations significantly is the limited abstraction of a "network connectivity service" from the infrastructure. The connectivity services and infrastructure configurations are tightly coupled and cannot easily be separated from each other. To illustrate this, a common requirement in the enterprise network is to extend a Layer 2 domain between different end-points. This could be between floors in a building or between buildings on a campus or between data centers across the country. For example, if a VLAN (100) is required to connect two service access points (the point in the network where a server, PC, or other end user device is plugged in), the complete path between these access ports throughout the network, including a redundant path(s), needs to be provisioned with VLAN (100). Even though there are only two service access points (SAP), there will likely be numerous ports, switches, routers throughout the path of the infrastructure that needs to be properly provisioned to accommodate connectivity between those two SAPs. This simple example shows the difficulty and complexity in design and provisioning when the service and infrastructure are tightly coupled. Many different touch points exist in the network to make this simple Layer 2 extension happen. Ideally, only each service access point should need to be provisioned, thus reducing the configuration down to two places in this example, leaving the entire intermediate touch points to automatically create the shortest path between the SAPs. The success of the IP protocol can be attributed to this fact; a new IP subnet has to be added only at the service access point, the end-to-end connectivity is established "automatically" by the IP routing protocol. SPB with IP/SPB achieves a similar experience by providing end-point-only provisioning. 3.2 Network Virtualization 3.2.7 Large Layer 2 Domains Since the mid 1990s (IEEE standardized 802.1Q in 1998)VLAN tagging is the predominant way of virtualizing enterprise networks. With IP being the transport protocol, a one-to-one mapping between VLAN and IP subnet has been established as the clefacto standard design. In some cases exceptions exist where business requirements or migrations require features such as IP multi-netting, where multiple IP subnets exist on a single VLAN. Most applications have used the VLAN concept only to segment into IP subnets to reduce the broadcast domains, improve performance, and ease troubleshooting. Some network applications are looking for true segmentation to restrict access between communication domains. In small topologies,VLANs can fulfill this segmentation requirement nicely, but in larger domains, true segmentation is achieved by virtualizing the Layer 3 domain as well. Layer 3 device virtualization is achieved by using multiple routing instances known as Virtual Route Forwarder(VRF) technology. With this technology, ava�46�yfj� 9/11/2013 12:07 PM BidSync . 12 State of Utah Bid J P1 4001 VLANs are mapped to different VRF instances which in turn create traffic separation. The next step is to achieve network virtualization by building an IP VPN and extending VRFs across the network. 3.2.2 VRF Extensions To extend VRFs across a multi-hop network, VRF-extension technology is required. In smaller scenarios this is achieved by running a separate routing protocol for each routing instance (i.e.VRF). This may work for a few network links and a few VRF instances, but the larger the topology the more complex it gets to manage such a network since all switches and all links will have multiple routing instances running in parallel. Presently, carriers have deployed BGP and MPLS-based IP VPN services to accommodate the needs of their enterprise customers. Extending these technologies into the campus and data center can be complex and requires additional skill sets not present in many enterprise network operations teams. 3.2.3 Complexity of MPLS and MP-BGP(RFC 4364) In networks where hundreds to thousands of customer instances are required, BGP has proven to be a robust protocol to achieve the scalability that is required. BGP is used to carry all virtualized routing tables across TCP sessions between virtualized Provider Edge routers (PEs). MPLS virtualizes the fast path and thus separates each user domain, by identifying it with a different (service) label. MPLS tunnel labels are swapped at each hop throughout the network and forwarding decisions are made based on local forwarding tables. This makes the management and troubleshooting of the network more tenuous, as each hop must be looked at to figure out the entire path through the network. This approach to network design works very well for the carrier/service provider as it is very scalable and provides the required functionality. For the typical enterprise customer, the many layers of protocols make the solution quite complex to design, deploy, and operate. The key point is to provide traffic separation,required scalability,and the ability to troubleshoot without multiple layers of protocols or specialized network expertise. 9/11/2013 12:07 PM BidSync 12 State of Utah Bid JP14001 3.3 Bridged Domain Issues 1113-VII31INIs As discussed earlier, server virtualization technologies have increased the need for Layer 2 VLAN extensions between SAPs where servers are physically DiscLwer' Bop-A6 connected. These extensions either within a data center or between data " tr centers have become table stakes requirements. Signaling ELIF Whenever VLANs are extended across the core of a network, questions arise in regard to the impact this can have on the stability of the network and especially the core. Typical questions include: Tunneling LCiP�rr Riti. 1`'� What is the impact of MAC learning on the core? Is there the possibility of loops negatively affecting the network? To poi ogee IOP I I&Bor OSP""' If spanning tree is used for Layer 2 redundancy across the core, what about all these blocked and unused links? PI`S/sical SONET,8OK, �. Links Etiemd W, 3.3o l MAC Explosion MAC table size exhaustion in enterprise networks is usually not an issue. The core systems normally scale well beyond the typical number of MACs within an Figure 7-MPLS Protocol Layers enterprise.What can become an issue in large spanning tree deployments are excessive topology change notification (TCN) messages.TCNs are sent whenever there is a spanning tree port state change. Each TCN causes all bridges in a STG network to reduce their MAC aging timers, thus traffic is being flooded and paths are re-learnt each time a TCN is sent in its Spanning Tree Group. The other issue that may arise in large scaled networks is the time it takes a core system to re-learn all the MACs during a recovery. When a failed system is restored to service, the MACs must all be learned, in some cases this can negatively impact recovery time. Reducing TCN generation and MAC table sizes are good practices when designing bridged topologies. 30302 Loop Sensitivity VLAN-based Layer 2 networks are sensitive to loops. Network loops can occur due to many different reasons, but the effect is always the same. Broadcast and Multicast traffic looping in the network will quickly exhaust network bandwidth in a matter of seconds. Even worse, the looping traffic triggers the bridges to re-learn the end station MAC addresses from different ports (normal path and looped path). This in turn triggers all devices to be unreachable and at the same time the bridge control planes to constantly update the systems bridge forwarding/filtering tables. Shielding the network core from the end-station MAC Addresses would make the network core much less sensitive to network loops. 0 � 12 9/11/2013 12:07 PM BidSync 1 State of Utah Bid J P1 4001 3.3.3 Blocked and Unused Links A disadvantage of a Spanning Tree based network is that traffic in a VLAN can only travel along one path. This path is the Spanning Tree which is forming the loop-free topology. The result of creating the loop-free topology renders several links blocked and therefore unused in normal operations. These blocked links are only used during times of failure in that particular portion of the network. Enterprises are paying a 1001 premium for links that may only be used 1%of the time- not a great use of valuable CAPER. Spanning Tree is root bridge-based, thus traffic will have to flow potentially from the tree leaf up to the root bridge to reach another leaf in the network. The actual paths through the network can be engineered by setting up multiple Spanning Tree groups, but this once again adds another layer of complexity during design, deployment, and operations. The optimal model is one that makes efficient use of all network links while still providing resiliency and fast failover. It must also provide optimal (shortest) paths between end points to increase performance and minimize latency. 3.4 Storage and Data Center Bridging Fibre Channel transport over Ethernet is presently a popular topic in enterprise data center environments. The T11 working group has defined FCoE as a technology to replace native Fibre Channel with Ethernet. The long term vision will have storage traffic as well as user bound LAN traffic converge on one technology. This will reduce both CAPER and OPER with a reduction in the number of networks, network adapters, and management. In order to properly support storage traffic running on Ethernet, new enhancements must be added to address existing deficiencies: • Today's Ethernet is not lossless The IEEE is addressing this with the following standards work in the data center bridging working group: » 2.1 a : IEEE Standard for Local and Metropolitan Area Networks: Virtual Bridged Local Area Networks -Amendment 10: Congestion Notification. » 2.1 a :IEEE Standard for Local and Metropolitan Area Networks:Virtual Bridged Local Area Networks-Amendment: Enhanced Transmission Selection. »P802.1Qbb: IEEE Standard for Local and Metropolitan Area Networks:Virtual Bridged Local Area Networks-Amendment: Priority-based Flow Control. • Today's Ethernet does not provide shortest path switching As previously discussed, Spanning Tree-based Layer 2 topologies use root tree based forwarding. This results in suboptimal packet forwarding and traffic 9/11/2013 12:07 PM BidSync avag�,�yfL) 1.�i'1,,12 State of Utah Bid J P1 4001 rarely uses the shortest path to reach its destination. Storage traffic however requires low latency and minimal forwarding hops, thus benefits greatly from a solution that can provide shortest path switching. Section 4: SPB Solution Details 4.1 Virtualization Standards Evolution The IEEE has been working on Layer 2 virtualization techniques over the last decade. It had standardized a set of solutions that built on each other and continuously addressed the predecessor's disadvantages. 0:11 WNW, IEEE802.]Q 1998 Virtual Spanning Tree or 4096 Edge and Core Layer 2 LANs Switch Clustering (VLAN Tagging) IEEE 2005 Provider Spanning Tree or 4096x4096 Edge and Core Layer 2 802.1ad Bridging Switch Clustering (Q-r-Q) EEE802.1ah 2008 Provider Spanning Tree or 16 million Edge and Core Layer 2 Backbone Switch Clustering Bridging MAC-in-MAC In 1998, IEEE 802.1Q provided a simple way to virtualize Layer 2 broadcast domains by using VLAN tagging to form Virtual LANs. The 12 bits that are available in the 802.1Q defined header provided the ability to separately transport 4096 individual virtual LANs. The loop free topology had been provided through IEEE 802.11D Spanning Tree and later Rapid Spanning Tree (RSTP) and Multiple Spanning Tree (MSTP) extensions. However, spanning tree is not the technology of choice for large carrier deployments or data center deployments - for details see Section 0. Avaya introduced Switch Clustering using Split Multi-Link Trunking as a better alternative to spanning tree. Switch Clustering's built-in ability to build large loop free topologies that provided active/active resiliency with sub-second failover proved to be a far superior technology in comparison to all the Spanning Tree options. Carrier deployments wanted to leverage the cost points of Ethernet and wanted to use the virtual LAN technology. In order to improve scalability, the IEEE introduced the Q-in-Q approach, where the header had been extended to provide a carrier tag attached to a customer tag Q-in-Q. This allowed the carrier to transport customer tagged traffic over its Ethernet based 802.1ad backbone. However in large deployments this technology did not scale well, ge 9/11/2013 12:07 PM BidSync q li9 21 p1j5 12 State of Utah Bid J P1 4001 because the carrier network "saw" the customer MAC addresses. This restricted the carriers in providing a truly robust network solution. For details please refer to Section 0. In order to overcome this scaling limitation, the IEEE standardized 802.1ah in 2008 which introduced a new header encapsulation to hide the customer MAC Addresses in a backbone MAC Address pair. In addition to this, the new header also includes a service instance identifier (I-SID) with a length of 24 bits. This I-SID can be used to identify any virtualized traffic across an 802.1ah encapsulated frame. In 802.1ah, these I-STDs are used to virtualize VLANs across an I-SID-based MAC-in-MAC network. The "hiding/ encapsulating" of customer MAC Addresses in backbone MAC Addresses greatly improves network scalability(no end-user MAC learning required in backbone)and also significantly improves network robustness. This is due to the fact that any customer introduced network loops have no effect on the backbone infrastructure. 4.2 The SPB Model A recognition of the existing limitations for network virtualization led to the development of a new link-stated based technology known as Provider Link State Bridging (PLSB). Based on IS-IS 2008 and a natural evolution of PBB/PBT, PLSB addressed the growing needs in regard to network virtualization. This technology was introduced into the IEEE standards body and now known as 802.1aq Shortest Path Bridging MAC-in-MAC (SPBM). ME. NEWS RON, q 11!1�g I WN: EEE802.1aq 2012 Shortest Link State 16 million Only service IEEE: Layer 2 1 ETF Path protocol (IS- access draft: Layer 3 Bridging IS) points Unicast& (SPBM) Multicast SPBM is based on the 802.1ah encapsulation schema that does not depend on Spanning Tree to provide a loop free Layer 2 domain, but instead uses the nodal based IS-IS topology protocol. The IEEE is reworking the Spanning Tree specifications 802.1D to include the new SPB solution. The intention is that once the standard is implemented in network products, the network operator will be able to choose a shortest path bridging topology protocol or the legacy root tree-based option. One of the key advantages of the SPBM protocol is the fact that network virtualization provisioning is achieved by just configuring the edge of the network(service access points), thus the intrusive core provisioning that other Layer 2 virtualization technologies require (including 802.1Q-VLAN tagging) is not needed when new connectivity services are added to an SPBM network. For 9/11/2013 12:07 PMBidSync d.,q li9 31 p�,J�12 State of Utah Bid J P1 4001 example, when new virtual server instances are created and need their own VLAN instance, they are provisioned at the network edge only and don't need to be configured throughout the rest of the network infrastructure. This "edge-only" provisioning model provides a far faster time-to-service on the network side compared to the traditional edge and core provisioning. This is key in order for the network to match the speed improvement of new service instantiations (applications)on virtualized servers. In addition to the Layer 2 virtualization support that SPB provides, the model is being extended to also support Layer 3 virtualization.A more detailed discussion is provided later in this document. The boundary between the MAC-in-MAC SPB domain and 802.1Q domain is handled by the Backbone Edge Bridges (BEBs). At the BEBs,VLANs are mapped into I-SIDs based on the local service provisioning. Redundant connectivity between the VLAN domain and the SPB infrastructure is achieved by operating two SPB switches in Switch Clustering (SMLT).mode. This allows the dual homing of any traditional link aggregation capable device into a SPB network. IEEE also introduced a seamless redundant connection between SPB and Spanning Tree domains as part of the combined Spanning Tree/SPB standard. 4.3 Frame format SPBM's frame format is based on the packet header that is described in IEEE 802.1ah. ------ ---- ----------------------------------------------- D C 71,11-71 Disinbunn Lader _ A TQP, Servers yx, Ix VALialized Server Racks TOR L2 -------------------------------- - ---- - - - - -- ------ Figure 2- 802.1ah Frame Format The blue backbone encapsulation is "hiding"the edge/customer MAC Addresses, thus improving network stability as discussed previously in section 3.3. 9/11/2013 12:07 PIVI BidSync ,,;q rj� 12 State of Utah Bid JP14001 4.4 Protocol Infrastructure Example network topology to run SPB protocol: ,n. - smrrrnaaaaan_ ...211, Figure 3-.SPB Topology Discovery 1. Discover network topology Before calculating the shortest path trees, the network topology needs to be discovered. IS-IS, a natural Layer 2 routing protocol, runs on all nodes of the SPB domain. Through the link-based IS-IS protocol, session topology information is exchanged (similar to OSPF). Each node hes a node ID which is used in the topology announcement.Also, each node hes one Backbone MAC address (BMAC) which is used as source- respectively destination MAC Address to send traffic to this node across an SPB network. 2. IS-IS nodes automatically build trees from itself to all nodes As soon as the network topology is discovered and stored in the IS-IS link state database (LSDB), each node calculates shortest path trees based on preconfigured link-metrics for each source node. Important Properties • Shortest path tree based on link metrics • No blocked links • RPFC to eliminate loops • Symmetric data path between any two nodes provides closed OAM system • Unicast path now exists from every node to every other node 9/11/2013 12:07 PM BidSync d,- 5 V1�1j6 12 State of Utah Bid JP14001 3. Uses IS-IS to advertise new service communities of interest When a new service is provisioned, its membership is flooded throughout the topology with an IS-IS advertisement. ,e. �rP TrP. CREATE mP- 180=100 w - Figure 4-SPB ISID advertisement GMAC and ISID information is flooded throughout the network to announce new ISID memberships. In this case VLAN 20 is mapped to ISID 100. CREATE 13 D=100 Figure 5-SPB BMAC/iSID population ave gz 9/11/2013 12:07 PM BidSync 1 12 State of Utah Bid J P1 4001 Each node populates its FDB with the BMAC information derived from the IS-IS shortest path tree calculations. Thus there is no traditional flooding and learning mechanism in place for the BVLAN, but FDBs are only programmed by the IS-IS protocol. 4.When nodes receive notice of a new service AND they are on the shortest path, update FDB In this scenario, where there are three source nodes having a membership on ISID 100, there are three shortest path trees calculated (not counting the Equal Cost Trees (ECTs)). The following diagrams depict the traffic flow for this formed ELAN. CREATE ISID=10 A C Figure 6-Shortest Path Tree for Source Node A -7 ava)� ,1,1,,,12 9/11/2013 12:07 PM BidSync %�qY)711'. . State of Utah Bid JP14001 s CREATE ISID=10 A r s s B Figure 7-.Shortest Path Tree for.Source Node B CREATE ISID=10 A C .� TM B Figure 8-.Shortest Path Tree for Source Node C ave 9/11/2013 12:07 PM BidSync �i�i 12 8� h 1 State of Utah Bid J P1 4001 The paths between any two nodes are always the shortest paths.Also, the paths in either direction are congruent, thus a bidirectional communication stream can be monitored easily by mirroring ingress and egress on a link to a network analyzer. (As a comparison, the same is true for Spanning Tree based networks, but not true for TRILL- based networks). VLAN traffic arriving on switch A and VLAN 20 is forwarded following the blue path, traffic arriving on switch B and VLAN 20 the orange path and on switch C VLAN 20 traffic is following the green path. If the destination CMAC is unknown at the SPB ingress node or the traffic is of type broadcast or multicast,then it is flooded to all members of the topology which spans VLAN 20. If the destination CMAC is already known,then the traffic is only forwarded as a unicast to the appropriate destination. In the SPB domain,the traffic is switched on the BMAC header only.The bridge filtering database(FDB)at the VLAN to ISID boundary(backbone edge bridge BEB), maintains a mapping between CMACs and corresponding BMACs. E.g.Switch B learns all CMACs which are on VLAN 20 connected to switch A with the BMAC of A in its FDB and the CMACs which are behind C are learnt with the BMAC of C. 4.5 Service Layer QoS Quality of Service (QoS) is maintained in a SPB network the same way any IEEE based 802.1Q network is operated. Traffic ingressing a SPB domain which is either already 802.1p bit marked (CMAC), or is being marked by an ingress policy(remarking), is getting its BMAC p-bits marked to the appropriate value. The traffic in a SPB core is scheduled, prioritized and forwarded according to the 802.1p values. In the case where traffic is being routed at any of the SPB nodes, the IP DSCP values are taken into account as well. Future enhancements to SPB will allow explicit paths through a SPB domain to be predefined. This provides the ability to setup traffic engineered paths through a network, avoiding congested nodes. 4.6 Forwarding Behavior and Security The following example illustrates the differences between SPB's forwarding behavior and that of MPLS. Traffic ingressing a SPB domain is forwarded across the backbone by using the Destination BMAC as the tunnel label.The I-SID is then used at the egress node to define which virtualization entity this particular flow belongs to(VLAN,VR, IP MC stream). In contrary to MPLS,neither BMAC nor I-SIDS are changed throughout the journey of the packet through the backbone.SPB's advantage here is that the intermediate nodes don't need to stitch two identifiers together,which MPLS requires on each node due to its LSP swapping technique. In a potential MPLS Label Distribution Protocol (LDP)error potentially two LSPs are connected together,which don't belong together,as a result this could lead to a security leak in MPLS. Both technologies employ the use of a tunnel and a service label to separate flows from each other. 9/11/2013 12:07 PM BidSync ava)�%,;q nl�jffi,,12 State of Utah Bid J P1 4001 4.7 Layer 2 VLAN Extensions The main application of the standards based SPB solution is to provide robust and scalable VLAN extension across an Ethernet switched network infrastructure. Its shortest path bridging capabilities makes it a powerful replacement for today's spanning tree based solutions.As earlier pointed out, the great improvement in simplicity is achieved by the service access point provisioning model, thus leaving a network core to be a true core without having to worry about new connectivity service being added at the edge. 4.8 Failure and Recovery Link and nodal failure in a SPB network trigger an IS-IS link state update. Only the nodes that are part of the network affected are recalculating the topology and update their forwarding entries. In typical enterprise networks, a restoration after a failure can be expected within one second to occur. Key to this fast restoration is that a link failure can be detected as quickly as possible. For this either the IEEE based link failure detection 802.1ag (CFM) should be used or similar detection mechanism such as VLACP. 4.9 Scalability The solution is built for hundreds of SPB nodes running hundreds of services (-ISIDs) throughout the network. While the standard allows addressing 16 million service entries, the nodal limitation is set to 4000 initially. 4.10 Routing Between Extended VLANs A functionality which is commonly used in traditional 802.1Q environments is the ability to route traffic between VLANs. This capability is also provided in a SPB environment by enabling InterR-ISID routing. This allows the network to use SPB nodes as default gateways/routers for extended VLANs without having to terminate the I-SID at an edge node. This is particularly interesting in a data center deployment where the top of the rack devices are also SPB capable, but are purely Layer 2 devices. In this scenario, the first routing hop is provided at the aggregation layer which exists deeper into the network. 4.11 SPB and Edge Connectivity with Switch Clustering As earlier described,the boundary between the MAC-in-MAC SPB domain and 802.1Q domain is handled by the Backbone Edge Bridges(BEBs).At the BEBs, VLANs are mapped into I-STDs based on the local service provisioning. Redundant connectivity between the VLAN domain and the SPB infrastructure is achieved by operating two SPB switches in Switch Clustering(SIVILT)mode.This allows dual homing of any traditional link aggregation capable device into a SPB network. 4.12 Layer 3 VRF Extensions Whether it is an airport authority supporting multiple airlines on its infrastructure or a government IT department in charge of supporting various 9/11/2013 12:07 PM BidSync a v a ypa 5eo"gjl,3 12 State of Utah Bid J P1 4001 clients (such as administration, police, education), they have all in common that they want to provide traffic separation on top of one shared network infrastructure. Typically these deployments start with VRF separation, but in most cases those VRFs need to be extended across the network infrastructure. IVIPLS-based IP VPNs can be used to provide Layer 3 virtualization support. However the target applications of MPLS based IP VPNs are large scale carrier deployments, for enterprise network operations teams, the layers of complex protocols are a big hurdle for using it. Draft IP/SPB-Unbehagen describes an extension to SPB that leverages IS-IS to not only build Layer 2 domains, but also provide a very flexible Layer 3 VRF extension capability. This integrated model approach does not require any additional protocol to support Layer 3 virtualization. Typically Layer 3 VRFs can now be provided at any SPB node in the network in parallel to the Layer 2 VLAN extension solution. IS-IS carries the VRF specific route entries in its link state updates. The I-SID is used in this model to provide VRF separation. 4.13 Network Simplification by Protocol Overlay Reduction Today's Model New Model Legacy LAN Switching S'P[3m!PLSP,1SliortestPath B@ckborie Bridging lPiShortest Path Backbone Bridging Lay.,3 vi'lospRF01, A ftir,'ask So LaRT, y inne.r3MItual NZ4414, M 0, Lay-rT, Layer 3' Layw I L.y.,2 Lager Vjril 3 ":V'l, "'o, Seri service UVer3 JriiraWl� Sri -------------------------------- L 2 sc Service"" CVLAN) S-T;� ;D`, S 0 N E T,SDH Protocol Infrastructure Layer separated from the "n", iRi Connectivity Service Layer SPB simplifies network operation by removing a set of overlay protocols and collapsing them into one link state based protocol: IS-IS. At the same time, it achieves true separation between infrastructure and service layer by leveraging the service ID concept (I-SID). With the inclusion of IP/SPB into the SPB protocol simplified provisioning and operation for Layer 2 and Layer 2 Unicast and Multicast virtualization is achieved. Due to the service separation by I-SID, there is no dependency of SPB virtualized services among themselves occurring. Compared to the traditional model true OPER savings can be expected due to the protocol simplification. 9/11/2013 12:07 PM BidSync ave d,,q 1I 11, 12 State of Utah Bid J P1 4001 Section 5: Value Proposition Summary SBP enables enterprises to improve the delivery of always-on content and simplify the deployment of the private cloud. It is an open, standards-based approach that offers increased reliability, a reduction in time to service from days/months to minutes, better utilization of network resources (no need for blocked ports), and greatly improved manageability and network uptime when compared to alternative models. With its applicability to both data center and campus applications, SPB delivers a consistent enterprise-wide model for delivering highly resilient access to applications and services with light-touch provisioning. Customers don't have to interconnect differing forms of technology, one for the data center and others for the campus and MAN/WAN -our architecture is truly end-to-end. And crucially SPB can be deployed over any type of network architecture whether it's a ring, full mesh, square etc and can be enabled in parallel with all other protocols presently in use on the network. There is no need to change physical connections or existing configurations;you can migrate to SBP at your pace in the most non-disruptive manner possible. • The benefits of on Shortest Path Bridging solution: • Avaya's Enhanced SPB not only supports L2 virtualization (E-Line and E-LAN services) but also L3 virtualization. • End-to-end secure traffic separation: Unlike legacy VPN models, with SPB traffic is not recombined into shared networks within the core. • Rapid Time to service: a VLAN/VRF extension across the network can be established in no time due to the simple end point provisioning and automatic connectivity establishment. • Robust Infrastructure and increased network uptime:The link state based infrastructure protocol provides quick failure recovery. • Dual-homing: Traditional Switches can be attached to the SPB cloud redundantly using Switch Clustering. • Separation between service and infrastructure:Adding new infrastructure (links, switches), does not require to have knowledge of the services that run on top of the network, as well as any kind of topology is supported, thus network operations and design flexibility is greatly improved compared to traditional networking. • Smooth migration from traditional networking to SPB based virtualization for both data center and multi-tenant campus requirements. In summary, with Avaya's Enhanced SPB, enterprises will have the agility and flexibility that they seek of their networking infrastructure.As the pace of change increases and the desire to embrace new enabling application grows, enterprises will have a truly dynamic networking environment, free of the old- world constraints and limitations. 9/11/2013 12:07 PM BidSync a v a yp-1,66off�4 1l,5l 2 State of Utah Bid J P1 4001 Section 6: Deployment Scenarios 6.1 The Virtualized Data Center 6.7.7 The Requirement This section depicts a typical larger enterprise network with a backbone (core) and multiple (two) clatacenters. The rest of the network (user aggregation) is omitted to simplify the drawings. In this scenario the clatacenters are being virtualized with compute virtualization technology such as VMware's ESX infrastructure or a similar technology(e.g. Microsoft Hypervisor). One of the most used functionalities of virtualized server environments is the capability of moving virtual server instances from physical server to another physical server. These servers can reside locally in the same data center, or they can be on a remote location across the backbone infrastructure. In both cases, in order to move and access the server instances the IP subnet, where the server reside on, needs to be extended to the new physical location. This is because the servers retain their IP address even after a move to a new location. Since there is a "one-to-one" mapping between IP subnet and VLAN, the VLAN (broadcast domain) needs to be extended to the new location server location. �4, 1011 1 -------- --------- -------- --------- ------------------- ------------------------- - -- --- Data Center I Data Center 2 GB Nr Dist ribution Layer Ge neer.Aggregation LaVer H3rizrjnlql Stacking 5, Artualized b,rvers �,, vm�,c bs� Xx, EV.- 13 ----------------- ------------------------------------------------ Figure 9-Data Center Virtualization This figure depicts the extended VLAN/IP subnet (broadcast domain). avay,i�&pff�A -- 9/11/2013 12:07 PIVI BidSync 116 12 State of Utah Bid JP14001 a� 3 _-a Data Center 1 �.� Data Center 2 F � i Suver Distribution Layer i AL". Server Aggregation Laves Hori7ont9l Stacking Virtuallzetl ServersV K,{�ys {�yt 4( 3, Figure 10-Extended VLAN 6.7.2 The.solution The following section explains in a few steps how SPB can be leveraged to enable server move and it also outlines the greet benefits SPB provides. The following picture shows the network infrastructure as well as the virtualized servers, which are connected to ToR switches. The ToR devices can be built as a Horizontal Steck, or they can be duel-homed (Switch Clustering)to the data center server aggregation switches. The SPB infrastructure hes been put in place and spans all routing switches. In this example the virtual servers which are to be moved from one physical server to another are on VLAN10 which corresponds to IP subnet 10.10.10.0. F;5d,P3 P, "Ipd;79:A8 I� �E:65U2 G�:2��4 C25:92 AA;23;8} iea �+ r Infrastructure r , z SPOm layer Figure 11-Data Center Infrastructure and Service Layer 9/11/2013 12:07 PM BidSync %4011,7 1 2 State of Utah Bid JP14001 In order to be able to move the virtual server transparently from one physical server to another physical server,the VLAN/IP subnet needs to span across the network. �2esan� 17 a�a�gea n��seg M,25A2 IT s ' �arrme�PluF�y lnfraatrueture ' SPBmlayer Figure 12-Extended Subnet Traditionally this would have been done by configuring a VLAN across the network. Due to the earlier discussed issues, a more robust solution which fulfills the additional requirements should be chosen. SPB allows spanning VLAN10 from one location to another by binding the VLAN10 at the first SPB-capable node to an I-SID (I-SID 100). The network then automatically connects all the VLAN access points together using ISID 100. The network administrator only configures the service access points. Dual-homing of user VLANs is also supported using the Switch Clustering technology. Integration of SPB into existing networks It is important to note, that a SPB protocol infrastructure can be put in place without having to change the existing protocol infrastructure. Most Ethernet based networks use 802.1Q tagged interfaces between the routing switches. SPB requires a couple of Backbone VLANs (BVLANs)which are used as the transport instance. A BVLAN is not a tranditional VLAN in the sense that it does not flood Unknown and Broadcast/Multicast traffic, but only forwards based on IS-IS provisioned backbone MAC tables. Once the BVLANs are configured and the IS-IS protocol is operational the services can be mapped to service instances. For migration purposes the user/server VLANs can be moved from the traditional transport to the SPB based transport, one VLAN at the time, enabling a smooth migration. 9/11/2013 12:07 PM BidSync " . l,, l2 State of Utah Bid JP14001 Size w MA WVrk . Xayax a h �P7�`�tFitdF� fF7 �An Figure 13-SBPm VL4N to ISTD Mappings In most scenarios, those IP subnets need to provide an IP routing connection to the rest of the network. The so-celled Inter-I-SID routing functionality provides an implicit routing capability on SPB nodes, that allows connecting a routing interface to an I-SID, thus packets are routed directly from I-SID to I-SID without having to be externally looped back to a VLAN-router. This capability simplifies network topologies and saves cost. Z . Figure 14-SPB Inter-I-SID Routing Summary of benefits: • Full support for server virtualization technologies:SPB enables easy"moves" of server instances across the network infrastructure. • Rapid Time to service: a VLAN/IP subnet extension across the network can be established in no time due to the simple end point provisioning and automatic connectivity establishment. • Robust Infrastructure and increased network uptime:The link state based infrastructure protocol provides quick failure recovery. 9/11/201312:07 PM BidSync A 011, 12 State of Utah Bid J P1 4001 • Smooth migration from traditional networking to SPB based virtualization support • Dual-homing:Traditional Switches can be attached to the SPB cloud redundantly using Switch Clustering. • Avaya's SPB not only supports L2 virtualization with SPB but also L3 virtualization. • Separation between service and infrastructure:Adding new infrastructure(links, switches),does not require to have knowledge of the services that run on top of the network,as well as any kind of topology is supported,thus network operations and design flexibility is greatly improved compared to traditional networking. 6.2 Deployment Scenario: MultiTenant City Network 6.2.7 The Scenario This section depicts an example of a city network which is providing connectivity services to multiple tenants including:education, administration, government, fire, and police. The tenants are spread across a metro region and are all operated by one network administration. The city operates two data centers, which are using server virtualization techniques that require transparent connectivity between the data centers. .rincte Office Judicial Build g IiIY School Gover- Admi, ration Building MM Wvity ""t, ffil-, '77 Fir,St�.n Data Center D Center Fi,e Stati.. � �IiMI Police Station Mr Police Station Administration Figure 15-City Network with Several Departments 6.2.2 Secure network domains All departments share one backbone infrastructure, but the departments are all operating in their own secure domain. There shall not be any communication between departments without traversing dedicated firewalls which are located in the data centers. ova 9/11/2013 12:07 PM BidSync 4%6c� ,,12 %4gj State of Utah Bid J P1 4001 Police Fire Education G- Adm intra Network Depart- Network Networkti.n Ment Network I' Judicial Buildi School rf Go—orn Admin ration Building pj Remote Ifice Uni—Ay Pate Center DstaCenter Fire 41- Fir,Station j Police Station Police Station Administration Figure 16-Secure Domains and their Network Distribution 6.2.3 Core Network-Physical Layout The blue nodes are SPB capable routing switches which are connected through any type of Ethernet connection. 10 ION OOP OOO-10GE SPBM Ethernet Routing S—Itch Dark Fibre Net—irk Provider Wool NoNmirk Net. Figure 17-Physical Layer The Ethernet can be run over dark fiber, copper, transparent LAN service, carrier E-Line service, CWDM, or DWDM; any type of bridged Ethernet connection as long as the max packet size supports the MAC-in MAC-frames. 9/11/2013 12:07 PM BidSync a v a yi6 Fjpff�A 12 State of Utah Bid JP14001 The SPB nodes are connected through a set of backbone VLANs (BVLANs), which don't operate in normal bridging mode, but rather have flooding and learning disabled. The SPB-I-SIS protocol is managing the Bridge Filtering Databases (FDBs). One instance of IS-IS is running on all nodes and is responsible for topology discovery as well as virtual network orchestration. SPBmBackbone VLAN(BVLAN) IS-ID RoAng 8021" SPBm SW itch Tagged Link Figure 18-.SPB Protocol Layer 6.2.4 ULAN Extensions Some of the departments may need to provide Layer 2 extensions across the backbone. SPB provides E-Line point-to-point and E-LAN (any-to-any) connections. Data center bridged connections are frequently required to enable functionalities such as Vmotion from VMware, where server instances can be moved dynamically from one data center to the other. SPB provides a robust and resilient solution for this. 9/11/2013 12:07 PM BidSync 1�2 12 State of Utah Bid JP14001 t SPBm 802.10 LS-ISf Routing Tagged Link SPBm 1 SN kh VNth Backbone VL N rl �y ' Figure 19- VLAN Extensions 6.2.s{fRF Extensions Virtualizing Layer 3 leverages the Virtual Route Forwarder functionality on routing switches. In order to "connect" department specific VRFs across the network, they are assigned to service instances (I-SIDs). IP/SPB then exchanges the VRF specific routing tables automatically and the traffic is forwarded along the VRF-I-SID. Ate A k Pol Ed cation Fire Po mi-0 Ne:wcd, Oepartmem stra[ion 9nr��, Bery Berner S 5 rver Server � tr Figure 21 -Access Network 9/11/2013 12:07 PM BidSync 12 State of Utah Bid J P1 4001 6.2.6 Dual homing access network to SPB backbone Dual homing of the access network to SPB backbone switches is provided by using the Split Multi-Link Trunking connections directly into the SPB cloud.At the SPB Edge node, VLANs and VRFs are mapped to service instances (I-SlDs). The solution provides a resilient and robust connection into the core. P'li" O"Xi" F ltli-GN...* NP.- 74- Figure 22-Dual Homing of Access Switches into SPB Nodes Traffic ingressing on the grey VLAN is mapped at the SPB node into I-SIDs 100/101 and switched across the SPB core to the destination. Traffic ingressing on the blue or orange VLAN is routed on the blue or orange VRF, as appropriate, and switched across the SPB network to it's destination on I-SIDs 20x/30x. VRRP or RSMLT can be used to provide default gateway redundancy. Traffic on the blue or orange VLAN which is not targeted to be routed by the default gateway can be bridged across the SPB cloud as well (not shown, I-SIDs would have to be assigned to VLAN blue and orange directly in addition to the VRFs.) avayj�,�qy�jjg 9/11/2013 12:07 PM BidSync . 1112 State of Utah Bid J P1 4001 Section 7: References 7.1 IEEE * 802.1113 (2004)- MAC Bridges - 802.1w- Rapid Reconfiguration of * 802.1p-Traffic Class Expediting and Spanning Tree Dynamic Multicast Filtering (published in - 802.1ag - Connectivity Fault 802.ID-1998) Management * 802.IQ-Virtual LANs - 802.1ah- Provider Backbone Bridges * 802.1s- Multiple Spanning Trees - 802.1aq-Shortest Path Bridging 7.2 IETF - I P/SPB-1 P VPNs:Iittp.//too�s.letf.org/litsni/draft-u�ibehage�i-spbb-ip-ipvpn-00 For any comments,edits,corrections,or general feedback,please contact Roger Lapuh (rogerlapuhCo)avaya.com)or Dan DeBacker(ddebacke(Favaya.com). Acronym Key Throughout this guide the following acronyms will be used: IBEIB: Backbone Edge Bridge (Edge IS-IS., Intermediate system to MAC-in-MAC node in a SPB network) intermediate system Routing MRLE: Multi Protocol Label Switching JBMAC: Backbone Media Access Protocol NIC: Network Interface Card Control Address IP/SPB: IP Shortest Path Bridging PlBIB: Provider Backbone Bridging DCIB: Data Center Bridging SMLT:Split Multi-Link Trunking PBT:Provider Backbone Transport ECT: Equal Cost Tree RSMLT, Routed Split Multi-Link PLSIB: Provider Link State Bridging ELAN:Emulated Local Area Network Trunking VLAN:Virtual Local Area Network I-SID:SPB Service ID SPE:Shortest Path Bridging VRF:Virtual Route Forwarder SPIE 1:Shortest Path Bridging - @ 2013 Avaya Inc.All Rights Reserved. All trademarks identified by @'T',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 02/13-DN4469-04 9/11/2013 12:07 PM BidSync ave 11 Y,,,l 2 State of Utah Bid JP14001 s�a'id,a�s�a�s�a�s�a�rs�a�s�a�s�a�Sh,a�s�a�s�a"�sp„ AVAYA The Power of We" Video Surveillance IP Multmicast over Avaya Fabric Connect A fast growing r IP VideoSurveillance Already a critical component of the Network i safety and security procedures for many Checklist organizations,video surveillance Scalability-How many surveillance deployments are expected to grow at an cameras can your network support? annual rate of 24! through 2016 (IMS m Research). In addition to providing real- Most IP multicast video surveillance time monitoring of personnel, assets solutions limit scaling to a few thousand and the physical environment,video streams which curbs wide deployment surveillance supports law enforcement of multicast solutions. Because video efforts such as those surrounding the surveillance is relied upon to record Boston marathon bombings. events such as prison breaks and security breaches, the network on which Unfortunately, many networks are not it runs must be able to scale to meet equipped to deal with modern IP video changing traffic demands. surveillance applications. When data generated by state-of-the-art, high- Availability-How quickly can your definition surveillance cameras runs IP video surveillance solution over ill-equipped networks that rely on re-converge? IP multicast protocols developed 15 or Any failure in the network can result in more years ago, the full potential of sub-optimal recovery times for an IP surveillance data cannot always be video surveillance solution. Slow realized. Resolving this issue, IP re-convergence can result in minutes or multicast over Avaya Fabric Connect hours of lost video, a situation that could provides the scalability, flexibility and escalate from inconvenient to ease of deployment required to dangerous. Make no video loss your accommodate today's high-powered standard. video surveillance traffic. BidSync � '11j6 12 State of Utah Bid JP14001 Pab'i c Connect lox Scalability AN 3x Performance _� , Faster r ' cVrr I NINE Simplicity and Predictability-How infrastructure vulnerable to security Expect Success quickly can you configure your breaches such as VLAN jumping. vaya bricw Connectsolution and predict performance? Deploy a network that offers secure offers an IEEE/IETF IP multicasting is complex. Relying on end-to-end traffic separation without protocol overlays that must remain in the overlay. standards-based Oltltion. synch with underlying network Avoiding the complexity topologies, it requires a large of traditional Overlay operational budget and staff. Choose A new standard in a solution that eliminates complexity t�lticwt rc�t�tir�cscalability, simplicity, and offers predictable traffic protocols, it simplifies availability performance. all IP video SUrveillance deployments from small Security-How can you provide a Over the past few months, Pelco, a to SLAper large. secure infrastructure for video pioneer in the video surveillance surveillance traffic? marketplace, has been trying to break the Avaya Fabric Connect solution. To ensure that surveillance traffic is With an extensive global customer isolated from other traffic, many base, hundreds of thousands of organizations deploy a dedicated successful installations and over 20 surveillance infrastructure. Most years of experience in video security, traditional LANs, however, do not Pelvo is one of the most respected deliver true end-to-end separation of vendors in the industry. traffic which makes such an 9/11/2 13 12:07 PM BidSync Page 1144 pf 11 12 State of Utah Bid J P1 4001 omplexity: "As I am going through the configuration I must have said at he biggest pain of what I do as a multicast architect is the least 15 times,this can't be it.This can't be all that I have to do to complexities of PIM.We have in my opinion a broken model. make this work.Once you configure the SP13 core,you don't We've got Spanning Tree then a L3 routing protocol then PIM- have to touch it. It's a simple 2 or 3 line command to modify this when something breaks you have to wait for all of this to network.It's a revolutionary change both in performance and reconverge." in simplicity of deployment." Re-Convergence ...what we saw was lightening fast convergence where you "I have had 4000 active multicast flows on the network and I had might have a little pixilation but no video frames lost." 32 on a monitor wall. I disconnected one of the fibers and asked "Multicast services reconverged faster than I could record it. my executives then to point out where the video loss was. Traditionally in this environment that is going to lock our software up.We are going to a reconnect state and our software is going to struggle to catch up....... Performance ...the interesting thing with Avaya... I never saw the CPU rise "In the event of a prison breakout,a guard might want to hit a higher than 6%." button and populate a monitor wall with 256 video feeds simultaneously...When you hit 256 simultaneous register messages going back to the rendezvous point it's extremely CPU intensive.. (Healthy)Skepticism ...then I was shown the technology and I was blown away. "When I was initially contacted by Avaya my initial response was It really is phenomenal." no.Then I was sent a whitepaper and it peaked my interest... Complex Simple - Multiple protocols(PIM over OSPF) • Easy to design - In typical multicast networks today,PIM must be enabled - Single protocol(IS-IS) on all routers globally and on all core interfaces and Traffic takes direct route to destination local edge interfaces where multicast is required. Easy to deploy and troubleshoot • Traffic routed through rendezevous point Standards based - IEEE 802.1 ag extensions Complex to operate and troubleshoot Edge provisioning only - Proprietary tools • Single command configuration • No need to touch the core Slow Recovery Lightning-fast Recovery • Recovery takes seconds,even minutes • Sub-second recovery times(<200msec)protects applications • Key video may be lost and/or gaps in archived materials Video always available created Limited Scale Massive Scaling • 100s of streams - Tens of thousands of streams supported • Most systems max out at 1-to-2 thousand Security Vulnerable Secure - Limited solutions offer end-to-end traffic separation - Avaya Fabric Connect provides a totally private,closed network - While MPLS can isolate traffic,its design,deployment,and for multicast traffic(L2 and L3 VSN)that delivers end-to-end trouble shooting is highly complex separation Learn More To learn more about the Avaya IP Video Surveillance solution, please contact your local Avaya representative. 9/11/2013 12:07 PM BidSync ��jj�12 \ State of Utah Baum q@ <:m!waya Inc.«m,m All trademarks identified by«»or©,eregistered mr«w»er«and service marks,respectively,of Avae Inc. 08/13-DN733^ BaGs Page 1146 ƒ/12 ' ° ' ;lti aSt 7h tt �; iti�i �I�t7t �;t �lt�� it State of Utah Bid JP14001 AVAYA The Power of We TI Create Outstanding User Experiences with an All Avaya Solution N t Which vide call would you rather join? 4 It all comes down to user experience.As applications it serves because it auto Zeus Keravala, principal analyst at detects and auto provisions them. Real- ZK Research, puts it: ". . . focus on time Avaya contact center reporting, for delivering a high-quality user example, gets the network priority it experience as this will have the biggest needs to keep supervisors apprised as impact on worker productivity.—While to how well customers are being served Q rapid adoption of video and Bring Your right now. And, when a VP at a financial Own Device (BYOD)continue to fuel the institution participates in an Avaya evolution of enterprise networks, smart Radvision Scopia®R video call, her call businesses understand that investing in won't dissolve just as final terms and applications pays dividends only if conditions are being tweaked because employees use them. her video client is able to auto-detect " and acquire the network resources she That's why Avaya takes an application- needs. first approach to networking. We call it Avaya on Avaya — integrated pre-tested Ease of Implementation solutions that accelerate time to service and resolve issues proactively through Avaya on Avaya offers fast, error-free enhanced performance monitoring. provisioning that accelerates time to Avaya on Avaya is focused on ensuring service so your business can get to that network attributes relate directly to revenue generation rapidly. With a the applications that use them and that single command, our quick start ®� the network is 100% subservient to the configuration scripts set up Avaya applications that ride on it. On a switches in less than one minute. properly-sized, application-aware Avaya Likewise, once an Avaya plug-and-play network, for example,video—a high- IP phone is plugged into an Avaya bandwidth, real-time application—is switch, one simple command provisions " given priority over non-real-time its port in under a minute. applications so that it can meet user expectations for quality and, as a result, Ease of Support deliver the business benefits it is Avaya Integrated Fault and Performance intended to deliver. Monitoring provides network visibility including real-time statistics on delay, Benefits of Avaya on jitter and traffic flow, enabling you to Avaya resolve issues faster. Essential for support personnel, the Avaya SLAMon Best-in-Class User Experience agent provides enhanced Service Level Monitoring via a path (versus a per- Unlike a typical network with limited node) level view to monitoring. The (if any) knowledge of the applications SLAMon agent is available in Avaya IP running over it, an Avaya on Avaya Phones today and will be extended to network is application aware. This Avaya switches soon. means that it understands the I7 requirements of the Avaya f1190 2 BidSync '1 State of Utah Bid JP14001 Enhance Productivity � r Enhance productivity and sharpen your competitive edge ', by ensuring that the advanced network capabilities yoU46 VoJP Desk Sets Customer Avaya Desktop Flare:on!Pad adopt contribute to meeting the evolving demands of your cage sets Video users and your applications. Learn To learn more about how an all-Avaya solution creates a superior user experience, contact your Avaya account manager,Avaya authorized partner or visit us at www.avaya.corn ERS 3500 ERS4800 Avaya on Avaya delivers a superior user experience The Avaya Difference and better value for IT :MEN= Auto QoS and Avaya's automatic Quality of Service and Fast error free implementation Configuration configuration tools enable Avaya IP Phones and In minutes versus hours devices to be configured quickly,reducing the burden on IT staff. Plug N Play Avaya's quick start scripts ensure your equipment is Accelerates time to service Provisioning up and running in minutes Error free configuration ® No data expertise required Integrated Unified management across Avaya UC and Ease of Support Management Networking products ® Visibility to entire network Enhanced Service Avaya's Enhanced SLA Mon solution provides a path Proactively monitor/resolve network performance Level monitoring level view to monitoring—for example the path issues specific to the application between two users on a video conference call. Resilient Stacking Avaya's resilient stacking allows customers to easily Easier to manage and scale and simply add switches,enabling the stack to be Pay as you grow scaling managed as a single unit while minimizing any single Increased resiliency with simplified management point of failure. Hot Swap Unit Hot swap unit replacement is a key feature of Avaya's No disruption to the user/application Replacement Resilient Stacking capability.This allows a switch to A user can be on a HD video session and a unit/ be removed from a stack while running,and another switch can go down with no impact to the session unit to be placed into the stack without service disruption or maintenance windows. Optimal PathAvaya's switches allow traffic to be forwarded up or Best in class user experience Selection down the stack- not round robin like other vendors Application traffic is routed via the most optimal where traffic is forwarded in one direction. path Quicker Fail Over Avaya's innovative`Active-Active'model means Best in Class Uptime Time network elements are always available because they ® A user can be on a HD video session and a link can are passing traffic through all links,bypassing the go down with no impact to the session. need to recalculate recovery routes(as is the case with Active-Standby models). Reduced Costs ® Customers can save money and switch capacity by eliminating hardware that only is used in a crisis (Active-Standby) Fabric Connect Avaya's innovative`fabric'network solution is High performance for mission critical applications analogous to a freeway overpass system. It ensures Reduced latency and jitter applications take the most optimal route through the network and offers efficient load balancing. Holistic BYOD Avaya offers a holistic, pre-tested solution for BYOD Your Trusted Advisor for BYOD Solution comprising UC,networking,services and Avaya is your one stop-shop partnerships. About Avaya Avaya is a global provider of b...s€ness collaboration and conirm..inications sol...t,ions, providing ...inified conirm..inicai ions, contact centers, networking and related services io companies of all sizes ar<:>:.ind the world. For more information please visit: .avaya.com. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.or Radvision,an Avaya Company. 02/13•DN7210-01 9/11/2 13 12:07 PM BidSync Page 11481pf,JT12 State of Utah Bid JP14001 AVAYA The Power of We" �s Avaya Configuration and Orchestration \t 1 It's a fact. Applications that support strategic business plans and goals are more dependent than ever before on complex network services and protocols. And, although these services and protocols are becoming more complex, installation and configuration of them shouldn't have to be. That's where Avaya Configuration and Orchestration Manager comes in. What is Avaya Configurationconfiguration time by as much as 70 and Orchestration percent, freeing up valuable IT expertise. Avaya Configuration and Orchestration Avaya COM's powerful user access Manager is a real-time web-based network controls not only protect the network management solution that offers best-in- against unauthorized access, but also help class configuration, provisioning and avoid misconfiguration issues and troubleshooting for a wide range of downtime.And if you want insight into network devices and technologies. who made changes and when, the solution's audit logs allow you to see all Designed to support multiple users, the the details, including who, what and when. topology-driven Avaya Configuration and Orchestration Manager is ideal for Element management is performed companies that want a cost-effective, through scalable plug-in software called easy-to-use and easy-to-manage solution Off-Box Enterprise Device Manager that simplifies configuration and device (EDM). With EDM,you can manage all provisioning. elements from one server— including assigning specific users access to a given Avaya COM allows authorized and device. Unlike on-box solutions that have authenticated personnel to conveniently, limited processing power, Off-Box EDM is quickly and securely configure devices on able to leverage the server's powerful CPU the network regardless of where the user and memory to accelerate configuration or the device is located. processes and perform faster and better The solution supports the Avaya portfolio system monitoring. of Ethernet Routing switches,Virtual For organizations with older devices in Services Platforms, and Wireless LAN their network,Avaya COM also supports (WLAN) products as well as Avaya IP Java Device Manager(JDM) in addition to phones. Off-Box EDM.Avaya COM will automatically launch JDM or EDM Centralized element depending on the type of device. management and access A look at Configuration and control Manager sub- Avaya Configuration and Orchestration Orchestration Manager helps reduce the administration, managers complexity and related costs of Avaya Configuration and Orchestration configuring, provisioning and Manager includes multiple sub-managers troubleshooting your network—all from that allow you to monitor, manage and one central server. configure protocols and settings in network devices. For example, the As a GUI-driven solution,Avaya COM Multicast and VLAN management tools includes anywhere-anytime, network-wide allow network managers to quickly device element management, inventory, configure or re-configure networks to updates, and device and user access support new service requirements. control. Furthermore, its intuitive and easy-to-use wizards can help reduce f 7 BidSync a V eC101 I '1112 2 State of Utah Bid JP14001 "Vw/A Iff w ...�..�.....�..�.. ----------------------- .,.... Figure 1.Avaya COM topology views help monitor and simplify Figure 2.Devices can be grouped on the topology map to help network set-up simplify network views while improving manageability VLAN Manager to be mapped to a specific VRF Manager. The manager supports IP With VLAN Manager, network instance for access control and device Routing, RIP, OSPF,ARP,VRRP, IPv6 managers can create, delete or partitioning purposes, especially Routing and Ipv6 OSPF. modify VLANs across one or multiple where multiple users,enterprises and/ devices. They can also view VLAN or divisions may share a VRF-based Multicast Manager nodes across the network, as well as device' The Multicast Manager enables view VLAN membership, port Virtual Services Network Manager administrators to view and configure configurations and Spanning Tree devices that use multicast protocols, Protocol information.VLAN The Virtual Services Network(VSN) including viewing of multicast configurations can also be exported enables users to monitor, configure delivery trees. The manager supports to a flat file. and troubleshoot Shortest Path IGMP, DVMRP and PIM-SM protocols. Bridging (SPB) parameters on Avaya Multi-Link Trunking Manager ERS and VSP platforms. This includes Trap and Log Manager The Multi-Link Trunking Manager the ability to discover and provision With Trap and Log Manager, allows creation, deletion and editing the Layer 2, Layer 3 and BGP VSNs, as administrators can view traps and log of Multi-Link or Split Multi-Link Trunk well as view and troubleshoot the files for network devices, as well as SPB topology.VSN Manager further set event notifications. Trap/log /lo (MLT or SMLT) membership p g operates in conjunction with Avaya severity levels can be configured via information across devices in the Y g network. MLT and SMLT are key Virtualization Provisioning Service color codes and viewed within the technologies of the Avaya Virtual (VPS)to synchronize VSN/SPB event manager. The manager can also provisioning and monitoring with an the trap/log Enterprise Network Architecture propagate p/log levels to the (VENA) and enable multiple switch enterprise's virtual server topology map by the color codes. ports to be aggregated into a single environment. Event notifications can be sent to a logical port with access to the total specific host and/or port, as well as bandwidth. Multimedia Manager via e-mail. By consolidating traps and Multimedia Manager enables users to logs for all managed devices,Avaya Bulk Configuration Manager manage Ethernet switch parameters Configuration and Orchestration The Bulk Configuration Manager associated with Avaya IP phones. The Manager can eliminate the overhead centralizes file uploads or downloads Auto Detect/Auto Configuration of checking individual device event across multiple devices. This feature (ADAC)capability on Avaya Ethernet status. makes it easy to schedule, update and switches automatically detects and configures VLAN, port and QoS Security Manager deploy updated images or settings for Avaya configuration files across the network. r phones.allows users Security Manager helps centralize It can also perform centralized Multimedia Manager o network management access to backup and restore of device view and configure the Ethernet port devices discovered by Avaya settin configurations, including automated parameters (including IEEE 8 AC1ab Configuration and Orchestration re-boot after a restore operation. gs) associated with the ADAC Manager. This tool allows network service. managers to set, change and Virtual Routing and Forwarding Routing Manager synchronize passwords and security Manager features for CLI access, web access, With the Routing Manager, users can SNMP access, RADIUS properties and The Virtual Routing and Forwarding configure routing parameters on access policies. (VRF) Manager enables users network devices discovered by Avaya configure VRF services via a single Configuration and Orchestration GUI workflow. It further enables users 9/1 PJ+avayra.co M BidSync Page 1150 pf 1112 State of Utah Bid JP14001 10 Device Port Scan enables network 101 ® + ism= device port scanning to determine the 0"S \ t t\� Jt� t"Al MAC addresses of connected end nodes. The data collected from these User-based views allow administrators to Better control of user access to the create device groupings,which can be network. Simplified topology maps, scans is stored and put into a file assigned to users and/or displayed on the especially for large networks. format. Scans can be scheduled at topology map. regular intervals or manually Advanced event management lets triggered. administrators associate colors to trap quick visualization of network issues types or severities.When a trap is received, helps troubleshooting. Scheduler allows you to schedule topology map icons can be color- tasks submitted by sub-managers. highlighted and an e-mail sent to users. This tool runs in the background Proactive change management compares independent of Avaya Configuration device configurations to a previous Improved configuration monitoring and Orchestration Manager. It can baseline during and delivers results in a helps reduce network errors. report or e-mail message. execute scheduled tasks with or IP phone discovery with centralized without COM running in front. oversight of related Ethernet switch Enhanced integrated management of parameters. Avaya IP phones within the network. CLImanagementallows users to interact with the device using Telnet Increased scalability for larger networks. Up to 1,500 devices can be managed and SSH. CLI manager is integrated via a single license. with Avaya Configuration and Orchestration Manager, eliminating Inventory Manager to costly network downtime. Wizards the need to install the tool on are available for the following individual devices. Inventory Manager can discover and complex protocols and services: display lists of hardware and software Supported devices installed across the network. This - Split Multi-Link Trunking/Multi-Link - Virtual Services Platform 9000 — helps an enterprise build a Trunking (SMLT/MLT) Clustering v3.0 or higher consolidated view of its network equipment. Inventory information can - Virtual Local Area Network(VLAN) - Virtual Services Platform 7000 — also be imported or exported to an Management v10.0 or higher external file. - Virtual Services Networks (VSN) - Ethernet Routing Switch Software Device Patch Management 8600/8800 -v4.0 or higher Wizards and templates - Ethernet Routing Switch 8300 — Avaya Configuration and Key features and tools v4.1,v4.2 Orchestration Manager also facilitates - Ethernet Routing Switch 5510, the most complex network set-up TFTP Server allows file transfers 5520 —v6.0 or higher tasks through simplified, intuitive between servers without wizards and easy-to-use templates. authentication. You can also trace Ethernet Routing Switch 56xx— Operating through a guided information on file transfer when the v5.1 or higher workflow, wizards help create trace mode feature is enabled. - Ethernet Routing Switch 5530 — configuration templates that can v5.1 or higher be saved and used multiple times. art if is a tool that compares This can result in fewer keystrokes, ASCII-based switch configuration - Ethernet Routing Switch 48xx- files. Through analysis, it creates a v5.6 or higher accelerated installation and a reduction in errors that can lead Diff list that can be stored as a file. Ethernet Routing Switch 45xx— v5.2 or higher 1 !w tt n. i i Figure 3.Device events can be color-highlighted and viewed from the Figure 4.Bulk Configuration Manager enables centralized topology map management of device software f 7 9/11/2013 12:07 PM BidSync a va 1 11112 State of Utah Bid JP14001 • Ethernet Routing Switch 3Sxx—vS.0 or ,'p, i' i i Ut} )t r �z �.,�r�Qf t ff l t higher1 ?� i ,t; • Ethernet Routing Switch 25xx— v4.1 or higher ;.; Ethernet Routing Switch 16xx—v2.1.5.x or higher • wLAN 8100 —v1.0 or higherCerit=ralized�C�f �LciEDI is • WLAN Access Points 2200 state-of-the-art device and 2221 —1.3 element management • Belden Hirschmann devices software that allows you to manage all devices centrally from a single server. Through Off-Brix EDM, you have better control over who makes changes to «' devices. The manager �'V . offers: Read-only and read-write access control { User-based access control �st��ty� and device list managements {gni Support for up to 30 EDM user sessions concurrently Figure S. Ott-Box Enterprise Device User-based audit lags Manager(EDM) Learn More To learn more about Avaya Configuration and Orchestration Manager, contact your Avaya Account Manager or Avaya Authorized Partner. Or,visit us online at v y .com. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 06/12•DN5249-02 BidSync Page 1152 pf11112 State of Utah Bid JP14001 AVAYA The Power of We" " Avaya Ethernet Routing Switch 3500 Sermiesl ' I The Avaya Ethernet Routing Switch (ERS) 3500 is a series of six high- performance igh- perfor nce compact Ethernet switches specifically designed for SMEs, branches and open environments outside the wiring closet. Figure 7:The ERS 3500 product family A cost-effective, feature-rich solution, the ERS 3500 Series provides both standalone and stackable Ethernet switching perfectly suited to the unique requirements of SMEs and remote offices. -u The Avaya Ethernet Routing switch 3500 ports and 80 Gigabits of virtual backplane is a reliable, low-cost solution that capacity. The ERs 3500 stackable chassis provides converged services within single architecture can also improve network - or multiple sites typically of 200 users or availability and resiliency through hot- less. swap and link aggregation capabilities across the stack. It offers three models which can operate in fanless mode to provide silent operation Delivering high performance Layer 2 for classrooms, hospitality suites, retail switching, Layer 3 local and static routing, sites or other noise sensitive environments advanced convergence and a range of - outside of the wiring closet. security features, the ERs 3500 provides W enterprise class features at an SME price. It also supports IEEE 802.3at Power over It also can automate many of today's Ethernet Plus (PoE+) which can power IP manual processes to simplify operations phones, wireless access points, and reduce costs for the cost conscious - surveillance cameras and other devices. enterprise. Po E+ with its 32-watt power budget ensures investment protection for current as well as future high-powered end points. Simplified u For environments that need upside The ERS 3500 is well suited for smaller u capacity, all ERS 3500 24-port models environments where there might be little support Avaya's Stackable Chassis or no local IT staff. It is designed to be Architecture. This allows up to eight ERS simple to install, manage and operate. 3500 units to be cabled together to form And when deployed in conjunction with an a single logical chassis with up to 200 Avaya IP Office system the ERS 3500 BidSync '11,6 11 2 State of Utah Bid JP14001 offers increased operational simplicity over third party switching ` solutions through features that both simplify the initial deployment as well as ongoing adds, moves and changes. v� �1 Automated switch set up with Avaya IP Office Figure 2: ERS 3500 with IP Office, the Avaya Flared Communicator for For deployment scenarios where iPad Device and an Avaya 9600 handset there may not be a data networking support specialist on site, the ERS Validated interoperability with Certified 1-minute plug-and-play 3500 provides an automated script to Avaya IP Office for IP phones enable fast, error free installation Avaya has also validated Plug and play means that as soon as when deployed with IP Office. This interoperability between the ERS an IP phone is plugged into an Avaya installation script called "run ip office" 3500 and the IP Office system to Ethernet switch, the IP phone is automates the entire set up process ensure the two products work automatically recognized and on the ERS 3500 switch by utilizing together seamlessly. This eliminates configured. This feature can LLDP or ADAC functionality to any complexities associated with dramatically simplify the roll out of IP automatically set up voice and data having to provision, manage and phones and simplify ongoing adds, VLANs, QoS and policies on the IP troubleshoot a third party switch with moves and changes; empowering phones, meaning that IP Office and IP the Avaya voice/unified employees to move their own phones Phones are ready to be connected communications infrastructure. A without the assistance of an outside immediately. This helps ensure fast Technical Solutions Guide, available contractor. To enable this plug and setup and error free deployment to partners and end customers, play capability,Avaya offers IEEE according to Avaya best practices showcases best practice 802.1AB Link Layer Discovery and consistency between different configurations, ensuring optimal Protocol and LLDP-Media Endpoint locations for large rollouts in multiple performance of the solution. Discovery(LLDP-MED) as well as the branch offices. Avaya Auto Discovery and Auto The ERS 3500 Series models Configuration (ADAC)feature. Fast Ethernet Models With LLDP enabled, the ERS 3500 24 x 10/100Mbps+2 Combo 10/100/1000 or SFP ports+ learns the identification of 2 SFP/2.5G rear ports.Fanless. neighboring devices and provides 24 x 10/100Mbps PoE+,ports+2 Combo 10/100/1000 or these details to the network SFP ports+2 SFP/2.5G rear ports.PoE budget 370W. management system. This enables the Gigabit Ethernet Models system to have the most up-to-date physical view of the network. In 111124 x 10/100/1000Mbps+2 SFP ports.Standalone,fanless. addition, ERS 3500 can dynamically x 10/100/1000Mbps PoE+ports+2 SFP ports. apply voice VLANs and QoS to both andalone. Fanless mode @ 60W PoE budget,Fan peration mode @ 170W PoE budget. the IP phone and the attached edge x 10/100/1000Mbps with 4 shared SFP ports(combo switch port. When the I P phone is ith ports 21 24)+2 SFP/2.5G rear ports. x 10/100/1000Mbps PoE+ ports with 4 shared SFP moved to another location, the rts(combo with ports 21 24) +2 SFP/2.5G'rear ports. configuration is automatically E budget 370W. updated. QoS is also automatically 9/11/2013 12:07 PM BidSync Page 1154 pf 11 12 State Of Utah 1 provisioned on the ERS 3500 uplink and monitoring of a single device U' { jfj4 4 ensuring voice is given top priority using either HTTP or HTTPS (Secure r£ fttt £ 7 1 jt jt :f £ I } £ j}` it��jl jt into the network core. With one of Web). The on-box embedded the most Comprehensive version Of EDM is available at n0 T Mtjt implementations of LLDP in the extra charge with every switch and £££1i Y,, (� industry,Avaya offers enhancements can be accessed by a standard web for standards based provisioning of browser. There is also an off-box {Sjt _rtA�t� i Uj£1f1£ (4t + � S1££ £i -tA£r jt jjj£i SCS 1N i� J £ )1 vt 5££1 �tjt£ � £tri tk ii t7 trtt ft jr Avaya IP Phones via Integrated and version available as a free customizable TLV support. downloadable software plug-in that can be installed on Ava a's y 1 These features not only save network Configuration and Orchestration g operators time, they Can virtually (Manager(COM)application. Iltl g eliminate the likelihood Of a For Customers rolling Out many ERS f y£rtt ,j r provisioning error during a large IP 7V 3500 devices, the Avaya phone deployment. Third-party �, m� lGs£��y{ � p,�r £,,, Configuration and Orchestration erer n I �1 S£' t£tpvt testing Conducted by M12YCOm' Manager(COM)application, validated that when IP phones were !+G,�11 simplifies multi-element an Avaya Ethernet . G"r c 7 j plugged �Into Y Configuration via wizards and J11 f£ Switch, they were operational in just templates - increasing COrSIStenCy Over 1 minute. and reducingthe Chances Of error (il£1�1£i££` �+ £..�'tii r, 1 1 Ind during Configuration Changes. COM 111£u Intuitive Management g also provides network discovery, If i i££ t i ERS 3500 Series offers flexible j''1< device backup, bulk configuration } 7 t£t 1 O tions for managing, p management and audits of �t �j £ ja ?ia£G 'ia troubleshooting and operating your configuration changes. nof 'j ly�tl I 1 is S£ 1 j 1�j rjj j deVlC25. q SNMP-based mann gement 1 T,herjEltjv �11jC� g ( i>i(t tr 1 jtta 1�11£(S);lt1 £ji£ j 1 ijttrt h £ir£ £ t1J j} £it 3�1 � r 1 � £ 1 £ £ } tSNMP i t�£1I '7 +i4Fnn" 4 t`. t s° r � flipa r t j + V1,V2 and V3) pYOVlde5 an i �1 �i' £ For customers most comfortable FjM #I prirttur using the Command Line Interface alternative Standards-based management approach as well a5 I £t (CLI), the ERS 3500 offers an g pp an interface for Configuration and £ £ r 1 £ industry-aligned CLI that is intuitive 1 m�I Orchestration Manager. 111 jt,r£ f Int t' rtir £ �� ty ' } �� and requires little to no formal IS stt£{ti }j£j£S jt £rtt 71i�£'j�111t�1171j 4£ £y.£ 1{iti li( 11 £ j 1 £{ttfj £ jI training for individuals with The Avaya ERS 3500 supports secure pIn, rtt `! f£, £ Ethernet switching backgrounds. management via IPv4 or IPv6 4£ ! £1tF £r'tej n� liar ."..... through features such as Secure Shell I1 t £( £ £ii) t}1 ittltt Illfrtt)1 r,J j)tlhf i£1\ }t, 4477 t For customers who are looking fora P er�a >�l,'rr�}��l�l�aler i 1{£'s ttltir,t (SSHv1/2), Secure Sockets Layert�t£i£1 �? i s i(yj �` tt ji t'1 1 if ij r}+'4r t' Simple Graphical U52Y Interface1f7l `l t C�a£1'£t'1`,r �stjit it£ (SSL), Simple Network Management (GUI)for management and provisioning, y p Protocol (SNMPv1,2,3), IP Manager y�1jjIcleI £�tsf £I11teiYl ,} ��? i� rovisionin ,Ava a's Enterprise 7}tl`tt >£ . rir )�i + nt �isa�rtrt,'pt(�iit 1!1£tr}�£ i1�1 £j £ Lists, and administrative Device Manager (EDM) is an authentication via RADIUS OY i£j 1 �I tr£� ittt. embedded web-based element �{ t>> t TACACS+ when Connecting to the management and Configuration tool � £ pr j1Jil ltj s £ j is " iSWItCh OY Stack. -U , configurationthat enables set rQ ,�,,Ii i 9/11/2013 12:07 PM BidSync t,},,.}t,}t,}t,},,,}in"', State of Utah Bid JP14001 for Unified Delivering both connectivity and power to users & devices within a small office High-Definition Video Avaya Ffare@ and more Communicator r F for iPad Device For businesses looking to consolidate ffi all forms of communication -voice, ' Wireless video and data -on a single Access Avaya 9600 - Point infrastructure, the Avaya ERS 3500 Series IP desk � � Series delivers functionality that phone simplifies convergence of these 10110011000 Power over technologies. Ethernet 46 Maya Ethemet Support for IEEE 802.3at PoE+ to Rotating Switch 3600 10MOD Ethernet. power your device Through support for IEEE 802.3at Po E+ which delivers up to 32 Watts of power per port to end devices, ERS Avaya Secure Pouter Avaya IP Office 3500s are able to power IP phones, wireless LAN access points, networked high-definition CCTV Figure 3:ERS 3500 deployment scenario cameras and other devices. This eliminates the need for separate power supplies for each unit, enabling The 24-port Po E+ enabled products classifies, prioritizes and marks LAN reduced cabling and management (ERS 3526T-PWR+ and ERS IP traffic using up to four hardware costs for adds, moves, or changes. 3524GT-PWR+)support a maximum queues on every port - including the power budget of 370 Watts and the rear SFP ports. The higher power budget delivered 10-port Gigabit Ethernet model (ERS by the Po E+ standard ensures that 3510-PWR+) supports a maximum Classification can be based on MAC customers have the added flexibility power budget of 170 Watts - address, IP ToS/DSCP marking, IP of converging video surveillance dramatically higher than competitive source/destination address or traffic over the network, since pan, tilt switches in its class - enabling it to subnets, TCP/UDP source/destination and zoom cameras are one of the end deliver a concurrent average of 20 port/port range, IEEE 802.1p user devices that require the additional Watts of power to each of the eight priority bits, ingress source port, IP power provided by PoE+. It also Po E+ enabled access ports. Protocol ID (e.g., TCP, UDP, IGMP), ensures investment protection for EtherType (e.g., IP, IPX) or the IEEE future end points, such as new Comprehensive QoS capabilities 802.1Q VLAN ID. Comprehensive Wireless LAN Access Points (3x3 The ERS 3500 series delivers traffic policing and traffic shaping are 802.11n access points and emerging also supported. unsurpassed control for networks 802.11ac access points)as well as supporting a wide range of different next-generation video phones. application types. The ERS 3500 9/11/2 13 12:07 PM BidSync Page 1156 ipf11112 State of Utah Bid J P1 4001 Intelligent stacking High performance architecture that Quality-of-Service settings are solution delivering with true pay-as-you grow scaling honored as traffic passes over the scalability, flexibility, Our Stackable Chassis products stacking connections - providing resilience and combine non-blocking internal applications with optimal performance switching fabrics with high-speed performance, and a positive user virtual backplane architecture for a experience. No one high performance solution that knows scales proportionally as new All ERS 3500 24-port models come stacking like switches are added. The ERS 3500 with two in-built Stackable Chassis Avaya. We series scales to a maximum of interfaces for simple, cost-effective introduced 8OGbps of virtual backplane and efficient connectivity. Unlike our first Stackable Chassis product in throughput by simply cabling up 8 comparative offerings which daisy 1998 and have been perfecting thechain low-speed interfaces, this units together. Avaya's Stackable technology ever since. We were the design frees uplink ports for Chassis architecture simplifies stack first and only vendor to break the management. Customers do not dedicated connectivity to the Terabit boundary with our ERS 5600 have to worry about different backbone. In addition to the stacking Series products and we have software versions on different cables, a return cable is also used to differentiated ourselves in the industry products, since all ERS 3500 units provide full virtual chassis resiliency by ensuring that our Stackable Chassis run the same software image. The and to protect against any stack perform like a traditional modular software image is loaded onto the port, switch unit or cable failures. chassis implementation. We offer base unit of the stack which then genuine chassis-like features including loads the image to all the other Unlike competitive solutions which true pay-as-you-grow scaling and in switches in the stack.As new units charge large premiums for stacking, service maintenance and restoration. the ERS 3500 offers the ability for are added to the stack, the ERS 3500 From a management perspective, our automates the software image and customers to utilize its Stackable Stackable Chassis looks like a single Chassis architecture without configuration download process. network entity- utilizing only a single incurring any licensing or hardware IP address. Third party testing' has validated that costs. new ERS 3500 units can become operational in just over 2 minutes of A stack of up to eight 24-port Avaya being cabled into the stack. ERS 3500 units can be created, enabling the Ethernet Routing Switch To ensure wire-speed performance, 3500 series to deliver up to 8OGbps our Stackable Chassis architecture is stacking throughput by scaling up based on a shortest-path forwarding to 192 x 10/100 ports and 16 x algorithm for optimal data flow 10/100/1000/SFP combo ports, or across the stack. Unlike competitive 192 x 10/100/1000 ports. Stacking is solutions that use unwieldy logical supported on ERS 3526T/ERS 3526T- ring or token technology,Avaya In-service maintenance and PWR+ and ERS 3524GT/ allows traffic to flow upstream and restoration 3524GT-PWR+ models. downstream simultaneously from every switch connected to the virtual Virtual hot swap, a critical backplane, optimizing performance, serviceability and operability resiliency, and resource utilization. capability, helps ensure that failure in Avaya has an additional advantage in any stacked unit is quickly and easily ava�4ecyg� ��2 1�12 9/11/2013 12:07 PM BidSync . State of Utah Bid J P1 4001 rectified. Pioneered in modular enhances operational and including full tracking of network switches, virtual hot swap is available management simplicity. connections. Network access is in Avaya stackable chassis solutions granted or denied via proper MAC- where, without complex engineering, Centralized Management address identification (up to a it enables immediate like-for-like unit From a management perspective, an maximum of 448). replacement with no impact on other ERS 3500 stackable chassis solution functionality and traffic, empowering When advanced, policy-based and appears as a single networking entity operators to deploy our solutions just - utilizing only a single IP Address. centralized user/device authentication as they would a chassis. If a failure This can significantly reduce the is required, the Avaya ERS 3500 can occurs, neighboring switches be used in conjunction with the number of switches to be managed automatically wrap their fabric innovative Avaya Identity Engines within the network as a stack of up to connections to help ensure that other 8 switches can be managed just as portfolio solution. This easy-to- switches in the stack are not easily as a single switch. deploy, policy-based solution assigns impacted. The failed unit is simply network access rights and disconnected from the fabric and, permissions based on user role, where without pre-staging of software or Securing access at the the user connects (local or remote) configuration, a like unit is inserted, edge and how the user connects (wired or cabled, and powered-up. The wireless). In this way, each connected Automatic Unit Replacement (AUR) The Ethernet Routing Switch 3500 device and user are known and are process self-manages the software offers the highest level of security governed by device-specific security and configuration downloads to the with authenticated network access policies. For example, based on their new switch then brings it online, that leverages IEEE 802.1X Extensible network credentials, an employee without the need for an engineer to Authentication Protocol (EAP) with using a corporate owned device will manage the process. multiple extensions including support be granted full corporate access for Multi-Host Multi-Authentication however, while using a non- Further complementing the Avaya mode (MHMA), Multi-Host Single- corporate-owned device, they will be ERS 3500 stacking architecture, Authentication mode (MHSA), non granted limited access. Avaya supports standards-based EAP device support (i.e. printers, etc.) 802.3ad Link Aggregation as well as and RADIUS based MAC As the number of employee-owned its own Multi-Link Trunking authentication support. Up to 32 host devices increases, Identity Engines technology that allows grouping of devices per switch port are supported can help network operators retain ports to form high-speed trunks/ in these modes. control by running device health aggregations. These bundles or checks and verifying user and device groups of ports can be distributed Based on the IEEE 802.1X standard, credentials. Identity Engines helps across different units in the same EAP limits access to the network ensure that network access stack, delivering higher levels of based on user credentials.A user is permission levels are enforced and resilience in case of link or switch required to login to the network using adhered to without undue effort on failure to help ensure that traffic gets a username/password; the user the part of the IT staff. It also helps to its destination. database is maintained on the ensure that consistent access and authentication server(not the switch). security policies are applied to all end Stack health-check monitoring, a real- Additionally MAC-address based points- whether they be wired or time, at-a-glance view of stack security limits access to only network- wireless. operational status and health, further authorized and trusted personnel, 6 � avaya.com 9/11/2 13 12:07 PIVI BidSync Page 1158p IT12 .�2 State of Utah Bid J P1 4001 In addition, the Avaya ERS 3500 Energy Efficiency Lifetime Warranty offers security features that actively New regulations and rising awareness Avaya includes industry-leading protect against malicious network of the ever-increasing cost of warranty services for our portfolio of attacks. These include protection electrical power keep energy stackable switches, including Avaya from snooping of DHCP services, efficiency top of mind. An innovator ERS 3500 Series products. The verification and filtering of ARID traffic in this area, Avaya has built energy warranty includes complimentary via in-hardware processing (Dynamic efficiency into many of its hardware next-business-day shipment of failed ARID inspection), restriction of IP products. In fact, independent testing units for the life of the product, and traffic to registered end devices (IP indicates that Avaya LAN Switches, ongoing technical support. This Source Guard), and control of the Call Servers, Gateways, Unified includes support for the shipped flow of Spanning Tree BPDUs within Messaging Servers and Gigabit IP software version, with an optional the network (BPDU Filtering). Phones are typically more energy Software Release Service available to efficient than competitive equipment. provide access to new feature Compact Form Factors The ERS 3500 is based on highly releases. efficient power supplies - delivering with Flexible Installation over 80% efficiency.'The ERS 3500 Options also supports dynamic power Summary The 10 port ERS 3500 models management where each port can be Avaya is positioned to provide an (35IOGT &35IOGT-PWR+), which are configured to limit the power end-to-end solution for converged 1U tall, 8.75" wide and 8"and 11" deep delivered to a device and for power networks. The Ethernet Routing respectively, can be installed on a priority level—low, high, and critical. Switch 3500 series, along with other table or shelf using rubber feet Avaya products, can increase (included), or can be wall mounted The ERS 3500 also supports Energy profitability and productivity, using the wall mount screws and Efficient Ethernet in hardware. This, streamline business operations, lower anchors (also included). Additionally, along with Avaya Energy Saver costs and help your business gain a optional rack accessory kits are functionality, will be enabled in a competitive edge. available allowing the ERS 35IOGT future software release. Together, and ERS 3510 GT-PWR+ to be these features can further conserve mounted either alone or with two energy by turning down port speeds units side-by-side in a standard 19" during designated off-peak hours. rack. The 24 port ERS 3500 can be installed on a table or shelf or wall mounted using the included rack mount brackets mounted at 90 degrees, or in a standard 19" equipment rack. avaFy.qgec9jrjb� 1�12 9/11/2013 12:07 PMBidSync . 2 State of Utah Bid JP14001 SpecificationsModel ERS 3526T 24 10/100Base-TX ports,plus 2 combo 10/100/100013ASE-T or SFP ports 2 rear SFP ports can be used as additional ports in Standalone Mode,or,2 rear HiStack ports delivering up to 10Gbps(FDX)of Stackable Chassis throughput per switch in Stacking Mode(future) Fanless operation System CPU speed:400MHz System memory:32MB Flash,128MB DRAM RJ-45 Console port provides industry standard serial port connectivity Switch capacity and forwarding rate:12.8Gbps/9.5Mpps MTBF: 645,510 hrs ,. Height:1U or 44.5mm/1.75" Width:440m /17.5" Depth 280mm/11" 3.60kg/81b Input voltage: 100 to 240 VAC@ 47 to 63 HZ Input current(max): 0.28A@100VAC Power consumption: 28.5 Watts max Thermal rating(output): 65 BTU/hr max ERS 3526T-PWR+ d- NNOM 24 10/10013ASE-TX ports with support for IEEE 802.3af PoE or IEEE 802.3at PoE+,plus 2 combo 10/100/100013ASE-T or SFP ports 2 rear SFP ports can be used as additional ports in Standalone Mode,or,2 rear HiStack ports delivering up to 10Gbps(FDX)of Stackable Chassis throughput per switch in Stacking Mode(future) System CPU speed:400MHz System memory:32MB Flash,128MB DRAM RJ-45 Console port provides industry standard serial port connectivity Switch capacity and forwarding rate:12.8Gbps 9.5Mpps MTBF: 332,778 Height:1U or 44.5mm/1.75" Width:440m /17.5" Depth 280mm/11" 4.50kg/101b Input voltage: 100 to 240 VAC@ 47 to 63 HZ Input current(max): 5.0A@100VAC Power consumption: 500Watts max Thermal rating(output): 360 BTU/hr max Maximum power budget:370 Watts b Page 1160�pf121 12 9/11/2 13 12:07 PM BidSync State of Utah Bid J P1 4001 ERS 351OGT 0/1000BASE-T ports with 2 SFP ports Fanless operation Standalone System CPU speed:400MHz System memory:32MB Flash,128MB DRAM RJ 45 Console port provides industry standard serial port connectivity Switch capacity and forwarding rate: 20Gbps 14.9Mpps 892,667 hrs 1U 44.5mm/1.75" Width:220mm 8.75" Depth 200mm 8" 1.75 kg/3.91 b Input voltage: 100 to 240 VAC@)47 to 63 HZ Input current(max): 0.18A @)100VAC, Power consumption: 18 Watts max Thermal rating(output): 61 BTU/hr max AfAINIMM ERS 3510GT-PWR+ 8 10/100/1000BASE-T ports with support for IEEE 802.3af PoE or IEEE 802.3at Po E+with 2 SFP ports Standalone Dual power modes-fanless operation in Low Power Budget mode @)60W max PoE budget,or normal fan operation in High Power Budget mode @)170W max PoE budget. System CPU speed:400MHz System memory:32MB Flash,128MB DRAM RJ-45 Console port provides industry standard serial port connectivity Switch capacity and forwarding rate: 20Gbps 14.9Mpps MTBF: 673,452 hrs Height:1U 44.5mm/1.75" Width:220mm 8.75" Depth 280mm 11" 2.70kg/61b Input voltage: 100 to 240 VAC@)47 to 63 HZ Input current(max): 2.1A @)100VAC Power consumption: 210 Watts Thermal rating(output): 156 BTU/hr max Maximum power budget: 170 Watts ava�4�y4�) 1�12 9/11/2013 12:07 PM BidSync .�2 State of Utah Bid J P1 4001 ERS3524GT 24 100/1000BASE-T ports,with 4 shared SFP ports(combo with ports 21-24) 2 rear SFP ports can be used as additional ports in Standalone Mode,or,2 rear HiStack ports delivering up to s(FDX)of Stackable Chassis throughput per switch in Stacking Mode(future) System CPU speed:400MHz System memory:32MB Flash,128MB DRAM RJ-45 Console port provides industry standard serial port connectivity Switch capacity and forwarding rate: 52Gbps/38.7Mpps MTBF: 657,619 hrs Height:1U44.5mm/1.75" Width: m/17.5" depth 280mm/11" /7.81b Input voltage: 100 to 240 VAC@)47 to 63 HZ Input current(max): 0.28A@)I00VAC Power consumption: 28.5 Watts max Thermal rating(output): 95 BTU/hr max ERS 3524GT-PWR+ 24 10/100/100013ASE-T ports with support for IEEE 802.3af PoE or IEEE 802.3at PoE+,with 4 shared SFP ports(combo with ports 21-24) 2 rear SFP ports can be used as additional ports in Standalone Mode,or,as 2 rear HiStack ports delivering up to IOGbps(FDX)of Stackable Chassis throughput per switch in Stacking Mode(future) System CPU speed:400MHz System memory:32MB Flash,128MB DRAM RJ-45 Console port provides industry standard serial port connectivity Switch capacity and forwarding rate:52Gbps/38.7Mpps MTBF: 336,357 hrs Height:1U or 44.5mm/1.75" Width:440m m/17.5" Depth 280mm/11" 4.61 kg/10.21b Input voltage: 100 to 240 VAC@)47 to 63 HZ Input current(max): 5.0A@)I00VAC Power consumption: 500 Watts max Thermal rating(output): 357 BTU/hr max Maximum power budget:370 Watts 10 3 12:07 PM BidSync Page 1162pf 2 1�12 9/11/20 avaya.com Avaya Ethernet Routing Switch 350b'%W%s Ordering Information Bid J P1 4001 AL3500?01-E6* ERS3526T featuring 24x I 0/100M bps+2 Combo 10/100/1000M bps or SFP ports+2 SFP/2.5G rear ports.Fanless. AL3500?11-E6* ERS 3526T-PWR+featuring 24x I 0/100Mbps PoE+ports+2 Combo I O/100/100OMbps or SFP ports+2 SFP/ 2.5G rear ports. PoE budget 370W. AL3500?04-E6* ERS 351OGT featuring 8 x 10/100/1000Mbps+2 SFP ports.Standalone.Fanless. AL3500?14-E6* ERS 351OGT-PWR+featuring 8 x 10/100/1000Mbps PoE+ ports+2 SFP ports.Standalone.Fanless mode @)60W PoE budget, Fan operation mode @)170W PoE budget. AL3500?05-E6* ERS 3524GT featuring 24 x 10/100/1000Mbps with 4 shared SFP ports(combo with ports 21-24)+2 SFP/2.5G rear ports. AL3500?15-E6* ERS 3524GT-PWR+featuring 24 x 10/100/1000Mbps PoE+ports with 4 shared SFP ports(combo with ports 1 21-24) +2 SFP/2.5G rear ports.PoE budget 370W. Notes: Each switch ships with Base software license. Stacking cables are not included and must be ordered separately for ERS 3500 24-port models. The seventh character(?)of the order number must be replaced with the proper letter to indicate desired product nationalization. AL3518001-E6 ERS 3500 46cm Stack Cable AL3518002-EE ERS 35001.5m Stack Cable AL3518003-E6 ERS 3500 3M Stack Cable AL3511001-E6 Standard set of 19"rack mount brackets-spare AL3511002-EE Optional accessory kit for joining two ERS 3510GT ERS 3510GT-PWR+switches together(side-by-side)to mount in a 19" rack. AL3511003-E6 Optional accessory kit for mounting one ERS 3510GT or ERS 3510GT-PWR+switch in a 19" rack. Technical Specifications IEEE 802.1AB Link Layer Discovery Protocol(LLDP)and LLDP- RFC 2132 DHCP Options 6,43&60 Media Endpoint Discovery(LLDP-MED) RFC 2138 RADIUS IEEE 802.10 VLANs RFC 2236 Internet Group Management Protocol v2 IEEE 802.1p Priority Queues RFC 2460 Internet Protocol v6(IPv6)Specification IEEE 802.1D Spanning Tree RFC 2461 Neighbor Discovery for I Pv6 IEEE 802.1w Rapid Spanning Tree RFC 2462 lPv6 Auto-configuration of link local addresses IEEE 802.1s Multiple Spanning Tree Groups RFC 2474 Differentiated Services Support IEEE 802.1X Ethernet Authentication Protocol(EAP) RFC 2570 3410 SNMPv3 IEEE 802.3 10BASE-T/100BASE-TX RFC 2571 3411 SNMP Frameworks IEEE 802.3u 100BASE-T(ANSI)Auto-Negotiation RFC 2572 3412 SNMP Message Processing IEEE 802.3x Pause Frames/Flow Control RFC 2573 3413 SNMPv3 Applications IEEE 802.3z 1000BASE-X RFC 2574 3414 SNMPv3 USM IEEE 802.3ab 1000BASE-T RFC 2575 3415 SNMPv3 VACM IEEE 802.3ad Link Aggregation Control Protocol(LACP) RFC 2576 3584 Co-existence of SNMP v1/v2/v3 IEEE 802.3af Power over Ethernet- PoE(15.4W) RFC 2616 HTTP IEEE 802.3at Power over Ethernet plus-PoE+(32W) RFC 2660 HTTPS(Secure Web) RFC 783 Trivial File Transfer Protocol(TFTP) RFC 2665 Ethernet MIB RFC 791/950 Internet Protocol(IP} RFC 2674 Q-Bridge MIB RFC 792 Internet Control Message Protocol(ICMP) RFC 2737 Entity M I Bv2 RFC 826 Address Resolution Protocol(ARP) RFC 2819 RMON MIB RFC 854 Telnet Server and Client RFC 2863 Interfaces Group MIB RFC 951/1542 BOOTP RFC 2866 RADIUS Accounting RFC 1112 Internet Group Management Protocol v1 RFC 2869 RADIUS Extensions(interim updates) RFC 1213 MIB-11 RFC 3046(&5010)DHCP option 82,Relay Agent Information RFC 1215 SNMP Traps Definition Option RFC 1271/1757/2819 RMON RFC 3058 RADIUS Authentication. RFC 1361/1769 Simple Network Time Protocol(SNTP) RFC 3361 DHCP Option 120 SIP Servers RFC 1493 Bridge MIB RFC 3376 Internet Group Management Protocol v3 RFC 1573 2863 Interface MIB RFC 3576 RADIUS Change of Authorization RFC 1643 2665 Ethernet MIB RFC 4007 Scoped Address Architecture RFC 1905 3416 SNMP RFC 4193 Unique Local lPv6 Unicast Addresses RFC 1906 3417 SNMP Transport Mappings RFC 4252 SSH RFC 1907 3418 SNMP MIB RFC 4291 lPv6 Addressing Architecture RFC 1945 HTTP v1.0 RFC 4301 Security Architecture for the Internet Protocol RFC 1981 Path MTU Discovery for I Pv6 RFC 4432 SSHv2 RSA RFC 2011 SNMP v2 MIB for IP RFC 4443 Internet Control Message Protocol(ICMPv6) Update to RFC 2012 SNMP v2 MIB for TCP RFC2463 RFC 2013 SNMP v2 MIB for UDP RFC 4675 RADIUS Attributes for VLAN and Priority Support RFC 2131 DHCP Client RFC 5859 TFTP Server DHCP option 9/11/2013 12:07 PM BidSync avag.�b�yf6�1 12 . 2 State ofUtah Bid JPl4OO ��U �� ~*cou�icnoise(do): EFS 3B8GT=>8; — ERS 3518GT-PvvR+ =>364;ERS 3524GT Switch Fabric performance:12.8Gbpsuo = >361;ERS 3524GT-PvvR+=>48; ERS 52Gbps 3526T=>8; ERS 3526T-PvvR+=>48. Frame forwarding rate:g.suo387Mpps -Operating humidity:95%Rn non Latency(G4byte packet uFL):24uo3.G condensing microseconds(GE ports all mode|s)and zg -Storage humidity:gs%Rnnon- microseconds(FE ports onthe ERS 3526T/ERS condensing 3526T-PvvR+) Frame length:1s22bytes(including Q tag) ~wonearby heat sources such ashot air vents ordirect sunlight Jumbo Frame support:uptog21Goctets ~wonearby sources ofsevere MILT/882.3adLACP:Ggroups with 4active electromagnetic noise trunks Concurrently configured VLAws:2sG ~woexcessive dust Egress queues:4 ~Adequate power source within six feet; Multiple Spanning Tree Groups:8 one 1s-Ampcircuit required for each power supply. MAC Address:upto1G.888 -At least scm(2^)oneach side ofthe DnCPSnooping:uptos12entries switch unit for ventilation 8821xClients per port:32 ARP Entries: upuos12 Safety �� Approvals|P|�e�aces: upuo32 Agency Approvals RMDwentries per port� ~IEC G8gs8 |�emadona|Co 4oroups � Certification ADAC(|PPhones):32per port ~EwG8gs8European Certification QoSfilters per precedence:2sG ~uLG8gs8uScertification QoS precedence:4 ~CSA22.2.#G8gs8Canadian QoS filters per switrh�1824 � Certification ~woM Mexican Certification PUuggabUeBnterfaces 188oASE-FxSFPupto2kmreach over MMF Electromagnetic ��~ss~��s C) — (Dup|exL and Immunity l888oASE-TSFPupuo188mover CATs�or better UTP Cable(nJ-4s) ~C|SPR22.Class A/C|SPR24International 1888oASE-SxSFPupuoss8mreach onMMF ~Ewss822.Class A/Ewss824European (Duplex LC) ~FCC.Part 15,Class US Certification 1888oASE-LxSFPupuoss8mreach onMMF, ~|C��-8U� Class ACanadian C) andupuo18kmonSMF(Dup|exL ' Certification 1888oASE-XDCDvvM SFPupto48kmreach onSMF(Duplex LC) ~Aw/wZS 3548Austra|ian/wZ Certification 1888oASE-ZXCDvvM SFPupuo78kmreach onSMF(Duplex LC) ~BSM| Taiwan CNS 13438.Class A 1888oASE-ExSFPupto128kmreach onSMF ~M|C Korea MIC,No.2881-11G (Duplex LQ .VCC| Class AJapanese Certification 1888oASE-oxSFPupuo18and 48kmreach variants on SMF(LQ ,MiercomLab Testing Summary Report"Plug Environmental and P|ayrSwitches Auo.2811. Specifications 2oased onAvavatesting Operating temperature: 32,and1220F (8,and s8,C) ~Operating altitude:18.888ft. ~Storage temperature:-48Cuon}C ~Storage altitude:18.888ft mumzA.ay°Inc.All Rights Reserved. All trademarks identified u,@,~ ",-are registered marks,trademarks,and service marks,respectively,cgAvaya I"q q, State of Utah Bid JP14001 a�Shr:;,sittttttttttis�,>�v`-,'��1vl AVAYA The Power of We" Avaya Ethernet Routing Switch 4800 Sermies Highlights Routing its Series •Always-on - Best in class end-to- end resiliency solution, hot- ,., � swaale unit replacement within a Stack Chassis and integrated power redundancy. convergence-• ready - Support for PoE and oE+, optimized for high- definition video surveillance, true plug and play capabilities for I Phone deployments, advanced QoS capabilities. _ - On average 36% more energy efficient than competitive solutions,* energy saver functionality further reduces power consumption for both Switch and IP Phone without losing telephony connectivity. • Powerful - ire-speed performance, true pay-as-you-grow Stackable Chassis capabilities, delivering up to 400 ports and 384 Gs of virtual backplane throughput. •Secure - Standards-based 802.1x with integration with vaya's Identity Engines portfolio for centralized, policy-based authenticated network access. • Flexible - Mix-and-match best-in-class stacking capabilities with support for of/ oE+ and optional 1G E/10G E SFP+ uplinks. Future-ready• - Hardware ready for advanced services such as Wireless Split-Plane and Virtual Services Fabric; emerging technologies in vaya's Virtual Enterprise Networking Architecture (VENA) strategy. The Ethernet Routing switch 4800 series ASIC technology that combines wire- provide high bandwidth, resilient speed performance and non-blocking Stackable Chassis capabilities, high throughput with sophisticated QoS -ate performance Layer 2 switching and Layer capabilities to support even the most 3 routing, advanced convergence features demanding suite of applications. and a full suite of security, QoS and management capabilities. The ERS 4800 Positioned for customers who are looking hardware is based on a next-generation for Gigabit Ethernet to the desktop, PoE *Miercom,August 2011 f�i 71 2 BidSync '1 08 State of Utah Bid JP14001 technologies in Avaya VENA. These services enable customer to deal effectively with the explosion of wireless traffic and the proliferation of HD video traffic while simplifying design, deployment and management of their 0, ��10 f next-generation network. �aaa�u�tssr To ensure full interoperability across the complete ERS 4000 portfolio, the p Y p t t o x,15 ��` rear-mounted Stackable Chassis interfaces used on the ERS 4800 are consistent with those used on the other ERS 4000 models. Each ERS 4000 1ti;, s tit Stackable Chassis delivers up to 384 Gbps when eight units are combined. WIN t � P Fast Ethernet to the Yes Yes Yes desktop Gigabit Ethernet to the desktop Yes No Yes and PoE+, SFP+ connectivity and field IEEE 802.3 of PoE Yes Yes Yes replaceable redundant AC power IEEE 802.3 at PoE+ No Yes Yes supplies, the ERS 4800 provides a 10 Gig Uplink XFP No SFP+ flexible high-performance platform to sockets meet the demands of the converged Yes-available Yes- internal Yes- internal edge. Redundant power through field-replaceable field-replaceable external RPS 15) PSUs PSUs Hardware-ready for Through support for PoE and Po E+ advanced services customers have the ability to support (Wireless Split- No No Yes any mix of end devices. Although the plane,VirtualServices Fabric) vast majority of IP-based end points do not require the increased power that with 17 different models,the ERS 4000 Series offers a wide range of capabilities that meet a diverse range of edge requirements. Po E+ delivers, its support provides piece of mind that as new devices are brought Summary onto the network they can be supported regardless of the power requirements. The ERS 4800 Series is a future-ready solution well suited for the next- generation wiring closet. Along with other Avaya products, the Ethernet Integrated SFP+ ports deliver flexibility Routing Switch 4800 Series can increase profitability and productivity, in terms of uplink speeds - allowing streamline business operations, lower costs and help your business gain a either 1 Gigabit or 10 Gigabit SFP+ competitive edge. devices to be installed. Customers can start with 1 Gig and then migrate to 10 - Gigabit uplinks, as required. S x.82 GTS 2410/100/100013ASE-T ports,including 2 shared SFP Uplink ports,plus 2 additional SFP+Uplink Integrated field replaceable AC power ports S 482 GTS- + 2410/100/100013ASE-T ports supporting 802.3at supplies save cost and rack space. In PoE+, including 2 shared SFP Uplink ports, plus 2 addition, the ERS 4800 is hardware additional SFP+Uplink ports ready for advanced services such as ERS 48S GTS' 48 10/100/10006ASE-T ports,including 2 shared SFP Uplink ports,plus 2 additional SFP+Uplink wireless split-plane and the Avaya ports Virtual Services Fabric-emerging ERS 48 0GTS-PWR+ 4810/100/10006ASE-T ports supporting 802.3at PoE+, including 2 shared SFP Uplink ports, plus 2 additional SFP+Uplink ports 9/11/2 13 12:07 PM BidSync Page 1166�pf121�12 State of Utah Bid JP14001 Product Specifications ERS 4826GTS I - 2410/100/1000 Gigabit Ethernet ports 2 shared SFP ports Plus 2 x 1/10Gigabit SFP+ ports Plus 2 x rear HiStack ports delivering up to 384Gbps of Stackable Chassis throughput System CPU operates at 533 MHz Switch is configured with 256MB RAM RJ-45 Console port provides industry standard serial port connectivity Ships with 1 x 46cm HiStack cable Ships with 1 set of 44mm/19" rack mount brackets(specific to the ERS 4800/ERS 4500 POE+ models) 4.4cm-IRU(H),44.0cm(W),43.68cm(d) 11.05 Kg Supplied with 1 x 300 watt Field Replaceable AC power supply Supports addition of second Field Replaceable AC power supply for redundancy 75 watts Thermal Rating 256 BTU/hr ANNOMMENNk ERS 4 T - 2410/100/1000 Gigabit Ethernet ports 24 ports support both IEEE 802.3af POE and IEEE 802.3at POE+ 2 shared SFP ports Plus 2 x 1/10Gigabit SFP+ ports Plus 2 x rear HiStack ports delivering up to 384Gbps of Stackable Chassis throughput System CPU operates at 533 MHz Switch is configured with 256MB RAM RJ-45 Console port provides industry standard serial port connectivity Ships with 1 x 46cm HiStack cable Ships with 1 set of 44mm/19" rack mount brackets(specific to the ERS 4800/ERS 4500 POE+ models) 4.4cm-IRU(H),44.0cm(W),43.68cm(d) 11.50 Kg Supplied with 1 x 1000 watt Field Replaceable AC power supply Supports addition of second Field Replaceable AC power supply for redundancy or additional PoE Maximum Power 88 watts(without PoE Load) Thermal Rating 300 BTU/hr 855 watts when operating on one 1000w power supply 1855 watts when operating on two 1000w power supply 9/11/2013 12:07 PM BidSync 2 0 2 State of Utah Bid JP14001 ERS 4 48 10/100/1000 Gigabit Ethernet ports 2 shared SFP ports Plus 2 x 1/10Gigabit SFP+ ports Plus 2 x rear HiStack ports delivering up to 384Gbps of Stackable Chassis throughput System CPU operates at 533 MHz Switch is configured with 256MB RAM RJ-45 Console port provides industry standard serial port connectivity Ships with 1 46cm HiStack cable Ships with 1 set of 44mm/19" rack mount brackets(specific to the ERS 4800/ERS 4500 POE+ models) 4.4cm-IRU(H),44.0cm(W),43.68cm(d) 11.48 Kg Supplied with 1 x 300 watt Field Replaceable AC power supply Supports addition of second Field Replaceable AC power supply for redundancy Maximum Power 95 watts Thermal Rating 323 BTU/hr ERS 4 T - 48 10/100/1000 Gigabit Ethernet ports 48ports support both IEEE 802.3af POE and IEEE 802.3at POE+ 2 shared SFP ports Plus 2 1/10Gigabit SFP+ ports Plus 2 rear HiStack ports delivering up to 384Gbps of Stackable Chassis throughput Ships with 1 46cm HiStack cable Ships with 1 set of 44mm/19" rack mount brackets(specific to the ERS 4800/ERS 4500 POE+ models) 4.4cm-IRU(H),44.0cm(W),43.68cm(d) 11.98 Kg Supplied with 1 x 1000 watt Field Replaceable AC power supply Supports addition of second Field Replaceable AC power supply for redundancy or additional PoE Maximum Power 112 watts(without PoE Load) Thermal Rating 383 BTU/hr 855 watts when operating on one 1000w power supply 1855 watts when operating on two 1000w power supply `/ Page 1168�pf12' 12 9/11/2 13 12:07 PM BidSync State of Utah Bid J P1 4001 Switch Fabric performance:128Gbps to 184Gbps DHCP Snooping: up to 1,024 table entries Frame forwarding rate:66 to 102Mpps 802.1X Clients:up to 768 Stack Throughput:384Gbps LLDP Neighbors: up to 800 Latency(64 byte packet):3.5 microseconds ARP Entries: up to 1,792 Jitter(64 byte packet):0.84 microseconds IP Interfaces:up to 64 Frame length:64 to 1518 Bytes(802.1Q Untagged),64 to 1522 lPv4 Routes: up to 512 bytes(802.1Q Tagged) OSPF Instances: up to 4 Jumbo Frame support:up to 9,000 Bytes(802.1Q Tagged) OSPF Adjacencies:up to 16 Multi-Link/LAG Trunks:up to 32 Groups,with 8 Links per Group ECMP Paths: up to 4 VLANs: up to 1,024 Port/Protocol/802.1Q-based VRRP Instances: up to 256 Multiple Spanning Tree Groups:8 IPFIX Sampled Flows:up to 100,000 MAC Address: up to 8k inn= 1000BASE-T SFP up to 100m over CAT51E or better UTP Cable IOOBASE-FX SFP up to 2km reach over MMF(Duplex LQ (R-1-45) Ethernet-over-TI SFP up to 2,874m reach over 22AWG Cable IOOOBASE-SX SFP up to 550m reach on MMF(Duplex LQ (RJ-48C) 1000-BASE-LX SFP up to 550m reach on MMF,and up to 10 km IOGBASE-SR SFP+up to 300m reach over MMF(Duplex LQ on SMF(Duplex LQ 10GBASE-LRM SFP+up to 220m over FDDI-grade MMF(Duplex 1000BASE-XD CDWM SFP up to 40 km reach on SMF(Duplex LQ LQ 10GBASE-LR SFP+up to 10km reach over SMF(Duplex LQ IOOOBASE-ZX CDWM SFP up to 70 km reach on SMF(Duplex IOGBASE-ER SFP+up to 40km reach over SMF(Duplex LQ LQ 1000BASE-EX SFP up to 120 km reach on SMF(Duplex LQ IOGBASE-X SFP+Direct Attach Cables,in 3,5,&10m lengths IOOOBASE-BX SFP up to 10 and 40 km reach variants on SMF (LC} EMMMM= IEEE 802.14 Spanning Tree Protocol RFC 792 ICMP IEEE 802.1w Rapid Spanning Tree RFC 793 TCP IEEE 802.1s Multiple Spanning Tree Groups RFC 826 ARP IEEE 802.1p Prioritizing RFC 854 Telnet IEEE 802.1Q VLAN Tagging RFC 894 1P over Ethernet IEEE 802.1X Ethernet Authentication Protocol RFC 951 BootP IEEE 802.1ab Link Layer Discovery Protocol RFC 958 NTP IEEE 802.3 Ethernet RFC 1058 RIP v1 IEEE 802.3u Fast Ethernet RFC 1112 IGMPv1 IEEE 802.3x Flow Control RFC 1157 SNMP IEEE 802.3z Gigabit Ethernet RFC 1213 MIB-II IEEE 802.3ab Gigabit Ethernet over Copper RFC 1215 SNMP Traps Definition IEEE 802.3ad Link Aggregation RFC 12711757/2819 RMON IEEE 802.3ae 10Gbps Ethernet RFC 1350 TFTP IEEE 802.3af Power-over-Ethernet RFC 1361/1769 Simple Network Time IEEE 802.3at Power-over-Ethernet Plus Protocol(SNTP) RFC 768 UDP RFC 1493 Bridge MIB RFC 783 Trivial File Transfer Protocol RFC 1583 OSPF v2 RFC 791/950 1P ava�4ecygb� 9/11/2013 12:07 PM BidSync .'12 State of Utah Bid JP14001 RFC 1573/2863 Interface MIB RFC 2866 RADIUS Accounting RFC 1643/2665 Ethernet MIB RFC 3046 DHCP Relay Agent Information Option RFC 1757 RMON RFC 3246 Expedited Forwarding RFC 1850 OSPF v2 MIB RFC 3410 SNMPv3 RFC 1905/3416 SNMP RFC 3411 SNMP Frameworks RFC 1906/3417 SNMP Transport Mappings RFC 3412 SNMP Message Processing RFC 1907/3418 SNMP MIB RFC 3413 SNMPv3 Applications RFC 1945 HTTP v1.0 RFC 3414 SNMPv3 USM RFC 1981 Path MTU Discovery for IPv6 RFC 3415 SNMPv3 VACM RFC 2011 SNMP v2 MIB for IP RFC/3584 Co-existence of SNMP v1/v2/v3 RFC 2012 SNMP v2 MIB for TCP RFC 3576 RADIUS RFC 2013 SNMP v2 MIB for UDP RFC 3768 Virtual Router Redundancy Protocol(VRRP) RFC 2131 BootP/DHCP Relay Agent RFC 3917 IP Flow Information Export RFC 2138 RADIUS RFC 3993 DHCP Subscriber-ID sub-option RFC 2236 IGMPv2 RFC 3954 NetFlow Services Export v9 RFC 2328 OSPF v2 RFC 4007 Scoped Address Architecture RFC 2453 RIP v2 RFC 4022 TCP MIB RFC 2460 Internet Protocol v6 RFC 4113 UDP MIB RFC 2461 Neighbour Discovery for IPv6 RFC 4291 IPv6 Addressing Architecture RFC 2462 Auto-configuration of link local addresses RFC 4293 IPv6 RFC 2474 DiffSery RFC 4432 SSH RSA RFC 2475 DiffSery RFC 4673 RADIUS Dynamic Authorization Server MIB RFC 2665 Ethernet MIB RFC 4443 Internet Control Message Protocol(ICMPv6) RFC 2674 O-BRIDGE-MIB RFC 4861 Neighbor Discovery for IPv6(in v5.7) RFC 2737 Entity MIBv2 RFC 4862 IPv6 Stateless Address Auto-Configuration(in v5.7) RFC 2819 RMON MIB RFC 5101-Specification of the IP Flow Information Export RFC 2863 Interfaces Group MIB (IPFIX) RFC 2865 RADIUS RFC 5186 IGMPv3 up to 8.5A @ 100-120VAC up to 4.3A @ 200-240VAC Operating temperature:0°C to 50°C(32°F to 122°F) Operating altitude:0 to 3,048m(0 to 10,000ft)maximum Storage temperature:-40°C to 85°C(-13°F to 158°F) Storage altitude:0 to 12,192m(0 to 40,000ft)maximum Operating humidity:0 to 95%maximum relative humidity,non- Acoustic Noise: condensing less than 50dbA at 35°C Storage humidity:10 to 90%maximum relative humidity,non- less than 57dbA at 50°C condensing 0Page 1170�pf121 12 9/11/2 13 12:07 PM BidSync State of Utah Bid J P1 4001 Global basis for certification: IEC 60950 current edition with all CB member deviations CB Scheme Certification with Member Deviations EN60950 Europe Safety(CE) UL60950 United States of America Safety CSA22.2,#60950 Canada Safety NOM Mexico Safety S-mark Argentine Safety Anatel Brazilian Safety CISPR22 International EMC Emissions ICES-003 Canadian EMC Emissions CIRPR24 International EMC Immunity VCCI Japan EMC Emissions EN55022:2006 European EMC Emissions(CE) AN/NZS 3548 Australia/New Zealand EMC Emissions EN55024 European EMC Immunity(CE) CNS13438 Taiwan EMC Emissions EN61000 MIC Korean EMC Certification Additional European EMC Specifications(CE) Anatel Brazilian EMC Certification FCC Part 15 US EMC Emissions 214,542 to 311,104 hours(24.49 to 35.31 years) Lifetime Next Business Day advanced hardware replacement Optional Software Release Service also available:GW5300ASG Lifetime Basic Technical Support GW6300ASG 90-Day Advanced Technical Support MENEM= ! China(PRC} avaFy.qgecqjrj-) ��12 9/11/2013 12:07 PM BidSync �2 ` ' ` aum q@ } State a Utah B .......... �� <:m!waya Inc.«Riga All trademarks identified by«»or©,eregistered er«w»er«and service marks,ammoly,aAva e Inc. :6a m«me game Page 1172 p$/12 ' State of Utah Bid JP14001 AVAYA i � r� t { r 1 1 1 1 1 - � � 9isvliSs}1Ri � t sria srt,a sia sia si!.Isla sria sria S�i�a sia sia si a�si az } S {1 i, 1r The Power of We" Avaya Ethernet Routing Switch 5600 Sermies - Ethernet Routing Switch 5600 Series Highlights of the Ethernet Enterprise wiring closet- with Routing Switch 5600 advanced convergence features, including Po E, comprehensive Series security, QoS and optional 10 Gig • Always-on - Best in class end-to-end uplinks, the ERS 5600 is a flexible resiliency, with switch clustering and high-performance switching option for hot-swappable unit replacement converged edge deployments.A high- within a Stack Chassis. density 96-port model also make it attractive to larger enterprises. • Convergence-reay- Support for PoE, true plug and play capabilities for Network core- its active active IP phone deployments, advanced QoS "switch-clustering" failover and capabilities. advanced Layer 3 routing services — unusual in a fixed-format switch — • owerl - Wire-speed performance, make the ERS 5600 a cost-effective true pay-as-you-grow Stack Chassis core solution especially suited for capacity, delivering up to 400 ports small to mid-market enterprises. and over 1 Terabit per second of virtual backplane throughput. Data Center-as a cost-effective 1 Gigabit Top-of-Rack solution, the • Comprehensive Dyer 3 services- ERS 5600 can connect data center Advanced routing features enable servers across racks while reducing " traffic segregation ideal for data latency and increasing server-to- center and network core applications. server performance. • Secure- Standards-based 802.1x with The Ethernet Routing Switch 5600 integration to Avaya's Identity Engines Series is 1001 stack-compatible with portfolio for centralized, policy-based Avaya's ERS 5500 Series. Its unique authenticated network access. "hybrid-stacking" capability provides • Flexible- Mix-and-match "hybrid" great versatility and investment 1° stacking with the Avaya ERS 5500 protection across the ERS 5000 Series Series enables versatile deployment family.Any combination of 5500 and and investment protection. 5600 models can be stacked together up to eight units high, to a maximum of The Ethernet Routing Switch 5600 400 ports. When stacked adjacent to provides resilient Stackable Chassis ERS 5500 models, the stacking capabilities, high-performance Layer 2 bandwidth is 80 Gbps per unit. When connectivity, Layer 3 routing and switch ERS 5600s are stacked directly clustering for a truly flexible, multi-role together, stacking bandwidth increases platform. It can be positioned for any of to 144 Gbps per switch, and a total the following customer scenarios: bandwidth of 1.152 Tbps across the eight switches. BidSync '126 2 State of Utah Bid JP14001 The ERS 5600 Series also delivers highly-scalable and flexible Ethernet j 230 4 4 W W • W W and Power-over-Ethernet, with high- Model Link and Uplink Ports density and ultra-density models to ERS 5632FD 24 x 100/1000BASE-SFP plus 8 x 10GBASE-XFP simplify deployment in high-intensity convergence-centric networks. ERS 5650TD 48 x 1000BASE-T plus 2 x 10GBASE-XFP Internal, removable, field replaceable ERS 5650TD-PWR 48 x 1000BASE-T with Power-over-Ethernet AC and DC power supplies ensure plus 2 x 10GBASE-XFP both power redundancy and full PoE ERS 5698-TFD 96 x 1000BASE-T, including 6 x Combo 1000BASE-T or power. 100/1000BASE-SFP, plus 2 x 10GBASE-XFP ERS 5698TFD-PWR 96 x 1000BASE-T with Power-over-Ethernet, including 6 x Combo Summary 1000BASE-T or 100/1000BASE-SFP, plus 2 x 10GBASE-XFP The ERS 5600 is a flexible solution All switches include built-in ultra-speed stacking connections that can scale up to 1.152Tbles of total suited to address the various throughput and are fully compatible with the original ERS 5500 series models,and bays for field- demands of today's high-end wiring replaceable power supplies.A full stack can include up to 8 switches or up to 400 ports,enabling a centers, high-capacity data centers highly versatile solution able to meet port count and port type combinations for every application. and network core environments. The ERS 5600, along with other Avaya products, can increase profitability and productivity, streamline business operations, lower costs and help your business gain a competitive edge. o - General & Performance • Switch Fabric performance: 288—384 Gbps • Multiple Spanning Tree Groups:8 • Frame forwarding rate: 101.2—172.7 Mpps • MAC Address: up to 16k • Latency: 9 psec • DHCP Snooping: up to 1,024 table entries • Jitter: 12-14 psec • ARP Entries: up to 1,792 • Frame length: 64—1518 Bytes(802.1Q Untagged), 64—1522 bytes • IP Interfaces: up to 64 (802.1Q Tagged) • IPv4 Routes: up to 4k • Jumbo Frame support: up to 9,000 Bytes(802.1Q Tagged) • OSPF Instances: up to 4 • Multi-Link Trunks: up to 32 Groups,with 8 Links per Group • OSPF Adjacencies: up to 16 • VLANs: up to 1,024 Port/Protoco 1/80 2.1 Q-based Pluggable Interfaces • 1000BASE-T up to 100m over CATH or better UTP Cable(RJ-45) • 1000BASE-BX up to 10 and 40 km reach variants on SMF(LC) • 1000BASE-SX up to 550m reach on MMF(Duplex LC) • Ethernet-over-T1 up to 2,874m reach over 22AWG Cable(RJ-48C) • 1000BASE-SX up to 550m reach on MMF(Duplex MTRJ) • 1OGBASE-SR up to 300m reach over MMF(Duplex LC) • 1000-BASE-LX up to 550m reach on MMF,and up to 10 km on SMF(Duplex LC) • 1OGBASE-LRM up to 220m over FDDI-grade MMF(Duplex LC) • 1000BASE-XD CDWM up to 40 km reach on SMF(Duplex LC) • 1OGBASE-LR/LW up to 1Okm reach over SMF(Duplex LC) • 1000BASE-ZX CDWM up to 70 km reach on SMF(Duplex LC) • 10GBASE-ER/EW up to 40km reach over SMF(Duplex LC) • 1000BASE-EX up to 120 km reach on SMF(Duplex LC) • 1OGBASE-ZR/ZW up to 80km reach over SMF(Duplex LC) 9/11/2 13 12:07 PM BidSync Page 1174�pf12' 12 State of Utah Bid JP14001 IEEE& IETF Standards Compatibility • IEEE 802.1D Spanning Tree Protocol • RFC 2012 SNMPv2 MIB for TCP • IEEE 802.1p Prioritizing • RFC 2013 SNMPv2 MIB for UDP • IEEE 802.1Q VLAN Tagging • RFC 2131 BootP/DHCP Relay Agent • IEEE 802.1X EAPoL • RFC 2138 RADIUS • IEEE 802.1s Multiple Spanning Tree Groups • RFC 2236 IGMPv2 • IEEE 802.1w Rapid Spanning Tree • RFC 2328 OSPF v2 • IEEE 802.1ab Link Layer Discovery Protocol • RFC 2453 RIP v2 • IEEE 802.3 Ethernet • RFC 2460 IPv6 Specification • IEEE 802.3(ANSI)Auto-negotiation • RFC 2461 Neighbor Discovery for IPv6 • IEEE 802.3u Fast Ethernet • RFC 2462 IPv6 Auto-configuration of link local addresses • IEEE 802.3x Flow Control • RFC 2474 Diff Sery • IEEE 802.3z Gigabit Ethernet • RFC 2475 Diff Sery • IEEE 802.3ab Gigabit Ethernet over Copper • RFC 2576/3584 Co-existence of SNMP vl/v2/v3 • IEEE 802.3ad Link Aggregation • RFC 2660 HTTPS(Secure Web Server) • IEEE 802.3af Power over Ethernet • RFC 2674 Q-BRIDGE-MIB • RFC 768 UDP • RFC 2737 Entity MIBv2 • RFC 791/950 IP • RFC 2819 RMON MIB • RFC 792 ICMP • RFC 2865 RADIUS • RFC 793 TCP • RFC 2866 RADIUS Accounting • RFC 826 ARP • RFC 2869 RADIUS Extensions • RFC 854 Telnet • RFC 3046 DHCP Relay Agent Information Option • RFC 894 IP over Ethernet • RFC 3164 BSD Syslog Protocol • RFC 951 BootP • RFC 3315 DHCP for IPv6 • RFC 1058 RIP v1 • RFC 3410 SNMPv3 • RFC 1112 IGMPvl • RFC 3411 SNMP Frameworks • RFC 1157 SNMP • RFC 3412 SNMP Message Processing • RFC 1213 MIB-II • RFC 3413 SNMPv3 Applications • RFC 1215 SNMP Traps Definition • RFC 3414 SNMPv3 USM • RFC 1271/1757/2819 RMON • RFC 3415 SNMPv3 VACM • RFC 1350 TFTP • RFC 3576 RADIUS • RFC 1361/1769 Simple Network Time Protocol (SNTP) • RFC 3917 IP Flow Information Export • RFC 1493 Bridge MIB • RFC 3993 DHCP Subscriber-ID sub-option • RFC 1573/2863 Interfaces Group MIB • RFC 3954 NetFlow Services Export v9 • RFC 1583 OSPF v2 • RFC 4007 Scoped Address Architecture • RFC 1643/2665 Ethernet MIB • RFC 4022 TCP MIB • RFC 1757 RMON • RFC 4113 UDP MIB • RFC 1850 OSPF v2 MIB • RFC 4193 Unique Local IPv6 Unicast Addresses • RFC 1905/3416 SNMP • RFC 4291 IPv6 Addressing Architecture • RFC 1906/3417 SNMP Transport Mappings • RFC 4293 IPv6 • RFC 1907/3418 SNMP MIB • RFC 4443 Internet Control Message Protocol(ICMPv6) • RFC 1945 HTTP v1.0 • RFC 4861 Neighbor Discovery for IPv6(in v6.6) • RFC 1981 Path MTU Discovery for IPv6 • RFC 4862 IPv6 Stateless Address Auto-Configuration(in v6.6) • RFC 2011 SNMPv2 MIB for IP • RFC 4673 RADIUS Dynamic Authorization Server MIB • RFC 4675 RADIUS Attributes for VLAN and Priority Support Weights & Dimensions • Height:4.37—87.4 cm, 1—2 RU • Depth: 36.82 cm • Width:43.82 cm • Weight: 6.6—15.2 kg Power Specifications • Input Voltage: 100-240 VAC • Power Consumption: 132—545 W • Input Current • Thermal Rating:450—1,850 Btu/h — 1.2—19.05A @ 100-120 VAC — 0.6—9.5 @ 200-240 VAC Environmental Specifications • Operating temperature: 0—50°C • Operating altitude: 0 to 3,692 maximum • Storage temperature:-40 to 85°C • Storage altitude: 0 to 12,192 maximum • Operating humidity: 5—95%maximum relative humidity, non-condensing • Acoustic Noise: less than 45—55dB at 35°C • Storage humidity: 10 to 90%maximum relative humidity, non-condensing Safety Agency Approvals • Global basis for certification: EN 60950 current edition with CB national member • Mexico:complies with NOM deviations Electromagnetic Emissions & Immunity • Global basis for certification:CISPR 22 Class A&CISPR 24, IEC 60950 with CB • European Union& EFTA:complies with EN 55022; EN 55024; member national deviations EN 61000-3-2; EN 61000-3-3 • US:complies with FCC CFR47 Part 15 • Japan/Nippon:complies with VCCI • Canada:complies with ICES Class A • Taiwan:complies with BSMI CNS 13428& 14336,Class A • Europe:complies with EN 55022 Class A; EN 55024; EN 300386 V1.3.3 Class A • Korea:complies with MIC Class A 9/11/2013 12:07 PM BidSync 2 6 2 State of Utah Bid JP14001 �fl rf' s t sK k i t.i�ji�ji�ji+�jt�jt�jtrjt c� s5a spa spa tips:!t:a spa s'a s ✓ a,. i Redundant Power • ERS 5650/5632 up to 2 field-replaceable internal • Available PSUs: 300, 600, 1000W AC and 300, Power Supplies 1000W DC • ERS 5698 up to 3 field-replaceable internal Power Supplies MTBF Values • 123,508 hours(14.0 years) Warranty • Lifetime Next Business Day hardware replacement • 90-Day Advanced Technical Support • Lifetime Basic Technical Support • Optional Software Release Service also available: GW5300ASG/GW6300ASG Country of Origin • China(PRC) • ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 07/13•DN5100-04 BidSync Page 1176�pf12'� 12 p3 State of Utah Bid JP14001 AVAYA The Power of We'" Avaya Ethernet Routing Switch 8800 Resilient, flexible, and scalable, the Avaya Ethernet Routing Switch 8800 delivers full-featured network virtualization, exceptional value and cost-effectiveness. Virtualization can transform your IT - Simplified configuration & management infrastructure and your business by including efficient service activation - providing a clear path to advanced free of error and delay applications that create a distinct competitive advantage. Virtualization - Optimized traffic separation - helping to delivers flexibility and scalability, and ensure multi-tenant partitioning & enables faster activation of new services regulatory compliance in data centers and across the campus. - Delivers the only optimized end-to-end " Leveraging high-availability and high- cloud architecture performance,virtualizing servers and " consolidating services delivers benefits - Offers the Industry's leading resiliency such as accelerated decision making, model -Avaya Switch Clustering - decreased recurring costs, increased empowering the most demanding productivity and simplified management. applications and boosting performance by forwarding Layer 2 &3 traffic across The Avaya ERS 8800 offers exciting new all available links possibilities with the Avaya VENA Fabric Connect capability, based on the Shortest � Features unique field-reprogrammable NPU-based Interface Modules that, Path Bridging (SPB) standard from the unlike conventional ASIC-based IEEE. Leveraging the power of this hardware, maintain full hardware-based standardized technology, together with performance and optimization as unique,value-added extensions,Avaya functionality and services evolve delivers a solution that is genuinely enterprise-ready and truly optimized. The Enables flexible virtualized Layer 3 Fabric Connect solution extends beyond deployment scenarios with device and the data center into the core of the network options:VRF-Lite, the campus: it offers simplified configuration innovative Avaya IP VPN-Lite, MPLS, & and management, including efficient IETF IP VPN service activation free of error and delay, Enables consistent IP VPN services optimized traffic separation that enables delivered across the campus and metro; multi-tenant partitioning and regulatory leveraging the same infrastructure to compliance, and delivers the industry's seamlessly extend service provider only optimized end-to-end Cloud MPLS-networks into the LAN architecture.Avaya VENA Fabric Connect creates a new approach to data Supports high-performance IPv6 networking, one that helps enterprises networking - a key scalability tool for fully reap the benefits of virtualization, in a demanding and expanding networks more simplified and cost-effective manner. This technology utilizes a new, � Offers high-density lOG,very high- 000 end-to-end enterprise-wide architecture density Gigabit and ise core and to help CIOs and IT departments meet the Ethernet for enterprise core and surging demand for new content and aggregation applications, delivering business collaboration applications. competitively-high value, flexibility, and enhanced slot conservation with a Highlights of the Ethernet Combo option Routing Switch Best-in-class Switch Clustering resiliency model is extended to VMware Server Innovates with Avaya VENA Fabric virtualization in an iSCSI storage area Connect;delivering game-changing network environment Layer 2 and Layer 3 virtualization capabilities for the data center and beyondtJ'g12 BidSync State of Utah Bid J P1 4001 Supported by a unified - Enhancing the Avaya VENA Fabric Delivering ubiquitous access to management framework featuring Connect capability with the enterprise applications and unified consistent AJAX-compliant web- introduction of the Multicast-over- communications tools can have based common services, SPB feature. This feature dramatic impact on enterprise authentication and audit logging, concurrently supports three productivity and performance.Avaya also benchmarks network traffic and deployment scenarios: is delivering this with its Unified identifies anomalous behavior using - L2 Virtual Service Networks with Access solution. By integrating the Standards-based IP Flow Multicast wireless data plane with the wired Information Export (IPFIX) data network- specifically the ERS - L3 Virtual Service Networks with 8800 -the solution overcomes the The Ethernet Routing Switch 8800 Multicast disadvantages of both the centralized meets demanding enterprise-class and distributed approaches and requirements for scalability, - IP Shortcuts with Multicast creates a scalable, reliable, high- simplification, maximized application performance architecture; perfect for uptime,value, and security. It reduces 'Era of Mobility'. network design complexity by Avaya VENA Unified simplifying the network architecture Access The Avaya VENA Unified Access and increasing per port value with Balancing cost, performance, and solution delivers: advanced features on high-density accessibility is a case of perpetual modules. - Genuine, next-generation scalability tradeoff in today's WLANs - none of and performance In addition to the capabilities offered the traditional architectural by Avaya Fabric Connect, multiple approaches provides a satisfactory - Real high-availability and options are available with the ERS resolution.A new solution is needed, robustness 8800 for creating IP Virtual Private one that leverages the power of the - A consistent access control solution Networking solutions across the centralized WLAN Controller without entire enterprise. Avaya Layer 3 sacrificing performance, but also - Lower equipment and operational virtualization is simple, flexible, and allowing for cost-effective distribution costs easy to deploy- and doesn't require of WLAN Access Points. The answer - Enables virtualization of the control adjustments to your existing is Avaya VENA Unified Access. plane infrastructure, requiring no additional Instead of focusing solely on whether - Unifies wired and wireless capital equipment expenditures. the data plane is best handled in the management Because solutions are standards- WLAN Access Point or the WLAN based and use well-understood IP Controller, the Unified Access Unified Access delivers the intelligent techniques, less training time is approach integrates the wireless data edge, one that helps reduce the required. This can reduce operational plane directly into the wired enterprise's total costs through the costs when compared to the networking infrastructure - efficiencies of a network that is smart knowledge transfer requirement of completely decoupled from the enough to authenticate, auto- rival offerings. classic WLAN components. In effect provision, and provide security, all Providing leading Ethernet port this makes the hardware burden for without constant intervention by the densities, the Avaya ERS 8800 switching WLAN traffic simply network administrator. The future is delivers the infrastructure for a highly disappear. now,Avaya is delivering this today reliable network that empowers with its Unified Access and Identity Here's how:traditional Ethernet Engines authenticated network unified communications and other business-critical applications. Switches already have most of the access solutions. capabilities to handle WLAN traffic Key enabling technologies for natively- the issue is not processing Multicast enhancements improved business collaborative power, but a lack of awareness of the include highly-effective unified mobility context for roaming sessions; to Avaya VENA Fabric communications;crucial to a that is, when a mobile device that has Connect successful deployment is the moved around the campus and Many of today's networks are selection and implementation of a therefore has an IP Address from a constrained when attempting to make reliable and versatile infrastructure new subnet. To facilitate efficient use of applications that require that will help ensure constant coordination with the WLAN control Multicast. The problems include availability. plane, and a lightweight mobility inefficient bridged IP Multicast agent added to the switch (this will configurations, or routed IP Multicast program switching tables in real-time that requires complex protocols; New for the 7.2 release: as sessions move), this awareness is making networks burdensome to - Introducing support for the Avaya easily incorporated. It makes much configure and operate. With the 7.2 VENA Unified Access solution; the more sense to leverage the power of software release, the ERS 8800 builds ERS 8800 delivers the data path the wired network, rather than on the simplicity and agility optimization component hamstring the WLAN by inserting introduced with the Avaya VENA software switching points through Fabric Connect capability, by out, or backhauling it all to another leveraging extensions to the Shortest location just to make switching Path Bridging (SPB)technology, that decisions. support a truly optimized Multicast 2 � Pae 1178 avaya.com solution. Page �T12 9/11/2 13 12:07 PM BidSync �2 State of Utah Bid J P1 4001 Both Bridged and Routed IP Multicast deployed;time-to-service being the - It can seamlessly expand from the traffic are supported, avoiding the catchword for modern businesses. data center- where most demand inefficiencies or complexities that exists today- out to the greater exist today, without any additional What is Avaya VENA? campus and beyond to the broader technology or protocols. This enterprise; delivering streamlined optimized functionality is achieved by Avaya Virtual Enterprise Network end-to-end connectivity from users the straightforward expediency of Architecture (Avaya VENA)allows to their content, all using one extending SPB's control plane to organizations to more easily consistent technology and design exchange advertisement and optimize business applications and model membership information for IP service deployments in and Multicast streams. This innovative between data centers and To find out more about Avaya VENA means that Fabric Connect now campuses please visit us at: provides a complete solution for Avaya VENA helps reduce costs and www.avaya.com/ve�ia Layer 2 Unicast, Broadcast, and can significantly improve time to Multicast virtualization, as well as service by more efficiently Resiliency, intelligence Layer 3 Unicast and Multicast routing optimizing the network connections and forwarding virtualization. between application servers and and scalability without The Multicast over SPB feature end users - essentially providing an design complexity supports three operational modes: end-to-end connection from the The Avaya ERS 8800 is a proven, desktop all the way to the data tested, resilient, and intelligent • L2 VSN with Multicast -Virtual center network solution that scales, Services Networks with IGMP It can also reduce risks for CIOs by delivering to the core of the network configured on access networks simplifying provisioning and policy hundreds of Gigabits per second delivering optimized forwarding of configurations, reducing network (Gbps)and hundreds of millions of Multicast traffic in a bridged re-clesigns, and providing new, packets per second (Mpps)of real- environment streamlined tools for network world performance. Its flexible • L3 VSN with Multicast -Virtual management architecture reduces the complexity of network design, making it ideal for Services Network with VRF-based - It can simplify device and network large-scale enterprise campuses. Routed IP Multicast configured configuration; replaces multiple within the Fabric and IGMP existing technologies with a single The ERS 8800 is a balanced solution, configured on access networks unified technology unconstrained by bottlenecks imposed by inferior designs. In • IP Shortcuts with Multicast- Routed It can optimize connectivity and addition to establishing a solid IP Multicast leveraging the Global resource availability/utilization; is foundation for traditional unified Routing Table for direct, Layer 3 not constrained by physical communications, the ERS 8800 reachability within the Fabric and topology and works equally well delivers a flexible networking IGMP configured on access with mesh or ring installations, small infrastructure that fosters growth by networks or large enabling businesses to leverage new, The benefits of this innovation center It can increase stability and emerging applications and around the simplicity of configuration scalability; decoupling the network technologies with a unique and the optimization of how core from user/application transport architecture which provides optimum Multicast-based applications operate. providing a completely robust performance. The absence of a Root Bridge solution requirement- with no election It pushes configuration out to the Always-on availability process and no blocked links- is itself edge of the cloud, automates Network resiliency is a basic a major step forward in terms of connectivity, and can dramatically mandatory requirement when efficiency and availability.Added to improve time-to-service; can implementing a modern unified this, leveraging further extensions to remove any need to re-configure network. The ERS 8800 supports the SPB model enable Avaya to the core, removing the risk of human redundant connectivity for virtualized deliver a solution that is agile, flexible, error, and it also empowers solutions with technologies such as simple, stable, highly scalable, and provisioning on the fly Avaya VENA Fabric Connect,VRF- notable for the ability to be quickly Lite,VPN-Lite, and MPLS LER IP-VPN for Edge networks. Avaya Fabric Connect is built on enhanced IEEE Shortest Path Bridging to provide resiliency, simplicity and a consistent interconnect that transparently supports co-existing services. Fabric Connect spans the network and enables one-touch provisioning for a full range of capabilities provided by Avaya VE14A Fabdc Connectava�4ecyff-b 'g12 9/11/2013 12:07 PM BidSync . 2 State of Utah Bid JP14001 The networking industry is a �� o. the NPU advantage Iperpetual work-in-progress, an Reaunfinished masterpiece', and the number of standards now runs into A well-known rival product -- one of the many that utilize the thousands. Equipment that is traditional ASIC technology - is only able to deliver 1Pv5 based on a ASIC traditional architecture is limited in that the forwarding performance at 50% of the levels claimed for functionality of these chipsets are set IPv4, This is a prime example of hover newer features cannot at a certain point in time and cannot be guaranteed at the same hardware-based performance easily adapt to future change. Typically this means that newer levels unless there is an ability to upgrade the architecture; features and functionality are no this is the advantage that the Avaya unique NPU design longer supported only in hardware provides, and we continue to leverage this for evolving and and require additional software processing. The switching emerging functionality such as network v rtualizatioh and " architecture of the ERS 88OO is Shortest Path Bridging-based Fabric Connect. uniquely based on Network Processing Units (NPU) rather than the ASIC technology typically found in rival products. MPUs are large-scale multiple Virtual Services Networks Additionally, organizations are CPU arrays specifically designed (VSNs). This architecture can increase encouraged to dual-connect servers for network-related functions such flexibility and scalability by delivering and, with minimum additional as efficient examination and an infrastructure that creates a investment, the sub-second failover manipulation of packet headers. The `private cloud', to deliver always-on advantage is automatically extended specialized high-performance NPU of content and access to applications in beyond the boundary of the Avaya is known as the Route Switch a dramatically simplified model. This networking equipment, all the way to Processor(RSP)and is an in-house approach also can protect the application host. Competitive development. It delivers fast-path, enterprises'core networks from the solutions, basing their failure recovery protected for the lifecycle of the costly failures and human-error issues model on variations of the Spanning product, through its ability to support that are often experienced by the Tree Protocol, cannot provide a in-life firmware upgrades and traditional, complicated process of comparable level of resiliency and provides 1OGbps line rate switching provisioning applications in a simplicity. and routing capabilities regardless virtualized environment. of standards evolution. Avaya To provide maximum protection, the Future-proofing has been able to leverage this ERS 8800 addresses resiliency at network re-programmable capability to deliver multiple levels.At the hardware level, Network devices must be able to new innovative features, such as IPv6, the switch provides hot-swappable distinguish different traffic types and our flexible IP VPN suite, and the new modules and fan trays along with N+1 to handle different traffic Fabric Connect capabilities, and is and dual input power supplies. Its requirements. A sense of traffic class unique in being able to help ensure software delivers resiliency for the awareness combined with the ability emerging functionality is continuously core with Industry-leading features to process each type uniquely sets delivered with hardware-based that include Virtual Link Aggregation the intelligent network apart from performance levels. Control Protocol (VLACP)for Layer common-place offerings. The ERS The ERS 8800 reduces complexity 1-2 link failure detection, 8800 combines intelligence and and risk in network design by Bi-Directionally Forwarding Detection performance to create a next- simplifying the network architecture (BFD)for Layer 3 link failure generation intelligent network and increasing value with advanced detection, and Switching Clustering solution. features on high-density modules. that leverages our pioneering Split High port density, combined with rich Multi-Link Trunking (SMLT), Routed capabilities and leading reliability Split Multi-Link Trunking (R-SMLT), and VRRP Active/Active technologies. elszar� �,_..., ttUt A��11t � �, iu � � i � i ( iikti�� ✓i i,�r, mt; �a s� i ERS 8800 3-Slot Switch ERS 8800 6-Slot Switch RSP-based Interface Modules ERS 8800- 10-Slot Switch 9/11/2 13 12:07 PM BidSync Page 1180p 2'g12 State of Utah Bid JP14001 technologies, deliver exceptionally high 1OOOBASE-X SFP connectivity. value to the enterprise. Avaya RSP These latest generation 8800-Series , " , User Access technology, based on this flexible NPU Interface Modules featuring the RSP architecture, offers investment 2.7 network processing units, enable protection with an in-field firmware the ERS 8800 to deliver enhanced open&interoperable upgrade capability, and helps ensure mirroring capabilities, including « Leverages simple that the ERS 8800 remains ever-green, one-to-many, many-to-one and &ubiquitous All Links always delivering hardware-based many-to-many mirroring for functionality &Resources performance. sophisticated traffic analysis and are fully active IDS/TPS clustering.Innovative options Flexible and ScalableApplications: new The ERS 8800 is available in multiple capabilities & choices Chassis options: a 10-Slot featuring optimize eight Slots for Interface Modules; a communications 6-Slot featuring four Slots for Interface Modules; and a 3-Slot featuring two Through advanced capabilities Fault tolerance Optimises end-to-end Slots for Interface Modules. This including Avaya Fabric Connect, &instant recovery ,a availability enables the ERS 8800 to be deployed VRF-Lite, IP VPN-Lite, and MPLS- ; Applications in a variety of deployment scenarios, based IP VPN, the ERS 8800 &Servies always helping to ensure the optimum enables virtual services across mix of flexibility, capacity, and cost- campus and metro environments to Switch effectiveness. There is also the 8010co address new business requirements it�lsertrng Central Office -10-Slot Chassis which is and applications. For example, a NESS-compliant for deployments university seeking to connect With the Avaya VENA Fabric scenarios that require a carrier-class several campuses can choose Connect capability,virtual networks platform. traditional MPLS technology or can can be created in seconds with leverage the innovative Avaya IP single touch provisioning. The core The 8895SF Switch Fabric/CPU Module VPN-Lite solution, and where an is built out and provisioned one time is the latest version and offers Ethernet-based MAN is available, and when new virtual networks are significant enhancements in terms of transition directly to enhanced and required -either to support new CPU performance and Memory extended SPB. communities of interest or new capacity; it is also 5Ol more energy- applications -they are enabled efficient. These advances allow the SPB is based on an open standard, solely at the edge of the network 8895SF to natively support both 802.1aq developed by the IEEE without requiring any manual existing and emerging services and (Institute of Electrical and Electronic provisioning of the core. This applications that place intense Engineers). Being both standardized reduces service activation from the demands on the networking and open this means that as other days and months, necessitated by vendors also introduce support for infrastructure. The 8895SF is today's legacy networks, to minutes functionally equivalent to the previous SPB there is a genuine opportunity and seconds. It essentially for interworking between different 8692SF Switch Fabric/CPU Module eliminates the human error factor when upgraded with the Enterprise devices from different suppliers; and thereby dramatically increases Enhanced CPU Daughterboard (aka empowering customers with more network availability. SuperMezz). freedom. SPB has been described as "Layer 2 Routing", and there is a In many organizations, the network Versatile Interface Options developing requirement to operate requires a total separation of traffic. much of the data center network at This could be for regulatory or The ERS 8800 supports an innovative Layer 2 (as opposed to Layer 3). security reasons or it could be hybrid combination module that because a central IT organization concurrently supports 1OG Ethernet As virtualization becomes more has to support departments or (x2), 1OOOBASE-X (x24), and widely deployed, networks will subsidiary companies, each with 10/100/1000 (x8) ports; economical, inherently become much more their own unique needs, however at flexible and a class-first, this `combo' dynamic than they are today, and the same time all requiring access to module meets the demands of smaller having an end-to-end solution that a common set of business aggregation sites. It is an affordable simplifies the perpetual adds, moves applications or services. With the solution providing all the functionality and changes will become crucial - extension of the Avaya VENA Fabric many enterprises need in one especially given the fact that human Connect capability into the campus convenient and cost-effective module. error in provisioning new services network, setting up each of these accounts for almost 40%of all distinct communities of interest is The range of high-performance 1/0 network downtime. This is just as both simplified and optimized. Now, module options offer a number of important in the campus network as traffic separation can be truly end- practical options, and these include a it is in the data center;Avaya, like to-end, without traffic being high-density 1OG Ethernet (12 ports per our customers, understands that re-combined into shared networks module and up to 96 ports per Chassis) availability is an end-to-end and high-density 48-port modules equation. support 10/100/1000 Copper or a va 2 p1212 9/11/2013 12:07 PM BidSync 2 State of Utah Bid JP14001 within the core;a very common limitation of legacy networks. Real-world ri . Avaya Fabric Avaya is the vendor creating an enterprise-wide model for delivering "Metro City" has a large number of departments - each with highly resilient access to applications their own systems and applications but each requiring and services with light-touch provisioning. This ultimately reduces access to some shared resources. Due to the sensitive operational expenses and simplifies nature of some of the traffic within these departments, the overall management of the infrastructure.Avaya has defined a providing complete isolation of traffic is of paramount single consistent model that spans importance. Because of budget constraints, "Metro City" from user to content, one that retains was looking for a cost-effective solution that would be easy the most efficient elements of our proven always-on heritage together to manage and maintain in order to keep on-going with the advantages of a operational costs low. As one of their primary cost reduction sophisticated, standards-based and initiatives they are looking at server virtua'lization in their carrier-proven capability. Crucially, Avaya Fabric connect does not suffer data center, and at;potentially mobilizing virtual machines in from the typically limitations of single the future. points-of-failure and the need to interconnect differing forms of "Metro City" chose to evolve their network with the Avaya technology, one for the data center and others for the campus and MANS ERS 8804, with which they can very easily establish distinct WAN. virtual networks to support each of their different departments. Since some of these departments carry Virtual Routing and Forwarding (VRF-Lite) sensitive traffic they Irked that Avaya VENA's architecture Through VRF-Lite on ERS 8800, provides end-to-end traffic isolation - and unlike today's enterprises can use the same legacy implementations traffic is not recombined into hardware platform to create multiple shared networks in the core. They also liked the flexibility in Layer 3 routing domains to support setting up these different virtual multi-tenant networks multiple customers and to maintain separation for both Unicast and since they can be enabled either at Layer 2 or at Layer 3 (by Multicast traffic. mapping, respectively, VLANs or VRFs to Service Instances The VRF-Lite capability virtualizes for transport over the end-to-end Fabric Connect solution), routing within the switch, addressing business and networking challenges Since their migration to data center virtuallzation was to driven by activities such as mergers occur progressively, "Metro City" appreciated the fact that and acquisitions, data center Avaya's architecture could be enabled in parallel with all consolidation, departmental or business unit segmentation, and other protocols presently in use on the network and there evolving audit and compliance would be no need to change physical connections or requirements. By enabling the switch existing configurations; they could migrate at their own to have multiple routing instances (up to 255), more sophisticated pace, in'a non-disruptive manner. connections can be enabled in addition to support for overlapping IP Addresses. Complete and total traffic separation at Layers 2 and 3 is the practice, however the system build any-to-any private connections Frame Relay or ATM) or exclusivity to usualbetween local or geographically a single service provider.Avaya IP can configured to provide inter- VRF forwarding capabilities, allowing dispersed sites using any IP VPN-Lite solution is inherently less shared access to common resources. infrastructure (private networks or via complex and therefore much more a public IP Service Provider). cost-effective than using a full MPLS alternative. Managing IP VPN-Lite Virtual Private Networking IP VPNs are typically used for cross- versus MPLS is simpler and does not through IP VPN-Lite location connectivity and to create require specialized carrier-class IT trusted connections to external skills or resources. The foundation of The Avaya IP VPN-Lite capability is an partner organizations, leveraging IP IP VPN-Lite is simply an IP network, innovative IP-in-IP technology that as the common carriage and using the flexible RFC 2547/4364 delivers VPN services that are easier removing dependency on specific connectivity model and it does not to implement, deploy, and manage. wide area technologies (such as With IP VPN-Lite, enterprises can g require an MPLS-enabled core 8V .0 Page 1182 �pf12'g12 9/11/2 13 12:07 PM BidSync State of Utah Bid JP14001 infrastructure. This simplified solution can scale per carrier-class MPLS with �® � � � �® the cost-effective simplicity of a tenant solution designed specifically for the operations enterprise. Delivering total flexibility, the ERS 8800 supports classic MPLS in addition to IP VPN-Lite and VRF- An airport handling a large amount of traffic from multiple Lite and all VPN technologies can be national and international airlines and local on-site concurrently leveraged to deliver businesses, seeks anetworking solution that maximizes individually tailored solutions. application uptime, safeguards information, and delivers Multi-Protocol Label Switching excellent business value. By choosing the Ethernet Routing (MPLS) Switch 8800 with its versatile Fabric Connect networking MPLS forms the basis for most service capabilities, the airport supports all of these communities provider IP VPNs and is used in most and keeps traffic segregated using a single, cost-effective WAN solutions because it delivers sophisticated connectivity and traffic hardware platform that is easy to implement and manage, engineering techniques. By implementing this same functionality the ERS 8800 can interoperate directly with third party MPLS Management and Visibility The ERS 8800 also supports networks and participate in their IP enhanced system-wide VPNs, extending them into the The ERS 8800 can be managed by a troubleshooting information cam enterprise us network as variety of management tools, creating p p providing comprehensive information t i l tienvironment flexible operational required. Enterprise architects can a should the CPU need to recover leverage this interoperability to create based on business requirements. automatically. The Key Health ERS 8800-based MPLS environments These include:standardized Indicators (KHI)capability allows for that increase the overall level of Command Line Interface (CLI), Web- the collection of statistics and transparency. based Enterprise Device Manager information about system health for (EDM), SNMP-based management troubleshooting purposes, and (SNMPv1,v2 &v3), and the Avaya identifies a small number of key Enterprise-class and Data Solutions Management health indicators that allow quick enterprise- framework provides for assessment of the overall operational fit-for-purpose comprehensive, centralized, and state. Additional sophisticated system multi-facetted network management. analysis tools such as RSP Packet Multicast Virtualization This framework is based on Common Tracing and ERCD Records Dump Services- authentication and access enhance the serviceabilityand Multicast virtualization of IGMP and control, audit, etc- and then a PIM-SM/SSM, along with Unicast operational posture of the ERS 8800 virtualization, is supported on the number of integrated AJAX-based platform. same system by leveraging VRF-Lite. plug-in applets that deliver seamless This extends the benefit of simplified task-specific capabilities all with a consistent look and feel: Why choose Avaya? network design, less investment in Configuration and Orchestration Avaya offers multiple, flexible options hardware, lower operational expense; Visualization, all of which is supported by the best- Management; that enable virtualized solutions Performance, and Fault Management; across the campus including the in-class Switch Clustering resiliency. IP Flow Manager; and the standards-based Avaya Fabric Virtualization Provisioning Service. Connect capability and the innovative Avaya Automatic QoS Provision Wizards and other labor- IP VPN-Lite. The unique design With Avaya Automatic QoS, an ERS architecture of the future-ready NPU- 8800 supporting an Avaya Unified saving tools provide faster service based Interface Modules sets Avaya Communications solution activation and more consistent apart; delivering optimal functionality automatically recognizes the special, approach to configuration;this has and performance as new applications private Differentiated Service Code the added benefit of reducing human- and services emerge, and offers high Point (DSCP)values used by specific error, as templates are mmenpre-pophotsulated density and exceptional port value. Avaya VoIP applications and with required best-practicelus recommendations The Combo Module- supporting or required values. The entire optimizes the management of egress Copper 10/100/1000, SFP, and XFP queues. Without this functionality, framework is faster, more accurate which interfaces - cost-effectively meets the operators would require detailed enables a faster, more accurate and requirements of smaller sites. Avaya is delivering both device-centric and knowledge of how QoS works and the highly-intelligent approach rthe solution vendor to offer best-in- private DSCP values in order to class resiliency for Unicast, Multicast, manually configure optimized queue network-wide management services. Virtualized, and IPv6 environments. usage. With this feature, the process is automated, optimized, and protects against errors in configuration. {� 7 9/11/2013 12:07 PM BidSync '126 2 State of Utah Bid J P1 4001 Summary - MAC Address: up to 64k - ERS 8800 Advanced Software The Ethernet Routing Switch 8800 is - IP Interfaces:1,972 License, activating additional a resilient, efficient, scalable solution features: BGP4, IPv6 Routing, BFD, that enables enterprises to build a - Dynamic ARID Entries: up to 32k MSDP, & PCAP truly unified communication-ready - VRRP Interfaces: up to 255 - ERS 8800 Premier Software network infrastructure and provide - License, activating additional IP Forwarding Table: 2SOk reliable business continuity for critical features:Advanced features plus applications; enterprises can scale - ECMP Routes: up to Sk Fabric Connect (including converged and web applications - Multicast), IP VPN-Lite, MP-BGP, RIP Instances: up to 64 network-wide with always-on MPLS IP VPN, &VRF-Lite (including resiliency. The ERS 8800 offers a - RIP Interfaces: up to 200 Multicast) high-performance architecture combining rich, advanced services for ' RIP Routes: up to 10k IEEE and IETF Standards converged applications that enhance, - OSPF Instances: up to 64 Compatibility protect and simplify network service and operations. Customers making - OSPF Adjacencies: up to 80 - 802.ID-1998 Spanning Tree Protocol strategic investments in their campus - OSPF Routes: up to SOk - 802.1p Priority Queues LAN infrastructure can rely on the ERS 8800 to create flexible solutions - BGP Peers: up to 25O - 802.1Q Virtual LANs that match their business evolution.A - BGP Routes: up to 25Ok - 802.1s Multiple Spanning Trees provider of end-to-end solutions spanning voice, data, applications and - SPB C-VLANs: up to 1,500 - 802.1w Rapid Reconfiguration of network management,Avaya has the - Spanning Tree SPB IS-IS Adjacencies: up to SO proven expertise to help businesses - 802.1v VLAN Classification by enhance revenue potential, streamline - SPB IP Routes for L3 VSN: up to 25k Protocol & Port business operations, increase - SPB IP Routes for IP VPN-Lite/SPB: productivity and gain competitive up to 250k 802.1X Port Based Network Access advantage. - VRF-Lite Instances: up to 255 Control - 802.1ag OA&M compliant for Learn More - MPLS LDP LSPs: up to 16k Loopback and Link-trace To learn more about the Avaya - MPLS Tunnels: up to 2,500 - 802.1aci Shortest Path Bridging/ Ethernet Routing Switch 8800, D2.5 contact your Avaya Account Manager, ' PIM Active Interfaces: up to 200 - 802.IAX/802.3ad Link Aggregation Avaya Authorized Partner or visit us - PIM Neighbors: 80/up to 200 for all Control Protocol at:www.avaya.colrn. VRFs - 802.3 CSMA/CD Ethernet (ISO/IEC Specifications - IP Multicast Streams: up to 4k 8802-3) General and Performance System - 802.3 1OBASE-T Ethernet • Switch architecture: 720Gbps gross - 8010 or 8010co 10-Slot, 8006 - 802.3i 1OBASE-T-Auto-Negotiation throughput 6-Slot, and 80038 3-Slot Chassis - 802.3u IOOBASE-TX Fast Ethernet options • Switch Fabric performance: up to (ISO/IEC 8802-3, Clause 25) S12Gbps in an Active/Active - 8895SF Switch Fabric/CPU Module - 802.3u IOOBASE-FX configuration Interface Modules - 802.3u Auto-Negotiation on Twisted • Frame forwarding rate: up to - 8812XL 12-port 1OGbE SFP+ Pair(ISO/IEC 8802-3, Clause 28) 38OMpps Ethernet Interface Module* - 802.3x Flow Control on the Gigabit • Frame length: 64 to I518 Bytes - 8834XG 34-port Combo 10/100/100 Uplink port (802.IQ Untagged), 64 to I522 bytes &1GbE SFP&1OGbE XFP Ethernet - 802.3z Gigabit Ethernet IOOOBASE- (802.IQ Tagged) Interface Module SX& LX • Jumbo Frame support: up to 9,000 - 8848GB 48-port 1GbE SFP Ethernet - 802.3ab 1OOOBASE-T Ethernet Bytes (802.IQ Tagged) Interface Module • Multi-Link Trunks: up to 128 Groups, - 8848GT 48-port 10/100/1000 - 802.3ab IOOOBASE-LX Ethernet with 8 Links per Group Ethernet Interface Module - 802.3ab IOOOBASE-ZX Ethernet • VLANs: up to 4,000 Port/ Software - 802.3ab 1OOOBASE-CWDM Protocol/802.1Q-based Ethernet • Multiple Spanning Tree Groups: up ERS 8800 Base Software License - 802.3ab IOOOBASE-SX Ethernet to 32 *The 8812XL Module supports SFP+Pluggable Transceivers that operate at 10Gbps only,not those that operate at IGbps.The 8812XL does support Direct Attach Cables for low-cost copper-based 8 1 avaya.com 10Gbps connectivity. 9/11/2013 12:07 PM BidSync Page 1184p 'q12 .�2 State of Utah Bid JP14001 • 802.3ab 1000BASE-XD Ethernet - RFC 1745 BGP/OSPF Interaction - RFC 2765 Stateless IP/ICMP • 802.3ab 1000BASE-BX Ethernet - RFC 1771/RFC 1772 BGP-4 Translation Algorithm • 802.3ae 10GBASE-X XFP - RFC 1812 Router Requirements - RFC 2796 BGP Route Reflection - An Alternative to Full Mesh IBGP • RFC 768 UDP Protocol - RFC 1866 HTMLv2 Protocol - RFC 2819 Remote Monitoring • RFC 783 TFTP Protocol - RFC 1965 BGP-4 Confederations - RFC 2858 Multiprotocol Extensions • RFC 791 IP Protocol - RFC 1966 BGP-4 Route Reflectors for BGP-4 • RFC 792 ICMP Protocol - RFC 1998 An Application of the BGP - RFC 2918 Route Refresh Capability • RFC 793 TCP Protocol Community Attribute in Multi-home for BGP-4 • Routing - RFC 2961 RSVP Refresh Overhead RFC 826 ARP Protocol - RFC 1997 BGP-4 Community Reduction Extensions • RFC 854 Telnet Protocol Attributes - RFC 2992 Analysis of an Equal-Cost • RFC 894 A standard for the - RFC 2068 Hypertext Transfer Multi-Path Algorithm Transmission of IP Datagrams over Protocol - RFC 3031 Multiprotocol Label Ethernet - RFC 2131 Dynamic Host Control Switching Architecture • Networks Protocol - RFC 3032 MPLS Label Stack • RFC 896 Congestion control in IP/ - RFC 2138 RADIUS Authentication Encoding TCP internetworks - RFC 2139 RADIUS Accounting - RFC 3036 LDP Specification • RFC 903 Reverse ARP Protocol - RFC 2178 OSPF MDS cryptographic - RFC 3037 LDP Applicability • RFC 906 Bootstrap loading using authentication/OSPFv2 - RFC 3065 Autonomous System TFTP - RFC 2205 Resource Reservation Confederations for BGP • RFC 95O Internet Standard Sub- Protocol -v1 Functional - RFC 3210 Applicability Statement Netting Procedure Specification for Extensions to RSVP for • RFC 951/RFC 2131 BootP/DHCP - RFC 2210 The Use of RSVP with - RFC 3215 LDP State Machine • RFC 1027 Using ARP to implement IETF Integrated Services RFC 3270 Multi-Protocol Label transparent subnet gateways/ - RFC 2211 Specification of the Switching Support of Differentiated Nortel Subnet based VLAN Controlled-Load Network Element Services Service • RFC 1058 RIPv1 Protocol - RFC 3376 Internet Group • RFC 2236 IGMPv2 for snooping RFC 1112 IGMPvl Management Protocol,v3 • RFC 1253 OSPF - RFC 2270 BGP-4 Dedicated AS for - RFC 3392 Capabilities • sites/single provide Advertisement with BGP-4 LSP- RFC 1256 ICMP Router Discovery - RFC 2283 Multiprotocol Extensions Tunnels • RFC 1305 Network Time Protocol v3 for BGP-4 - RFC 3443 Time To Live Processing Specification, Implementation and - RFC 2328 OSPFv2 in Multi-Protocol Label Switching Analysis3 Networks • RFC 1332 The PPP Internet Protocol � RFC 2338 VRRP:Virtual Control Protocol Redundancy Router Protocol - RFC 3569 An overview of Source- RFC 2362 PIM-SM Specific Multicast • RFC 1340 Assigned Numbers - RFC 3917 Requirements for IP Flow • RFC 1541 Dynamic Host RFC 2385 BGP-4 MD5 Information Export Configuration Protocol authentication RFC 2439 BGP-4 Route Flap - RFC 4364 BGP/MPLS IP Virtual • RFC 1542 Clarifications and Dampening Private Networks Extensions for the Bootstrap - RFC 4379 Detecting Multi-Protocol Protocol - RFC 2453 RIPv2 Protocol Label Switched Data Plane Failures • RFC 1583 OSPFv2 - RFC 2475 An Architecture for - draft-holbrook-idmr-igmpv3- • RFC 1587 The OSPF NSSA Option Differentiated Service ssm-02.txt IGMPv3 for SSM • RFC 1591 DNS Client - RFC 2547 BGP/MPLS VPNs - draft-ietf-bfd-v4v6-1hop-06 IETF • RFC 1695 Definitions of Managed - RFC 2597 Assured Forwarding PHB draft Bi-Directional Forwarding Objects for ATM Management v8.0 Group Detection for IPv4 and IPv6 (Single Hop) using SMIv2 - RFC 2598 An Expedited Forwarding • RFC 1723 RIP v2- Carrying PHB - RFC 1075 DVM RP Protocol Additional Information - RFC 2702 Requirements for Traffic Engineering Over MPLS 9/11/2013 12:07 PM BidSync Page 1185�pf121 K12 State of Utah Bid J P1 4001 • RFC 1112 IGMP v1 for Routing/ - RFC 2893 Transition Mechanisms for - RFC 1757/RFC 2819 RMON Snooping IPv6 Hosts and Routers - RFC 1907 SNMPv2 • RFC I519 Classless Inter-Domain - RFC 3056 Connection of IPv6 - RFC 1908 Coexistence between v1 & Routing:an Address Assignment Domains via IPv4 Clouds v2 of the Internet-standard Network and Aggregation Strategy - RFC 3363 Representing Internet Management Framework • RFC 2236 IGMP v2 for routing Protocol Version 6 Addresses in - RFC 1930 Guidelines for creation, snooping DNS3 selection, and registration of an • RFC 2362 + some PIM-SM v2 - RFC 3484 Default Address Autonomous System extensions Selection for IPv6 - RFC 2571 An Architecture for • RFC 3446 Anycast Rendezvous - RFC 3513 Internet Protocol Version Describing SNMP Management Point mechanism using Protocol 6 Addressing Architecture Frameworks Independent Multicast and Multicast Source Discovery Protocol . RFC 3587 IPv6 Global Unicast - RFC 2572 Message Processing and Address Format Dispatching for the Simple Network • RFC 3618 Multicast Source - RFC 3596 DNS Extensions to Management Protocol Discovery Protocol Support IP v6 - RFC2573 SNMP Applications • RFC 3768 Virtual Router - RFC 3587 IPv6 Global Unicast - RFC 2574 user-based Security Redundancy Protocol Address Format Model for v3 of the Simple Network • RFC 1881 IPv6 Address Allocation - RFC 3590 Source Address Selection Management Protocol Management for the Multicast Listener Discovery - RFC 2575 View-based Access • RFC 1886 DNS Extensions to Protocol Control Model for the Simple support IP version 6 - RFC 3596 DNS Extensions to Network Management Protocol • RFC 1887 An Architecture for IPv6 support IP version 6 - RFC 2576 Coexistence between v1, Unicast Address Allocation - RFC 3810 IPv6 Multicast capabilities v2, &v3 of the Internet Standard • RFC 1981 Path MTU Discovery for IP SSH/SCP, Telnet, Ping, CLI,JDM Network Management Framework v6 support for IPv6 - RFC 1212 Concise MIB definitions • RFC 2030 Simple Network Time - RFC 1305 NTP Client/Unicast mode - RFC 1213 TCP/IP Management Protocol v4 for IPv4, IPv6&OSI only Information Base • RFC 2373 IPv6 Addressing - RFC 1340 Assigned Numbers - RFC 1213 MIB 11 Architecture - RFC 1350 The TFTP Protocol - RFC 1354 IP Forwarding Table MIB • RFC 2375 IPv6 Multicast Address (Revision 2) - RFC 1389/RFC 1724 RIPv2 MIB Assignments - RFC 2474 RFC 2475 DiffSery extensions • RFC 2460 Internet Protocol, v6 Support - RFC 1398 Definitions of Managed Specification - RFC 2597 RFC 2598 DiffSery per Objects for the Ethernet-Like • RFC 2461 Neighbor Discovery Hop Behavior Interface Types • RFC 2462 IPv6 Stateless Address - RFC IISS SMI - RFC 1406 Definitions of Managed Auto-Configuration - RFC II57 SNMP Objects for the DS1 and El Interface • RFC 2463/4443 Internet Control Types Message Protocol for the Internet - RFC 1215 Convention for defining - RFC 1414 Identification MIB Protocol v6 Specification traps for use with the SNMP - RFC 1442 Structure of Management • RFC 2464 Transmission of IPv6 - RFC 1269 Definitions of Managed Information for version 2 of the Packets over Ethernet Networks Objects for the Border Gateway Simple Network Management • RFC 2474 Definition of the Protocol v3 Protocol Differentiated Services Field in the - RFC 1271 Remote Network - RFC 1447 Party M I B for v2 of the IPv4 and IPv6 Headers Monitoring Management Simple Network Management • RFC 2526 Reserved IPv6 Subnet Information Base Protocol bytes Anycast Addresses - RFC 1304 Definitions of Managed - RFC 1450 Management Information • RFC 2710 Multicast Listener Objects for the SIP Interface Type Base for v2 of the Simple Network Discovery for IPv6 - RFC 1354 IP Forwarding Table MIB Management Protocol - RFC 1472 The Definitions of • RFC 2740 OSPF for IPv6 - RFC 1389 R I P v2 M I B Extensions Managed Objects for the Security • RFC 2893 Configured Tunnels and - RFC I565 Network Services Protocols of the Point-to-Point Dual Stack Routing per port Monitoring MIB Protocol io I avaya.com 9/11/2013 12:07 PM BidSync Page 1186p 'g12 .�2 State of Utah Bid J P1 4001 • RFC 1483 Multiprotocol - RFC 2863 Interface Group MIB - draft-unbehagen-splo-ip-ilovion-00 - Encapsulation over ATM Adaptation - RFC 2925 Remote Ping, Traceroute IP/IPVPN Services with IEEE 802.1aq Layer SPB networks & Lookup Operations MIB • RFC 1493 Bridge M I B - RFC 2932 IPv4 Multicast Routing Weights & Dimensions • RFC I525 Definitions of Managed MIB - Ethernet Routing Switch 8010 Objects for Source Routing Bridges - RFC 2933 IGMP MIB Chassis -14RU • RFC I565 Network Services - RFC 2934 PIM MIB Height: 22.9 in. (58.2 cm) Monitoring MIB Width:17.5 in. (44.5 cm) - RFC 3019 IPv6 MIB: MLD Protocol Depth:19.9 in. (SO.S cm) • RFC I573 Interface M I B Weight: up to 225 lb (102 kg) • RFC 1643 Ethernet M I B - RFC 3411 An Architecture for Cooling System: Describing Simple Network - Fan Trays: 2 per Chassis • RFC 1650 Definitions of Managed Management Protocol (SNMP) - Fans:IS per Fan Tray Objects for the Ethernet-like Management Frameworks - Thermal Sensors:I per Fan Tray Interface Types using SMIv2 - RFC 3412 Message Processing and Ethernet Routing Switch 8010co • RFC 1657 BGP-4 MIB using SMIv2 Dispatching for the Simple Network Chassis - 20RU • RFC 1658 Definitions of Managed Management Protocol Height: 35.9 in. (88.9 cm) Objects for Character Stream - RFC 3416 v2 of the Protocol Width:17.5 in. (44.5 cm) Devices using SMIv2 Operations for the Simple Network Depth: 23.7 in. (60.2 cm) Management Protocol Weight: up to 315 lb (143 kg) • RFC 1695 Definitions of Managed Cooling System: 8010co features Objects for ATM Management v8.0 - RFC 3635 Definitions of Managed front-to-back cooling and the using SMIv2 Objects for the Ethernet-like maximum airflow specification for • RFC 1696 Modem Management Interface Types the 8010co Chassis is 330 linear ft/ Information Base using SMIv2 - RFC 3636 Definitions of Managed min • RFC 1724 RIP v2 MIB Extension Objects for IEEE 802.3 Medium The 8010co Chassis complies Attachment Units with Network Equipment Building • RFC 1850 OSPF MIB - RFC 3810 Multicast Listener Standard (NEBS) Level 3 as • RFC 2021 RMON MIB using SMIv2 Discovery v2 for IPv6 specified in SR3580. Typically the 8010co has superior physical and • RFC 2037 Entity MIB using SMIv2 - RFC 3811 Definitions of Textual environment specifications; please • RFC 2096 IP Forwarding Table MIB Conventions for Multiprotocol Label reference to the product Switching Management documentation for full details • RFC 2233 Interfaces Group MIB using SMIv2 - RFC 3812 Multiprotocol Label Ethernet Routing Switch 8006 Switching Traffic Engineering Chassis -IORU • RFC 2452 IPv6 MIB:TCP MIB Management Information Base Height:I5.8 in. (40.1 cm) • RFC 2454 IPv6 MIB: UDP MIB - RFC 3813 Multiprotocol Label Width:17.5 in. (44.5 cm) • RFC 2465 IPv6 MIB: IPv6 General Switching Label Switching Router Depth:19.9 in. (SO.S cm) Weight: up to 170 lb (77 kg) group and textual conventions Management Information Base Cooling System: • RFC 2466 IPv6 MIB: ICMPv6 Group - RFC 3815 Definitions of Managed - Fan Trays:I per Chassis Objects for the Multiprotocol Label - Fans:20 per Fan Tray • RFC 2578 Structure of Management Switching, Label Distribution - Thermal Sensors:I per Fan Tray Information v2 Protocol Ethernet Routing Switch 80038 • RFC 2613 Remote Network - RFC 4022 Management Information Chassis - 7RU Monitoring MIB Extensions for Base for the Transmission Control Height:12.25 in. (31.1 cm) Switched Networks vI.0 Protocol 4087 IP Tunnel MIB Width:17.5 in. (44.5 cm) Depth: 21.0 in. (53.5 cm) • RFC 2665 Definitions of Managed - RFC 4113 Management Information Weight: up to 76 lb (34.5 kg) Objects for the Ethernet-like Base for the User Datagram Cooling System: Interface Types Protocol - Fan Trays:I per Chassis • RFC 2668 Definitions of Managed - RFC 4624 Multicast Source - Fans:3 per Fan Tray Objects for IEEE 802.3 Medium Discovery Protocol MIB Attachment Units Environmental Specifications - RFC 4893 BGP Support for Four- - Operating temperature: 0°C to 40°C • RFC 2674 Bridges with Traffic MIB octet AS Number Space (32°F to 104°F) • RFC 2787 Definitions of Managed - RFC 6329 IS-IS Extensions - Storage temperature: -25°C to 70°C Objects for the Virtual Router supporting IEEE 802.1aq Shortest (-13°F to 158°F) Redundancy Protocol Path Bridging avaya.comIii 9/11/2013 12:07 PM BidSync Page 1187p 'V12 .�2 State of Utah Bid J P1 4001 • Operating humidity: 85% maximum - US: FCC CFR47 Part IS, Subpart B, relative humidity, non-condensing Class A • Storage humidity:95% maximum relative - Canada: ICES-003, Issue-2, Class A humidity, non-condensing - Europe: EN 55022-1998 Class A; EN • Operating altitude: 3024 m (10,000 ft) 61000-3-2/AI4 maximum • Storage altitude: 3024 m (10,000 ft) Electromagnetic Immunity maximum - Global basis for certification: CISPIR 24:1997 • Free fall/drop: ISO 4180-s, NSTA IA - Europe: EN 55024:1998 • Vibration: IEC 68-2-6/34 • Shock/bump: IEC 68-2-27-29 Warranty Safety Agency Approvals - 12 months on principle components • Global basis for certification: IEC 60950 MTBF Values current edition with all CB member - Chassis: 653,732 to 2,043,676 hours deviations - Power Supplies:108,803 to 282,805 • US: UL609SO hours • Canada: CSA 22.2 No. 60950 - Switch Fabric/CPU Module: 213A54 hours • Europe: EN6095O (CE Marking) - Interface Modules: 350,814 to 388,833 • Australia/New Zealand:AS/NZS 3260 hours • Mexico: NOM-019-SCFI-1998 Country of Origin Electromagnetic Emissions - Malaysia (with the exception of Power Supplies which are manufactured in PIR Global basis for certification: CISPIR China) 22-1997 Class A 7DS1402002-E5 CompPart Code Description ChassiDS1402001-E5 8010 10-Slot Chassis,complete with Fan Trays DS1402004-E5 8010co 10-Slot Central Office Chassis,complete with Fan Trays 8006 Series 6-Slot Chassis,complete with Fan Trays DS1402011-E5 8003R Series 3-Slot Chassis,complete with Fan Tray System Modules DS1404120-E5 8895SF Switch Fabric/CPU Module Power Supplies DS1405012-E5 8005AC 100-240V AC Power Supply, up to 1462W DS1405018-E5 8005AC 100-240V AC Dual Input Power Supply, up to 1462W DS1405011-E5 8005DC DC Power Supply, 1462W DS1405017-E5 8005DC DC Dual Input Power Supply, 1462W Interface Modules DS1404121-E6 8812XL 12-port 10GIbE SFP+Ethernet Interface Module DS1404123-E6 8834XG 34-port Combo 10/100/100& 1GbE SFP& 10GIbE XFP Ethernet Interface Module DS1404122-E6 8848GB 48-port 1GbE SFP Ethernet Interface Module DS1404124-E6 8848GT 48-port 10/100/1000 Ethernet Interface Module Software DS1410003-7.2 ERS 8800 Base Software License DS1410021 ERS 8800 Advanced Software License,activating additional features: BGP4, lPv6 Routing, BFD, MSDP,&PCAP DS1410026 ERS 8800 Premier Software License,activating Advanced features, plus Fabric Connect(including Multicast), IP VPN-Lite, MP-BGP, MPLS IP VPN,&VRF-Lite(including Multicast) @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @'T',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 08/12-DN4504-05 �2 BidSync Page 1188p �T12 . State mUtah Bid JP1400 AVAYA then use this valuable data to make informed � �� ^� Avaya � �� Flow Manager decisions about your network. �� Social media technology such as \ioUTUbe has changed Full Network Monitoring the VVaV people cC)F0F0UDicate' learn about the VVC)[ld and The |PFM was designed to work in experience eDte[taiDF0eDt �D�Vi��\( �� C)��U��[ �D�� conjunction with Avaya's Ethernet Routing pervasive technologies can affect the VVaV Individuals Switch (ERS) portfo|io, which includes the ERS 8600, ERS 8300, ERS 5600, ERS perform their day-to-day 'jobs. hjC)t surprisingly, �C)VV and 5500 and ERS 4500. Data is collected when employees Use applications is an area of great cC)Dce[D via the ERS, ona per-port basis, and to many companies.�� forwarded to the |PFM' which then performs monitoring, analysis and presentation of application issues and usage. Enterprises need to know ifemployees are Avaya recognizes that effective and easy- using valuable as/usingva|uab|e network bandwidth for |egiti to-use network management tools can help Convenient web browser access mate business purposes, entertainment businesses improve efficiency' enhance ' With its user-friendly interface and built-in other personal activities, and how it productivity make more informed intelligence, the |PFM eliminates the need the network, business processes worker decisions providing a smooth path for manual collection ofdata and analysis productivity. Applications, including to unified communications.. ofthat data atacentral site. Through tion and video conferencing, legitimately drive the |PFMadministrators can access and the need for more bandwidth and network That's where the Avaya |P Flow Manager ' ana|yze data quickly and easily through a expansion but many (|PFM) comes in.' web bmwser--any*hee. at anytime. when bandwidth is used inappropriately or The |PFM is network management software The |PFM supports Internet Explorer and inefficiently. So how doyou get the real view of tool that enables you to monitor. view and Mozi||a Firefox. network usage--not only from a packet per- diagnose problems atthe application |eve|, and spective, but also in terms ofapplications? AVAYA!S UNIFIED COMMUNICATIONS MANAGEMENT The IP Flow Manager is an integral part of the Avaya Unified Communications Management (UCM) solution. This solution leads the industry in offering comprehensive, integrated management capabilities across data and voice over both wired and wireless networks. Solution benefits include: Sharing of information across applications helping reduce data entry and the potential for errors Web-based, centralized authentication with single sign-on helping ensure easy and secure access to all management applications Easy-to-use templates and wizards easing the ramp up on new technologies Common look and feel across applications helping decrease the learning curve for IT personnel Application co-residency allowing applications to be hosted on the same servers FACT SHEET 9/11/201312:07PM omayno Page 1189p.f �Y`12 State of Utah Bid JP14001 Zi, Valuable visibility into your network your network administrator sets thresholds Accelerated decision The IPFM gives you better visibility and for specified applications such as file makingeffective insight into how unified communications is transfer protocol (FTP). If, at any time, implemented and used in the network, and by i i FTP traffic exceeds a certain percentage, ng whom. For example, if users start to complain soon the appropriate personnel will receive an As as you've determined which automatic notification as requested. For applications are problematic, you can about poor voice quality, the IPFM enables you pp p p to look into other application usage that might instance, notifications could be sent to the take steps to resolve the issues. Problem upper-end network management station resolution could include re-provisioning be contributing to the degradation in voice p g quality. Through an easy-to-read `dashboard' (e.g., Avaya Visualization Performance and the quality of service parameters in your you,er Fault Manager and HP OpenView) and via network. With IP Flow Manager, can give and convenient top 10 lists, the IPFM provides g Y pp details of where excessive bandwidth usage email to the administrator. The thresholding applications that are bandwidth-sensitive, capability enables network personnel to such as FTP, lower priority than other is occurring and who is using it. For instance, p Y resolve issues before they affect the network, applications such as video conferencing if there is higher than usual HTTP traffic, the pp g or information allows your IT team to proactively rather than after the fact, helping minimize Voice over IP (Vol P). take steps to resolve the issue. or eliminate the impact on productivity. Greater visibility into applications can Packet capture for network analysis p planners make crucial also help network Thresholding capabilities for network usage The packet capture and analysis execution decisions about network redesign and The IPFM offers innovative thresholding and capability enables network managers to expansion. If the IPFM indicates that automatic notification features that enable perform a much deeper analysis of network employees located in Dallas are frequently you to keep an eye on your network without problems. This feature, which is supported accessing files in another city thousands the need to constantly watch your monitor on the Ethernet Routing Switch 8600 only, of miles away, it's a good indicator that the and review reports. Using pre-defined filters, provides managers with visibility into all traffic network needs some fine-tuning. passing through a port on the ERS 8600. IP AT A GLANCE I P Flow is the collection of '� trmitannrem w�.".�e„ kwatexwa - �� wHexn t. m x�• PmYwA✓'ym..e ( WIVZ)i �Ta"" Ip A'7}1" �dYr@.fs IP packet data for the purpose m, tl"' °' T," �� ds�srw�r �� tl,�r�, k„dreq.lk M % k4 A�APu� CN'i Bre'A.. ttl dTl�u§;A &Mre#l4 of application performance, ';" �t e� ��rr.0 amrte sn.. em +o vrt yrs trending, accounting and " tl {'gFicl hRLLia 4 von. �I�stat FtlnYai 345+�bni � aka l NW @1amn, ffminnini behavior. Avaya has adopted ' c 'sssr dtr5wd'usr»�w-�ti xre�a�wti9 res a� ;��a Sym v�m.� r'MY (� the standard IPFIX (RFC317) � �' �� ° �� ' � fid* � —�,'��At'fi'r I-�'�kl� ��.•"1M1w§A� Iti „�n� MFil+ x5w sNa oty cos �f?t i.5 aee A method to collect I P flow data. d NYII6.'G. YSSP.2tld.3� Ph wa wfMY � � (.) t a swatezm 9q�a yry5 i 1K i' The Avaya I P Flow Manager 1 U"15 Y� R i1.8.S Ji9�3&e IMU"15 A9Y Id 133' in 1dlP}fte .3IIW 17 supports the IPFIX, NetFloW ��°� i�;2r,tl atl,2r� v and NetFlow v5 methods of `o ` Wo.),"a ix i tl!:�'ktl ,VS V'rNlg�" G�3.� ucg5@aeitu:e[tlP S�` ,. IG IP flow data collection. Figure 1. IPFM Dashboard 1/2013 12:07 PM BidSync Page 1190p 2'4712 State of Utah Bid JP14001 i, Through the IPFM,you also have insight into how individuals use certain applications and access different servers, which can help you „ Packet CMtureParat1eters to determine future planning requirements. e} '-'WP-' s ya a For instance, if the IPFM indicates that there M0301 R1h is extremely high phone activity in a certain � w rga location,your network administrator could f TR respond by adding a call server to that location, 7wlO which would lead to better and faster service. T,,Inn.. ". Tqw- nr "P"I V,—,L ad' C81P. fi*w ,,,s 7gry 1 to HPO1 617OF 1d f4-r#� ( 1d-6�d17419'�a'49.4333w" 10.127222-16� #3$fT72+".131 147EWR r ac iasmlp f$ 5 7d1 W-M.0?❑d:fpa41:43S$$$ 1y4},71.212111 11i! 1x11711.'99.15 7W 10&#aoA. [WO4"7 DD.ar41 42= 10.127233-15 134177222-131 1227 RM r c mwi X110 09 07 ps 0941 ams 134177 222.131 1227 10127.2 3.15 Hete ;.('*U" Rll i I201€Y.Tn7 M M4149,TW3 117 t27-M,14 4M 171 M131 1?" �Aw �$tit.re xuw '�+;cok-t; IXA77.47.131 1227 4911272%_16 EPIW networko ris 121 m1r 07D&O als 1MAn-241227 M127233.15 SNO RM" , �.'�t 4tiNFB& 2MOID&WROQ41.41MM 10.127.273.:15 194177.222.131 5227 3 re.p W �, a,tl 1�ffi e1.&WA[9u941 V" A/1 V.I.�11i E145'V1tl41.8TLbb9i i.19}117'11111 9,11Y }198'1#.,9.};1.,15 ?�AA4' The IPFM works in multi vendor switching 70104)5-07FIM Oft 414E 3 161E7771M1 134x7r",+ 131 1227 environments and will interoperate with devices i 2d1 dd5.Q7984641.410 $ 1341772221 12227 1112727315 M y435l 11'06.41.41555x:+ 1612713315 134 1 77 772 1 31 t= S7 W#-resP_ supporting IPFIX and/or NetFlow v5 or v9. ;201xdou- W.W,41.41V%% +9447722211 1217 1U1272371a „M sa iCr W ua;W41'&WN 191 r#t 1111:f1 1.7'11 16121.41315 219179.tl5497 0&41.599M tk7127293 15 134 EFT 222131 1237 SM 51:1 re W sn Flexible licensing options Figure 2. Ethernet Routing Switch 8600 packet capture and decode using the IPFM The IPFM is licensed on a device basis instead of an interface basis, and is available at three licensing levels. • Base License: Includes software, manuals and support for one server and up to four Exceptional visibility into application behavior and performance rather IPFIX-enabled devices than just packet performance • Incremental License: Paper license to Faster diagnosis of application performance issues and problern solving add support to the Base License for one IPFIX enabled device Accelerated decision-making during network and application growth planning and implementation • Enterprise License: Paper license to add support to the Base License for six IPFIX Insight, i d trending of application use and user behavior enabled devices; and allows a maximum across the network support of 50 IPFIX-enabled devices 9/11/2013 12:07 PM BidSync Page 1191 �pf1213T12 State of Utah Bid JP14001 Summary The Avaya IPFM is a powerful UCM network � �a, Yrrrt +r�nan4Y � management software tool that displays " manay ° g your network in a different and valuable way. Through increased visibility to appli- cation ppli cation traffic, you can diagnose and resolve 4,'° ° network problems faster and make more _,ar ami�x informed decisions about how and when to 4 '� grow your network. 'wo In Efths !3skI kOG11ft IW 11 PKS bzw « wa= V 913M Oftw k "k Pte+, f1 ,aesl" Cv k2Ywin 64USL n..NULL ft511y�1 YY r Packets Learn i C aPANd Y9yA^l gj d mu 4d'11G fY14 m ifGy To learn more about Avaya Unified a, ,,,,a $W00 �< ! Communications Management solutions q ,$„„„G AIMWa - Y9 b1�•M1m nxYW m1a 3415 141d �, and Avaya IP Flow Manager, contact your Avaya Account Manager or Avaya Authorized Figure 3. Detailed protocol analysis Partner. Or, visit us online at avaya.com. About Avaya Avaya is a global provider of business collaboration avid communications solutions, providing unified communications, contact centers, data solution AVAYA avid related services to companies of all sizes around the world. For more information please visit www.avaya.com. The Power of We'” 0 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries. All trademarks identified by 0,TM or SM are registered marks,trademarks,and service marks, respectively,of Avaya Inc. All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. 06/11 •DN5235-02 9/11/2013 12:07 PM BidSync Page 1192 Ipf12'g12 t v s si 4 State of Utah Bid JP14001 i i h} ! �{�,P I,,r snas,i;}ina lsna siasvia spa s�as�a�s�a spa i�,itltlt i n r,`t The Power of We'" Lifetime Warranty for Stackable - - �- - Ethernet and Fabric Connect Edge Switches for Campus, Data Center and SME deployments - Reducing operational costs and deliveringI r enterprise r Lifetime WarrantyLifetime Technical Overview r Avaya includes leading warranty services Avaya offers complimentary basic on Ethernet edge products in the ERS technical support for the supported 2500, ERS 3500, ERS 4000, ERS 5000, lifecycle of the product. This includes VSP 4000 and VSP 7000 product lines. the software version shipped with or updated through optional support The warranty includes: contracts over and above our normal - • Next-business-day delivery of an warranty. We also offer extended - advanced replacement unit for failed support for the first 90 days after hardware over the lifetime'of the purchase. product, including fans and power In addition, Avaya offers service supplies contracts providing enhanced software • Basic technical support during normal functionality and extended full technical business hours over the lifetime of the support beyond the first 90 days after product shipment. We encourage full coverage of your network to help reduce business - • 90-day software warranty providing risks and maximize return on your self-service downloads of service investment. packs/maintenance load S2 • Extended support for the first 90 days Optional Support - - - after purchase Contracts Lifetime HardwareFor business critical and more complex network implementations,Avaya Support recommends a support contract to - Complimentary next-business-day reduce business risk. shipment of replacement hardware extends over the full life of the product.' The cost-effective Software Release All countries will receive next-business- Subscription (SRS) Basic service entitles day shipping to replace failed hardware. customers and partners to access major, The Lifetime Warranty provides minor, patch and new release software updates over the term of the agreement. t 1 complete coverage for the base unit, p including power supplies (internal, Although not mandatory, it is good practice to install all new releases to ` T modular and hot swap plug-in) and fans within the unit. Advanced Replacement maintain devices at the current version. means that Avaya will ship a replacement 24x7 Technical Support entitles you to product in advance of receiving the enhanced technical support for the failed unit back. This provides significant duration of the service contract.Also value in that there is no required wait available are contracts for Managed time for Avaya to receive the failed unit before shipping a replacement. Spares, with or without Onsite Support, t that provide Next Business Day, Same Day or 4 Hour Delivery. avqQpAb 9/ BidSync x '126 2 State of Utah Bid J P1 4001 Summary The optional SRS Basic service helps ensure cost-effective access to Flexibility is the key to meeting the software patches and maintenance varied and challenging requirements releases, as well as new major and of doing business in a cost sensitive minor feature releases for a renewable economic environment.Avaya offers a 12-month period. comprehensive lifetime warranty on its products with an option to supplement Optional technical support services these capabilities with optional support (enhanced support over the life of the contracts. product)and managed spares options (NBD, SBD 4 hour)are available to Avaya's unique product capabilities and supplement the lifetime warranty offer innovative approach to support provide for more mission critical or complex genuine cost-efficiencies for Stackable network implementations. Ethernet Switches. Avaya's extensive, broad, in-depth Our proven qualities include: experience with enterprise networking enables us to think outside the box and • Avaya's Stackable Switches are to create new products and services inherently robust and feature market- that meet the real-world needs of leading 'Stackable Chassis' resiliency modern businesses. capabilities that deliver unique always- on networking at the edge. The ever-challenging economic climate • Avaya's Top of Rack (To R)switches means that now, more than ever,Avaya is best positioned to drive exceptional (VSP 7000) offer unique distributed Tefficiencies through value-for-money oR functionality to optimize east- products that deliver best-in-class west traffic flows, simplify management and improve resiliency in resiliency, performance and security the next generation data center. capabilities, and that are supplemented by industry-leading warranty and cost- • Avaya's Fabric Connect Edge switches effective support options. (VSP 4000) are the industry's first fabric-enabled solution on a low-cost Learn More access platform. They extend the reach of a multiservice/multi-tenant To learn more about Lifetime Warranty fabric to campus, metro or WAN edge Services for Ethernet Stackable locations. Switches, contact your Avaya Account Manager or Avaya Authorized Partner. • Avaya's SME switches (ERS 3500) Or, visit us online at support.avaya.corn. offer enterprise class functionality at prices targeted to cost conscious small-to-medium-size enterprises. 1 As per Industry norm for hardware, • Avaya's lifetime hardware warranty 'Lifetime'is defined as the production provides next-business-day shipping lifecycle phase,plus 5 years post- replacement for any failures during the discontinuation.Software lifetime life of the product including fans and expires in line with published end-of- power supplies. life dates. • Avaya's lifetime basic software 2 Software corrective fixes may be technical support- and enhanced made available to customers at support for the first 90 days - help Avaya's sole discretion.Access to the software may require a software ensure seamless support during the subscription. product introduction phase in addition to ongoing day-to-day operations. @ 2013 Avaya Inc.All Rights Reserved. All trademarks identified by @,T1,or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 04/13-DN5261-04 �2 BidSync Page 1194p V12 . State mUtah Bid JP1400 AVAYA Transcript for Packet ushers odcast Considerations for turning your network into a Fabric Introduction: This document is meant to be a transcript to accompany the podcast hosted by Packet Pushers, published iOmid February. This pOdC@Stcan b8found 2t Speakers inthis podoaotinclude: Paul Unbehagen — Chief Architect for Avaya Networking Phil Taylor- Communications Consultant from Leeds Metropolitan University Rick Bolt: - Network Engineer from Franciscan Alliance GregFerroandEthanBanko — HootoofPaoketPuohero Notable quotes from the podcmst: "The original driver for an Avaya fabric was for L2 extension between data centers; however, as we became familiar with the I P capabilities of Fabric Connect we looked at how our routing could beenhanced. With our previous C}SPFimplementation vvegot reoonvergenoetimes dovvntoaooup|eofoeoondo - butuoeronodoedit. Now with the IS-IS capabilities ofAvaya'o fabric vvehave reduced inter-site fai|overotounder 2Omilliseconds. VVecan now keep Vo|P calls up, mailboxes don't fall over. Its seamless." - Phil Taylor, Communications Consultant from Leeds Metropolitan University; "We are currently looking at running nnu|doaot over our Avaya fabric without using PIM. It's very easy. You simply type in "multicast enable" on fabric connect edge nodes and it handles multicast without any changes tothe core configuration. Before vvewere looking atlines and lines ofcode toget multicast running.^ Phil Taylor, Communications Consultant from Leeds Metropolitan University; We designed a L3 network over our Avaya fabric for credit card transactions and keep it totally isolated from the other student, staff, traffic. This a||omm us to meet PCI DSS compliance for the banks very easily. Plus no need to make changes all the way through the core to segment the traffic." Phil Tay|or, Communications Consultant from Leeds Metropolitan University; 9/11/201312:07PM omayno Page 1195p.fV12 State of Utah Bid JP14001 "The ability to use the multicast over SPB features is a significant advantage as the multicast performance over TRILL is still just only being fixed now. This is quite a unique feature and heads above other options. " - Greg Ferro, Network Engineer/Architect at EtherealMind "The resiliency of the Avaya fabric is its biggest value. Just yesterday I lost an OC-48 from one of my locations via the carrier. When I got the alert I did a L2 trace route to see what path the traffic was taking. It was already taking the redundant path. Not a single call dropped and no one even noticed the outage. The reconvergence of Avaya's solution is lightening fast." - Rick Bolt, Network Engineer from Franciscan Alliance "My advice to individuals who are evaluating fabric technologies is to see Avaya's fabric in the lab. I am a skeptical person, but once you see it you're going to want to implement it!" - Rick Bolt, Network Engineer from Franciscan Alliance Full Transcript (for internal use only!) Packet Pushers Q: What are the drivers for the deployment of a network fabric? Response: Paul U: Control plane for Ethernet— been around since 1972 — Spanning Tree protocol has been limited. Several years BYOD, DC growth and VM mobility, strain on operational models. Stressed the limits from a control plane. Symbiotic relationship IP and Ethernet. Leaders of IEEE and IETF meet to talk about how to make changes in their protocols to address trends. IEEE needs to provide a better control plane for Ethernet to support Ethernet's growth. Ethernet is growing in DC, campuses, metros, your home, planes, trains are all —growing faster now than in the past Fabric takes the complexity out Ethernet. Configuring Spanning Tree groups and VLANs, going hop by hop. Brings it down to as single command to extend any services anywhere in the infrastructure at any point. Makes the physical topology irrelevant and allows you to build any logical topology that you want; whether it be L2 or L3 or the 2 combined together of course. Packet Pushers Q: What is the status of IEEE 802.1 aq as it's been upstaged a bit by TRILL. Where from your viewpoint is SPB at? Response Paul U: Its only marketing hype that IEEE 802.1aq has been upstaged by TRILL. The reality is the standard was deployed years before TRILL and its being deployed from data center to campus to metro because of simplification. SPB is the foundation for the IEEE moving forward. Not only a replacement for STP, MRRP and all of those protocols. With a new protocol SPB we are now able to map IP services onto the fabric (unicast and multicast), replace OSPF and PIM 9/11/2013 12:07 PM BidSync Page 1196�pf12'g12 State of Utah Bid JP14001 and MPLS-like VRFs. TRILL can't even touch this. They are still trying to reinvenet themselves.. copying the ISID from SPB. TRILL is also trying to figure out OAM. SPB can do pings, trace routes, latency and jitter tests with functionality that has been available in Ethernet for decades. PP Comment: -When SPB was being developed, it was designed to scale not only for the data center to metro like deployments. TRILL was deliberately scaled down to a smaller data center and campus implementation. Focus that SPB brought to this with OAM is a reflection of focus. Response Paul U— IEEE doesn't build protocols for niches. It is built for Ethernet. Ethernet is everywhere. When designing the standard we were told by IEEE — need to carry forward plug and play and virtualization capability and carry forward the last 50 years of Ethernet development. ISID is just a next-generation of VLANs. PP Comment: SPB-B/ SPB-M —SPB-B encompasses VLANs, QinQ everything that we are used to today. SPB-M adds multipathing. Natural evolution from IEEE standards built on VLANs. Networking in 3`d generation of virtualzation (VLAN first generation, MPLS, virtual router forwarding instances 2nd generation, now we are in the 3`d generation of services) Paul: SPB is a simpler MPLS. Forward in a similar way to MPLS label switched paths. We call them Ethernet Switched Paths. Reason why SPB looks like MPLS. It was designed for people who want MPLS functionality without MPLS like complexity. Or for those who had MPLS like deployments and wanted to extend it into regions where cost or size couldn't carry the MPLS service. Environment is applicable to carriers and enterprises. DCs their environment— topology is similar to a metro. Aggregation, access, fat tree design. Partial meshing. Only so many ways to build IP and Ethernet together. PP Question: What is SPB? How does SPB bring its value. TRILL designed for small. SPB from small to large. SPB wasn't just designed to replace spanning tree. TRILL still has route bridges —every packet goes to every edge. SPB— only send packets to the links on the shortest latent path. Extend VLANs across any end points from 20 to 200 + nodes with single command. Simplify other aspects of DC, campus and metro. Replaces functionality of MPLS. Logical L2s underneath multiple logical Las with VRF's to handle multicast, unicast routing and bridging all at the same time using one simple protocol. PP Question: What is the encapsulation? Paul U: SPB-V IP-Ethernet-VLANs SPB-M IP-Ethernet-Additional MAC header. Why the new header? To make the network look like a single hop. For path control and to hide customer MAC addresses from the core nodes in the network. Encapsulation is just on the edge devices not the core devices. Modern boxes purchased in the last 5 years can be upgraded via software to support this functionality. Boxes purchased in 1992 can be put in the middle of the network and it will work just fine. To the devices in the middle of the network, it looks like straight Ethernet switching. We just optimized the switched paths in the switch hardware. 9/11/2013 12:07 PM BidSync Page 1197 �pf12'V12 State of Utah Bid JP14001 We did 4 interop events—several vendors showed up. The code just worked. Control plane interoperability was done in 5 mins. Ethernet and IP it just works. PP Question: Let's shift gears and talk to customer's. What did your network look before SPB and what were the drivers to look at a fabric? Phil Taylor—Star topology network built around our data center. Dual LAG links providing stable connections back to the core. Network was stable and resilient. Requirements changed when we added our second data center to the university. Did a network redesigned worked from back up data center, implemented a large OSPF deployment and again got to a point where we had a stable resilient network. We were in a good position.. but what we realized was that we weren't very flexible. We had a lot of VMs, a lot of requirements for Ioadbalancing, needed 2 DCs to look like one. We didn't want to compromise our design but we wanted to look more flexible to our server guys to provide our services to our customers. We knew we'd be looking at a loop prevention mechanism (ie. Spanning Tree) because we had a fully meshed topology. We looked at SPB and it provided all the solutions we were looking for. Traditionally flat network. All services in same L2 segment. Then needed to extend that segment to their other data center. Because the physical topology was stable —we didn't want to compromise it. The main driver was to extend the L2 segments. It was at that point we decided to build a fabric. Needed to meet the requirement of deploying services across 2 Data Centers. PP Question: Rick want was your application? Your deployment is metro? Previously OC-12 RPR implementation. Geographically dispersed with 15 locations between multiple cities. Running OSPF for our WAN. We were stealing bandwidth from our backup portion due to low bandwidth issues. So we really didn't have a backup solution at all. We couldn't touch anything on our WAN without a high risk taking down one of the sites for a short time due to OSPF reconvergence times. So it summary our previous solution was very slow and very inefficient. Also we were looking for a solution where we could have multiple links without relying on the carrier. Looked at SPB. Ended up with OC-48s coming out of each site. Couple sites 10 Gig for the WAN. With the multiple links, SPB was the perfect solution. We also replaced OSPF with IS-IS routing via SPB. Solution still looks like a ring but doesn't behave like one. We are able to use all of our links at the same time and the failover is lightening fast. Rick, how did you transition the network? That was a job! Appeared daunting to management. I needed to see it to believe. We needed to upgrade all of our WAN facing switches both from a hardware and a software perspective — since we were redundant customers didn't see any of that. Then we set up the IS-IS network, still running OSPF. Then we had a cut for each site. IS-IS routes were built so we'd shut down OSPF. Everything was seamless from a deployment. Phil —what values does having an Avaya fabric bring you? 9/11/2013 12:07 PM BidSync Page 1198�pf12' 12 State of Utah Bid JP14001 "Driver was Layer 2 extension between DC. Immediately able to deploy Layer 2 virtual services without changing any networking information and physically resilient load balancing services between data centers several miles apart. As we were deploying SPB and we became familiar with the IP Shortcuts capability we looked at how our routing could be enhanced with IS-IS with lightening fast convergence reducing inter-site failovers to the network to 20 milliseconds; we could keep VoIP, mailboxes didn't fall over. If we lost links no one noticed. In comparison with OSPF we worked on it and we got it down to a couple of seconds but users noticed it. Now it's not at all. Its seamless. We can offer better business continuity and DR solutions. Design a L3 network for credit card transactions and keep it totally isolated from the other student, staff, traffic meet PCI DSS compliance for the banks very easily. Based on SPB No need to make changes all the way through the core to segment the traffic." "Embracing the deployment of multicast. Running multicast without PIM. "multicast enable" on SPB and it handles multicast without any changes to the core configuration... whereas before we were looking at lines and lines of code to get multicast running." Packet Pushers Comment "The ability to use the multicast over SPB features is a significant advantage as the multicast performance over TRILL is still just only being fixed now. This is quite a unique feature and heads above other options. " Phil — Main benefit is that we have much less restrictions on when and how to deliver services. Can meet requirements. Rick— Resiliency is biggest value. Lost an OC-48 via the carrier—when I got the alert I did a L2 traceroute to see what path the traffic was taking. It was already taking the other path not a single call dropped and no one even noticed the outage. PP Question: What is your advice to customers looking at evolving to a fabric? Rick: If you are as far back hardware and software wise as we were make the commitment to upgrade— it's worth it. Implementation of SPB was really really easy. In comparison to example putting in your WAN for the first time. I am a skeptical person and we would get into the lab and pull links and see what would happen. "Once you see SPB in the lab —you are going to want to implement it!" PP Comment: Superfast convergence times are pretty interesting to me. I have not had the opportunity to work in an environment PP Question: Why Avaya for Fabrics? Long legacy in selling Ethernet switches — Bay/ Nortel. People also think that we have a carrier perspective but we don't- almost all deployments of SPB have been in the enterprise. Simplicity in every environment. Simplify the entire network (not just replace STP)— doesn't stop at the data center. SPB gives you virtualization, things that you can do in ways you couldn't ever image. Applications in DC from weeks to minutes because of the simplicity in deploying services. We see application and the infrastructure—we live it every day. We can solve real IT problems. PP Question: What products do you deploy SPB on? 9/11/2013 12:07 PM BidSync Page 1199p 2'V12 State of Utah Bid JP14001 Deployed on many products, Modular core switches and Top of Rack switches. Ability to interconnect Top of Racks. Guarantee shortest latent path. Buffers kill latency. Move VMs in milliseconds. Multi-tenancy and multiservice a key requirement. Protect users from each other, safety, security, regulatory requirements. Today VSP, ERS lines — bringing it to the edge this year. PP Summary: Another approach to consider for your fabric. You should think about Avaya for Ethernet switching. Pedegree of the company goes back a long way— long history of product—first company to come out with Split Multilink Trunking (MLAG) —they've had it from the mid 2000's. Been around for a long time. 9/11/2013 12:07 PM BidSync Page 1200�pf12'�7�12 State of Utah Bid JP14001 AVAYAi, Avaya Secure Router 2330 A converged voice/data branch solution The Avaya Secure Router 2330 is a powerful modular Avaya Secure Router 2330 system that converges routing, voice gateway, security and multimedia traffic forwarding In a single cost-effective platform for enterprises. Delivering fast, secure, reliable and scalable gide area network (WAN) access, the Secure Router 2330 is perfect for enterprise sites requiring high-speed IIS or Internet access. ggg;i;;i i I i:; :I INN: ligg:gg:1!:;1!;;!1: The Secure Router 2330 combines high performance, robust routing, flexible WAN and voice media gateway connectivity and is targeted at enterprise branch Multi-service platform and remote site environments. A rich suite of routing services and advanced • Full IPV4/IPV6 routing, IPSec, VLAN and WAN functionality makes the Secure Router 2330 ideal for high-speed Internet stateful firewall access, private line WAN connectivity, IP Telephony and multimedia, IPSec • Voice media gateway services, including support VPN, stateful firewall and data applications. Comprehensive, simple-to-use for digital and analog trunks, analog phones, fax software tools enable sophisticated access and bandwidth management for machines and modems • Range of WAN connectivity, including T1/E1, dependable communications. ISDN BRI, Serial, Ethernet and ADSL2+ Robust Voice Gateway services routing • SIP survivable voice services for up to Routing services include a full IPv4 and IPv6 protocol set, including BGP-4 100 users compatible with Avaya AuraO, and multicast capabilities. A full-function IPv6 implementation also enables Communication Server 1000 and 2100, as well deployment into environments that require extended IP addressing with the same as third party SIP call servers. • Range of integrated voice interfaces, including routing services—all without any additional system memory requirements. T1/E1 PRI, BRI, FXS/DID and FXO/CAMA –enable connection to the PSTN or analog Voice Media telephony devices Gateway Services Robust routing • Low-latency, high-packet throughput ideal for The Secure Router 2330's voice gateway allows connection to the public VoIP and multimedia transport switched telephone network (PSTN) as well as support for SIP clients and • IPv4 or IPv6 with BGP-4 and Multicast services conventional TDM-based telephony devices. T1/E1, FXS and FXO interfaces (PIM-SM, DVMRP) are all available for flexible telephony connection with support for up to 100 Integrated security SIP users or devices. The Secure Router 2330 voice gateway and survivability • Stateful packet inspection firewall services are interoperable with Avaya AuraO Session Manager, Communication • VPN hardware acceleration and IPSec VPN Server 1000 (136.0 and higher) and Software Communication Server (SCS). services for secure voice and data transport The Secure Router 2330 gateway services are also compatible with Microsoft OCS R2, as well as other 3rd-party SIP call servers for flexible branch gateway deployment. FACT SHEET y Page 1201 �pf12JZ12 9/11/2013 12:07 PM Bids nc State of Utah Bid JP14001 Zi, Survivable SIP gateway include stateful packet firewall, detection Multi-link capabilities and prevention of more than 60 Distributed The Secure Router 2330 also supports Denial of Service (DDoS) attacks, VPN Secure Router 2330 provides best-in-class a survivable SIP gateway that provides hardware acceleration for hub and spoke MLPPP and MFR (FRF.16 and FRF.15) business continuity (or survivability) deployment over IPSec and VPN tunnels, support to allow bonding of T1/E1, T3 and for registered SIP devices. If and IPSec VPN data-encryption services with other WAN interfaces to create a single communications is lost to a central UC AES, 3DES, DES, SHA-1, MD-5 and Diffie- virtual interface capable of transmitting at or VoIP server, SIP users can continue Hellman support. the maximum bandwidth available. Multi- to make/receive calls to the locally- linking enables hassle-free bandwidth connected PSTN (see Figure 1), and Advanced quality scalability, high-speed video, voice and data access common phone features such transfer while securing connectivity from as hold, transfer, conferencing and call of service individual link failures. waiting. When communications to the Quality of service goes beyond Layer 3 flow- central server is restored, the Secure based support by including Layer 2 class - Simple to install, simple to Router 2330 automatically re-connects based queuing. The highest granularity of scale modular platform SIP users for resumed access to priorities(eight levels) provides maximum centralized UC and VoIP services. performance with the lowest latency for voice, The Secure Router 2330 provides advanced video and other high priority traffic while operational features while simplifying, or securityIntegrated guaranteeing bandwidth among all classes. eliminating, time-consuming and confusing installation tasks. The router's chassis has 8 Powerful, fully-integrated security features built-in Ethernet and three module slots that include VPN and firewalls for increased can support either data or voice modules to reliability and user confidence. Capabilities support the dynamic demands of growing businesses. This means that in addition to its 8 Ethernet ports, the SR 2330 can fi; ; Da 1ta Center support up to: PSTN �� • 6 T1/E1, serial or ISDN BRI ports, or i ��' iAvaya or third-party SIP call servers • 12 FXS/FXO ports LPA ';s777 h Management Secure Router 4134 The Secure Router 2330 employs an WAN ,i industry-aligned command line interface (CLI) that makes it easy to set up and Bra nhe Secure Router 2330 PSTN � „�t, manage. Features include: , ��=��'' • On-Premise, Console and Command Line Interface; Telnet, Events, Syslog ��'�� • Remote SSHv2 provides secure PC PC SIP phones - communication for configuration and Figure 1.Secure Router 2330 supports both data and IP telephony devices in the branch with survivable SIP voice maintenance services even when the WAN link goes down. 1/2013 12:07 PM BidSync Page 1202 �pf12V12 State of Utah Bid JP14001 i, • Avaya Unified Communication Ethernet LAN • PIM-SM for IPv4/v6 Management (UCM) provides Secure . 10/100 Base-TX • DVMRPv3 for IPv4 Router fault management and device • 10/100/1000 Base-TX reporting MPLS Labe Edge Routing(LER)services • 1000 Mbps Optical SFP • Label Distribution Protocol (LDP) The Secure Router family • IEEE 8O2.1x port authentication • RSVP-TE, OSPF-TE The Secure Router 2330, with its modular • IEEE 802.1p • MPLS Fast Reroute 1Q design, high throughput and reliable • IEEE 8O2. • MPLS Martini Pseudo-wire (Ethernet, performance, is complemented by Avaya's • IEEE 8O2.3ad LACP PPP, HDLC over MPLS) Secure Router 1000, 3120 and 4134 • IEEE 8O2.1s MSTP Series. Deployed in combination with other • IEEE 8O2.3x VLAN Quality of i Service/Traffic/Traffic anag ment Secure Router models, the Secure Router • RED, WIRED, DiffServ, bandwidth 2330 not only handles the WAN and LAN • GVRP guarantee/sharing, flow monitoring requirements of the integrated branch, • Port mirroring • Traffic Policing but can also act as a voice media gateway . Jumbo frames device for connection to the PSTN. • 8 level Priority Class Based Queuing • Ethernet Connectivity Fault Management — Per IP address/subnets, Ports, DSCP An easy choice (CFM) and ToS bits, VLAN ID (8O2.1q), WAN VLAN Priority (8O2.1p) Secure Router 2330 is a, cost-effective • Frame Relay traffic shaping and policing branch convergence solution that brings T1/E1, including ISDN PRI • together feature-rich voice and data services • ISDN BRI, both data and voice • VLAN Classification (port, subnet or into a common platform for simplified • ADSL2+ (Annex A and B) protocol-based) management, greater cost savings and a . Serial (V.35, RS-232N.28, RS-449N.11, Firewall high quality of user experience. EIA-53O/A and X.21/RS-422) • Stateful Packet Inspection Firewall • Point-to-Point Protocol (PPP), including . 25-zone support (including Corporate, Technical Specifications PPP over Ethernet (PPPoE) Internet, DMZ) Features • Frame Relay (including FRF.12 . NAT, including policy-based NAT/PAT fragmentation) Internet Routing • 60+ Distributed Denial of Service (DDoS) • IPv4 and IPv6 support, including IPv4- • HDLC Attack Preventions IPv6 tunnels • Bridge Control Protocol (BCP) . 30+ ALG support (including H.323/SIP) • Static routing, RIPv1/2, RIPng for IPv6, • Multilink PPP (MLPPP) • Pass through, IPSec, L2TP, PPTP OSPFv2 and v3, BGP4/4+ • Multilink Frame Relay (MFR), including • Policy-based routing FRF.15 and FRF.16 VPN Option • Inter-VLAN routing IP Multicast • IPSec VPN, NAT-Traversal • High availability: VRRP, redundant router . IGMPvl/2/3 for IPv4; MLDv1/2 for IPv6 • DES/3DES, AES, SHA1, MD5 connections • Site-to-site and remote access support • GRE and IP-IP Tunneling • IGMP Proxy • VPN acceleration hardware • IGMP Snooping • 100 VPN tunnels 9/11/2013 12:07 PM BidSync Page 1203�pf1214 State of Utah Bid JP14001 Maximum Performance Other Voice Gateway Features • Chassis Slots: • IP routing throughput (64 byte): • TDM to IP, IP to TDM conversion —3 small module slots 163,000 pps • ITU G.168 Echo Canceller —All slots are hot swappable • IPSec (3DES) throughput: 250 Mbps • • 4 x 10/100 Fast Ethernet Copper Voice Activity Detection/Comfort Noise Generation • 2 x 10/100/1000 Ethernet copper Voice Signaling Support • DTMF digit detection • 2 x GigE SFP Fiber ports • T1/E1 ISDN PRI (User side) • • Management ports: Caller ID generation and detection • ISDN BRI (User side) —Compact Flash • T1 CAS • T.38 fax relay/Fax and Modem —Console port (RJ-45) Pass-through • E1 R2 CAS • Up to 64 DSP channels Power options • Q Signaling (QSIG) • AC Power Supply– 50-60 Hz, 90-269 • FXS (Foreign Exchange Station) VoIP Fr�er�dly Features VAC, 60 Watts • FXO (Foreign Exchange Office) • Low-latency packet forwarding . 12 VDC Input for optional external • Direct Inward Dialing(DID) • SIP ALG for NAT and Firewall redundant power • Centralized Automated Message • Cone NAT (for Avaya Unistim protocol) Accounting(CAMA) with NAT hairpinning Environmental • E-911 emergency calling • Frame Relay fragmentation (FRF.12) • Operating Temperature: 32° to 104°F• Compressed RTP (cRTP) (0° to 40°C) QIP Survivability Calling Features • Non-Operating (Storage) Temperature: Service Provisioning -4° to 140°F (-20° to 60°C) • Inbound/outbound PSTN calling . Management Telnet, SSHv2, SFTP, PAP, • Relative Humidity: 0 to 95% • Intra-branch calling CHAP, SNMPv2, DHCP, DNS Proxy, SNTP, (non-condensing) • Call hold, consultation hold RADIUS, TACACS+ • Call transfer (attended, unattended) • Monitoring: Syslog, statistics, RMON, alarm Regulatory Approvals • 3-way conferencing • Diagnostics: BERT, loopback testing, • Safety: CTUVus and GS Certification: UL6O95O-1, EN6O95O-1 and IEC60950- • Click to dial trace route, packet capture (PCAP) 1 (International CB Report) • SIP user registration security physical Specifications • EMC: Class A Product, FCC Part 15, Codecs Supported Chassis ICES-003, EN300386, EN55OO22, EN55024, VCCI • G.711 - A-law and u-law • Height x Width x Depth: 4.4cm x 44.4cm • Telecom : TIA-968-A, CS-03, ETSI TBR • G.726 - 16, 24, 32 Kbps x 29.6cm (1.75in x 17.5in x 11.6in) 3/4, 12/13 • G723.1 - 5.3, 6.3 Kbps • Weight with Power Supply: 3.4 kg (7.5 lbs) • G.729A - 8 Kbps About Avaya Avaya is a global provider of busiviess collaboration avid communications AVAYA solutions, providing unified communications, contact centers, data solutions avid related services to companies of all sizes around the world. For more The Power of We'" information please visit www.avaya.com. 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries. All trademarks identified by�7,TM or SM are registered marks,trademarks,and service marks, respectively,of Avaya Inc. All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. 08/11 •E)N5105-05 9/11/2013 12:07 PM BidSync Page 12041pf12V12 t State of Utah Bid JP14001 � rr� 1.. 1, i tt�jt�jt�jt�jt�jty It } t 2�sty -�VA YA il,F sr 7 tAt7 to 7 to 7 to 7rrtA 7 to 7 to 7 tHu7 to 7 to tN),M h\,i. (,i;(� ,3n,, The Power of We" Avaya Secure Router 4134 A unified communications i integrated branch solution SEEM Avaya Secure Router 4134 The Avaya Secure Router 4134 is a deployment into environments that modular, multi-service platform that require extended IP addressing with the integrates multiple networking functions, same routing services —all without any including routing, WAN, Ethernet additional system memory requirements. switching,voice media gateway and io security into a single device. This multi- Voice media ate way service integration can reduce the number of devices needed at the branch services or regional site, generating substantial The Secure Router 4134's voice gateway operational and capital cost savings for allows connection to the public switched your business. telephone network (PSTN)as well as support for SIP clients and conventional The Secure Router 4134 offers the TDM-based telephony devices. T1/E1, " performance and connectivity that FXS and FXO interfaces are all available enable it to not only handle the demands for flexible telephony connection. With of the integrated branch, but also act its integrated media gateway services, as the regional or headquarters router the Secure Router 4134 can connect local for many enterprises. In doing so, it IP phones, SIP clients as well as analog can cost-effectively and securely telephony devices directly to the PSTN, concentrate traffic from hundreds of eliminating the need to route voice traffic remote sites. back to a central site, saving on transmission costs. The Secure Router 4134 voice gateway and survivability Reliable f for services are interoperable with Avaya converged Aura®Session Manager, Communication applicationsServer 1000 (R6.0 and higher)and Communication Server 2100. The Secure Router 4134 is a dependable solution that can be deployed in a variety Survivable ate way of configurations to maximize uptime with no single points of failure. Data, The Secure Router 4134 also supports voice,video and other multimedia survivable SIP gateway services applications perform more smoothly that provides business continuity for without the latency, packet loss and jitter registered SIP devices. If communications encountered with other solutions, is lost to a central UC or VoIP server, SIP resulting in the ability to provide the users can continue to make/receive calls same enterprise-class service and to the locally-connected PSTN and quality of experience to remote sites access common phone features such as and branch offices as is available at hold, transfer and call waiting. When corporate headquarters. communications to the central server is restored, the Secure Router 4134 Robust u automatically re-connects SIP users for resumed access to centralized UC and Routing services include a full IPv4 and VoIP services. IPv6 protocol set, including BGP-4 and multicast capabilities.A full-function IPv6 implementation also enables t BidSync a " '12 6 12 State of Utah Bid JP14001 for hub and spoke deployment over • Up to 34 Gigabit Ethernet switching IPSec and VPN tunnels, and IPSec ports 4�� 1 S C1TICa `' 1+c tfQ VPN data-encryption services with • Up to 64 FXS or FXO ports • Fu'll IPV4/IPV6 routing, IP ec,VLAN AES, 3DES, DES, SHA-1, MD-5 and • Up to 3 Clear or Channelized DS3/ Diffie-Hellman support. and firewall T3 ports • Voice media gateway services, Advanced quality of • Up to 31 T1/El ports including support for digital and analog trunks,analog phones,fax service • Up to 7 Serial or ISDN BRI/PRI ports machines and moderns Quality of service goes beyond Layer • Up to 3 HSSI ports • Wide range of WAN connectivity, 3 flow-based support by including • Up to 4 ADSL2+ ports including DS3, HSSI, Channelized Layer 2 class-based queuing. The DS3, T1/E1, ISDN, Serial and ADSL2+ highest granularity of priorities Management • High-density Ethernet switching with (eight levels) provides maximum built-in Power over Ethernet(PoE) performance with the lowest latency The Secure Router 4134 employs an for voice,video and other high- industry-aligned command line ilaie �� G a e priority traffic while guaranteeing interface (CLI)that makes it easy to • Range of integrated voice bandwidth among all classes. set up and manage. Features include: interfaces including T1/El PRI, BRI, • On-Premise, Console and Command FXS/DID and FXO/LAMA= enableMulti-linkLine Interface;Telnet, Events, Syslog connection to the PSTN or analog telephony,devices Secure Router 4134 provides best-in- • Remote SSHv2 provides secure • SIP survivable gateway ensures class MLPPP and MFR (FRF.16 and communication for configuration business continuity for SIP devices FRF.15) support to allow bonding of and maintenance T1/El, T3 and other WAN interfaces to • Avaya Unified Management ® Up to 128 simultaneous voice(DSP) channels can handle voice gateway create a single virtual interface provides Secure Router fault needs of small to large branch sites capable of transmitting at the management and device reporting maximum bandwidth available. Multi-linking enables hassle-free The Secure Router family bandwidth scalability, high-speed The Secure Router 4134, with its Integrated video,voice and data transfer while securing connectivity from individualswitching modular design, high throughput and reliable performance, is link failures. complemented by Avaya's Secure Integrated high-density Ethernet Router 1000, 2330 and 3120 family of switching, including Gigabit, Fast Simple to install, simple to products. Deployed in combination Ethernet and Power over Ethernet scalelar platform with these other Secure Router (PoE) connectivity, enables flexible models, the Secure Router 4134 can connection of local area network The Secure Router 4134 provides (LAN)devices, such as powered advanced operational features while connect remote sites and also act as simplifying, or eliminating, time- a central-site router for most services for IP telephony devices.A enterprises. variety of Ethernet switching modules consuming end confusing installation enables up to 30 Gigabit, 72 Fest tasks. The router's unique chassis hes Ethernet or 72 PoE ports. The four small module slots and three An easy choice Ethernet switch ports can operate at medium ones to support the dynamic Secure Router 4134 is a high- either Level 2 or Level 3, enabling demands of growing businesses. Four performance branch convergence dynamic connectivity of devices and smell slots support low-density date or voice modules. Medium slots can solution that brings together feature- subnets across your network. rich VoIP and feature-rich data into be used for WAN, Ethernet or voice a common platform for simplified Integrated security carrier modules.A voice carrier management, greater cost savings module also hosts up to four small and a high quality of user experience. Powerful, fully-integrated security voice modules (FXS or FXO) in a features include VPN and firewalls single medium module slot and can for increased reliability and user thereby increase total voice port confidence. Capabilities include capacity. The modular and flexible stateful packet firewall, detection Secure Router 4134 can support: and prevention of more than 60 • Up to 72 Power over Ethernet Distributed Denial of Service (DDoS) 10/100 Mbps ports attacks,VPN hardware acceleration 9/11/2 13 12:07 PM BidSync Page 12061pf12'V12 State of Utah Bid J P1 4001 Secure Router 4134 - HDLG VPN Option Technical Specifications - Bridge Control Protocol (BCP) - Optional VPN acceleration hardware Features - Multilink PPP (MLPPP) - IPSec VPN Internet Routing - Multilink Frame Relay (MFR), - DES/3DES,AES, SHAT, MIDS • IPv4 and IPv6 support, including including FRF.IS and FRF.16 - Avaya VPN Client support IPv4-IPv6 tunnels IP Multicast - NAT-Traversal • Static routing, RIPv1/2, RIPng for - IGMPv1/2/3 for IPv4; MLDv1/2 for - 1000 VPN tunnels IPv6, OSPFv2 and v3, BGP4/4+ IPv6 • Maximum Performance Policy-based routing - IGMP Proxy - IP routing throughout (64 byte): • Inter-VLAN routing - IGMP Snooping — Up to 370,000 pps across • High availability:VRRP, redundant - PIM-SM for IPv4/v6 SR 4134 router connections - DVMRPv3 for IPv4 — Up to 3 Mpps on optional 10-port • I Gig module when ingress GRE and IP-IP Tunneling MPLS Label Edge Routing (LER) egress is across the module Ethernet LAN services - IPSec (3DES)throughput (14SO * 10/100 Base-TX - Label Distribution Protocol (LDP) byte): 470 Mbps * 10/100/1000 Base-TX - RSVP-TE, OSPF-TE Voice Signaling Support * 1000 Mbps Optical SFP - MPLS Fast Reroute - TI/El ISDN PRI (User side) * IEEE 802.1x port authentication - MPLS Martini Pseudo-wire - ISDN BRI (User side) * IEEE 802.1p (Ethernet, PPP, HDLG over MPLS) - T1 CAS * IEEE 802.1Q Quality of Service/Traffic - El R2 CAS * IEEE 802.3ad LACP Management - Q Signaling (QSIG) - RED, WRED, DiffServ, bandwidth * IEEE 802.1s MSTP guarantee/sharing, flow monitoring, - FXS (Foreign Exchange Station) * IEEE 802.3x VLAN traffic policing - FXO (Foreign Exchange Office) * GVRP - 8 level Priority Class Based Queuing - Direct Inward Dialing (DID) per IP address/subnets, ports, DSCP * Port mirroring and ToS bits, VLAN ID (802.1Q), . Centralized Automated Message * Jumbo frames VLAN Priority(802.1p) Accounting (LAMA) * Ethernet Connectivity Fault - Frame Relay traffic shaping and - E-911 emergency calling Management (CFM) policing SIP Survivability Calling Features WAN - VLAN Classification (port, subnet or - Inbound/outbound PSTN calling • TI/El, including ISDN PRI protocol-based) - Intra-branch calling • ISDN BRI, both data and voice Firewall - Call hold, consultation hold • ADSL2+ (Annex A) - Stateful Packet Inspection Firewall - Call transfer(attended, unattended) • High-Speed Serial Interface (HSSI) - 25-zone support (including - 3-way conferencing • DS3/T3 - Channelized with 28 DSI/ Corporate, Internet, DMZ) - Click to dial TI (I.544 Mbps) multiplexed circuits - Access Control Lists (ACL) - SIP user registration • DS3/T3 - Clear-Channel with sub- - NAT, including policy-based NAT/ rate DS3 support PAT Codecs Supported • Serial (V.35, RS-232/V.28, - 60+ Distributed Denial of Service - G.711 -A-law and u-law RS-449/V.11, EIA-530/A and X.21/ (DDoS)Attack Preventions - G.726-16, 24, 32 Kbps RS-422) - 30+ALG support (including H.323/ - G723.1 - 5.3, 6.3 Kbps • Point-to-Point Protocol (PPP), SIP) - G.729A- 8 Kbps including PPP over Ethernet - Pass through IPSec, L2TP, PPTP (PPPoE) • Frame Relay(including FRF.12 fragmentation) ava�4ec(pj& � 'q12 9/11/2013 12:07 PM BidSync .�2 11V, t�0t� � i��t #I� 1 rs 1 !5t z list 1 t r t :t i.r1 r t i# c ,�� , �, irti� ti t��+, ,y�,`t � } t t,i� , r�, State of Utah Bid JP14001 Other Voice Gateway Features Module Options • TDM to IP, IP to TDM conversion - Smell Modules • ITU G.168 Echo Canceller — 1 and 2-port T1/E1 ® — 1 and 2-port Serial • Voice Activity Detection/Comfort — 2-port ISDN Noise Generation — 2 and 4-port FXO • DTMF digit detection — 2 and 4-port FXS • Caller ID generation and detection — 1-port ADSL2+ (Annex A) • T.38 fax relay/Fax and Modem Pass- Medium Modules through — 8-port T1/E1 — 1-port T3/DS3 (channelized and • Up to 128 DSP channels un-channelized) — 1-port HSSI module "VoIP-Friendly" Features — 24-port 10/100 Fast Ethernet (PoE • Low-latency packet forwarding and non-PoE) • SIP ALG for NAT and Firewall — 10-port 10/100/1000 Gigabit Ethernet • Cone NAT (for Avaya UNIStim — 4-slot Carrier module for voice protocol)with NAT hairpinning cards • Frame Relay fragmentation (FRF.12) • Compressed RTP (cRTP) Redundant Power options AC Power Supply- SO-60 Hz 90-269 Service Provisioning VAC, 23O Watts • Management:Telnet, SSHv2, SFTP, - AC Power Supply with PoE- SO-60 Hz PAP, CHAP, SNMPv2, DHCP, DNS 90-269 VAC, 23O Watts„ separate Proxy, SMTP, RADIUS, TACACS+ +S4VDC supply isolated from main AC • Monitoring: Syslog, statistics, RMON, supply:AC input between 90 and 269 alarm VAC, 410 Watts. • Diagnostics: BERT, loopback testing, DC Power Supply-40 to 72 VDC,2SOWatts trace route, packet capture (PCAP) Environmental Physical Specifications - Operating Temperature:32° to 104°F Chassis (O° to 40°C) • Height x Width x Depth: 3.S" H x - Non-Operating (Storage) 17.3" W x 19.7" D Temperature: -4 to 140 F (-20 to 60 C) • Weight with Power Supply: 22 lbs - Relative Humidity: 0 to 9Sl (non- (10.0 kg) condensing) • Chassis Slots: — 3 medium module slots Regulatory Approvals — 4 small module slots - Safety: CTUVus and GS Certification: — 1 large module slot (combining 2 UL609SO-1, EN609SO-1 and medium slots) IEC609SO-1 (International CB Report) — All slots are hot swappable - EMC: Class A Product, FCC Part 1S, • 2 x 10/100/1000 Ethernet copper/2 x ICES-003, EN300386, ENSS0022, GigE SFP Fiber ports ENSS024, VCCI ® • Management ports: - Telecom :TIA-968-A, CS-03, ETSI TBR — Compact Flash 3/4,12/13,JATE,A-Tick — USB — Fast Ethernet — Auxiliary and Console ports RJ-4S ©2013 Avaya Inc.All Rights Reserved. �{ All trademarks identified by®,T"',or-are registered marks,trademarks,and service marks,respec�ageA1a�Vr n 2�^ 07/13•Dv5707-06 BidSync ? 9[ State of Utah Bid JP14001 AVAYAi, Avaya Visualization End-to-end visibility in a multi-vendor environment Performance and The VPFM can discover every device on your network, even if you deploy equipment FaultManager from numerous vendors. The application transforms complex network topology into simple-to-use, hierarchy-based maps, giving The growing myriad of communications devices, the you clear, end-to-end views that help you rising demand for anytime-anywhere connectivity and quickly determine if network issues are physical or logical in nature. the increasing need for convergence have created nevi With insight into how devices are connected challenges to network operations — including View to and performing, you can zero in on aspects of the network and reduce your meantime to manage the whole system from end to end. repair. Personnel can be dispatched quickly, which can result in less downtime, greater Avaya understands network management To address the challenges of productivity, higher user satisfaction and and recognizes that offering you the right hyperconnectivity and the need for a proactive rather than reactive network networking tools can lead to positive and convergence, Avaya introduces the management environment. significant benefits for your business. For Visualization Performance and Fault example, network applications that automate Manager (VPFM) —a powerful Unified The VPFM can help increase productivity for tasks and reporting can improve efficiency. Communications Management (UCM) support personnel as well as every user on Having management tools within a single application that provides advanced network the network. The application enables you unifying framework can help improve workflow, discovery, topology visualization, fault and determine that a switch has gone down, view reduce training requirements and decrease the performance management. which users are connected to the switch, complexity of managing a 'hyperconnected' and perform impact analysis. For example, network and provide you with a smooth path to if an email server fails, the VPFM allows you to identify which users are affected and unified communications. t�z Unified Communications Management Cr,s The Visualization Performance and Fault Manager is an integral Bart of the Avaya Unified Communications Management(UCM) solution. This solution leads the industry in offering comprehensive, integrated management capabilities across data and voice over both wired and wireless networks.Solution benefits include: i s Sharing of information across applications helping reduce data �t s��r ftir entry and the potential for errors Web-based, centralized authentication with single sign-on helping } r 9li ensure easy and secure access to all management applications Easy-to-use templates and wizards easing the ramp up on new technologies s •,�:� �l' t fit\ Common look and feel across applications helping decrease the learning curve for IT personnel Application co-residency allowing application hosting on the same servers FACT SHEET y Page 1209 ipf12' Yl 2 9/11/2013 12:07 PM Bids nc State of Utah Bid JP14001 i, take proactive measures, such as sending a hundreds or even thousands of devices • broadcast voicemail to say, "We're aware of connected to the network—and transforms u • g = • • = the issue, and working to resolve it." them into simple hierarchy-based . - topology views. It shows degrees of device Network discovery connectivity based on device function and Heterogeneous network discovery The VPFM offers heterogeneous rather where it is located in the network (i.e., a • Support for standards-, proprietary-, than domain-based network discovery layered environment approach). application- and OS-based discovery with support for standards-, proprietary-, • Device information can be used to application- and OS-based discovery. The visualization function also includes VoIP provide a network inventory listing Therefore, if a device is IP or SNMP-based, service based views that provide you with the VPFM can discover it. Discovery applies insight into the application. Having service- Network visualization to servers, end nodes and operating systems. based views enables you to differentiate • Hierarchy-based topology and service- between physical connectivity and logical- or based views The application discovers all IP devices and application connectivity issues. • Device connectivity and their nodes attached to the network, including relationships to each other servers, storage servers, printer servers, switches, Finally, the VPFM provides device-centric views routers, user end nodes(e.g., PCs and laptops), that enable you to see the relationship between Fault management IP phones and more. In addition, the VPFM devices. For example, it can identify a switch identifies the relationships that exist and all the devices connected to it, enabling • SNMamong P Trap Receiver and Syslog Collector p g You to perform impact analysis. • Event correlation devices in the network, including topology and • Device status monitoring links. Operating systems and applications on servers can also be part of the discovery process Fault management • Event handling and scripting if operating system security settings allow. Once the issue(s) have been identified through • MIB compiler/browser network visualization,you can use the VPFM Network visualization to monitor the network for faults. Using Performance management Once devices are identified through information collected from the network and the • Instance-based performance monitoring discovery, VPFM takes complex network devices themselves, the VPFM performs status (MIB-browser based) topologies—consisting of multiple monitoring and sends the information that you • Long-term (trending) performance geographic locations, multiple devices, need to do event correlation and route-cause monitoring analysis(RCA). The VPFM determines what is Diagnostics management • Layer 2 and 3 diagnostics �� management, including tools such as ICMP ping, SNMP Gets, MIB Walker/ Browser, etc. • Diagnostic information can be exported in graphical format aw NO E F x#ry 51p1a 1, i 7 d. Scopes (device classification) �w"L-0 1,16 „a • Devices can be classified based on I "o,TI`". "W1ZQX U 41.` AM 6wd Y'nrrne,. u�E 2�Yjg 12 W-N Am their function in the network (e.g., core r; switches, Internet routers) cam„ +q .o, • Information gathered through the *�, �� r,b ., o v VPFM can be used for performance management trending and event handling , a Figure 1. Discovery and Inventory Dialog Window 1/2013 12:07 PM BidSync Page 1210�pf 2' 712 State of Utah Bid JP14001 i, r - - - - �w3oe �P. Nu x MA w�RAM �w2fYy f� axF- Y W9rs' ^S.al �vAd'A.a# tl, •,-« •."-+• ..�fi f„M`M'gN rayl �i t6Tay.rg49M dYutM' AA 9,MA[os - C. q' P f$"t FgttM M� a4Y Md.n 4Mxwkxwb,�rkb,'Yxki kd�9 fiA#7 fX' ria � S k^r` L D1Tw J k1Mi f.c,J tr 4rx ` eirywaw W. avaAeuYvnF .4 uvH3t§w2M*„��H vir.hY. it, 3 r t.yn s,rs,a 1 Figure 3. Fault Management v r Figure 2. Network Connectivity View , A+d� the most likely cause of the network outage by >a�Tdor _. correlating all network events and determining the primary and secondary devices affected. Fault management also performs event Figure 4. Performance Trending and Data Export for Capacity Planning handling. If an event occurs on a specific device, the VPFM will know that it has to help you address your capacity planning Scope/device classification take a certain action —for example, send requirements. For example, if traffic The VPFM includes scope or device an email notification or page the appropriate on a particular link begins to exceed a classification, a capability that provides a logical personnel. The parameters and action pre-determined threshold, such as 30 grouping of devices based on device type. By required are defined by the administrator percent, the VPFM can record and report default,all devices are classified based on their during the configuration phase. on the performance. If the trend continues, discovered attributes, such as servers, routers you can plan changes to your network and switches. You can also define the scope Performance management accordingly to address growing traffic. on a more granular basis that has relevance to Through the VPFM, you can use performance your operations. Once grouped, you can treat management for two key activities: capacity Diagnostics management the devices as a single unit for the purpose of planning and change monitoring within Diagnostic management allows the network collecting performance information, conducting the network. In the latter case, the VPFM operator to run and collect diagnostic data events handling, status propagation,etc. For enables you to monitor modifications to from network devices. The VPFM provides example, if a link fails for any of the devices the network—such as the addition of a Layer 2 and 3 diagnostic information in within the defined logical unit(e.g., core new switch —and observe how the device an end-to-end connectivity rather than a switches),you can configure the VPFM to performs in the short term. hierarchical view. Through this capability, perform event handling on that classification. you can also print and export the data in From a longer-term perspective, the VPFM graphical format. Device scope can also be used for fault performance management capability also management and performance management provides crucial information that can and trending. 9/11/2013 12:07 PM BidSync Page 1211 �pf121!12 State of Utah Bid JP1400 Etheinet Slot 3,�Orlv Ethernet Slot 3,OM AAN vian I Default Elh met Flexible licensing VPFM is licensed on a node count and |savailable toyou atthree licensing levels: * Base license * Incremental license ° Enterprise license inteMqce Supported devices Figure 5. The VPFM can discover and monitor any |P/ Diagnostics SNMP device on the network. For full device � Management management, the device's Enterprise M|B must he compiled into VPFM. Summary A Unified Communications Management .7- application, the AvayaVisualization Performance and Fault Manager enables you to discover and visualize every aspect of your network, monitor existing performance, resolve issues quick|ytoday——and make informed decisions for the future. Learn More To learn more about Avaya Unified Communications Management solutions and AvayaVisua|ization Performance and Physical views with Physical views with Logical views of Fault Manager, contact your Avaya Account device relationships actual device device service Manager or Avaya Authorized Partner. Or, relationships (links) relationships visit usonline at awaya.com. About Avaya Avayaisa global provider ofbusinesscollaboration avid communications solutions, providing unified communications, contact centers, data solutions AVAYAavidm/� � relatedservicesto companiesofallsizesaround theorld. For more information please visit m/m/m/.evaya.conm. The Power of We~ @mzz /wayaInc.All Rights Reserved. /wayaand the/waya Logo are trademarks o,/wavaInc.and are registered /nthe United States and other countries. All trademarks identified uv®R.TIM o,SIM are registered marks,trademarks,and service marks, respectively,o,/wayaInc. All other trademarks are the property oftheir respective owners.Avayamavalso have trademark rights/nother terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. or/zz °om47e2-o2 r � rs r t i3 1 11If ;1 1�I> �1 !7}you int s-f 1�1` 11i 1111 1t{ 1f��ll1 V� �Q 1i. £ 1 i IS-1 11�y,7i i �-}t tt iylltt dv£� �� 4t r1tsY t1 7�� 11r 1v i S�v�t i�t1{lllfi( ££ } sit filly�) lSI S£t t(;A1 � jr 1wJ � t(w� i��j 11�y11 £i�vj£1� 1yI(� £� � tiq }h }1s 1�vfl t1' � t j r � r I}t 1 r t111i�� li 1;t'' '�E ✓, { i 11 rv1 11 r �k vl1 {4 sir �i r )�r\S Ssfri li vft;lj_w1 t11 v f �{ ji i £ t � j1 (:Fi � 1 1 sib r 11�� £i ✓r�1 J 1� Sc �)� l£ yet S1(t � lv tili -i i7 t! 1 i1i t v1 t 1 �hyii stivi ri j£4 fh r #i1 i�(��y 1£�1 11t'1v1s v��)1 1 .��i��t1j}�s�1�1 1 11r�( 1s r�i 1(�>1t1 11str �1 z i it s 7� i 1 r 1)£1�' fy �1f i£s S \ Ufrt lily lV�11i1y�� v �It p1 i1E�' rte it i(i} 1v5{l wJ �s i i i Yir�I' 1 1 r1 ;z st1 ;! 111ti ; 111ti ; 111ti ; 111ti ; 111ti ; 111ti ; 111ti 3� )z 11�£,i yr + v r {{ t G �1 I 11 lir, s iC a, 1Mi, sy1 s, x4 £ F1 { f ?�}µ Y„111 9/11/2013 12:07 PM BidSyncPage 1213 pf12'g12 Bid J P1 4001 Highlights - Provides historical reporting and failures in the underlying server, tracking on VM moves and network exceeding server performance • Automates service provisioning provisioning thresholds or for disaster avoidance within the data center (i.e. hurricane forecasted near a data - Enables network and server teams • Provides insight into the entire center). to work more efficiently and Virtual Machine (VM) lifecycle from smarter together While VM mobility offers a number activation, to mobility, to deletion of benefits, it can create a number of • Gives an end-to-end view of the l 3 a Virtual World challenges on the networking side: virtualized data center including It's a fact. Server virtualization is applications, servers and network already well adopted.'The savings, Inconsistent application devices across both physical and both through consolidation of performance. While Virtual Machines virtual environments multiple servers and dramatic can dynamically move between • Provisions network devices to reductions in power and cooling servers, corresponding network "follow"VMs as they migrate requirements, have been significant. configuration on the edge device between servers The next step for many enterprises is cannot. Without appropriate mobilization of Virtual Machines- configuration of the edge port that is • Applies connectivity services and where VMs migrate from server-to- connected to the new server there port profiles (QoS, ACLs) to edge server, from corporate data center to can be inconsistency in application devices at an individual VM level data center, and from private to performance, a reduced or complete public clouds. These moves can be lack of connectivity, and security and triggered by maintenance schedules, compliance challenges. 'Yankee Group's A,yvh... 2009 U.S.Transforming Ift-t—t—and T—,f—!,g Apph-d...Su,-y,W—1-12,--1,that 71 p-- f—p.,,U,g-g-1-1..s h—already deployed server 21 avaya.com VIU-11-1- Page 1214 9/11/2013 12:07 PM BidSync p V1 2 .�2 4" r fit 1''r State of Utaht`�� st�� ) S t Inefficient troubleshooting. network device inventory and Typically server administrators have topology, device configuration a view of the virtualized server features (VLAN,ACL and port tf topology and network administrators setting features) and for setting have a view into network topology. device credentials, roles and « When these two worlds remain permissions. separate in a dynamic virtualized environment, troubleshooting Virtualization Provisioning Service application performance and delivers a complete view of the end- r. a .�, a� kq= network connectivity issues can be a to-end virtualized Data Center by lengthy, inefficient process. providing a relay mechanism between Configuration and Orchestration Management and AvayaIrlizatio"t server virtualization management Provisioning Service tools. In its initial release, Virtualization Provisioning Service is Virtualization Provisioning Service a management tool that enables supports VMware's vCenter visibility,validation, reporting and management platform, with server provisioning process optimization for configuration and management network infrastructure, servers, and platforms from other vendors to be applications across both physical added in future. and virtual environments within the next-generation virtualized data Virtualization Provisioning Service center. will evolve towards delivering a complete IEEE 802.1Qbg framework Virtualization Provisioning Service, a enabling a standards-based multi- plug-in to Avaya Configuration and vendor end-to-end Data Center Orchestration Management, can be virtualization management platform. co-located on the same server as Configuration and Orchestration Management and, once installed, Component of the looks like any other Configuration AvayaVirtual Enterprise and Orchestration Management Network Architecture manager.Virtualization Provisioning Virtualization Provisioning Service is Service utilizes Configuration and an important component of the Orchestration Management for Avaya Virtual Enterprise Network 9/11/2013 12:07 PM BidSync State of Utah Bid J P1 4001 Architecture, an open, end-to-end Service, all edge provisioning can be virtualization architecture that automated, dramatically reducing enables enterprises to build their the time required to activate or make own private cloud infrastructure - changes to applications or services. extensible from data center to campus and beyond. Delivers a complete Customers today are looking to Virtualized Data Center increase efficiency and become View more responsive by reducing time- Virtualization Provisioning Service to-service.Virtual Enterprise connects with VMWare's vCenter Network Architecture achieves this and registers for real-time updates. by simplifying the design, Synchronization between deployment, and management of the Virtualization Provisioning Service next-generation network, starting and VMware vCenter can be with the data center. configured to occur automatically(in set time intervals) or can be initiated Creating a unified fabric (the Virtual by the end user manually. VMware Enterprise Network Architecture vCenter provides the virtualized Virtual Services Fabric)within and server topology(VMs and vSwitches) between data centers establishes an with information on which VMs are infrastructure that is highly resilient, active, where they reside (switch, maximizes use of available port, time), which VLANs they are bandwidth and simplifies associated to and which QoS/QoE provisioning of the logical network parameters have been assigned. By by decoupling it from the physical stitching this information to network infrastructure, which significantly topology information (automatically improves support for a virtualized discovered through Configuration server environment and, more and Orchestration Management), importantly, for VM mobility. With a Virtualization Provisioning Service unified fabric, new applications and provides an invaluable end-to-end services are instantiated at the edge view of the virtualized data center, of the Virtual Services Fabric, enabling network operators to more obviating the need for re-designs or effectively manage and troubleshoot configuration changes in the core. the network. With Virtualization Provisioning BidSync Page 1216 p 'l�l 2 .�2 State of Utah Bid JP14 devices ( "follow" rC)VIIC)Il networkaction executes. For example, a user could create a rule saying that if a l - E VMs as they migrate new Microsoft®R Outlook VM is between servers created,VLAN ID 100 should N automatically be assigned to it, Using its insight into the entire VM lifecycle including creation, giving that new VM connectivity without any user intervention. migration, cloning and deleting of � , VMs, Virtualization Provisioning Service updates Avaya devices, as Provisioning changes can be set to needed, to react to lifecycle changes. occur automatically or manually. In As lifecycle changes occur, automated mode, changes are Virtualization Provisioning Service applied based on rules that, when can apply predefined templates to applicable, are implemented , switch ports when a defined set of automatically. In manual modean rules is matched. Port templates action is proposed to a network include the connectivity services operator who can execute the , (VLAN and iSIDs for SPB enabled change manually through an intuitive , devices)as well as, QoS, ACLs, port guided workflow. - shaping, and bandwidth limiting parameters that can be applied (ata Ensures network is VM level) to the port of the edge ready before a VM _ - device connected to the server. - u® move takes place Users can establish rules and create Virtualization Provisioning Service templates within the Virtualization can be configured to receive - Provisioning Service rule and planning triggers from VMware °- template manager. Rules can include vCenter, which alerts Virtualization a type of VM and lifecycle trigger Provisioning Service of pending - and an associated action. Users have changes on the VM side. --�- the flexibility to set up Virtualization Virtualization Provisioning Service - Provisioning Service to identify VMs validates whether or not the - - by application type, by I P address, or proposed change requires a change by which port group it is assigned to to the network configuration. If a so that, when a specified change network configuration change is (such as a move) occurs, a specified required,Virtualization Provisioning 9/11/2013 12:07 PM BidSync State of Utah Bid J P1 4001 Service makes the change In the auto-validation mode, virtual rules are being applied to which automatically or requests action by server changes are correlated to the devices, (3)an applied configuration the operator before the VM change is network devices so that required view, showing all successful implemented. This ensures that provisioning changes can be configuration changes on the various network configuration is in place detected.Virtualization Provisioning devices, and (4)a pending and failed before VMs migrate from one server Service alerts the network action view, including all VMware to another, avoiding potential administrator as to whether or not vCenter triggers that were not connectivity and/or performance network ports conform to predefined applied. The Virtualization issues. templates but does not apply a Provisioning Service dashboard configuration template gives end users the flexibility to automatically. Instead, changes can customize their own layout such as Avaya Virtualization be applied manually, by the operator, number of panes and which Provisioning Service key through a guided workflow. components appear in those panes. attributes Operational choice In auto-provisioning mode, where Seamless integration into existing configuration templates are applied VMware vCenter environment Providing flexibility to network automatically,Virtualization Virtualization Provisioning Service is operators, Virtualization Provisioning Provisioning Service alerts the an out-of-band management Service can operate in a variety of network administrator as to whether solution that integrates directly into modes:view and reporting mode, or not network ports conform. If an existing Data Center environment. auto-validation mode, or auto- ports do not conform,Virtualization Unlike competitive solutions provisioning mode. Provisioning Service applies the requiring replacement of the VMware configuration automatically. vCenter vSwitch (performs switching View and reporting mode provides an up-to-date, complete physical functions for multiple VMs on and Flexible dashboard between servers),Virtualization and virtual, end-to-end topology. In this mode, Virtualization Provisioning The Virtualization Provisioning Provisioning Service works in Service sends notification and/or Service dashboard provides a real- conjunction with the VMware alerts on VM changes and provides time view of different aspects of the vSwitch and does not require its an updated VM inventory view in virtualized data center including: (1) removal. This ensures that Configuration and Orchestration a view of the server environment Virtualization Provisioning Service Management and Virtualization from vCenter only, providing an installation is completely transparent Provisioning Service. active inventory of all VMs, (2) a to the virtualized server monitoring view, showing which environment. 6 1 avaya.com 9/11/2013 12:07 PM BidSync Page 1218 p JT1 2 .�2 State of Utah Bid JP14001 Navrgatmr �41a1 Hone YPSManager Admvi f(Nawgah n es D shhoard w Derlcas - DashboardI! Qperating Mode Def ault Managers Network Profiles Server Infp—atian Vp� Rules I Se er— L.i VM. VM Applionti.,Typ 5.,oh(!d) Port Group(vldv) PG VLAN ID(vldv) Uplink(vldv) Phy ct Reports 47.152 232.4(ip2) Bangalore VM-Seeth (ip1) Outlook Se VSwH h 5 ath ram P HG upl0 an V5 10 upllnk2l p I 11n, VPS Mana9dr ? Audit Lo 7 g 47 152 232 4(ii Bangalore VM-Seetharem(vipl) Outlook Server VSwdch Seetheram POHGroup10 on V5 10 prc� 41,112 112,1(il Bangalore VMA bl(vp2) Ou[look 5 r YSMoh-Seethararn PortGroup20 on V5 20 00 : Pagel F( , Displaying records1 k of4 CMurntnr "�I ABRhed G4nfii0uratrarrs Acton Swdch IP SlotNort Tmestamp Message i Evert VLAN ID Action Rule. Network Profile , (VMCreate 100 Manual sanni s—Profilal [..VMCreate 100 Auto somRule2 somProtile2 I VMCreate 100 Auto sorni somProtle3 r vivaeate 200 Auto somRule4 somProtle4 t VMCreate 300 Auto somRuleS somProfill �$p PendrogJFalled AFki— Avaya Virtualization Provisioning Service Dashboard Service bundles Devices supported Learn More To help ensure flawless deployment Avaya network devices -Avaya To learn more about Avaya of Virtualization Provisioning Service, Ethernet Routing Switch 86xx/88xx, Virtualization Provisioning Service, Avaya offers both basic and advanced Avaya Ethernet Routing Switch 45xx, contact your Avaya Account Manager service bundles. The basic service Avaya Ethernet Routing Switch 5xxx, or Avaya Authorized Partner. Or,visit bundle covers Virtualization Avaya Virtual Services Platform 9xxx us online at avaya.com. Provisioning Service installation, and Avaya Virtual Services Platform integration and operation. The 7xxx advanced service bundle adds a complete network and server VMware ESX/ESXi support- analysis, the creation of a set number ESX 3.x, ESX 4.X of rules and templates specifically tailored to the customer's VMware vCenter support- environment and a full demonstration v 2.S.x and 4.x of the entire Virtualization Provisioning Service workflow in a live network environment. avag 9/11/2013 12:07 PM BidSync age 1642 12 Bid J P1 4001 @ 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by @,",or SM are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein.References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 06/11-MIS4741-02 81 avaya.com Page 1220 9/11/2013 12:07 PM BidSync p 1�1 2 .�2 State of Utah Bid JP14001 AVAYA The Power of We'" VSP 4000 Fact Sheet Simplify your network end to end with the Avaya fabric-enabled multiservice edge device ° Simplify your network with the Avaya VSP 4000. Designed to extend the reach °m of Avaya VENA Fabric Connect technology to the network edge, the VSP 4000 ° k delivers fully featured network virtualization capabilities in a low cost 1 Gig/10 Gig platform optimized for small locations. Offering full multiservice capabilities without deployment of multiple protocols, the VSP 4000 offers a simplified, ° - streamlined way to build and manage networks. For deployments in small offices where it is desirable to extend fabric technology across the wide area, the metro, or the campus edge or where you need separation of traffic for regulatory/security reasons or to support multiple entities, Avaya VSP 4000 delivers rich multiservice and multi-tenant functionality in a cost-effective platform for small locations. A new way of building 802.1aq Shortest Path Bridging and IETF networks 6329,Avaya VENA Fabric Connect combines decades of experience with '- - °- Reflecting the complexity of most Ethernet and Intermediate System-to- networks, a recent Avaya survey of IT Intermediate System (IS-IS) to deliver a managers found that 41% of all next generation technology that combines respondents need one month or more to the best of Ethernet with the best of IP. - ° implement a simple network change. This Avaya VENA Fabric Connect creates a is not surprising when even moves, adds multipath Ethernet network that leverages and changes, for example, often require IS-IS routing to build a topology between cumbersome network-wide configuration nodes dynamically. Traffic always takes that makes them difficult to implement. the shortest path from source to Fixing one thing can mean breaking destination, increasing performance and something else when rigid design rules efficiency. and a myriad of protocols are involved. What's needed is more speed, agility, and Avaya Fabric Connect takes the ° flexibility in configuring networks- complexity out Ethernet. Delivering a especially when incorporating megatrends comprehensive array of network services, such as video, mobility, Cloud Computing, including Layer Y 2 and Layer 3 Big Data and the rapid advancement of virtualization with optimized routing and applications and end devices. IP multicast support, it allows customers to phase out multiple complex legacy A completely new way to build networks, technologies gradually and to enable all Avaya Fabric Connect delivers a _ Y services through e single, next-generation simplified, agile and resilient infrastructure technology. that makes network configuration and deployment of new services faster and Accelerating time to service and reducing easier.A standards-based fabric errors, simple end point provisioning can technology based on enhanced IEEE extend any service anywhere in the Bidsync 1 �f1�1 12 State of Utah Bid J P1 4001 'Avaya VENA Fabric VSP 4000: Extending three model variants)or can purchase Avaya VENA Fabric a kit that enables ERS 4850 models, Connect greatly rev 10 and higher, to be converted (by simplifies the Connect to the network adding a software module and cover) edge to a VSP 4000 system. deployment of vital VSP 4000 is an industry leading business applications, fabric-enabled multiservice edge VSP 4000 Models: device that extends Avaya Fabric potentially reducing Connect to the Campus, MAN or The VSP 4000 comes in three model delivery times by days WAN edge by providing a services- variants: rich yet low cost platform for small VSP 48SOGTS -48 ports of or even weeks and sites. It plays a critical role in 10/100/1000 including two shared delivering enterprise-wide fabric SFP and two SFP- uplink ports with taking human error out architecture that spans from Data optional redundant power. of the equation," Center to desktop. VSP 48SOGTS-PWR+ -48 ports of says Mike Kincaid, Leveraging the robust, field-proven, 10/100/1000 with Po E+ including two carrier-grade Linux operating system shared SFP and two SFP- uplink Manager of Network of the Avaya Data Center core switch, ports with optional redundant power. Services and the VSP 9000, the VSP 4000 provides a consistent feature set and VSP 48SOGTS-DC- 48 ports of Telecommunications at CLI. Its operating system contains 10/100/1000 including two shared many of the same features that SFP and two SFP- uplink ports with UC Health. contribute to the robustness of the optional DC redundant power. VSP 9000 core platform including: - Flight recorder-style logging to help VSP 4000 Services infrastructure. Physical topology with continuous real-time Overview: becomes irrelevant and complex monitoring of internal control design rules are eliminated, enabling message flows The VSP 4000 offers a wide range of network operators to build any logicalnetwork services that can be . Key Health Indicators that provide a deployed simply and easily. The first topology wherever and whenever it's view of system health at all levels required. (OS, system applications/protocols release supports: Compared to a traditional network, I/O modules, ports and the - Layer 2 Virtualized Services that forwarding path) extend VLANs across the Fabric Avaya Fabric Connect offers a dynamic, agile network that is much VSP 4000 hardware is based on the (including across subnets and long easier to plan, build and run. ERS 4800 product line. Customers distances) can purchase new VSP 4000 systems - Layer 3 Virtualized Services that from the factory(with a choice of interconnect and extend VRFs across the Fabric - Native routing between Layer 2 and Layer 3 Virtualized Services for Complex: Simple: access to shared services. • Multiple protocols(STP,RIP,OSPF,BGP, Single protocol(IS-IS) - IP Shortcut Routing that enables PIM) • Design flexibility(Independent from• direct Layer 3 connectivity Network design rules physical topology,services can be between individual end-points • Cumbersome adds moves and changes added wherever needed) without requiring deployment of • Network wide configuration(STP Quick adds,moves and changes additional IGPs. groups,VLANs,hop by hop) Single-command end point provisioning for new services and changes to services Advanced Avaya VENA Fabric Inefficient use of resources(blocked Efficient use of resources(no blocked Connect services, such as IP multicast ports) ports,optimized shortest latent path from shortcuts and IP multicast source to destination) virtualization, will be added by the Slow recovery(generally second,) Sub second recovery end of the year. 2 � avaya.com 9/11/2 13 12:07 PIVI BidSync Page 122212 .�2 State of Utah Bid JP14001 VSP 4000 Deployment Scenarios: Offering a multiplicity of services, Complex: Simple: VSP 4000 is well suited to a wide Multiple protocols(IGPs,BGP,MPLS) Single protocol(IS-IS) array of deployment scenarios Complex to configure(VRFs,1GP,iBGP, Easy to configure(VRF to ISTD) MPBG P,route targets,route including: Easy to move,add and change tenants distjnguishers) • Virtualized small/mid-sized Complex to move,add and change enterprise tenants • Distributed enterprise Slow recovery(generally in seconds) Fast recovery(sub second) No true traffic isolation True traffic isolation;meet regulatory requirements A deployment may require either or Vulnerable to security breaches(ULAN Secure (MAC in MAC encapsulation both of the following (which are jumping) prevents ULAN jumping) discussed in detail further down in this document): Distributed Enterprise universities, governments, healthcare • End to end traffic separation for For Avaya VENA Fabric Connect and enterprises engaged in acquiring multi-tenancy or for security/ technology to truly transform the other entities, for example, sometimes regulatory compliance (i.e. PCI DSS) want to segregate traffic while network end to end, it must extend to • Integrated video surveillance remote locations. Enabling a single offering some shared services. technology that can be used With its integrated VRF capabilities, Virtualized Small/ Midsized throughout the network, the VSP Avaya VENA Fabric Connect allows Enterprise 4000 provides connectivity to Layer 3 networks to be deployed The Avaya VENA Fabric Connect remote sites across Service Provider easily across the fabric with simple strategy includes delivering the value Point-to-Point Ethernet Services end point provisioning. Acting as a of fabric based technology to any size (E-Line)and allows Avaya VENA low-cost multi-tenant demarcation company. Providing a small-to- Fabric Connect to connect to sites service that supports and isolates midsize enterprise solution that is that extend across metro area traffic from multiple entities, the VSP both feature-rich and cost effective, networks, VSP 4000s can be 8000 makes a critical contribution to the VSP 4000 can be deployed with deployed over a physical ring based the environment. VSP 7000 in the core to enable a infrastructure. simplified, agile, resilient network. Across the WAN Supporting Avaya VENA Fabric VSP 4794 Connect technology, the VSP 7000 is at branch office a fixed-format 10 Gig optimized �-int o as " s S1, device that offers a rich network core P � and advanced functionality. Deployed � j� %111 together, this powerful combination 'T I VSP 900OR000 enables the main stream adoption of 8800 r mf p €asa fabric technology by making it cost- Cam Datacen r effective for the smaller enterprise. , 0 ��` �ll 1fin14% 1 Across the BJa+eYrxx VSP"4000 X 1, Figure 3:End to End Traffic Separation to support Multi-tenancy Figure 2:Distributed Enterprise End to End Traffic Separation for VSP 7f)(10 End to End Traffic Separation to Security or Regulatory Reasons support Multi-tenancy For security or regulatory reasons s, ` Within any type of enterprise enterprises may need to separate environment, end-to-end traffic traffic end to end. Examples include separation may be required to protecting credit card transactions, Figure 1: Virtualized Small/Midsized support multi-tenancy.Airports, Enterprise 7 9/11/2013 12:07 PM BidSync 26 2 State of Utah Bid JP14001 We designed a L3 network Over OUr Avaya fabric for credit card transactions and Complex: Simple: • Multiple protocols(PIM over OSPF) Single protocol(IS-IS) keep It totally ISCitG from Complex to operate and troubleshoot Easy to operate and troubleshoot(IEEE the Other StU ent and staff (proprietary tools) 802.1 ag extensions) • Network wide configuration(boot strap Single command end point traffic. This allows US routers,rendezvous points) configuration to meet PCI DSS compliance Recovery from failures seconds even Fast recovery(sub second) minutes for the banks very easily. Limited scale(100's of streams) Massive scaling(10's of thousands of Phis to implement, W didn't streams) need to make changes all the Way thrOUh the core in Integrated Video Surveillance operational environment based on Verticals such as transportation, business requirements. These include: Order to segment the traffic. standardized Command Line government and hospitality often rely on video surveillance technology to Interface (CLI), Web-based Enterprise -Phil Taylor, Communications Consultant from Leeds Metropolitan University protect people and products and, Device Manager(EDM), SNMP-based while it is evolving toward multicast, management (SN MP v1,v2 &v3), and video surveillance still relies largely the evolving Unified Management medical equipment or surveillance on unicast traffic. VSP 4000 supports framework for comprehensive, cameras from other network traffic or, unicast today and will support centralized, and multi-facetted multicast connectivity in a future network management. Based on in any vertical, separating VoIP and release-without requiring additional common services - authentication managing it independently. IGPs or PIM protocols. In addition, and access control, audit, etc. - plus a With its integrated VRF capabilities, VSP 485OGTS-PWR+ devices, which number of integrated AJAX-based Avaya VENA Fabric Connect allows also support IEEE 802.3at Po E+, can plug-in applets that deliver seamless Layer 3 networks to be deployed power new point tilt and zoom task-specific capabilities, all have a easily across the fabric and kept cameras. consistent look and feel: isolated end to end. This, in addition Configuration &Orchestration to Mac-in-Mac encapsulation at the Avaya Fabric Connect technology is Management„Visualization, edge, can deliver the multiple built from the ground up to handle Performance and Fault Management; networks required and offer Multicast trees efficiently since and IP Flow Manager. additional security by preventing Broadcast and Multicast forwarding are inherent functions within Enabling a more streamlined, breeches like VLAN jumping. Ethernet. Enabling the network to accurate, intelligent approach to instantiate point-to-point, point-to- delivering device-centric and multi-point and any-to-any network-wide management services, connectivity services on demand, the entire Avaya VENA Fabric Avaya VENA Fabric Connect offers a connect management framework is context based. Provision wizards, highly efficient, scalable, more ,� P s along with other labor-saving tools, �- ,G= resilient way to distribute multicast. provide faster service activation with Compared to traditional IP multicast a more consistent approach to implementations,Avaya VENA Fabric configuration and, because wizard m4y; r Connect offers the following benefits. templates are pre-populated with (see table above) best-practice recommendations and/ or mandatory values, human-error is Figure 4:End to end traffic separation Management minimized. for security or regulatory reasons The Avaya Virtual Services Platform 4000 can be managed by a variety of management tools, creating a flexible `/ Page 1224�pf121 12 9/11/2 13 12:07 PM BidSync State of Utah Bid JP14001 Lifetime warranty Avaya includes comprehensive Switch details 48 10/100/1000 Gigabit Ethernet ports warranty services for its portfolio of 2 shared SFP ports stackable switches, including Fabric Plus 2 x 1/10 Gigabit SFP+ports Connect edge devices. System CPU operates at 533 MHz Complimentary next-business-day Switch is configured with 1GB RAM shipment of failed units is provided RJ 45 Console port provides industry standard serial for the full life of the product in port connectivity addition to next-business-day Ships with 1 set of 44mm/19" rack mount brackets shipping to replace failed hardware Dimensions 4.4cm-IRU(H),44.Ocm(W),43.68cm(D) worldwide.Avaya also offers Weight 11.48 Kg complimentary basic technical Power and Thermai Supplied with I x 300 watt Field Replaceable AC power support: Level 1 for the supported supply lifecycle of the product and up to Supports addition of second Field Replaceable AC Level 3 for the first 90 days after power supply for redundancy purchase including support for the Thermal Rating 323 BTU/hr shipped software version with an optional Software Release Service. III I„ Based on the industry norm for hardware, `Lifetime' is defined as the Switch details 4810/100/1000 Gigabit Ethernet ports production lifecycle phase plus 5 48 ports support IEEE 802.3at PoE+ years post-discontinuation.And, for 2 shared SFP ports customers desiring protection over Plus 2 x 1/10Gigabit SFP+parts and above warranty provisions, Avaya System CPU operates at 533 MHz Switch is configured with 1GB RAM offers a full suite of support services. RJ 45 Console port provides industry standard serial port connectivity Summary Ships with 1 set of 44mm/19" rack mount brackets Deployed in conjunction with other Dimensions 4.4cm IRU(H),44.Ocm(W),43.68cm(D) Avaya Fabric Connect solutions, the Weight 11.98 Kg VSP 4000 can increase profitability Power and Thermai Supplied with I x 1000 watt Field Replaceable AC power and productivity, streamline business supply operations, lower costs and help your Supports addition of second Field Replaceable AC power supply for redundancy or additional PoE business gain a competitive edge. Thermal Rating 383 BTU/hr Offering a simple, more elegant Maximum P budget 855 watts when operating on one 1000w power supply approach to deployment of all 1-2/3 1855 watts when operating on two 1000w power supply services,Avaya is a leader in fabric- enabled networking. Learn r Switch details 48 10/100/1000 Gigabit Ethernet ports To learn more about the Virtual 2 shared SFP ports Services Switch 4000 series, please Plus 2 x 1/10 Gigabit SFP+ports System CPU operates at 533 MHz contact your Avaya Account Manager Switch is configuredwith 1GB RAM or Avaya Authorized Partner. Or,visit RJ 45 Console port provides industry standard serial us online at avaya.corn. port connectivity Ships with 1 set of 44mm/19" rack mount brackets Dimensions 4.4cm-IRU(H),44.Ocm(W),43.68cm(D) Weight 11.48 Kg Power and Thermai Supplied with I x 300 watt Field Replaceable DC power supply Supports addition of second Field Replaceable DC power supply for redundancy Thermal Rating 323 BTU/hr 9/11/2013 12:07 PM BidSync '1256 2 State of Utah Bid JP14001 General & Performance • Frame length:64 to 1518 Bytes(802.1Q VRRP Interfaces:up to 64 Ingress&Egress Port ACLS Untagged),64 to 1522 bytes(802.1Q Tagged) IP Forwarding Table:16k Ingress VLAN ACLS • Jumbo Frame support:up to 9.6 KBytes IP static Routes:up to 1000 Enterprise Device Manager GUI,on-box&off- Multi-Link/LAG:up to 128 Groups,with 8 Links , Circuitless IP Instances:up to 64 box per Group Configuration&Orchestration Manager • ECMP Routes:up to 512 NH Groups,up to 4 • VRRP Backup Master NH per group Virtualization Performance&Fault Manager • VLANs:up to 4,084 VRF instances(IPv4):up to 24 Virtualization Provisioning Service • Multiple Spanning Tree Instances:up to 12 SPB L2 VSN:up to 1000 System Logging • MAC Address:up to 32k 5PB L3 VSNS:up to 24 Mirroring:1:1/1:M/M:1/M:M • IP Interfaces:256 5PB Inter-VSN Routing Key Health Indicators • Dynamic ARP Entries:up to 6000 5PB IP Shortcut Routing Flight Recorder • Policy-based Routing IEEE& IETIF Standards Compatibility IEEE • IEEE 802.1Q VLAN Tagging IEEE 802.1Qbb Priority-based Flow Control IEEE 802.3z Gigabit Ethernet • • IEEE 802.1AX Link Aggregation Control IEEE 802.310BASE-T Ethernet IEEE 802.3ab 1000BASE-BX Ethernet • Protocol(LACP) IEEE 802.3 CSMA/CD Ethernet(ISO/IEC IEEE 802.3ab 1000BASE-CWDM Ethernet • IEEE 802.1p Priority Queues 8802-3) IEEE 802.3ab 1000BASE-LX Ethernet • IEEE 802.1s Multiple Spanning Tree Protocol IEEE 802.3i 10BASE-T Auto-Negotiation IEEE 802.3ab 1000BASE-SX Ethernet (MSTP) IEEE 802.3u 100BASE-FX IEEE 802.3ab 1000BASE-T Ethernet • IEEE 802.1v VLAN Classification by Protocol IEEE 802.3u 100BASE-TX Fast Ethernet(ISO/ , IEEE 802.3ab 1000BASE-XD Ethernet and Port IEC 8802-3,Clause 25) • IEEE 802.3ab 1000 BASE-ZX Ethernet • IEEE 802.1w Rapid Spanning Tree Protocol IEEE 802.3u Auto-Negotiation on Twisted Pair (RSTP) (ISO/IEC 8802-3,Clause 28) IEEE 802.3ae 10GBASE-X • 802.1ag Connectivity Fault Management IEEE 802.3x Flow Control on the Gigabit • 802.1aq Shortest Path Bridging(MAC-in- Uplink port MAC) IETF • RFC 1027 Using ARP to implement RFC 1866 HTMLv2 Protocol • RFC 768 UDP Protocol transparent subset gateways/Nortel Subnet • RFC 2068 Hypertext Transfer Protocol • RFC 783 TFTP Protocol based VLAN • RFC 2131 Dynamic Host Control Protocol • RFC 791 IP Protocol RFC 1122 Requirements for Internet Hosts (DHCP) • RFC 792 ICMP Protocol RFC 1256 ICMP Router Discovery RFC 2138 RADIUS Authentication • RFC 793 TCP Protocol RFC 1305 Network Time Protocol v3 RFC 2139 RADIUS Accounting • RFC 826 ARP Protocol Specification,Implementation and Analysis • RFC 2474/RFC 2475 Diff5ery Support • RFC 854 Telnet Protocol RFC 1340 Assigned Numbers • RFC 2475 An Architecture for Differentiated • RFC 894 A standard for the Transmission of IP RFC 1340 Assigned Numbers Service Datagrams over Ethernet Networks RFC 1519 Classless Inter-Domain Routing RFC 2597 Assured Forwarding PHB Group • RFC 896 Congestion control in IP/TCP (CIDR):an Address Assignment and internetworks Aggregati on Strategy RFC 2598 Expedited Forwarding PHB • RFC 903 Reverse ARP Protocol • RFC 1541 Dynamic Host Configuration RFC 2819 Remote Monitoring(RMON) RFC 906 Bootstrap loading using TFTP Protocol1 RFC 2992 Analysis of an Equal-Cost Multi- • • RFC 1542 Clarifications and Extensions for the Path Algorithm • RFC 950 Internet Standard Sub-Netting Bootstrap Protocol RFC 3046 DHCP Relay Agent Information Procedure Option 82 • RFC 1591 DNS Client • RFC 951/RFC 2131 BootP/DHCP • RFC 1812 Router Requirements • RFC 959/RFC 1350/RFC 2428 FTP and TFTP Client and Server 'A vaya is fundamentally changing the tray multicast is delivered, When testing their IP multicast over Fabric Connect functionality, all the resources /had in my lab couldn't stress thein solution, ,Also, during fa/lover testing, l was arnazed that the network and the multicast service re-converged faster than l could record it, We loop forward to working with A vaya to deliver scalable, and efficient video surveillance solations for our customers, -Darren Giacomini, Lead Architect, Pe/co 6Page 12261pf121� 12 9/11/2 13 12:07 PM BidSync State of Utah Bid J P1 4001 Network Management RFC 959 File Transfer Protocol • RFC 1930 Guidelines for creation,selection, RFC 2819 Remote Network Monitoring • and registration of an Autonomous System Management Information Base • RFC 1155 SMI (AS) RFC 4250 Secure Shell(SSH)Protocol • RFC 1157 SNMP RFC 2541 Secure Shell Protocol Architecture Assigned Numbers • RFC 1215 Convention for defining traps for use RFC 2571 An Architecture for Describing RFC 4251 Secure Shell(SSH)Protocol with the SNMP SNMP Management Frameworks Architecture • RFC 1271 Remote Network Monitoring RFC 2572 Message Processing and RFC 4252 Secure Shell(SSH)Authentication Management Information Base Dispatching for the Simple Network Protocol • RFC 1305(NTP client/unicast mode only) Management Protocol(SNMP) RFC 4253 Secure Shell(SSH)Transport Layer • RFC 1350 The TFTP Protocol(Revision 2) RFC 2573 SNMP Applications Protocol • RFC 1354 IP Forwarding Table MIB RFC 2574 User-based Security Model(USM) RFC 4254 Secure Shell(SSH)Connection for v3 of the Simple Network Management Protocol • RFC 1757/RFC 2819 RMON Protocol(SNMPv3) RFC 4255 DNS to Securely Publish SSH Key • RFC 1907 SNMPv2 RFC 2575 View-based Access Control Model Fingerprints • RFC 1908 Coexistence between v1&v2 of the (VACM)for the Simple Network Management RFC 4256 Generic Message Exchange Internet-standard Network Management Protocol(SNMP) Authentication for SSH Framework RFC 2576 Coexistence between v1,v2,&v3 of the Internet standard Network Management FrameworkRFC 2616 Hypertext Transfer Protocol 1.1 141113s RFC1155 Structure of Management • RFC 2021 RMON MIB using SMIv2 RFC 2925 Remote Ping,Traceroute&Lookup • Information RFC2233 Interfaces Group MIB using 5MIv2 Operations MIB • RFC 1156 MIB for network management of RFC 2096 IP Forwarding Table MIB RFC3411,RFC3412,RFC3413,RFC3414, R FC3415 S N M Pv3 TCP/IP RFC2571 An Architecture for Describing• RFC1157 Simple Network Management SNMP Management Frameworks RFC3416 v2 of the Protocol Operations for the Simple Network Management Protocol Protocol(SNMP) RFC 2572 Message Processing and (SNMP) • RFC 1212 Concise MIB definitions Dispatching for the SNMP • RFC3826 The Advanced Encryption Standard • RFC 1213 TCP/IP Management Information RFC 2573 SNMP Applications (AES)Cipher Algorithm in the SNMP User- Base RFC2574 User-based Security Model(USM) based Security Model • RFC1215 A convention for defining traps for for version 3 of the SNMP RFC4022 Management Information Base for use with SNMP RFC2575-View-based Access Control Model the Transmission Control Protocol(TCP) • RFC 1354 IP Forwarding Table MIB (VACM)for the SNMP RFC4113 Management Information Base for • RFC 1398 Ethernet MIB • RFC2576-Coexistence between Version 1, the User Datagram Protocol(UDP) • Version 2,and Version 3 of the Internet- RFC4133 Entity MIB RFC 1442 Structure of Management standard Network Information for version 2 of the Simple IEEE 802.3ad Link Aggregation Control Network Management Protocol(5NMPv2) Management Framework Protocol • RFC 1450 Management Information Base for RFC 2578 Structure of Management IEEE 802.1x Exensible Authentication Protocol v2 of the Simple Network Management Information v2(5MIv2) Over Local Area Networks Protocol(5NMPv2) RFC 2674 Bridges with Traffic MIB PROMIBI-Rapid City MIB • RFC1493 Definitions of Managed Objects for RFC 2787 Definitions of Managed Objects for PROMIB 2-SynOptics Root MIB Bridges the Virtual Router Redundancy Protocol • PROMIB3-Other SynOptics definitions • RFC 1573 Interface MIB RFC2819 Remote Network Monitoring PROMIB4-Other SynOptics definitions • RFC 1643 Definitions of Managed Objects for (RMON) the Ethernet-like Interface Types RFC2851 Definitions of Managed Objects for PROMIB5-Other SynOptics definitions • RFC 1650 Definitions of Managed Objects for the Virtual Router Redundancy Protocol PROM 1136-Avaya RSTP/MSTP proprietary the Ethernet-like Interface Types RFC 2863 Interface Group MIB MlBs • RFC1907 Management Information Base of PROMIBII-Avaya MIB definitions the Simple Network Management Protocol version 2(5NMPv2) End to End Traffic Separation Before and After Compared to traditional networks, which generally rely on complex MELS based technologies for traffic separation, Avaya Fabric Connect offers a simplified network environment where adding, moving and changing tenants can be accomplished simply and easily with end point provisioning. 9/11/2013 12:07 PM BidSync �2 avaggjecq)j� � 1,012 . State of Utah Bid JP14001 a- s IEEE& IETF Standards Compatibility(cont:) VSP 4000 Environmental Specifications • Operating temperature:O'C to 50'C(32'F to VSP 4000 Safety Agency Approvals EN55022:2006 European EMC Emissions(CE) 122°F) Global basis for certification:IEC 60950 EN55024 European EMC Immunity(CE) • Storage temperature:-40'C to 85'C(-13'F to current edition with all CB member deviations EN61000 158°F) CB Scheme Certification with Member Additional European EMC Specifications(CE) • Operating humidity:0 to 95%maximum Deviations FCC Part 15 US EMC Emissions relative humidity,non-condensing EN60950 Europe Safety(CE) • ICES-003 Canadian EMC Emissions Storage humidity:10 to 90%maximum UL60950 United States of America Safety • VCCI Japan EMC Emissions relative humidity,non-condensing • CSA22.2,#60950 Canada Safety Operating altitude:0 to 3,048m(0 to AN/NZS 3548 Australia/New Zealand EMC 10,000ft)maximum NOM Mexico Safety Emissions • Storage altitude:0 to 12,192m(0 to 40,000ft) ' S-mark Argentine Safety CNS13438 Taiwan EMC Emissions maximum Anatel Brazilian Safety • MIC Korean EMC Certification • Acoustic Noise: Electromagnetic Emissions&Immunity • Anatel Brazilian EMC Certification • less than 50dbA at 35'C CISPR22 International EMC Emissions • less than 57dbA at 50'C CIRPR24 International EMC Immunity MTEF Values • 214,542 to 311,104 hours(24.49 to 35.31 years) Warranty • Lifetime Next Business Day advanced 90-Day Advanced Technical Support hardware replacement Optional Software Release Service also • Lifetime Basic Technical Support available:GW5300ASG/GW6300ASG Country of Origin • Peoples Republic of China Ordering information � a lea EC4600?76-E6* VSP 485OGTS with 4810/100/1000&2 SFP ports plus 2 SFP+ports.Inc.Base Software License,1,Field replaceable 30OW AC PSU,NO PC EC4600?66-E6* VSP 485OGTS-PWR+with 4810/100/1000 802.3at Po E+&2 SFP ports plus 2 SFP+ports.Inc.Base Software License,1 Field replaceable 1000W AC PSU.NO PC EC46 0078- 6 VSP 485OGTS with 4810/100/1000&2 SFP ports plus 2 SFP+ports.Inc.Base Software License,1 Field replaceable 30OW DC PSU,NO PC. EC4610003-3.0 ERS4800 to VSP4000 Conversion kit. Includes VSP USB software module and cover. Licensed fora single system covers Base License features.SPB L2 support. Redundant power supplies � a lea AL1905?06-ES* 30OW AC redundant power supply. For use in the ERS 4626GTS,485OGTS,VSP 485OGTS and WL8180,WL8180 16L wireless controllers:LEUED RoHS 5/6 compliant]. AL1905?21-E6* STACKABLE 1000W AC POE+POWER SUPPLY.FOR USE IN 4XOO PWR+, AL1905005-ES Redundant 30OW DC power supply.For use in the VSP 485OGTSDC,ERS5698TFD,5650TD,and 5632FD (EUED RoHS 5/6 compliant).DC connector included *Note:The seventh character(?)of the switch order number must be replaced with the proper letter to indicate desired product nationalization.See table for details: "A" No power cord included "B" Includes European"Schuko"power cord common in Austria,Belgium,Finland,France,Germany,The Netherlands,Norway,and Sweden "C" Includes power cord commonly used in the United Kingdom and Ireland "D" Includes power cord commonly used in Japan "E" Includes North American power cord "F" Includes Australian power cord,also commonly b Page 1228�pf121 12 9/11/2 13 12:07 PM BidSync State of Utah Bid JP14001 Licenses EC4810010 Advanced License for any VSP4000 -I"Routing"(Qty 1) GRT IP Routing including IP-Shortcuts,Inter ISTD-Routing,VRRP,DHCP Relay,RIP**, OSPF**,BGP**,IPv6*,SMLT*,*,IP-Shortcuts with Multicast support** EC4810011 Advanced License for any VSP4000 -"Routing"(Qty 10) GRT IP Routing including IP-Shortcuts,Inter-ISTD-Routing,VRRP,DHCP-Relay,RIP**, OSPF**,BGP**,IPv6**,SMLT**,IP-Shortcuts with Multicast support** EC4810012 Advanced License for any VSP4000 "Routing"(Qty 25) GRT IP Routing including IP Shortcuts,Inter ISTD Routing,VRRP,DHCP Relay,RIP**, OSPF**,BGP**,IPv6*„SMLT**,IP-Shortcuts with Multicast support*" EC4810015 Premier License for any VSP 4000-"1-3 Virtualization"(Qty 1) IP VRFs,L3 VSNs incl.RIP**,OSPF**,BGP**,Virtualized SPB Multicast** EC4 10016 Premier License for any VSP 4000 "L3 Virtualization"(Qty 10) IP VRFs,L3 VSNs incl.RIP**,OSPF**,BGP**,VirtualizedSPB Multicast** EC4810017 Premier License for any VSP 4000-"1-3 Virtualization"(Qty 25) IP VRFs,L3 VSNs incl.RIP**,OSPF**,BGP**,Virtualized SPB Multicast** eNote:Feature support planned for a future release m ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by°'"' or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 04/13•UC7264 BidSync Page 1229�pf12177�12 � � ill} li r�� State of Utah Bid JP14001 �O lyAVAYA ,,, s,tspa„s��zr ,,,,iti„z,,,ltt;ttttttitttttttSttttittttttttfttt�, . The Power of We” Avaya Virtual Services Platform 7000 Future-ready Ethernet switching platform specifically architected for tomorrow's high-performance Data Center The Avaya VSP 7000, withits unique 'Distributed Top-of- Rack' - - e 9 e ili y, is the Data Center Top-of-Rack solution that delivers the industry's est application performance; featuringmulti-hop low-latency, supporting advanced _ m m Fabric-basedservices, and enabling a one-touch, edge- only°` provisioning model. Leveraging this application performance Vantage, businesses can reduce time-to- decision cycles, and reduce of deployment and operational costs. The Avaya Virtual Services Platform - Wire-speed hardware guaranteeing _ 7000 is an energy and space-efficient high throughput and low latency platform built around a next-generation - Dedicated high-speed ports empower chipset, delivering wire-speed 1/1OGbps the flexible, low-latency Distributed Ethernet for today's connectivity Top-of-Rack capacity that seamlessly requirements. It is also uniquely future- � connects multiple units ready with the embedded flexibility to seamlessly support 40 and 1OOGbps - Future-ready support for sophisticated Ethernet, Storage convergence, and has virtualization technologies and high- _ been built to support network-wide speed interfaces fabric-based virtualized services and lossless environments. Ready for today _ u The Avaya Virtual Services Platform 7000 is ideally suited to deliver today's Highlights pressing need for flexible, high-speed " • Built around an innovative fifth Ethernet connectivity in the high- generation flexible high-performance performance data center Top-of-Reck _ ASIC chipset with optimized packet (To R) role.Additionally it provides a buffering and enlarged scaling cost-effective 10 Gigabit Ethernet fan- _��® capabilities out capability for existing core switch • Versatile cooling options conforming deployments, saving valuable ports and to established data center hot/cold slots. It also has application in the aisle arrangements campus distribution layer, delivering flexible connectivity and consolidation • Hot-swappable power supplies, fans, options. Featuring a hardened physical and pluggable expansion architecture of dual, hot-swappable AC or DC power supplies and fan trays, the f 7 pgipMptional 7008XT MDA Bid Sync 2 '12 3 State of Utah Bid J P1 4001 panel and high-capacity fabric In addition to a class-leading switching interconnections. performance of over 1.2Tbps,the Avaya Virtual Services Platform 7000 The design of the Avaya Virtual has been equipped from the outset VSP 7024XL5 rear view-note the four Fabric Services Platform 7000 is Interconnect ports(located between the with superior CPU and memory removable power supplies and fans) sympathetic to the evolving resources so that it has the capabilities Avaya Virtual Services Platform requirements for precisely planned to execute the sophisticated 7000 is an important addition to a environmental implementations and algorithms necessary for a successful network manager's toolkit for it offers both front-to-back and fabric-based infrastructure. creating always-on high- back-to-front options for the field- performance solutions. replaceable fans tray and power supplies;this gives the flexibility to Deployment options The first of the Avaya Virtual conform to a variety of hot-aisle/ and benefits: Services Platform 7000 models to cold-aisle design requirements. Scenarios: be introduced, the 7024XLS, features fixed SFP+ sockets that support a Future-ready for tomorrow >>Top-of-Rack- single or dual wide variety of both IGbps and Switch/dual-attach Server In addition to the versatility afforded 10Gbps Ethernet pluggable by the optional MDA,the Avaya Virtual >> Fibre aggregation - Distribution transceivers, enabling short-and Services Platform 7000 includes a Switch or Data Center IOG fan-out long-haul copper and fiber host of strategic innovations that help >>ATA-over-Ethernet Storage connections. In addition the Avaya ensure it will continue to deliver transport Virtual Services Platform 7024XLS cutting-edge performance and also features a versatile Media services throughout an extended life Scope: Dependent Adapter slot that delivers cycle.Among the future-ready >> Flexible DC deployment support for a range of high-speed features is the advanced fifth scenarios, either traditional or expansion options, such as additional generation application-specific Fabric-based 10Gbps ports (SFP+ sockets or integrated circuit(ASIC)chipset that IOGBASE-T via R_145), 40Gbps*and has been optimized for network >>Transitional between IG and full 100Gbps* Ethernet, and Storage operations,including: IOG plant, seeking a strategic convergence connectivity.An solution innovative design helps ensures that Smart packet buffering to deliver the appropriate portion of the lower latencies and efficiently Benefits: switching fabric's powerful reallocate memory to those ports >>I/10GbE support 1,280Gbps performance is dedicated suffering congestion to supporting MDA-based >> Future-ready for key enabling connections, while still providing for Larger table capacities provide for technologies wire-speed throughout for all front improved scaling Positioning: Embedded services in support of >>Seamlessly transition the highly I MI. AN applications such as IP Flow virtualized server environment Information Export (IPFIX) from multiple 1GbE connections to one or two 10GbE- increase Native support for the particular capacity, reduce latency, reduce 7008XL5 Media Dependent Adaptor computational functionality crucial complexity featuring BxIOBASE-X SFP+sockets in high-performance data center >>Make a strategic investment in a and metro deployment scenarios future-ready platform that matches the mainstream data center Compatible with a variety of evolution requirements and advanced technologies: DCB*, SPB, timeline-40/100GbE,Storage 7008XT Media Dependent Adaptor featuring TRILL*, and the associated OA&M* convergence, DCB 8 x IOGBASE-T ports with the potential to support the likes of VPLS*, MPLS*, TRILL* 2 1 avaya.com 9/11/2013 12:07 PM BidSync Page 1231 .�2 17�12 i 1 , i >>Class-leading performance ' package- lowest latency, highest switching, most advanced chipset, and unique Fabric 11�Interconnect ports that are built- ' in and support flexible Distributed , m Top-of-Rack deployment r, ` scenarios � '"` Avaya VENA Distributed �'4, ,� ,�� Top-of-Rack The Avaya VENA Stackable Chassis Stack-mode:the erne proven implementation to date, delivering a feature is a common thread that runs capability, now faster familiar, proven capability that can through our fixed-format Switching High-capacity virtual backplane- it's be used as a scalable building block products. Built using Avaya`s been a given that performance for an evolving, high-performance pioneering `Flexible Advanced comes as a natural function of design Data Center environment. Stacking Technology` (FAST), this capability delivers genuine chassis- and price. However, with Stack-mode In-service maintenance and restoration like levels of resiliency and Distributed Top-of-Rack,Avaya has performance at a fixed format price. been able to combine non-blocking Virtual hot-swap capability-this This is one of the differentiators that internal Switching Fabrics with a crucial serviceability and operability make Avaya genuinely unique to high-speed interconnectivity feature helps ensure that any unit competitive offerings. The architecture to deliver a truly high failure can be quickly and easily experience gained developing performance and cost-effective rectified. It's a hot-swap capability successive generations of this solution. The Stack-mode pioneered in modular switches,and technology across multiple product implementation is not bound by the also made available on Avaya Virtual lines has enabled Avaya to now limitations and constraints facing Services Platform 7000 when deliver the`Distributed Top-of-Rack` rivals (such as token sharing/passing deployed in Stack-mode. Enabling capability with the VSP 7000 Series. systems, or basic cascading), and immediate like-for-like unit This capability creates a virtual has been specifically designed to replacement without impacting other backplane optimizing local traffic scale proportionally as new member functionality and traffic,and without flows by always forwarding packets switches are added; as more ports complex engineering intervention, along the shortest path between are added and the requirement for empowers operators to deploy our source and destination, using more bandwidth grows.A shortest- solutions just as they would a chassis. dedicated high-speed path traffic forwarding capability is When a failure occurs the neighboring interconnections. This is particularly at the heart of our resilient switches will automatically wrap their beneficial in a data center architecture, ensuring that the fabric connections to help ensure that environment creating a flatter, shortest, most optimal forwarding adjacent racks in the data center are latency-free network that path is selectively chosen for each not impacted.The failed unit is simply encompasses multiple racks of highly unique data flow. There is none of disconnected from the virtual virtualized servers.Available the unwieldy logical ring or token backplane and a like unit-without originally as a scale-out technology that lesser offerings use, any pre-staging of software or implementation of Stack-mode, but a star-based distributed configuration-can be inserted, Distributed Top-of-Rack has now forwarding topology that allows cabled,and powered-up.The been extended with an additional traffic to flow either`upstream'or Automatic Unit Replacement(AUR) mode - Fabric mode- and this downstream' simultaneously from process self-manages any necessary increases deployment flexibility and every Switch in the system, downloads to the new switch and then operational agility. optimizing both performance, brings it online;all of this without the resiliency, and resource utilization. need for an engineer to configure or The Avaya Virtual Services Platform manage the process. 7000 features our most advanced V age 7� 12 9/11/2013 12:07 PM BidSync of Utah Bid JP14001 Fabric-mode:new functionality for next-generation,scale-out fabric b networking t The VSP 7000 is an integral i 1� f t4�t pi17��t�1�i1�7��1t�li�S�tti component of our Fabric Connect strategy for end-to-end Fabric- '- � enabled networking, and the introduction of Shortest Path Bridging (SPB) enables us to leverage this technology to further innovate by developing the unique Distributed Top-of-Rack capability. With Fabric-mode, multiple VSP 7000s can be very flexibly meshed Distributed power and forwarding and connecting devices. With the to uniquely deliver multi-hop, low- No single point-of-failure-with a Avaya Virtual Services Platform latency for deployment scenarios chassis solution this has meant N+1 7000, it is much the same: simply that call for massive scale-out. power supplies and even redundant cable-in a new member, extend the Switching Fabrics. With Distributed appropriate configuration - all units Avaya has architected the Fabric- Top-of-Rack implemented in Stack- are managed as a single network mode Distributed ToR solution to mode it is much the same but entity. The Automatic Unit ultimately scale up to many hundreds without the cost penalty:each unit Replacement (AUR) feature is the of Switches within a single domain, has an independent Switching process that delivers the Agent with the current implementation Fabric, and each `Switching Module' Image software, the configuration supporting up to 200 Switches has an independent power supply, file, and the Diagnostic Image networked as a single contiguous which means that there is no one software to any additional or Fabric. This configuration delivers single point-of-failure. The Avaya replacement switch; it self-manages scale of up to 6,400 wire-speed 10 Virtual Services Platform 7000's any necessary downloads to the new Gigabit Ethernet ports that are dual hot-swappable power options Switches and then brings it online. directly supported by a virtual further enhances the overall All units operate, appear, and are backplane with a capacity of resiliency of the solution.Any managed as a single network entity, 112Tbps. The agile building block individual element failure is with unique IP and MAC Addresses. approach is extremely flexible, with equivalent to the failure of a single virtually no hard-and-fast topology module within a chassis. Frame Management functions are constraints; blocks can be small or forwarding decisions are distributed performed by a `Master Unit' (MU), large, and individual Switches easily across the Fabric; when a frame which is selected as part of interconnected with extended-reach forwarding decision results in the initializing the virtual backplane. copper or fiber cabling. need to forward the frame to another Once normal operations have been Switch, the intelligent shortest path established, if the MU (e.g. Unit 1) The Fabric-mode of operation differs algorithm determines whether the fails or is rebooted, the next Switch from the existing Stack-mode option frame will traverse the virtual (e.g. Unit 2)will take over as in a number of key areas: backplane. Temporary MU (TMU)and remain as such until either it or the entire - The Shortest Path Bridging Automatic software&configuration system is reset. If Unit 2, as the TMU, standard is used as the control,and centralized fails or is reset, then the TMU status internetworking protocol management will transfer to the next downstream technology(as opposed to the unit. The important point is that Avaya FAST protocol) to control Simplified implementation and the forwarding of traffic between g management- with a chassis there is always a process for electing solution it is simply a case of adding Switches the master and a backup to help a new module, adding configuration, ensure continuous operation of the combined system. 41 avaya.com 9/11/2013 12:07 PM BidSync Page 12331pf1217�12 State of Utah Bid J P1 4001 • The upper scale of a single'domain' - And finally, Fabric-mode requires switches and is not supported by is determined by the number of the Premier Software License while other devices (servers, etc). By SPB Nodes supported within Stack-mode is available as part of excluding servers from the active software- the current supported the Base Software License resiliency technology, these solutions number is 200- as opposed to the As can be seen, the expansion of the cannot extend availability to the `hard-coded' FAST limit of 8 (per Distributed Top-of-Rack modes of applications themselves. Avaya system) operation provides powerful VENA Switch Clustering is • The virtual backplane capacity additional capabilities and independent of STP and extends to increases from the Stack-mode deployment flexibility. Some support any device that utilizes Link limit of 5.12Tbps, and is up to scenarios may call for Fabric-mode's Aggregation, a technology that is 112Tbps (based on 200 Switches) higher interconnection scale or more both basic and ubiquitous. Devices flexible cabling approach while that attach to the Switch Cluster • Like-for-like Switch replacement, others might take advantage of create a virtual connection using i.e. how replacement units are Stack-mode's additional active- multiple physical links, this provides introduced and how image and active options or streamlined resiliency together with additional configuration files are deployed, is management. capacity. a manual process in Fabric-mode, as opposed to the automated Solutions that scale enterprise-wide functionality delivered by Stack- Avaya VENA Switch Clustering Cost-effective solutions for every mode Auto Unit Replacement The Avaya VENA Switch Clustering network size,not limited to top-of-the- • The rules governing how Fabric feature is built using the Split Multi- range product-business processes that Interconnect ports are cabled Link Trunking technology that is demand high-availability are typically changes from the strict unique to our products,yet is fully also deployed company-wide;so it is requirements of Stack-mode to interoperable with third party imperative to deliver consistent levels of `free'with Fabric-mode, promoting switches,servers,appliances,and resiliency across the entire network. very flexible topologies routers.What this delivers is a series of Avaya is uniquely positioned to offer the • The ability to support active-active, benefits that provide real value;while it same capability,using the same may be possible to simulate certain technology,in a broad range of dual- or multi-homed access is also individual elements,there is no platforms that scale in both price and supported for Fabric-mode, competitive offering that can rival the performance matching various although currently limited to MLT, combined capabilities, particularly in requirements across the network.This whereas Stack-mode supports MLT, terms of simplicity and efficiency. enables the consistent delivery of a DIVILT, and now also SIVILT network that is itself constantly • Switches are individually managed Delivering end-to-end delivering end-to-end application in Fabric-mode as opposed to the application availability availability,regardless of location or size. group management approach with Interoperable solution that extends Stack-mode beyond switches to servers- this Simplified solutions • Interoperability between Fabric- means that the high-availability is A capability that is simple to deploy mode and the Avaya VENA Switch not limited to only the switching and one that does not require Clustering capability is not network(the switches themselves complex and/or expensive products currently supported - while this is and their direct links), but to the total - the various capabilities and available with Stack-mode- network; importantly also extended benefits that Switch Clustering although this is a future deliverable to attached servers, appliances, and provides are delivered without WAN routers, etc. All competing complexity. There is no need for • The configuration effort required to offers are based on interaction within expensive hardware or software, or deploy both modes is relatively the switch domain, and crucially do for complex configuration or similar with the very low not extend to the application hosts on-going maintenance. This helps configuration burden being a themselves. Most rival offerings are ensure that the business benefits are feature of both based around variations of the not 'purchased at any price'; indeed Spanning Tree Protocol (STP); Switch Clustering uniquely combines however this is limited to the actual simplicity with cost-effectiveness. Indicates roadmap feature that isforecast to be delivered in a future software release. avaga cyg4 9/11/2013 12:07 PMBidSync age 1664 12 Bid JP14001 r - x on the network?Server virtualization within the data center is now taken for granted, with some declaring that `Cloud Computing' will become a reality for most enterprises, and that applications, information, and ! compute resources will become «j simple commodities. Experience has proved one thing;the data center of s the future cannot be built on the technology of the past. General- While some of the individual upon changes to the network purpose products, outmoded capabilities can be simulated using topology. This makes a network techniques, and legacy designs other techniques and/or a myriad of extremely sensitive to the reliability cannot be re-packaged as `data additional products, that approach and availability of particular devices center-ready'. The industry will take can only add cost and complexity. (root bridges, etc).Avaya's Switch the best and leave the rest. Ethernet Clustering is built around the is readily available, cost-effective, As an example,Switch Clustering concept of mirrored devices and extensible, and - as the 40 and 100 delivers user pre-session load-sharing virtualized capabilities, so that an Gigabit developments prove - across all uplinks from the access entire switch can be removed scalable, however many existing switch to the core;this capability is (through failure or for emergence or deployment methodologies are no automatically enabled without the routine maintenance)without any longer an option. need for any additional hardware, loss of overall application availability. software,or configuration.To attempt The Avaya Virtual Enterprise to replicate this level of capability in a What Avaya continues to deliver in Network Architecture is an over- STP-based network, it would need to this area is a degree of network arching strategy designed to have multiple VLANs with MSTP/ recovery which also facilitates improve network uptime by RSTPconfigured,a Layer 3-enabled in-service maintenance. The delivering the infrastructure that switch with routing and ECMP deterministic nature of Switch creates the private cloud and configured,and even then this solution Clustering empowers network virtually eliminates user-error would be limited to pre-VLAN load- operators to compartmentalize the network outages. We are reducing sharing only(not pre-session). network, making essential services time-to-service with simple one- even more resilient, and allowing for touch provisioning and we are individual failures to be repaired in improving data center efficiency Sub-second faillover&recovery real time, without service restoration with a tight integration between Delivering the necessary availability work impacting on collateral applications and network and also facilitating in-service components or applications. virtualization. We are reliably maintenance and optimized connecting users and content, with performance- Switch Clustering is Virtualization and network independent testing commissioned probably best known for delivering fabric infrastructure by Avaya reinforcing the fact that we sub-second failover and recovery. consistently deliver some of best Most enterprises are looking at ways to total cost of ownership in the While this remains extremely reduce cost and improve time-to- important, and never more industry. With an Avaya data service,and most are looking for ways network,you will get more value for important, it is not necessarily a to improve the operational efficiency feature that remains unique. every dollar spent by IT. of the Data Center.Wouldn't it be nice Enhancements to STP- namely rapid if you could deploy a new application Avaya VENA Fabric Connect reconfiguration -can be aggressively across multiple data centers in an configured to deliver similar levels of � The Avaya VENA Fabric Connect instant. Wouldn't it be nice if you capability, based on an enhanced failover performance. However all could give IT the ability to simply say flavors of STP remain tied to theimplementation of the Shortest Path "yes"when there is a new application concept of detecting and acting Bridging (SPB) technology, offers or service that needs to be deployed 9/11/2013 12:07 PM BidSync Page 12351pf1217�12 State of Utah Bid J P1 4001 the ability to create a simplified link-state routing protocol called they move across the data center network that can dynamically Intermediate System-to-Intermediate and enforcing the network attributes virtualize elements to empower System(IS-IS)and extends it to share of the VMs wherever they migrate in efficient provisioning and utilization topology,reachability,and device the data center.Avaya's of resources, thus reducing the strain information between every node in the Virtualization Provisioning Service on the network and personnel. SPB domain.With nodes holding their (VPS) is a software application Combined with the Avaya own self-determined view of the service that acts as glue between Virtualization Provisioning Service network,including the optimal path to VMware's vCenter and Avaya's tool, the Avaya VENA Fabric any destination,a fully distributed and Configuration and Orchestration Connect capability can, for example, dynamically maintained solution is Manager.Avaya Avaya Virtualization fully synchronize the provisioning of created. Provisioning Service provides a relay the networking requirements of mechanism to bridge the gap of workload mobility within and Avaya Virtualization Provisioning complete end-to-end provisioning of between data centers, dynamically Service servers and network devices in a and seamlessly moving or extending Avaya Virtualization Provisioning fully virtualized data center virtualized computing resources, Service is a virtualization management environment. It learns dynamic without the provisioning complexity solution that delivers automation, virtualized server topologies and associated with rival solutions. Based visibility&reporting that spans the updates Avaya devices to react to on SPB, an IEEE 802.1aq draft network infrastructure,servers, changes in server topologies. It standard augmented with Avaya storage and applications,across both provisions connectivity services enhancements that deliver specific physical and virtual environments. (VLANs) on switch ports based on enterprise optimization, Fabric Today's data center networks are the actual network connectivity and Connect offers a robust and resilient inefficient in dealing with server provisions QoS filter,ACL, SPB I-SID alternative to today's existing virtualization. From the time a Virtual &port profiles (templates) - based offerings and it delivers innovative Machine(VM)is created to the time it on preconfigured rules- to switch services and solutions while is activated, moved around or ports. maintaining Ethernet's key value deactivated,the network has no propositions of simplicity and cost- visibility into the virtual machine Provisioning changes can be applied effectiveness. Fabric Connect lifecycle.There are also few tools,if automatically based on a set of delivers new capabilities in the any,when it comes to troubleshooting predefined rules which are checked and crucial areas of simplicity, scalability, and managing VMs in the network. applied to network ports dynamically if performance, reliability, and service Due to the ability of VMs to the rule applies.They can also be orchestration and abstraction. dynamically move from server to applied manually where there is an alert server, provisioning the network for to the network administrator that there Creating a fault-tolerant,powerful,and VM security and application is a change happening within the server self-aware end-to-end fabric,this performance has proven to be a very environment and then a guided transparent network features a design serious networking challenge. workflow is triggered that would allow where service provisioning occurs only the administrator to apply the manual at the perimeter.The advantage is An important milestone in the network configuration change.These immediate and pronounced; evolution to a virtualized data center changes to the network,which can be administrative effort is reduced,errors is making the network very done in real-time,are critical in helping are avoided,and time-to-service is "efficient" when it comes to to ensure the applications function as vastly enhanced.The beauty of the managing, troubleshooting, expected and that moving the VM underlying SPB technology is that it provisioning and securing virtual doesn't negatively impact the end user masks devices,links,and protocols and machines in the network. This experience for that particular delivering what is logically an includes bringing network level application, extended Ethernet LAN that provides insight and visibility to the virtual connectivity for multiple end-points. machine lifecycle, applying the An area of differentiation for Avaya That's the simple concept and SPB appropriate network and port level Virtualization Provisioning Service is achieves this in an interesting and quite configurations at an individual VM its integration with the Avaya unique way. It leverages a dynamic level, dynamically tracking VMs as Identity Engines portfolio to deliver age 9/11/2013 12:07 PM BidSync age I667�12 State of Utah Bid J P1 4001 intelligent rule-based access control look and feel:Configuration& Summary for individual VMs. This gives network Orchestration Management; The Avaya Virtual Services Platform administrators the ability to prevent Visualization, Performance and Fault individuals from moving certain VMs Management;and IP Flow Manager. 7000 is purpose-built to support the in the middle of the day and helps dynamic data center and high-density ensure that specific networks are Provision wizards and other labor- 10 Gigabit Ethernet top-of-rack protected so that only approved VM's saving tools help ensure faster service deployments of today. It alleviates can be connected to them. activation and more consistent infrastructure complexity and reduces approach to configuration;this has power consumption with a truly Avaya Virtualization Provisioning the added benefit of reducing human- scalable and strategic architecture; it Service will also provide a wealth of error as templates are pre-populated is designed to be the high- reporting options so that network with best-practice recommendations performance top-of-rack platform for operators have a clear view of the VM or mandatory values. The entire the next decade. lifecycle and activity(activations, framework is context-based which Supporting mission-critical applications deactivations,changes),it will provide enables a faster, more accurate and details on what network changes were highly-intelligent approach to requires 24x365 always-on completed based on user,device,time, delivering both device-centric and infrastructure,and the Avaya Virtual type of access etc. Network operators network-wide management services. Services Platform 7000 delivers against can also customize the alerts that they this challenge. It is a highly strategic receive based on the device type, port Lifetime warranty product that is fit-for-purpose for groups or even server type. today's connectivity requirements and Avaya includes Industry-leading future-ready for the evolving and This comprehensive solution truly warranty services for the portfolio of emerging application-driven needs of brings the virtualized applications stackable switches, including the new tomorrow. together with the virtualized network Avaya Virtual Services Platform 7000. and helps ensure that the network is We provide complimentary next- The VSP 7000 brings unique able to constantly adapt to changes in business-day shipment of failed units differentiation to the ToR role:with a the computing environment.VM for the full life of the product;next- flexible, non-blocking architecture, mobility is then transparent to the business-day shipping to replace failed including wire-speed server access end user utilizing those applications. hardware worldwide.Avaya also offers connections and Fabric Interconnect complimentary basic technical support: ports. The VSP 7000 is purpose-built Management Level I the supported lifecycle of the to support today's dynamic Data Center product and up to Level 3 for the first operations and high-density, low- The Avaya Virtual Services Platform 90 days after purchase;this includes latency 10 Gigabit Ethernet Top-of- 7000 can be managed by a variety of support for the shipped software Rack deployments. It alleviates management tools,creating a flexible version,with an optional Software infrastructure complexity and reduces operational environment based on Release Service available to provide power consumption with a truly business requirements.These include: access to new feature releases.As per scalable and strategic architecture;it is standardized Command Line Interface industry norm for hardware, 'Lifetime'is designed to deliver a high-performance (CLI),Web-based Enterprise Device defined as the production lifecycle Distributed Top-of-Rack solution that Manager(EDM),SNMP-based phase,plus S years post- fully optimizes next-generation management(SNMPvl,v2&v3),and discontinuation. application virtualization investments. the evolving Unified Management framework for comprehensive, centralized,and multi-facetted network management. It is based on common services-authentication and access control,audit,etc-and then a number of integrated AJAX-based plug-in applets that deliver seamless task- specific capabilities all with a consistent 81 avaya.com Page 1237 .�212 9/11/2013 12:07 PM BidSync State of Utah Bid JP14001 AL700001F E6 Avaya Virtual Services Platform 7024XLS 24-port 1/10 Gigabit Ethernet SFP+Switch(Front-to-Back Cooling) AL70000113-E6 Avaya Virtual Services Platform 7024XLS 24-port 1/10 Gigabit Ethernet SFP+Switch(Back-to-Front Cooling) AL700OMSI-E6 7008XLS 8-port 1/14 Gigabit Ethernet SFP+ Media Dependent Adapter AL700OMT1-E6 7008XT 8-port 1OGBASE-T Media Dependent Adapter AL7000?OF-E6 Avaya Virtual Services Platform 7040 AC Power Supply(Front-to-Back Cooling) AL7000?OB-E6 Avaya Virtual Services Platform 7040 AC Power Supply(Back-to-Front Cooling) AL700OA1F E6 Avaya Virtual Services Platform 7000 DC Power Supply(Front-to-Back Cooling) AL7000A1B-E6 Avaya Virtual Services Platform 7000 DC Power Supply(Back-to-Front Cooling) AL700OFTB-E6 Spare Fan for Avaya Virtual Services Platform 7404(Front-to-Back Cooling) AL700OBTF E6 Spare Fan for Avaya Virtual Services Platform 7000(Back-to-Front Cooling) AL7018401-E6 Fabric Interconnect Cable(Copper)-0.6m AL7018002-E6 Fabric Interconnect Cable(Copper);-1.0m AL7018003 E6 Fabric Interconnect Cable(Copper) 3.Om AL7018004 E6 Fabric Interconnect Cable(Copper)- 5.Om AL7018005-E6 Fabric Interconnect Cable(Fiber)-10.0m(with fixed Tranceiver ends) AL7018006 E6 Fabric Interconnect Fiber Transceiver for use with 50m&100m Fabric Interconnect Cables(Fiber) 2 x Transceivers required per Cable AL7018007 E6 Fabric Interconnect Cable(Fiber) 50m-Requires 2 x Fabric Interconnect Fiber Transceivers (AL7018006-E6) AL7018008-E6 Fabric Interconnect Cable(Fiber) 100m-Requires 2 x Fabric Interconnect Fiber Transceivers (AL7018006-E6) AL7011001-E6 Avaya Virtual Services Platform 7000 4 Post Server Rack Mount Kit AL7016001 VSP 7000 Advanced Software License for 1 Switch,activating: Switch Clustering,OSPF,VRRP,&ECMP AL7016002 VSP 7000 Advanced Software Licenses for 2 Switches,activating: Switch Clustering,OSPF,VRRP,,&ECMP AL7016010' VSP 7000 Advanced Software Licenses for 10 Switches,activating:;Switch Clustering,OSPF,VRRP,&ECMP AL7017001 SP 7000 Premier Software License for 1 Switch,activating:Advanced features, plus Fabric Connect AL7017002 VSP 7000 Premier Software Licenses for 2 Switches,activating:Advanced features,plus Fabric Connect AL7017010 VSP 7000 Premier Software Licenses for 10'Switches,activating:Advanced features,plus Fabric Connect A single Software License can be applied to a standalone Switch,or to a complete system when multiple Switches are grouped as per Stack-mode Distributed ToR/Stackable Chassis. A No Power Cord option B Includes European"Schuko"Power Cord option,common in Austria,Belgium, Finland,France,Germany, Netherlands,Nor- way and Sweden C Includes Power Cord used in UK and Ireland D Includes Power Cord used in Japan' E Includes Power Cord used in North America F Includes Power Cord used in Australia, New Zealand and People's Republic of China Specifications General and Performance - Jumbo Frame support: up to 9,000 - IPv4 Routing: RIP, OSPF • Switch Fabric Architecture: Bytes (802.1Q Tagged) - IPv4 Routes: up to 4k 1,28OGbps Full-Duplex - Multi-Link Trunks: up to 32 Groups, - OSPF Areas: up to 4 • with 8 Links per Group - OSPF Adjacencies: up to 64 Frame forwarding rete: 96OMpps - VLANs: up to 1,024 Port/ - ECMP Paths: up to 4 • per Switch Typical Latency: -SOOnseo Protocol/802.1Q-based - VRRP Instances: up to 256 • Typical Jitter:12 -14Qsec - Multiple Spanning Tree Groups:8 - Avaya VENA Distributed Top-of- • Frame length: 64 -1518 Bytes MAC Address: up to 128k Rack, supporting: (Untagged), 64-1522 bytes (802.1Q ' DHCP Relay Entries: up to 256 - Stack-mode of up to 8 units Tagged) ARP Entries: up to 4k leveraging 5.12Tbps of virtual - IP Interfaces: up to 256 backplane capacity ava� 9/11/2013 12:07 PM BidSync age 3 4T12 Bid JP14001 f ` a IEEE 802.1Qau Congestion f' Notification* IEEE 802.1Qaz Enhanced Transmission Selection* IEEE 802.1Qbb Priority-based �> Flow Control* IEEE 802.3 Ethernet IEEE 802.3u Fast Ethernet IEEE 802.3x Flow Control it IEEE 802.3z Gigabit Ethernet IEEE 802.3ab Gigabit Ethernet over rw Copper RFC 768 UDP Lo 5' RFC 783 TFTP RFC 791/950 IP „I RFC 7921CMP - Fabric-mode of up to 200 units - 1OOOBASE-T up to 100m over - RFC 793 TCP leveraging 112Tbps of virtual CATSE or better UTP Cable (RJ-45) - RFC 826 ARP backplane capacity - 1OOOBASE-SX up to 55Om reach - RFC 854 Telnet • Avaya VENA Switch Clustering, on MMF (Duplex LC) - RFC 894 IP over Ethernet supporting: - 1OOOBASE-SX up to 55Om reach - RFC 951 BootP - Standalone, Stacked on MMF (Duplex MTRJ) - RFC 1085 RIPv1 - Triangle configuration, Square - 1000-BASE-LX up to 55Om reach - RFC 1112 IGMPv1 configuration on MMF, and up to 10 km on SMF - RFC 1157 SNMP - 31 MLT Links (Duplex LC) - RFC1213 MIB-II - 128 SLT Links - 1OOOBASE-XD CDWM up to 40 km - RFC 1215 SNMP Traps Definition - VRRP Backup Master reach on SMF (Duplex LC) - RFC 1271/2819 RMON - SLPP, SLPP Guard - 1OOOBASE-ZX CDWM up to 70 km - RFC 1350 TFTP • Avaya VENA Fabric Connect, reach on SMF (Duplex LC) - RFC 1361/1769 SMTP supporting - 1OOOBASE-EX up to 120 km reach - RFC 1493 Bridge MIB - Standalone mode, Stacked on SMF (Duplex LC) - RFC 1573/2863 Interface MIB mode* - 1OOOBASE-BX up to 10 and 40 km - RFC 1583/2328 OSPFv2 - L2 Virtual Service Networks, L2 reach variants on SMF (LC) - RFC 1643/2665 Ethernet MIB VSNs with Multicast*, IP Shortcut - RFC 1757 RMON IEEE and IETF Standards Routing* - RFC 1850 OSPF v2 MIB Compliance 32 Nodes - RFC 1905/3416 SNMP - 24 IS-IS Adjacencies - IEEE 802.11D Spanning Tree Protocol - RFC 1906/3417 SNMP Transport 500 Customer VLANs IEEE 802.1Q VLAN Tagging Mappings - 1k Service Identifiers IEEE 802.1p Prioritizing - RFC 1907/3418 SNMP MIB IEEE 802.1s Multiple Spanning Tree - RFC 1945 HTTP v1.O Pluggable Interfaces IEEE 802.1w Rapid Reconfiguration W RFC 1981 Path MTU Discovery for IPv6 • 1OGBASE-SR up to 300m reach of Spanning Tree - RFC 2011 SNMPv2 MIB for IP over MMF (Duplex LC) - IEEE 802.1AB Link Layer Discovery - RFC 2012 SNMPv2 MIB for TCP • 1OGBASE-LRM up to 220m over Protocol - RFC 2013 SNMPv2 MIB for UDP FDDI-grade MMF(Duplex LC) - IEEE 802.1AX/802.3ad Link - RFC 2131 DHCP • 1OGBASE-LR/LW up to 10km reach Aggregation Control Protocol - RFC 2138/2865/3576 RADIUS over SMF(Duplex LC) - IEEE 802.1ag Connectivity Fault - RFC 2236 IGMPv2 • 1OGBASE-ER/EW up to 40km Management, ITU-T Y.1731 - RFC 2362 PIM-SM* reach over SMF(Duplex LC) Performance Management* W RFC 2460 Internet Protocol Version 6 IEEE 802.1aq Shortest Path Bridging* W RFC 2461 Neighbor Discovery for IPv6 io I avaya.comPage 1239�pf121 12 9/11/2013 12:07 PM BidSync State of Utah Bid J P1 4001 • RFC 2462 Auto-Configuration for - Power Consumption (theoretical - Japan/Nippon:complies with VCCI Link Local Addresses maximum):40OW - Taiwan:complies with BSMI CNS • RFC 2474 DiffSery - Thermal Rating(typical):615-685 13428&14336, Class A • RFC 2475 DiffSery BTU/h - Korea: complies with MIC Class A • RFC 2674 Q-BRIDGE-MIB Environmental Specifications Redundant Power • RFC 2737 Entity MIBv2 • RFC 2819 RMON MIB - Operating temperature:0 - SO'C - 2 field-replaceable hot-swappable • RFC 2866 RADIUS Accounting - Storage temperature: -40 to 85°C AC or DC internal Power Supplies • RFC 3046 DHCP Relay Agent - Operating humidity:S -95% MTBF Values Information Option maximum relative humidity, non- • RFC 3376 IGMPv3 condensing - Avaya Virtual Services Platform • RFC 3410 SNMPv3 - Storage humidity:10 to 90% 7000 base unit: 241,000 hours • RFC 3411 SNMP Frameworks maximum relative humidity, non- Warranty • RFC 3412 SNMP Message condensing - Lifetime Next Business Day Processing - Operating altitude: 0 to 3,692 hardware replacement • RFC 3413 SNMPv3 Applications maximum - Lifetime Basic Technical Support • RFC 3414 SNMPv3 USM - Storage altitude:0 to 12,192 - 90-Day Advanced Technical • RFC 3415 SNMPv3 VACM maximum Support • RFC 3584 Coexistence of SNMPvI/ - Acoustic Noise: less than 45-SSdB - Optional Software Release Service v2/v3 at 35°C also available: GWS300ASG • RFC 3768VRRP RoHIS Compliance GW6300ASG • RFC 3917 IP Flow Information Export - Avaya Virtual Services Platform Country of Origin • RFC 3954 NetFlow Services Export v9 7000 products, switches and field- ' China (PRC) • RFC 3993 Subscriber-ID Sub-option replaceable components, are free of for DHCP* all six of the substances named in *Indicates roadmap feature that isforecast to be • RFC 4007 Scoped Address the European Union's directive on delivered in a future software release. Architecture the restriction of the use of • RFC 4022 TCP MIB hazardous substances in electrical • RFC 4113 UDP MIB and electronic equipment. • RFC 4293 IPv6 MIB Safety Agency Approvals • RFC 4432 SSH RSA - Global basis for certification: EN • RFC 4443 ICMPv6 60950 current edition with CB Weights and Dimensions national member deviations • Height: 4.37cm,IRU - Mexico: complies with NOM • Width:43.82cm Electromagnetic Emissions & • Depth: 60.Ocm Immunity • Weight:9kg for the base unit, and - Global basis for certification: CISPR 12.2kg with Power Supplies, Fan 22 Class A&CISPR 24, IEC 60950 Trays, and MDA installed with CB member national deviations Power Specifications - US:complies with FCC CFR47 Part IS • Input Voltage:100-240 VAC - Canada:complies with ICES Class A • Input Current - Europe:complies with EN 55022 - I.5-2.OA @ 100-120 VAC Class A; EN 55024; EN 300386 - 0.75-I.OA(a 200-240 VAC VI.3.3 Class A • Power Consumption (without - European Union & EFTA: complies MDA):180 W with EN 55022; EN 55024; EN • Power Consumption with MDA:200 W 61000-3-2; EN 61000-3-3 avaga.cyAj 2 9/11/2013 12:07 PM BidSync age 12 P y State of Utah Baum q@ <:m!w�Inc.«m,m All trademarks identified by«»or©,eregistered mr«w»er«and service marks,respectively,of Avae Inc. 01/13-LB52«-e game Page 1241 p 1I12 5� State of Utah Bid JP14001 h AVAYA 1 {__ 1 S W The Power of We" s� xsi Avaya Virtual Services Platform 9000 An agile, streamlined, next-generation Ethernet Switching solution that delivers high-performance, hig -e ei y, and high-availability formission-critical data centers and very large campus core networks. The progressive evolution of the data center tenant operators.The VSP 9000 rises to - has created a new networking environment, meet customer requirements for a future- no longer simply an extension of the proof, ultra-reliable network that easily enterprise campus;the data center has and cost-effectively facilitates services developed into an autonomous network with integration; it provides a less complex, specific requirements and challenges.The more agile virtual network infrastructure. Virtual Service Platform 9000 is the future- It simplifies the network and helps reduce ready and future-proof solution to deliver the cost of deploying new services;the the sought-after combination of VSP 9000 enables the building of a performance,reliability,and scalability. dynamic data center, helping to deliver 24x365 uninterrupted access to enterprise With mission-critical application demands applications and services. increasing networks are required to ensure uninterrupted business operations and a The VSP 9000 delivers industry-leading quality user experience. Most networks are performance and scalability,with now called upon to provide 24x365 access, immediate support for very high-density 1 helping to drive business agility,accelerate and 10 Gigabit Ethernet, in addition to time-to-service,respond to the needs of new being future-ready for the emerging 40 applications and increase efficiency-all and 100 Gigabit Ethernet standards.The while IT budgets are being pressurized to fully scalable architecture helps ensure that deliver more and more efficiency. network capacity seamlessly scales in line with performance requirements,without Individual business imperatives will complex or expensive re-engineering. continue to evolve and so too must the network;cost-effectively adapting - The VSP 9000 transforms the network and, . forklift upgrades cause excessive as a result,the business,providing an ultra- disruption.The need is for a platform that reliable foundation for services such as com- is flexible and versatile,easily munications-enabled Enterprise Resource accommodates both growth and change- Planning(ERP)and Customer Relationship a platform that delivers support for new Management(CRM)business processes,and applications ahead of the pack. Equally unified communications.It not only simpli- important,that platform must be space fies the core network architecture but also and energy efficient.The right offers enhanced flexibility and scalability to communications solution is critical to your enable faster time-to-service in both data success;the Avaya Virtual Services center and very large campus core deploy- Platform 9000 is that solution. ment scenarios. By enabling the virtualized compute infrastructure to be more mobile, The Virtual Services Platform 9000(VSP predictable,and available,the VSP 9000 9000) is a next-generation solution for fully delivers on the promise of centralizing mission-critical data centers and campus services,all without compromising the high core networks,designed for the needs of availability,performance,and security that's large enterprises,and other such as multi- required in an enterprise environment. BidSync '125 2 State mUtah Bid JP1400 Who has the VSP 9000 ~ Ahighly flexible p|atform, offering an control over functional development.|t upgradable switching engine and an delivers fast-path protection through its been developed for? adaptable architecture that scales up ability tosupport in-life firmware The AvayaYSP9OOOhas been to27terabits per second upgrades and provides 7OGbpsline rate specifically developed for organizations . |sfuture-ready for aseamless evolution switrhinQandroubnQraPabi|ibesregard- that are planning new hiQh|y-virtua|ized to4Oand 7OOGigabit Ethernet . data center deployments,and those that wishtodep|oyfuture-readyrampus ~ Supports as»Phisbrated suite for The YSP9OOOleverages the RSP to roreso|ubonsthatsupportseam|ess device and network«irt«a|izab»n deliver ta�erimp|ementabonsofnew, |Pv4. |Pv8.andend-to-endnehwork raPabi|ibes;delivering»ersab|e.end- performance-optimized functionalities, virtua|izationand service integration. t»-end. L2and L3services thus meeting the needs ofevolving The AvayaYSP9OOOisideally suited for ~ Helps tolower operating costs, by aPP|irabons—oftendirect|ydrivenbythe those organizations that: reducing management complexity evo|ubonofStandards—withoutAS|C and simplifying the architecture re-spins and major hardware changes. ~ Require scalable, high-density7OGbE today,and with continued growth will The YSP9OOOisone ofthe most robust need toposition for future 4O/7OOGbE products onthe market for the How the ~ Are suffering from performance demanding role»fhigh-end CoreSwitrh. VSP 9000 delivers and because itissorobust, itcan deliver |imitati»nsthatres«|t in P»»r moreupbmeand can empower more The YSP9OOO is designed to meet application responsiveness dependable application access. three critical network requirements,and ~ Demand best-in-class resiliency the YSP9OOOhas the power tomeet Need these requirements toda� and toalso ~ infrastructure operations in a highly Meeting �� scale as the business evolves and grows ~~ - an agility that delivers best-in-class virtua|izedenvironment The YSP9OOOisspecifically designed longevity and investment protection. ~ Are required todeliver virtual services tosupport new and emerging for multiple customers oruser groups requirements.Virtual application LANs inacloud computing environment enable applications hosted onvirtual It's the foundation for the future marhinestomove-ondemand - from The YSP9OOOsupports aninitial 24O ~ Seek tomaximize their investment in one location toanother inacompletely port of7OGEthernet inacompact 74RU ser«er«irt«a|izab»n seamless fashion,and application- chassis-allowing three chassis per rack- Desire a lossless-ready solution should specific deep-packet filters help to and isbased onaswitching architecture storage convergence become their ensure that only relevant traffic enters that isdesigned toscale upto27Tbps. preferred option the virtual application LAN,delivering Initial |Pv4forwarding rate is7.OSOMpps application security. per system.This architecture,combined The YSP9OOOisfor organizations that with alossless crossbar fabric,allows for need tostabilize |Tcosts and maximize The networking industry isaperpetual seamless evolution tothe emerging 4OG the cost-effective use oftheir work-inproQress.an'unfinished master- and 7OOGEthernet standards for future infrastructures. |tisfor companies that Piere'.and the number ofstandards and services integration,and the delivery of are virtua|izinQtoincrease the efficient recommendations now runs into the thou- Converged Enhanced Ethernet and flexible use ofservers and sands.Equipment that is based on a tradi- functionality insupport ofthe IEEE's data appliances, and want toreduce bona|ASIC architecture islimited inthat center bridging initiative.Leveraging the maintenance costs. |tisfor those who these are set atacertain point inthis his- fully programmable RSP provides the YSP are running out ofspace inthe data tory and cannot easily adapt tofuture 9OOOwith the flexibility toincorporate center and are experiencing exponential change.Typically this means that newer future standards and protocol increases inpower and cooling costs. |t features and functionality are supported developments without aforklift upgrade, isfor organizations that want to only inhardware and require additional thus helping toprovide optimal simplify,save,and equip their networks software processing.The switching arrhi performance and investment protection. for the future. tertureofthe YSP9OOOisuniquely based on Network Processing Units |t'scarrier'c|ass reliable (NPU)rather than the ASIC technology The AvayaYSP9OOO builds upon our The key b �� f~�� typically found in rival products.NPUsare solid foundation ofalways-on technology scalable computational arrays specifically of the ��u�� 9000 designed for network-related funrbons tode|ivermaximumavai|abi|ityand ~ Anu|trare|iab|ep|atform. he|pinQto surhaseffirientexaminabonandmanipu- ronbnuityofbusinessoperabonswith ensure uninterrupted business |abonofpacket headers,and include the �eroservireinterruPbon�TheYSP�OOO operations ability for deep packet insperbonand DPe'abnQSYstemisbasedonaranier manipulation.The Avayaspecialized high- class real-time Linux operating system- ^ Delivers very high-density land l0Gigabit performance NpUisknown asthe Route bringing t»the enterprise high-availability Ethernet today,meeting immediate Switch Processor(RSp)and being anin- technologies that have been field-proven performance and reliability needs house development,Avayahas direct bYahuge,global installed-base»fService Providers.Avaya Networking Solutions 2 | a\/�-�� n/11/o�1o1o:o7PM ^ omayno Page 1243p.f1�1 2 State mUtah Bid JP1400 have adeep heritage ofcarrier-grade are being developed and older ~ |nterYSNRouting provides the ability resiliency with our pioneering Switch applications are being retrofitted into tonatively routing between YSNs.and Clustering technology utilizing split multi- the new service-oriented architectures. ^ |PShortcut Routing enables direct L3con- link trunking and routed split multi-link Anoptimized network must support the nectivitybetween individual end-points trunking.The YSP9OOOtakes this tothe unprecedented agility ofthis virtua|ized next level with aset ofexplicit,hardware- compute environment. High availability isanother unique value assist features which enhance robustness, that Avaya brings tothe fabric scalability,predictability for control plane networking challenge; leveraging our and fast-path �� pathprotection� �eactionsto ~rtuaU~zat~on Capabilities tried and tested capabilities weareab|e failures occur inmilliseconds,optimizing The ySp9OOO.slossless architecture, toprovide comprehensive high network operations,and instantaneous along with its 27Tbpsswitching availability(HA)solutions atboth Layer all-port re-routing means dramatically capability and ultra-reliability, leverages 2 and Layer 3.The AxayaVENA Switch reduced packet loss.Innovative device and networkvirtua|izabon to Cluster capability empowers dual/ "in-servirecontrol plane integrity check" empower services integration, multi-path fabric access options,with and"rapid failure detection and recovery simplifying how enterprise data centers further optimization available with the ofdata path"provide system-level health and core networks are architected. Distributed vRoubnQfeature, and this check and self-healing capabilities. Hitless helps ensure that 1_3 gateway patching enables one software module to placement isfully flexible and delivers bepatched without the requirement to [)eviceVirtua|ization maximum efficiency. reload the complete system image, The AxayaYRF-Litecapability allows thereby minimizing maintenance down the use ofthe single hardware platform time.And redundant control processor tosupport multiple Layer 3routing Virtua|ization Provisioning Service and switch fabric modules help ensure the domains,each supporting unique Axaya'sYirtua|izabonProvisioning YSP9OOOhandles business critical customers oruser groups. Service(YPS) improves efficiency and information with utmost reliability. flexibility when managing highly |nconfiguring the switch tohave multiple dynamic virtual machine environments nnubnQ instances,more across data renter. |�'syourga�eway �osim�|ifiedand . connections are made possible and Enhanced orchestration and agile virtual networking services overlapping |Paddress spaces are management optimize the efficiency of This platform enables future services inte- supported.The system can beconfigured YMwarevCenterlive migrations, Qrabonthat can help consolidate and sim- toprovide interVRFforwarding facilitating more efficient real-time p|ifynetwork deployments.Avayahas capabilities toallow access tocommon maintenance,dramatically improving pioneered afaster,simpler way toprovide resources without incurring additional bme-to-servire. reducing errors, agile virtual network services.The YSP capital oroperational expenses. delivering effective disaster recovery, 9OOOadvances this innovation,offering and lowering total cost ofownership. layer 2and 3VPN services and"Virtual Combining YRF-Litewith other Service Networks'';leveraging an technologies provides aseamless enhanced imp|ementabonofthe IEEE's ronnerbvityenvironment for virtual users, Ca�abi|i�y »nee�ssi»n�|ici�y open and interoperable Shortest Path connecting from anywhere inthe The combination ofvirtua|ized Bridging and the AvayaYirtua|izabon enterprise network orbranch offices networking services,application Provisioning Service todeliver solutions without complex set-up orconfiguration. awareness,and orchestration that far surpass rival offerings. capabilities drive network simplification and can lower DPEX. For example The introduction ofvirtua|izabonhas Net»«orkVirtua|ization YMwarevMobonvirtual applications are fundamentally changed how compute, The AxaYaVENA Enterprise Fabric dynamically and seamlessly moved or network and storage resources are used capability isdesigned asanenhanced extended within and between data and managed. From fixed sets of and extended implementation ofthe centers;without the provisioning resources within physical constraints, Shortest Path Bridging (SPB)standard. complexity associated with rival we've now moved tovirtual machines |toffers the ability tocreate asimplified solutions.The Enterprise Fabric offers a that can becreated, moved,and network layer that dynamically robust, resilient alternative totoday's removed on demand,and whose virtua|izes individual elements tofully existing increasingly complex offerings resource parameters can bechanged and efficiently utilize network and and itdelivers Ethernet-based services dynamically.There isoften a computing resources,thus reducing the and solutions, all while maintaining requirement for virtual machines to be strain on networking resources and Ethernet's key value propositions of moved from one physical server to personnel.The Enterprise Fabric simplicity and rost-efferbveness. another over disparate geographies. provides number of'Virtual Service Network'types: Asmulti-core proressinQarrhitertures The VSP 9000 and virtua|izabontrends take hold, new L2YSNsoperate atLayer 2.extending possibi|ibeshave emerged inhow YLANsacross the Fabric cancanoffer" "�� you: applications can bewritten. Newer, . L3ySNsoperate atLayer 3. interron ~ Very high density 7OGigabit,and 7 more powerful distributed applications nerbnQand extending yRFs Gigabit, Ethernet aggregation a\/a��.��C�� |�� 9/11/201312:07PM omayno �"8��TZ�� State of Utah Bid JP14001 6 YVAYA Future-ready platform for 40/100 six power supplies with N+1 and grid Gigabit Ethernet feed redundancy,and the power n Highly robust hardware with no single requirements are automatically load- shared across all installed units.Two w point-of-failure A ■ additional redundant cooling fans = Hardened carrier-class operating system provide front-to-back cooling for the • Highly-available equipment-level switch fabric and auxiliary modules. device, combining with native support for Avaya's Switch Clustering There are up to six switch fabric modules architecture to deliver an always-on with N+1 redundancy.This is a - network-level solution distributed architecture in which the load is dynamically distributed and Built in diagnostics such as ingress/ shared,and in the event of a switch egress mirroring,1_3 remote mirroring, fabric failure any performance constraint packet capturing,filter logging � is gracefully managed.The auxiliary • Hitless software patching without reload module slots are reserved for future use. m of the complete system image • Instantaneous re-route across all How can your ports to minimize packet loss Efficient layer 2 and 3 network network fit? virtualization services providing The VSP 9000 is designed to maximize the supports for multiple customers and efficiency and potential of your network: user groups on the same platform Virtual Services Platform 9000 • A robust, resilient alternative to A future-proof platform (front&t rear views) today's existing,often complex and/or Very high density-240 port of IOG compromised,offerings Ethernet or 480 ports of 1G support • Highly efficient support for both IPv4 from Day 1 and IPv6 traffic Highly scalable lossless fabric • Future-ready support for storage architecture supporting future 40Gbps Real—world scenarios- convergence with an architecture and 1OOGbps interface connectivity, Avaya VENA optimized for Lossless Ethernet services integration,Converged Enhanced Ethernet and future enabling Enterprise i the expansion of the infrastructure to Avaya VENA Enterprise Fabric allows What'salign with the needs of your business an historic banking and finance The front of the VSP 9000 contains the ` Field-programmable RSP network organization to more quickly plan and I/O slots,dual Control Processor processor delivers flexible data implement upgrades and changes to modules and cooling fans;supporting forwarding and investment protection their advanced Cloud-based network ten I/O slots. Being a compact 14RU for layer 2-4 1OGbps line-rate that supports its many locations. means that one 7-foot rack can hold capabilities without requiring forklift three VSP 9000 chassis.Three module upgrades for future standards The adoption of technology-enhanced types are being offered initially: 24-port IPv4/IPv6 forwarding rate of up to learning initiatives have been facilitated IOGbE SFP+ (also capable of support one billion packets per second, per at a progressive university, and the 1GbE), 48-port 1GbE SFP and 48-port system, allowing for more efficient Enterprise Fabric has contributed to a 10/100/1000 data transfer 200-fold improvement in network fail- over and restorationtime, so that There are two Control Processor modules students and the faculty are not offering 1+1 redundancy,with the control Reliable impacted during planned or unplanned plane decoupled from the Switching Fabric, Unmatched resiliency powered by application transitions across its three leveraging a mid-plane architecture.Two Avaya unique Switch Clustering data centers. redundant cooling fans are provided for capability(using split multi-link side-to-side cooling for the 1/0 and Control trunking and Routed Split Multi-Link A large regional health care provider processor modules.The speed of the Trunking technology); High leverages the Enterprise Fabric to coaling fans is automatically adjusted Availability mode engages all links create a shared,virtualized network depending on system temperature and fan when forwarding traffic, resulting in that supports different user groups, status,with sensors located on each slot to industry-leading performance and projects,and applications for multiple test the temperature and manage the fan maximization of investment merged facilities; maintaining a speed accordingly. continuously;high level of availability = Instantaneous all-port re-routing results in the elimination of packet loss for critical care services. The rear of the chassis contains the power supplies, cooling fans,switch Redundant and hot swappable control 4 I fabric and auxiliary modules.There are processor and switch fabric modules, 911/2413'12:07 PM BidSync Page 1245 ipf121� 12 State of Utah Bid JP14001 plus redundant cooling fans and power • Hardware-assisted protection for Real-world scenario: supplies,for unparalleled reliability control plane integrity,constantly monitoring system health and Avaya Network Simple, flexible and dynamic protecting against loop-induced Processingi , system crashes • Helps ensure an uninterrupted virtual advantage application transition within and Dedicated "in-service control plane between data centers(dynamic integrity check"and"rapid failure Examples are numerous that detail application allocation of a V Mware detection and recovery of data path" how the performance of newer application) sub-systems provide real-time health features cannot be guaranteed by checking and self-healing capabilities manufacturers that utilize fixed ASIC • Multi-Terabit Switch Clustering optimizes virtual routing and Checksum logic tests to determine if technology,including one instance hardware,firmware or data corruption where a rival's top-selling product forwarding capacity for multiple p was only able to deliver IPv6 customers,enabling always-on and has occurred o forwarding performance at 50%of concurrent forwarding of Layer 2-3 Memory error-code detection and the levels claimed for IPv4.Yet,our traffic across all links correction unique network processing unit • Detailed packet statistics and (NPU) has been specifically counters for failure debugging designed to continue to;deliver;the Achieving maximumsame hardware-based performance uptime • The ability to remotely update flash levels without an upgrade- churn- images to hardware,We've leveraged this Ensuring uninterrupted business operations advantage to deliver emerging • Dual flash images to assist when g g g requires a reliable and resilient platform with restoringfunctionality such as our next- no single point-of-failure,and the VSP 9000 generation device and network can deliver this.From the very outset,the Card-based Flash Memory for log virtualization capabilities. VSP 9000 was designed and developed on capture and retrieval the basis of leading-edge hardware resilien- . Common alarms and logging cy.It provides 1+1 control plane redundancy, gg g with separate management path between LED indication on cards to indicate password encryption,and full audit the control plane and I/O,5+1 switch fabric activity and system health logging.When situational awareness is redundancy,5+1 power supply or grid-feed Process separation key, stay informed whether you're on redundancy,and system cooling fan redun- the other side of the campus or the dancy.In-service control plane integrity This future-proof platform features other side of the planet. check,rapid detection and recovery of data unique,field-proven technologies, path and hardware assist are designed to including Switch Clustering,an online protect the control plane against denial-of- packet capture functionality for all Why choose Avaya service attacks and system overload,and ports, and `ERSPAN';an enhanced Avaya has the ability to work within multi- are just some of the mechanisms in place to traffic mirroring capability that vendor environments but can also serve ensure system availability. supports the encapsulation of ACL- as your sole provider for efficient defined, Port-or Flow-based sessions networking across all layers of the data However, uptime maximization also so that they can be forwarded requires software that allows for easy center and campus,core to edge.Avaya is seamlessly across the IP network. delivering carrier-grade reliability to the and efficient management of your enterprise network. network. The VSP 9000 utilizes a The new`VSP Talk'feature provides carrier-grade Linux operating system, critical system health and event The VSP 9000 uses unique and and combines this with a complete set monitoring for the VSP 9000, delivered innovation technologies to achieve both of reporting capabilities and operation- in real-time directly to a smartphone or blazing performance and rock-solid focused features to help ensure this is desktop Instant Messaging client.VSP resiliency,and delivers these in a fully achieved with streamlined efficiency. Talk provides unsolicited, real-time interoperable solution to enable updates and also facilitates on-demand network-and system-level self-healing Reporting features include: `show'functionality. Leveraging XMPP, for uninterrupted business operations. • A"flight recorder"style logging VSP Talk is introduced with initial The powerful network virtualization capability to help with continuous support for Google Talk,Avaya Aura, technologies used in the VSP 9000 are real-time monitoring of internal and other standards-based platforms. specifically designed to support the control message flows Ideal for monitoring systems in needs of an evolving virtualized real-time and particularly post- compute environment. • Key Health Indicators to provide system maintenance,VSP Talk supports an operators an view of system health on abbreviated, IM-style command syntax With a highly-scalable switching all levels:OS,system applications/ to accelerate interactive administration. protocols I/O modules,ports and the architecture,the VSP 9000 provides an VSP Talk is completely secure,featuring efficient platform for flexible scaling forwarding path process isolation,transport and and growth to meet future network and 9/11/2013 12:07 PM BidSync '129 2 State mUtah Bid JP1400 application requirements by quickly Uptime is essential mission-criticalapp|i- and businesses evolve.Virtua|izaUon is adapting tobusiness needs,without the cations must bedelivered 24x36G.without key enabling capability,and Avayais need for aforklift upgrade inthe interruption and the ultra-resilient VSP leading the way with our innovative availability-sensitive network core. 8000delivers against this challenge. |t VENA features;creating the perfect Avayaoffers rore-to-edQenetwork empowers the services needed today and storm ofcapability and simplicity. solutions that ensure design efficiency positions networks for the emerging needs and lower operational burden. oftomorrow,and itdoes sowith afounda- The AxayaVSP8000is the platform for tion that can begenuinely trusted. today and isfuture-ready for tomorrow, delivering dependable networking infra- The bottom line Features such asits hardware-based con- structure forsuccessfu|business evolution. tro|plane prcdecUon.hardvvare-assisted TheVSP8000i�purpoae-bui|��o�up- Switch Cluster failure and detecUon.and por�dynamicda�acen�erandhigh-den�i- the canie�gradeoperaUngsystemmake Learn ��r�� y70Gigabi�Ethernet network core ~~ More deployments. |tcan alleviate infrastmthe c- To learn more about the AvayaVirtual turecomplexity and reduce power con- high-end core switches onthe market. Service Platform 9OOO.contact your The sumpUonvvithatm|yscalable anchitec- AxayaAccount Manager,Axaya he|pmeetemergingapp|icabonnequire- ture; itisdesignedtobethehigh-perfo� Authorized Partner or visit us at: reduce mance platform for the coming decade. ments, wvwvwuavaya.momm. protect investments as both technology is General & Performance Switch architecture:27TIeps gross capacity RIP Instances:up to 64 Hardware-assisted Ingress&Egress Port& 9090SF Switch Fabric capacity:up to RIP Routes:up to 10k VLAN ACLs 8.4Tbps OSPF Instances:up to 64 Enterprise Device Manager GUI,on-box& 9090SF per 1/0 Slot Packet Switching OSPF Areas:up to 80 off-box capacity:480GIeps Aggregate Bi-Directional OSPF Adjacencies:up to 512 Configuration&Orchestration Manager Initial Frame forwarding rate:up to 1,050Mpps OSPF Routes:up to 64k Virtualization Performance&Fault Manager Frame length:64 to 1518 Bytes(802.IQ BGP Peers:up to 256 Virtualization Provisioning Service Untagged),64 to 1522 bytes(802.IQ Tagged) BGP Routes:up to 1,500k System and Filter Logging Jumbo Frame support: up to 9.6 KBytes BGP 4-Octet AS support On-box Packet Capture Multi-Link/Split Multi-Link Trunks/LAG:up to VRF instances(IPv4):up to 512 Mirroring:1:1/1:M/M:1/M:M 512 Groups,with 16 Links per Group L2 VSNs,with HA options Layer 2&3 Remote Mirroring(alka ERSPAN) VRRP Backup Master L3 VSNS,with HA options IPFIX Flows:up to 960k VLANs:up to 4,084 Inter-VSN Routing,with HA options Key Health Indicators RSMLT Core&Edge:4000 VLANs&512 IP Shortcut Routing,with HA options Flight Recorder SMLT links lPv6 Interfaces:4k Hardware-assisted Control Plane Protection Multiple Spanning Tree Instances:up to 64 lPv6 Routes:up to 128k Hardware-assisted Rapid Failure Detection& MAC Address:up to 128k lPv6 Static Routes:up to 10k Recovery(sub-20msec) IP Interfaces:4,343 lPv6 Configured Tunnels: up to 2k High Availability mode Dynamic ARID Entries:up to 64k PIM Active Interfaces:up to 512 Lossless Ethernet mode VRRP Interfaces:up to 512 IP Multicast Streams:up to 6k(with SMLT) Microsoft NLB(Unicast- Multicast- IP Forwarding Table:500k IGMP v1/v2/v3 interfaces:4k IGMP-modes) IP static Routes:up to 10k Policy-based Routing Circuitless IP Instances:up to 256 Flow-based Policers:up to 16k ECMP Routes:up to 64k System 9012 12-Slot Chassis with 10 Interface 9090SF 1.4Tbps Switch Fabric Module,up to Module Slots six per Chassis delivering up to 8.4Tbps 9080CP Control Processor Module 9006AC 2kW Power Supply Interface Modules 9024XL 24-port 10G Ethernet SFP+ Interface 9048GT 48-port 1000BASE-T Ethernet Module Interface Module 9048GB 48-port IG Ethernet SFP Interface Module IEEE& IETF Standards Compatibility IEEE EEE 802.lQbb Priority-based Flow Control IEEE 802.3ab 1000BASE-LX Ethernet IEEE 802.1D MAC bridges(Spanning Tree �EEE 802.3 10BASE-T Ethernet IEEE 802.3ab 1000BASE-SX Ethernet Protocol) IEEE 802.3 CSMA/CD Ethernet(ISO/IEC 8802-3) IEEE 802.3ab 1000BASE-T Ethernet IEEE 802.1Q VLAN Tagging IEEE 802.3i 10BASE-T Auto-Negotiation IEEE 802.3ab 1000BASE-XD Ethernet IEEE 802.IX Ethernet Authentication Protocol IEEE 802.3u 100BASE-FX IEEE 802.3ab 1000BASE-ZX Ethernet IEEE 802.1AX Link Aggregation Control IEEE 802.3u 100BASE-TX Fast Ethernet(ISO/ IEEE 802.3ae 10GBASE-X Protocol(LACP) IEC 8802-3,Clause 25) And hardware-ready for emerging technology IEEE 802.1p Priority Queues IEEE 802.3u Auto-Ne g otiation on Twisted Pair such as: IEEE 802.1s Multiple Spanning Tree Protocol (ISO/IEC 8802-3,Cla u se 28) (MSTP) IEEE 802.3x Flow Control on the Gigabit IEEE 802.1AXby Link Aggregation: Distributed IEEE 802.1v VLAN Classification by Protocol Uplink port Resilient Network Interconnect and Port IEEE 802.3z Gigabit Ethernet IEEE 802.1Qbg Edge Virtual Bridging IEEE 802.1w Rapid Spanning Tree Protocol(RSTP) IEEE 802.3ab 1000BASE-BX Ethernet IEEE 802.lQbp Equal Cost Multiple Paths 802.1ag Connectivity Fault Management IEEE 802.3ab 1000BASE-CWDM Ethernet for SPBM 802.1aq Shortest Path Bridging(MAC-in-MAC) 6 | a\/ayacom State of Utah Bid JP14001 IEEE'& IETF Standards Compatibility(cont.) IETF • RFC 1541 Dynamic Host Configuration Protocol1 • RFC 2362 PIM-SM • RFC 768 UDP Protocol • RFC 1542 Clarifications and Extensions for the • RFC 2385 BGP-4 MD5 authentication • RFC 783 TFTP Protocol Bootstrap Protocol • RFC 2439 BGP-4 Route Flap Dampening • RFC 791 IP Protocol • RFC 1583 OSPFv2 RFC 1587 The OSPF NSSA • RFC 2453 RIPv2 Protocol • RFC 792 ICMP Protocol Option • RFC 2740 OSPF for IPv6 • RFC 793 TCP Protocol • RFC 1591 DNS Client • RFC 2796 BGP Route Reflection-An • RFC 826 ARP Protocol • RFC 1723 RIP v2-Carrying Additional Alternative to Full Mesh IBGP • RFC 854 Telnet Protocol Information • RFC 2819 Remote Monitoring(RMON) • RFC 894 A standard for the Transmission of RFC 1745 BGP/OSPF Interaction • RFC 2874 DNS Extensions for IPv6 IP Datagrams over Ethernet Networks RFC 1771/RFC 1772 BGP-4 • RFC 2918 Route Refresh Capability for BGP-4 • RFC 896 Congestion control in IP/TCP RFC 1812 Router Requirements • RFC 2992 Analysis of an Equal-Cost Multi- internetworks • RFC 1866 HTMLv2 Protocol Path Algorithm • RFC 903 Reverse ARP Protocol • RFC 1965 BGP-4 Confederations • RFC 3046 DHCP Relay Agent Information • RFC 906 Bootstrap loading using TFTP RFC 1966 BGP-4 Route Reflectors Option 82 • RFC 950 Internet Standard Sub-Netting RFC 1981 Path MTU Discovery for IPv6 • RFC 3065 Autonomous System Procedure • RFC 1997 BGP-4 Community Attributes Confederations for BGP • RFC 951/RFC 2131 BootP/DHCP • RFC 1998 An Application of the BGP • RFC 3162 RADIUS and IPv6 • RFC 1027 Using ARP to implement Community Attribute in Multi-home Routing • RFC 3315 DHCP for IPv6 transparent subset gateways/Nortel Subnet RFC 2068 Hypertext Transfer Protocol • RFC 3376 IGMPv3 based VLAN • RFC 2131 Dynamic Host Control Protocol • RFC 3569 An overview of Source-Specific • RFC 1058 RIPv1 Protocol (DHCP) Multicast(SSM) • RFC 1112 IGMPv1 • RFC 2138 RADIUS Authentication • RFC 3513 Internet Protocol Version 6(IPv6) • RFC 1122 Requirements for Internet Hosts RFC 2139 RADIUS Accounting Addressing Architecture • RFC 1256 ICMP Router Discovery • RFC 2178 OSPF MD5 cryptographic • RFC 3587 IPv6 Global Unicast Address Format • RFC 1305 Network Time Protocol v3 authentication/OSPFv2 • RFC 3768 Virtual Router Redundancy Protocol Specification, Implementation and Analysis RFC 2236 IGMPv2 for snooping • RFC 4213 Basic Transition Mechanisms for IPv6 • RFC 1340 Assigned Numbers • RFC 2270 BGP-4 Dedicated AS for sites/ • RFC 4893 BGP Support for 4-Octet AS Number • RFC 1340 Assigned Numbers single provide Space • RFC 1519 Classless Inter-Domain Routing RFC 2328 OSPFv2 • RFC 6329 IS-IS Extensions supporting Shortest (CIDR):an Address Assignment and Path Bridging Aggregation Strategy Gas • RFC 2474/RFC 2475 Diff5ery Support RFC 2597 Assured Forwarding PHB Group • RFC 2598 Expedited Forwarding PHB • RFC 2475 An Architecture for Differentiated Service Network Management • RFC 1930 Guidelines for creation,selection,and • RFC 2616 Hypertext Transfer Protocol 1.1 • RFC 959 File Transfer Protocol registration of an Autonomous System(AS) • RFC 4250 Secure Shell(SSH)Protocol • RFC 1155 SMI • RFC 2428 FTP Extensions for IPv6 Assigned Numbers • RFC 1157 SNMP • RFC 2541 Secure Shell Protocol Architecture RFC 4251 Secure Shell(SSH)Protocol Architecture • RFC 1215 Convention for defining traps for use RFC 2571 An Architecture for Describing • RFC 4252 Secure Shell(SSH)Authentication with the SNMP SNMP Management Frameworks Protocol • RFC 1269 Definitions of Managed Objects for RFC 2572 Message Processing and • RFC 4253 Secure Shell (SSH)Transport Layer the Border Gateway Protocol:v3 Dispatching for the Simple Network Protocol • RFC 1271 Remote Network Monitoring Management Protocol(SNMP) • RFC 4254 Secure Shell (SSH)Connection Management Information Base • RFC 2573 SNMP Applications Protocol • RFC 1258 BSD Rlogin • RFC 2574 User-based Security Model (USM) • RFC 4255 DNS to Securely Publish SSH Key • RFC 1305(NTP client/unicast mode only) for v3 of the Simple Network Management Fingerprints • RFC 1350 The TFTP Protocol(Revision 2) Protocol (SNMPv3) • RFC 4256 Generic Message Exchange • RFC 1354 IP Forwarding Table MIB • RFC 2575 View-based Access Control Model Authentication for SSH • RFC 1389 RIP v2 MIB Extensions (VACM)for the Simple Network Management • RFC 1757/RFC 2819 RMON Protocol (SNMP) • RFC 1907 SNMPv2 • RFC 2576 Coexistence between v1,v2,&v3 of • RFC 1908 Coexistence between v1&v2 of the Internet standard Network Management the Internet-standard Network Management Framework Framework MICBs • RFC 1573 Interface MIB • RFC 2863 Interface Group MIB • RFC 1156 MIB for network management of RFC 1650 Definitions of Managed Objects for • RFC 2925 Remote Ping,Traceroute&Lookup TCP/IP the Ethernet-like Interface Types Operations MIB • RFC 1212 Concise MIB definitions • RFC 1657 BGP-4 MIB using SMIv2 • RFC 2932 IPv4 Multicast Routing MIB • RFC 1213 TCP/IP Management Information RFC 1850 OSPF MIB • RFC 2933 ICMP MIB Base • RFC 2021 RMON MIB using SMIv2 • RFC 2934 PIM MIB • RFC 1213 MIB II • RFC 2096 IP Forwarding Table MIB • RFC 3416 v2 of the Protocol Operations for • RFC 1354 IP Forwarding Table MIB • RFC 2452 IPv6 MIB:TCP MIB the Simple Network Management Protocol • RFC 1389 RIP v2 MIB Extension • RFC 2454 Pv6 MIB: UDP MIB (SNMP) • RFC 1389/RFC 1724 RIPv2 MIB extensions RFC 2466 IPv6 MIB: ICMPv6 Group • RFC 4022 Management Information Base for • RFC 1398 Ethernet MIB • RFC 2578 Structure of Management the Transmission Control Protocol(TCP) • RFC 1442 Structure of Management Information v2(SMIv2) • RFC 4113 Management Information Base for Information for version 2 of the Simple RFC 2674 Bridges with Traffic MIB the User Datagram Protocol(UDP) Network Management Protocol(SNMPv2) RFC 2787 Definitions of Managed Objects for • RFC 1450 Management Information Base the Virtual Router Redundancy Protocol for v2 of the Simple Network Management Protocol(SNMPv2) avaFygjecqg6 9/11/2013 12:07 PM BidSync '129 12 State of Utah Bid JP14001 IEEE'& IETF Standards Compatibility(cont.) Weights&Dimensions • Height:61.91em(24.375in.)or 14RU Weight(empty):73kg(1601b) • Width:44.45cm (17.5in.) Weight(fully loaded):131kg(2881b) • Depth:82.55em(32.5in.) Cooling system • Two side-to-side fan trays Two front-to-back fan trays Safety agency approvals • UL/CSA-60950-1 IEC60950-1 CB scheme with all country • EN60950-1 differences Environmental specifications • Operating temperature:0°C to 40°C Storage humidity:0%to 90%relative Storage altitude:3024 m(10,000 ft)maximum (32°F to 104°F) humidity,non-condensing Free fall/drop: ISO 4180-s, NSTA 1A • Storage temperature:-25°C to 70°C Shock/bump: IEC 68-2-27-29 Vibration: IEC 68-2-6/34 (-13°F to 158°F) Operating altitude:3024m(10,000ft)maximum • Operating humidity:10%to 90%relative humidity, non-condensing Electromagnetic emissions summary • FCC Part 15(CFR 47)(USA)Class A AS/NZS CISPR22(Australia and New Zealand) EN55024 • ICES-003(Canada)Class A Class A EN61000-3-2 • EN55022(Europe)Class A VCCI (Japan)Class A EN61000-3-3 • CI5PR22(International)Class A CISPR24 EN300 38 Country of Origin Malaysia Component Part Code Description Chassis EC1402001-E6 9012 12-Slot Chassis-complete with Front and Rear Fan Trays, Rack Mount Kit,and Cable Guide Kit System Modules EC1404007-E6 9080CP Control Processor Module EC1404006-E6 9090SF Switch Fabric Module Power Supplies EC1405A01-E6 9006AC 100-240 VAC Power Supply-country-specific Power Cords sold separately Interface Modules EC1404001-E6 9024XL 24-port 10G Ethernet SFP+ Interface Module-5FP+Transceivers sold separately EC1404002-E6 9048GB 48-port 1G Ethernet 5FP Interface Module-5FP Transceivers sold separately EC1404003-E6 9048GT 48-port 10/100/1000 RJ-45 Ethernet Interface Module Software EC1410003-3.3 Virtual Services Platform 9000 Base Software Kit for 1 Chassis-mandatory for every Chassis EC1410010 Virtual Services Platform 9000 Advanced License Kit for 1 Chassis-enabled features: BGP4 Limited (16 Peers,64k Routes), IPv6 Routing, Layer 3 Remote Mirroring, Packet Capture(PCAP) EC1410015 Virtual Services Platform 9000 Premier License Kit for 1 Chassis-enabled features:Advanced License Features, BGP4 Unlimited(256 Peers,500k Routes),CEE,VRF-Lite, Enterprise Fabric (Enhanced SPB) (Principle components only,and does not include ancillary components such as Transceivers,etc) u � ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 06/12•DN4535-06 BidSync Page 1249 p'121j212 State of Utah Bid JP14001 AVAYA The Power of We" Avaya Wireless LAN 8100 Sermies The Avaya WILAN1 Series combines the latest 802.11n fireless standard i truly integratewireless/ wired architecture for a stellar result - an advanced solution that delivers wired performanceo wireless users at a lower total cost of ownership. Optimized Support for anytime, anywhere access for the full Real Time Applications breadth of enterprise applications. The series includes three primary With the explosion of mobile devices components: WLAN Access Points, such as smart-phones and tablets within WLAN Controllers and the WLAN the enterprise, it is imperative that Management Software. WLAN networks can handle this rapid growth.At the same time, networks must meet the stringent requirements WLAN Access Points provide wireless that real time applications, such as video access to mobile devices and perform and voice, place on the Wi-Fi encryption/decryption for wireless traffic, infrastructure.Avaya has designed the priority queuing and radio frequency(RF) WLAN 8100 Series from the ground up monitoring, including rogue access point identification and containment. to provide optimized support for real time applications and to provide Features include: One to three 802.11a/b/g/n radios Two spatial streams over integrated MIMO Antennas (2.4 GHz and 5 GHz) t Integrated and external antenna options �� t��,� � i� � Simultaneous dual band operation (2.4 GHz and 5 GHz) Adaptive frame aggregation One GigE uplink port Full performance with current 802.3af Power over Ethernet standard Indoor and outdoor AP options 12:07 PM BidSync, e '12� 12 ( 1 2 Ir ( 3 ftt t kt St ) !.r if f'( i 1 Aja rrri t i �i i State of Utah Bid JP14001 � � s �{ +' 't £t1" pry s : ((5r rysy }is � �, ytr rtsl WLAN Controllers control the access The WLAN Management Software is points and perform key centralized a comprehensive design and � >`'i�r i'�yl r4'rtP1 rr i °._/tkr°till'}�jyy lel/1r1� tlr' (£1 t/� functions such as security, networking, management tool that provides �i/1 r£rr ' R ' Jr1 g ttij It i10 rrr quality of service CQo5?� and roaming granular monitoring and reporting for try ir1/i Sl pr ry't ly /t{ � t lirr ii ytlr yrt� for mobile users. Controllers Can be Complete visibility and Control over p y y g deployed ed as either standalone the entire system. It integrates with r y� rr "` lrlr wireless Controllers or integrated Into AvaY a Unified Communications SrS } 1t }� {j p(irl r lrl+r} i £t ,r N1, the Avay a wired portfolio with the Management. Control Capability running as a virtual machine on a server. By offering centralized management and eliminating the need to support 1 Misr ihf��' trr � f r y r f+t frr it r rl � it r ' i s. l I Features include: multiple overly networks—including p y g t r i rqJ Il r � sir p LAN, WLAN,VPN,voice and network Support for up to 512 access points management—the WLAN 8100 Series Scalable architecture with separate can lead to significant operational data and Control planes, each of Cost savings. The series simplifies which can scale independently surveying, configuring, deployment, rl er syr Expansion module for further scalability monitoring and reporting functions, and also Includes self-diagnosing and Ability to move data plane and/or xJpl 'I � �'r hr s y/ y11 4 si( a: �y .lysty0 r y' J'rJ i rpt } y/ y Ir nrrsy/ first` Self-healing capabilities to Support Control plane to Core/edge switches mainstream WLAN applications as efficiently as possible. s rp i ryr,rr;rl -1rr r1 { P})r li til yIr 1 }1 t 111 aft r s (ti ci f yr ir4 rn ilry�ryi f fyr " r f' r 'r £�{it 1 wri f� i t r � rlr t rr r11�rC�,�� Jf�Jfr r r_y i t t t}Is S'sttr i l2rl rrryl7�� key r }r'},r ri/t4 yrrl t+t r! S yit l}s t'f y !J - �� s �r t>r-1£�tr irJ rr r)r y 1 �{�lil tr - r r}1 yfI/( , 4 i7 £. r ( r pry rtr S r1y r ty 20io+^ 0411 r ts'Jtl 1 r � r)r' lr � sr / r $tit ryry 11�� rt} _ f y cl pr£ r f{ +,' yr r r y r 1 5 /r > F ► 'e1 y Il'i � � �� , ,� A I 4r 1 1 is 1` y 131yr /i s�trl rtr r it r t �l yr ti r r r r t, Standalone2005* yr rrlr 1. v zl Y � IrS't )i a 1�l rlrr � y �� rrri 1 t y J ti rrr s fir')t y y it 71 2 r}ytji y l r rr r20,00T!r} �z �il `ff)Irll� ls � yy� t1 }, 1 if 1 6�Rt rj/ itl`t sll rr lrJ lrly lrr - £ si,U t'1 �p�+c JlfliRls��£�r: +� [.. 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Bandwidth- stackable Ethernet Routing Switches. heavy applications such as video add an Advanced Network to this congestion. Because everything Key benefits of the Avaya VENA For wireless to truly become an end on the network is forced through the Unified Access architecture include: user's primary means of network access, same gate, the wireless controller it must be able to support the same appli- becomes an unavoidable bottleneck Optimized performance allowing cations that run over a wired LAN infra- and degrades performance. wireless data to take the most efficient structure.The WLAN 8100 provides opti- path through the LAN switches mized support for every aspect of an Avaya next generation WLAN directly from source to destination, enterprise network including voice,uni- architecture clecouples wireless control helping reduce latency and jitter to fied communications,video,emergency (management)traffic from wireless create a better user experience for real location services(E-911 in U.S.),location data(application)traffic,enabling time traffic,such as voice tracking,guest management and increased resilience and performance, Improved network resilience and advanced security,all with un-prece- without sacrificing the ability to quickly flexibility through virtualization of dented reliability and resilience. increase network capacity. the wireless control function Traditional Centralized Model Avaya Unified Access Solution F� OEM Data Traffic X, Control Traffic '70-- Servers Wireless Controllers Servers Virtualized Wireless Controller ava�4ec�g-� � 1�12 9/11/2013 12:07 PMBidSync .�2 State of Utah Bid JP14001 Advanced Call Admission Control (CAQ algorithms to help ensure ,r An increasing number of enterprises 1 excellent voice quality are relying on video to facilitate ,+a�,r ,�'Th�'��u�y�`'✓L'�iA�Wftifl��lr �„t �£�,� �, Instead of simply countingcalls like communication and reduce travel p Y expenses. While video already most competitive solutions, the Avaya ti r f 1 r1 iii p t1 0j r arr�.s yi I �1 �tlls i "r represents a major driver of bandwidth Dynamic CAC solution takes into is 1111rirl r �rU �t consumption, this is expected to grow account bandwidth usage and q; � more rapidly in the next five years, changes in the RF environment. This , C!^ 1 tM1@il }f 'r5jllf �I «), lacin increasin demands on the allows more calls to be admitted while �`•;1 yr �t£��r ii� � ((1 i i � 11 �- r4r Gl£4 1�l IPS pg g network In the process. pY252YVing optimum call quality. Three key parameters allow Avaya CAC to The WLAN 8100 Series Unified Access preserve optimum quality: 't A£rriti 41�r as 3 }fi IfSaNs a �{ 'ti i,�51)r 1t7ri�� tf Iw architecture efficiently routes high bandwidth video traffic and can quickly Media Measurement gives a holistic "�� understanding of resource 1 t� scale t0 meet the increased demand g without additional hardware investment. consumption for all sessions in progress, Including RF bandwidth consumption, inter-Terence and other factors. The product of these 111n SSI��( a � ii ii a �£ �) r rt t 1St rf,, measurements constitutes a 1N11 ?� �' l �11�11r1£18£ 'rt4ir �i i I'nt ' �l The WLAN 8100 delivers high-quality "utilization factor"that helps estimate Voice and converged 52YVIce5 to �/If^�''��'S�” �,I , traffic and call flow. Iti tr\ z � { s 1 r7ir > t ars al ISIS t�, re��I �/1�4 ,r rrr achieve measurable user productivity r1Q� �`trr } t i�ti Irt£I � da rflJ 11;~17-1J} tt�t, t 11� P{it 1;� Improvement. By offering a single New-Flow Estimation lets new calls Ir ryu cs40p!'MAYO, "T, � ��a��}r tt �tl tr,t C� turnkey end-to-end mobility solution send mobile signals to the AP that rl al£ ,� 1r t1 ICQ�/i 11rhn (the Avaya Mobile Collaboration solution), that includes networking specifies the traffic attributes and Qo5 requirements for a session. The New- and LIC Infrastructure, enterprise Flow Estimator combines the resource applications and services,Avaya can requirements for the call with truly unify enterprise communications. available resources In the network to M{ estimate the total new Y250UYce Usage. The Avaya VoWLAN solution includes: Industry leading voice and video call Admission Decision decides whether y g Q, density per access point or not to admit the new call based on 11j� a i sl itl V5 the New-Flow Estimation. If enough VIEW certification with Avaya lull rr13pr� ll ; Icrn � a� r{�fi ,r `} 1lr i�1419tti �I ) rt,l WIYel255 Handsets for proven WI-FI Y250UYce5 are not available,Admission interoperability and maximum Decision can borrow bandwidth from t( lif4 rSltS £ ul i iliit ri�l ri4 �r laaS t�a� j t� £iii ai {1� , other applications, enabling powerful , t � ilri4i�r r If a i s rr'Ir 11_Irl t r rr s, performance resource sharing possibilities. �£v 1 iiiisr y} rl �i'ail �I i iSl 1 r la ( it r{1ti�� 54: l{ i VoWLAN clients offering full interopera- ;11��1t bl l lty with Avaya I P PBX systems �� 1 sl 114 i}�+i }� 1} Silt;` { lur ilk t`}{tatty t la Voice calling Y from PCs with Avaya t ii ) t tr11}r 12.r ri�r tit i itstl �l Fs r rt! iir7lys�� r�r ii rltt 1 (iili} i r� 'irr7ti; one -X�Soft hone �r 11 i rii sri ti it rR t .£ar}l ) S1ti i�r� l s p i Sltl fit res ti ii fa }tl \} t41 S� { S 4r r) � (t ri iii ; i L rtt�tt i tilt �� nl Ir�r i It fit ri tttiiit yiti1714t)l;hl�t,� £� 11'1?' 1 (il+r ttt��iiilt{1'iSi {iarys rtrrlip', 'Avaya Vi rtual Enterprise Network Arch itectu re(VE NA)i s an enterprise-wi de vi rtual ization framework that si m ol ifies t ? 1 the network,streamlines the deployment of cloud-based services and improves the delivery � 5if1z12 BldSynC � la ar Y£r£\ir in rt,;i stJ ;47�atrti;S;7�atrtiS;��atrti;S;��atrtiS;��atrti;S;��atrti S;��a`trS ti;t A"': State of Utah Bid J P1 4001 Emergency ERLs are mapped to APs,thus covering helpdesk. The Avaya IDEngine Guest Location Services the entire wireless network area. Manager generates a unique user ID Because they are rarely moved,mapping and password for each visitor, While mobile communications offer devices to access points is an efficient providing secure, convenient network many advantages,an emergency offers and reliable way to establish their connectivity for guests and a unique challenge. E-911 tracking location and is resistant to disruption by temporary users. User IDs come with systems can be ineffective for WLAN future technological changes. specific security profiles that enable handsets since a user with a Wi-Fi access only for specific resources and mobile handset can call from anywhere. a limited amount of time. Guest provisioning can be generated Traditionally, call locations were Guest Access and automatically, or customized by front mapped to an originating static line. Management desk or IT personnel. Once a user has Since the advent of mobile phones Enterprise networks must be open been provisioned, they have seamless and IP telephony, 911 emergency enough to allow easy access for guests controlled access through either response systems have had to adapt and temporary users,but secure wired and/or wireless infrastructures. to an environment where calls can be enough to prevent these same users placed from almost anywhere and from accessing restricted information. Avaya Guest Management solutions change at a moment's notice. include: Guest access is one of the most A number of solutions have tried to pervasive applications of wireless - Authenticated wireless access using solve this problem with limited success. networking, but most solutions require captive-portal for guest users and Most have been undermined by a dedicated resources,such as front desk temporary staff with notebook PCs, presumption that a network's wiring and IT personnel,in order to provision tablets, PDAs or smart phones structure doesn't change.While they accounts. Privileged access to - Simplified guest user provisioning allow for instantaneous identifica-tion infrastructure devices can also open the by corporate end-users, which of a call's origin,the entire network core network to potential security risks. offloads the task of creating and database must be updated the moment managing guest user accounts from a single cable is moved or changed for The WLAN 8100 Guest Management front desk personnel or IT staff the system to continue functioning. solution provides enterprises with The ability to allow partial access to 24/7 guest network access without specific parts of the network based With the WLAN 8100 Series,Avaya requiring the overhead of an IT on different guest user classes supports full E-911 VoWLAN integration. The WLAN 8100 Controller interfaces with the Avaya Communication Server 1000 call server or Avaya Aura° ....... ... architecture to precisely identify the .. location of an emergency call.This is made possible by allowing the mobile N o handset or client application to lo communicate with the nearest AID to ,. establish an emergency response location (ERL). In the event of an E-911 call,the ERL is relayed to emergency dispatchers. If the call location changes, dispatchers are updated in real-time. WIN 01& ava�4ec�g-4 1�12 9/11/2013 12:07 PMBidSync .�2 State of Utah Bid J P1 4001 Location Tracking Time Location Services (RTLS)allows Unauthorized Access of More businesses are embracing enterprises to track personnel and Protection finds and contains location tracking as a means to improve assets as they move within the Avaya unauthorized wireless activity. The productivity and reduce costs. In WLAN 8100 Series network. Easy to WLAN 8100 Series scans and maps certain environments,such as hospitals, use, cost effective and accurate, the RF neighborhood, monitoring knowing the location of a staff member Avaya location tracking is inter- activity to help ensure only or a specific piece of equipment can operable with any Wi-Fi-enabled authorized access points are granted literally be the difference between life device in the WLAN 8100 coverage network access. Any unauthorized and death. For other enterprises, area. To track non-Wi-Fi assets, Avaya wireless paths into the network, such tracking equipment location can be a offers battery-powered RFID tags as peer-to-peer sharing programs, are that interact with RTLS servers and isolated and contained. significant driver for cost savings. applications for comprehensive, real- time tracking. Secure IBYOD delivers secure network Enterprises can implement location access to users and devices. Because tracking for all 802.11 devices using most Wi-Fi devices are also mobile, active RFID tags and their existing WLAN infrastructure. Avaya Real Network Security they can connect to hundreds of networks in their lifetime. The WLAN As with any network, security is a top priority for the Avaya WLAN 8100 8100 Series supports 802.1X Port- Based Network Access Control for Series.A holistic approach addresses identifying users for authentication security in a number of ways: and authorization to an assigned 3, .......... . .... virtual LAN. The physical or virtual . ("";r Authentication and Encryption keep WLAN Controller works closely with ................... user data secure and confidential. Built the AAA server to offload the 802.1X around the 802.111 standard,the WLAN EAPprotocol processing, reducing ............ 8100 Series supports WPA2,WEP, the burden on the AAA server. In 802.1X and Proactive Key Caching; addition, Avaya IDEngines Ignition security measures that are more robust A Server provides centralized than most wired networks. MCI 0,4 authentication and authorization for wired, wireless and VPN network l pry Wireless Intrusion Detection(WID) devices, including: ..................hJ �,,:�,� provides RF surveillance to detect AAA identity-based network rogue network activity and malicious access control attacks. WLAN 8100 provides basic -to-use standards- based WID capabilities and an advanced - Easy Wireless Intrusion Detection System/ policy engine Wireless Intrusion Prevention System RADIUS integration with all ......... option for enterprises requiring enterprise network equipment greater security. A Quick and deep integration with A' major directories 2", �................. .............. Page 1255 112 ,X1 BidSync �2 7 .. ........... State of Utah Bid JP14001 Avaya Identity Engines also makes it easi- needing to configure changes and er and more cost effective for organiza- with zero network downtime " tions to provide secure,controlled BYOD Each WLAN Controller 8180 comes with access to employees and guests on wired 16 or 64 AP licenses,with more available IVLABV AP 8120 and wireless networks. for purchase as needed.When fully Indoor,high performance, 802.11n,dual radio access point operational,the WLAN controllers with integrated antenna. • The Identity Engines Access Portal automatically load balance the APs. If a "finger prints"devices,providing controller fails,licenses on that detailed visibility into the type and controller automatically shift to another. profile of BYOD devices being used on In the event of a hardware failure,this d the network. For example,it allows IT provides license failover and eliminates staff to recognize whether users are the need to purchase additional licenses. LA AP 8120-E Plenum-rated,two radio,802.11n connecting with an Android phone, To get the same level of resiliency from access point for use with external iPad or laptop,and to tailor the access antennas. other solutions,enterprises would have level appropriately. to purchase licenses on both controllers, f • The Identity Engines Client Access to doubling the cost. the Secure Enterprise(CASE)wizard is S a dissolvable client that configures user devices for secure access withoutnl directional external antenna WLAN 8100 A External dual band MIMO antenna revealing shared keys or certificates. Wireless Solution for 1800 for WLAN AP 8120-E The CASE client is particularly useful it (6 element). when guests arrive with unmanaged personal devices that need secure The WLAN 8100 offers the speed and limited access to network resources. security of a wired LAN with increased • scalability, flexibility and resilience.A The client configures such devices WLAN 8120-0 within seconds then disappears next generation solution that offers Outdoor,two radio,802.11n access point without a trace. common policies and tools for i security, guest access and network management, the WLAN 8100 is the cornerstone to a truly wireless Always-On Architecture environment. The Avaya WLAN 8100 Dlrectaonai external antenna Next generation WLAN solutions require External dual band MIMO antenna Series leverages the rich heritage of high resiliency and ubiquitous WLAN 70o for WLAN AP 8120-E carrier-grade voice and more than a (3 element). coverage.The Avaya always-on architec- decade of wireless innovation.A ture features a number of capabilities unique, wireless architecture allows that maximize network uptime. the WLAN 8100 Series to adapt to VVLAN Controller 8180 • Hitless failover without service enterprise needs as they arise using Two models:WC 8180:64 license controller and WC 8180 16L: interruption fewer components and more 16 license controller. • APs that dynamically map to controllers, affordable hardware investments. optimizing auto-AP load balance — Move to the next generation of • AP/controller clustering support, e wireless without compromising speed, many-to-many redundancy and the security or performance, all fora VVLAN Management System 8100 addition of new switches without Comprehensive design and lower total cost of ownership. management tool license controller. avaggjecqjg6 9/11/2013 12:07 PM BidSync '129 2 y{ State of Utah Bid JP14001 i � r�t s�a'iR,a�s�a�s�a�s�arrs�a�s�a�s�a�Sh-a Top 10 WLAN 8100 Differentiators 1. Optimized support for Business Applications More than just web or email access,Avaya WLAN excels at voice,video and data . Support for Advanced Wireless Applications Out-of-the-box E-911 location tracking helps reduce integration costs 3. Availability Avaya WLAN supports load balancing,controller clustering and license pooling, delivering higher availability at a lower cost . Scalability Scale users or data paths independently as needed S. Performance Avaya WLAN supports a high number of active Wi-Fi calls per access point 6. Security Much more than just WLAN security standards,Avaya provides full centralized (unified)network access control for both wired and wireless 7. Network Management/Administration Manage the ecosystem, not the box with integrated wired,wireless and voice network management from Avaya . Architecture Users receive equal levels of service whether running wired or wireless . Total Cost of Ownership Unified approach removes not only performance boundaries but also CAPER and OPEX versus the overlay model 10. Full Solution Provider Avaya offers a true and proven end-to-end ecosystem,from critical unified communications applications through the access technologies,management and services Learn More To learn more and to obtain additional information such as white papers and case studies about Avaya Wireless LAN contact your Avaya Account Manager or ® Authorized Partner or visit us online at www.avaya.com. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 08/12•DN5110-01 BidSync Page 1257 �pf13a12 State of Utah Bid JP14001 AVAYA14Y The Power of We" Avaya 1600 Series IP Deskphones The Avaya 1600 Series IP Deskphones are a value-priced family of esphones designed to meet basic communication needs in a low-cost package with the quality and reliability you expect from Avaya. The 1600 Series IP Deskphones are designed for the same user profiles as the top-of-the-line 9600 Series IP Deskphones, thus offering a feature-set and price-point alternative. By providing " 4 a range of endpoints covering the differing needs of users at all price points, Avaya makes it possible for companies to equip their workforce with deskphones that look great, sound better, enhance '01 Ow, productivity, and turn communications into a competitive advantage. With similar industrial design and administration, the 1600 Series and 9600 Series may be deployed in mixed environments or on their own. • IP Deskphones for the value-oriented customer. • Straightforward, familiar access to the most common telephony features. • Cost effective, competitive price point. • The quality and reliability you expect from Avaya. For businesses seeking an easy,cost- Also standard on the 1600 series: 2-way effective transition to IP Deskphones,Avaya speakerphones, backlit displays and multi- presents the 1600 series IP Deskphones. line capabilities. These stylish deskphones With features and capabilities generally not are a smart addition to any retail store, found in competitively-priced models,these branch or corporate office. phones offer an attractive upgrade from older systems or an addition to your existing Avaya phone solution portfolio. A Familiar, Functional Interface 1600 series IP Deskphones combine The 1600 series IP Deskphones combine traditional telephone features such as dual the best of past and present. Fixed keys - LED indicators and fixed feature buttons familiar to any phone user- provide easy (e.g., conference, transfer, hold)with access to the most common features. contemporary innovations such as Meanwhile, flexible softkeys provide softkeys, navigation wheel and a context- contextual guidance and prompts for ease sensitive user interface (in select models). of use and efficiency. BidSync '139 12 State of Utah Bid JP14001 r t �S w,�urn f4 se 1616-1 IP Deskphone pr r X11, I,i 1603-IIP Deskphone 1603SW-1 IP Deskphone 1608-IIP Deskphone Sound,Clear OO S Top Value for0 or Walkup users and Everydayusers: I10 S 0 the 1 3-I an 1 3 -I I catThe 1600 Series I P Deskphones offer Deskphones.The Avaya 1603-1 and clear, clean audio that will more than You expect top quality and reliability 1603SW-I IP Deskphones are designed satisfy the most discerning users.All from Avaya and the 1600 Series IP for the Walkup user and the Everyday models come with an integrated Deskphones deliver by giving you a user.They're ideal for locations such as 2-way speakerphone. The phone's solidly built phone that can outlast common areas in offices,stockrooms, streamlined industrial design reflects competitors' low-cost phones - lobbies,or drop-in desks.Visitors- its function as a true business-class stretching your investment and including customers-are examples of communications device. lowering total cost of ownership. It's a Walkup users who need a phone with a cost-effective solution that delivers simple,familiar interface. It's also significant competitive advantages at perfect for the Everyday phone users Built-in 5 its price point. for whom a phone is not the one critical Protection piece of their communication needs. The 1600 Series IP Deskphones have 'Otect Your 5S For Avaya IP Softphone users on and Phone been engineered to adapt to your with SIP Communication Manager company's growing needs. The Manager application users on IP Office, external Gigabit Ethernet adaptor SIP support on the 1603SW-1 IP this is the perfect desktop companion. allows you to attach a PC that can Deskphone extends your investments function with a high-speed even further with enhanced 1603-1 and 1603SW-1 highlights: connection to applications on your manageability, serviceability, and Supports 3 administrable feature network, while the 32-button integration with Avaya Aura" buttons. expansion module for the 1616-1 can Session Manager 6.0,Avaya AuraTM be custom-programmed to fulfill a Communication Manager 6.0 and m Each button includes dual LED's(red, wide range of specific user needs. Avaya Midsize Business Template green)providing explicit status for 5.2.1. the user. 9/11/2 13 12:07 PM BidSync Page 1259Ipf131 12 State of Utah Bid JP14001 Includes fixed feature keys for Supports a broad portfolio ofstt"t common telephone tasks including Avaya wired and wireless headsets t, conference, transfer, drop, hold, through its integrated headset jack. mute. 100 number capacity contacts and 2-way speakerphone. call log applications that can enhance productivity and {` 2 lines by 16 character display, p y ti lizaon. backlit for easier viewing in all persona - <� 4 1� lighting conditions. Context sensitive user interface along ' • Secondary Ethernet 10/100 port for with 3 softkeys and a 4-ways a collocated laptop or PC available navigation cluster-ideal for scrolling 7 on the 1603SW-I. through the local contacts list or call logs. ` • SIP Support on the 1603SW-IAW � i� �y provides a low cost basic SIP phone ;; ,�'� s � � . z The 3 line by 24 character display is option and integration with the backlit for easier viewing in all Avaya Aural"environment. lighting conditions. For a familiar look and feel,the 1616-I includes several fixed feature For Everyday users:the 1608-1. or Navigators:the 1616-1.The Avaya keys for common telephone tasks Everyday users typically rely on several 1616-I IP Deskphone is designed for including conference,transfer, drop, forms of communication including the Navigator type user. Receptionists, hold and mute. voice and email-and while they require assistants, and managers are exam- Inaddition, the 1616-I includes a a quality telephone,their telephone use ples of Navigator users- people who high quality 2-way speakerphone, is relatively light or straight-forward in answer incoming calls, transfer cus- and supports a broad portfolio of nature. Cubicle workers and sales staff tomers to different departments or Avaya wired and wireless headsets within a retail store are examples of extensions, and monitor several line through its integrated headset jack. Everyday users for whom the 1608 appearances throughout atypical day. delivers a productivity-enhancing For the Navigator user,the 1616-I pro- Context sensitive user interface along telephone. vides the most 1-touch line/feature/ with 3 softkeys and a 4-way speed-dial buttons without the need navigation cluster-ideal for scrolling to scroll through on-screen lists. through the local contacts list or call 1608-1 highlights: logs. • Supports 8 administrable feature buttons. 1616-1 highlights: The viewing angle of the display on The Avaya 1616-1 IP Deskphone the 1616-1 is adjustable and • Each button includes dual LED's(red, supports 16 administrable feature measures 4 lines by 24 characters. green)providing explicit status for buttons on the phone itself-and a Additional caller related information the user. 32-button expansion model provides is displayed with active appearances • Includes several fixed feature keys access to a total of 48 feature keys or for easier call handling. speed dial buttons. for common telephone tasks m The display is backlit for easier including conference, transfer, ® Each of the buttons features a dual viewing in all lighting conditions. drop, hold, mute. LED(red,green)providing explicit status for the user. ® Includes high quality,2-way speakerphone. 9/11/2013 12:07 PM BidSync 33 2 State of Utah Bid JP14001 Learn More With more than 100 years as a leader in communications,Avaya can help your company maximize productivity with the communications solutions specific to the needs of your workforce. To learn more about the Avaya 1600 Series IP Deskphones, contact your Avaya Account Manager,Authorized Partner or visit avaya.coln for white papers, case studies and other information showcasing Avaya solutions in action. 72 %—P 6d T I IIS� i,cul I ® 1616-1 IP Deskphone The 1616 IP Deskphone Is available In a global model.English language text on the W faceplate has been removed.Contact your Avaya Account Manager or Avaya authorized partner for details. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11`12®LB3472-07 BidSync Page 1 261 f131�12 State of Utah Bid JP14001 AVAYA { !4 .4 t li/r tp Ir,{'if 7 tp 7 tp 7 fp 7ri tp 7 tp 7 fp 7r,{'i1,7 tp 7 tp 7 fp 7;;fp 7 fp 1 The Power of We" Avaya 9600 Series IP Deskphones Leverage r and Flexibility of the Enterprise IP Network The 9600 Series Deskphones are designed to help your users be more productive and collaborative. Productivity: Take advantage of SIP: Leverage Session Initiated Protocol advanced collaboration and (SIP)on Avaya Aura for a survivable, productivity features for conference scalable infrastructure that delivers calls, instant messaging, and Web- reliable performance and flexible access to applications. growth as business needs change.' Touch crams:Speed completion of i : Increase performance by common telephony tasks by using touch deploying Gigabit Ethernet within your screens. existing infrastructure. Bio Applications: See your calendarGreen: Reduce your energy costs and instantly on your phone (no need to carbon footprint—Avaya IP Deskphones boot up the PC) and get instant use 40-60% less energy than the presence information so you know who competition.' is available. Productivity, rCollaboration Brilliant Audio Quality Easy to Use Interface Avaya 9600 Series IP Deskphones set a The superior sound quality on the Avaya high standard for audio quality. Superior 9600 Series IP Deskphones is matched acoustics in the phone and handset by the interface. reduce background noise and provide a broader range of audio frequencies. High resolution monochrome and color w displays, and touch screens on select The enhanced sound will delight any models, combine to set a new standard employee, particularly those who spend in usability. time on the phone and multi-party conference calls. BidSync '135 12 State of Utah Bid J P1 4001 The high resolution displays are applications such as call logs and additional visual queues that enhance context-sensitive, able to anticipate company-wide corporate directories. usability. user intentions while making the contextual menus, prompts, and Touch-screens on certain models The Avaya 9600 Series IP Deskphone instructions easier to read. provide a new level of simplicity in user interface is consistent with the handing everyday, such as retrieving entire Avaya one-XI portfolio of Softkeys, on the display itself, and messages. solutions including desktop and scrolling menus, guide users through mobile endpoints. every process, simplifying Integrated LED buttons, available on more traditional models, provide Choose the Phone That Best Meets Your Needs There is a 9600 Series IP Deskphone that can meet the needs of everyone in your organization. For more detailed information on each phone and its user profile, see the table on the last page. Walkup Users: Everyday Users: Those Essential User: Those who Navigators: Navigators (such Visitors such as whose phone is one of rely on real-time voice as receptionists and executive customers or many communications communication many assistants) are on the phone suppliers. The 9601 tools—along with IM, advanced phone applications throughout the day because IP Deskphone is email, smart phone, will find this wide range of IP they handle calls for others. The ideal for Walkup etc. The Avaya 9608, deskphones geared to their Avaya 9641G meets the needs of situations. 9611G and 9621G IP needs: Avaya 9611, 9621G. Navigators. Deskphones meet their needs. Communications via SIP Using the industry-standard SIP protocol on the Avaya 9621G and Avaya 9641G IP Deskphones enables you to take advantage of the large, color displays on these phones to deliver touchscreen calling and easy access to a select group of features that are critical to collaboration, including Microsoft Outlook/Calendar integration, Instant Messaging, a consolidated phonebook/call/IM history, Avaya Aura° Conferencing and a web browser. 2 � avaya.com 9/11/2 13 12:07 PM BidSync Page 12631�1 2 .�3 .5't8t2 Of Utah Ill t) t\11 atti£1 (�y2 y} t °Sti�Ui}4 �t� bjyl tyU1 AI i)ll1 r� � Alla yt� I{£I y�( Productivity Customize Your Deskpho f` d AVaya 9600 phones make It easy tO igtake advantage of applications, such Given the continuous evolution of as Calendars and presence. new features and enhancements, it's i lsli +sji i�fz\�ysy� lib sy ssss » sli ilii lr -ssV( sl natural tO ask whether It makes sense With SIP software, appointments Can tO buy a new phone nOW—OY t0 Walt. It 1 I'` �" �;sts `i'sa�} rt• „ `s i`tl'S s �;� "iyt` �, J � srtsl'£l R ,'i� be displayed on the deskphone The 9600 Series answers this t/ ,1 }�} lC '{✓sht l� �, ,h3�'I " lid �,� screen sO there is nO need tO boot up question by building adaptability and the Computer tO review the day's ,lsi fi �iit�lifat �1J {� �s } flexibility into the phone itself. schedule. ��(ills � iti �b�sili�`�t��t � lrs1�sf In addition, 9600 models displaSupporting your changing needs, y �cl}tsa � Ili( `�tls�'l adapter Interfaces accommodate presence status Of Other network button modules and dual headset users by Indicating On the phone adapters to provide future flexibility lin asl l �tI Contact IISt When Someone IS On a CallIfM and adaptability. or in "do not disturb" mode. Button modules are available with Select Screen SaV2Y and background display �f l )ki sf 77Sys stf4 s- ill , (i iso t `,;9s � sfs �fi s � I t rt 1ss s r t 5 9600 IP deskphones to simplify call images can be customized as well. l handling. g The modular design of the series lets �lr i �s ls£ lys�s }� j7 5� sf sl f u; Is is g f t't�st y g y p you leverage our hone investment to ssbil ss� i�l ry ss ksls isb f� � �)ss �s sslp 7y4l? y 5)ts lss)a.S£�s i SI} Support for today and Into the future. v tit+ s 1 )i�r ss 4 slil i iilii lylrr� ( I4 01 Gigabit Ethernet The 9608 and 9611G IP £ Desk hones are available With Gigabit Ethernet (GigE)your p bUSlne55 dO25n't miss a beat. GIgE as a global model, In which' �If 't � { s �'s� yt� lrs jt yy`�ri tij helps ensure Compatibility with your English language text is removed � ?I1ui' �I� t'ti'� pr tlytic j � i i} �I � ss >li ` Jl1P {l� Current network and leverages from the faceplate. Available In Select � 'i�� sS�IV 7 Iaril 1 ! ) It £� ly iy 7 1 f> ll�l1 �i)i{{tR�sy{st Srttl{t� t existing bandwidth efficiently. locations. Contact your Avaya Ava a or er Account Manager Meeting your requirements by g y Authorized Partner for details. handling data intensive traffic for ��sU�l� sy 4 ( f� ; {ytt� J11ti��y�i high performance, GIgE facilitates the demands of future services and y , ti, i applications. .,j 1 lr £ s s �i �IiS�� 1 iia s t(t Sic Ftr ! �� 11� �+t t ssl 1 fJsS7 1 1 R4�ify(�y s1 l -sit a \bt V �yf isfs iS ;i(- J cif s ,1, Contact y p� Center y Models �1w�w �1 � s rti�h s4) �� SJ�1 f( fel ty �y r a��i��tl it 1��r fi �i y l hi sstts s (4 st t s r l t t , t; Contact Centex V2YSIOr15 Of the s,i �;sir, ✓i l� � t, s 1 yy ri ssstl lssl �, ,ly;lt, t a � {I lq 96O8/9611G/9641G IP deskphones I 12I{ys, t 1 } l�i i is t fi,sis��sy f j iC4y t£� Vsht y� simplify access to a range of features s ss s s s f st rl s lyty,�� y i }} a 1441,tt ty y 1 s {r it'1 i{rI r` s t(r sr for enhancing agent productivity, (iN1I f s w rr�sat £ s Isft/u r lit !s f Ss yfi ji 2 �y�ti 77� {s la} st? s s J�ij i 5 s t lft s tl 4 z tr SUCK a5 handling greetings, ry r� f iy � } U({t; £ t +j�yi lig i f'1711�5 j Ii}1j!'\tiS`}�t yi monitoring Calls in the queue, �£�` 1s,vi b 2l la s{lls,�u, cls t ,£} ,l�S est l t sl � Fl ii { �t ya y st sa li J 1s s ss �7ty updating status and quickly ur t sus r lis tsy� S11s -sr yes yy� ly completing many other day-to-dayy!'`ls�ssss (l rssls�i sy�Ct}ss� £ lytl rs s sssy'£stlRai � i� yssss }ll yrs{ i £tis tasks. The 9641G model is available t jyt�yai si is itl} s �t£1°yi yf sY s )!ts{) �Ii ) ss��l ft , �� With a Contact Centex faceplate y tit t i t i)s s i y }r r atj s (eliminating the handset)and a dual headset adapter. i l '� �l£ssl 1s i l sti�)si�itl } ssss�s,�s js�ss p � rs 1sN 's� sys Ur i yhi� ays l' 1 £� ss } st � tsilA it th srst _£ � �b s s }tt�s I l y i rs s iy t s+ say t i is s � 7 r!! ;1r tsus t i t Irl t s s Is cr NIN 9/11/2013 12:07 PM BidSync State of Utah Bid JP14001 a a User Type Walkup/ Everyday Essential Essential Navigator Everyday Everyday Essential Essential Essential Essential Everyday User User User User User User User User& User User Navigator Wideband Yes' Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Audio Headset Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Speaker Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Phone Buttons 3 buttons 8 buttons 8 buttons Touch Touch Red LED Red LED 6 with red 6 with red 3 lines Touch or Touch LED w red w red screen screen LED LED with red screen Screen green LED green LED LED 8or16 additional buttons with red LED Display 2.4x1.0 3.2x2.2 2.8x2.1 3.7x2.1 4.1x2.3 3.1x1.6 3.1x1.6 3.1x2.3 3.1x2.3 3.1x2.3 5.1x3.8 Size (inches) Display Mono- Mono- Color Color Color Color Grey scale Grey scale Color Grey scale Color Type chrome chrome touch touch C=color touch Admini.s- 5 24 24 24 24 12 12 24 24 24 24 trative Buttons Softkeys 3 4 4 0-5 0-5 4 4 4 4 4 0-5 USB No No Yes No Yes No No Yes Yes Yes Yes Integrated No No No No Yes No No No No No Yes Bluetooth (H.323) integrated (H.323) Gigabit No No Integrated Integrated Integrated Yes No integrated G= Yes Integrated Support adapter integrated adapter 2nd Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Ethernet line interface POE Class 1 1 1 2 2 2 1 2 2 2 2 Call SIP H.323+ H.323+ H.323+ H.323+ H.323+ H.323+ H.323+ H.323+ H.323+ H.323 Control SIP SIP SIP SIP SIP SIP SIP SIP SIP Protocol Web Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Browser Support Colour grey grey grey grey or grey or grey, red, grey,red, grey, red, grey, red, grey,red, grey, red, Choice custom custom yellow, yellow, yellow, yellow, yellow, yellow, blue, blue, blue, blue, blue, blue, white, white, white, white, white, white, silver silver silver silver silver silver Custom No No No Yes Yes Yes Yes Yes Yes Yes Yes Face Plate 'Acoustic fidelity differs from the other 9600 models. Learn More To learn more about the 9600 Series IP Deskphones contact your Avaya Account Manager,Avaya Authorized Business Partner or visit avaya.com for white papers, case studies and other information showcasing Avaya solutions in action. About Avaya Avaya is a global provider of business collaboration and communications solutions, providing unified communications, contact centers, networking and related services to companies of all sizes around the world. For more information please visit . v y .com. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 01/13•LB3473-06 7 9/11/2013 12:07 PM BidSync T2f'16 12 2t ��{ � t itt s F Es fis s �i 4il�S i1t} � i State of Utah Bid JP14001 � i t S tt tt tt tt tt tt tt tt s r spa'sda�s�a�s�a�vmspa T,a T,aSTH-;a T,aaa� a�s�a�s�a�Shi�s� AVAYA The Power of We" Avaya Agile Communication EnvmironmentTM Delivering Communications-Enabled Business Applications and Processes Easily and Rapidly Packaged applications can provide fest collaboration. It adheres to a customer- return on investment through driven agile development process that integration with business applications, delivers new functionality rapidly based such as Microsoft® Lyne", Microsoft on lead customer demand. Office, IBMCR Lotus®R, and Salesforce. com.Avaya ACE also targets the large IT developer community through a Key Features and fits comprehensive set of simple but powerful Web service application Create custom applications in days programming interfaces (APIs) as well instead of months as a Foundation Toolkit for fine-tuned The IT developer community can build control of SIP cell flows using Avaya communications-enabled custom Aura®R Session Manager. Avaya ACE also applications in a multi-vendor abstracts and controls Avaya Aura®R and environment up to five times fester than multi-vendor network and before through a broad range of Web communication services using a set of services APIs and packaged, multi- pre-written adapters. Avaya ACE platform CTI adapters that shield " appeals to any enterprise seeking to programmers from the complexities of accelerate business processes through the underlying telephony infrastructure. streamlined communications and Developers do not need expertise in telecommunications and can use any modern design environment. yl sM Organizations have seen development time fall from months to a few days for �SI) t14i41�S\ ) projects that involve integration of communications with business applications. See the Avaya ACE Toolkits Fact Sheet for more details. IIIr; BidSync State of Utah Bid J P1 4001 Packaged applications deliver Avaya ACE"' through Web- based applications and immediate value Architecture processes.Avaya ACE requests from Avaya ACE packaged applications Avaya ACE'" is a software-based the application network are mapped provide plug-and-play functionality to a specific Web Services solution that sits architecturally with immediate business benefits that between the business application and Description Language (WSDL). This drive fast return on investment. design enables simple and rapid network communication layers. The Packaged applications include Avaya application layer comprises the set of integration in the customer's existing ACET"Web Browser Add-in, Microsoft infrastructure to create SOA-based web services available for Office Add-in, Microsoft Lync communications-enabled business software integration. The Integration, CRM Integration for network communications layer applications and business processes. Microsoft Dynamics and Salesforce. includes a wide range of Avaya and com, IBM Lotus Sametime Integration, Avaya ACE Foundation Toolkit multi-vendor communications servers Hot Desking, and Mobile Cost and systems.Avaya ACE integrates to contains the runtime services engine Optimizer. See these Fact Sheets for the network communications layer and software developer kit consisting more detailed information. of a Java API, documentation and through a range of open and vendor proprietary adapters. templates, to enable the creation of Avoid rip-and-replace by sequenced applications that leverage leveraging existingthe power of SIP and Avaya Aura Avaya ACETM Services communications infrastructure Session Manager. Java developers Avaya ACE packaged adapters Avaya ACE leverages a SOA can create custom call treatment interface with a variety of multi- programming style to offer applications (e.g. call route communications services as separate, modification based on user presence vendor network and communications infrastructures for abstraction and modular and open Web service status checks) without needing to control at the business applications building blocks. These Web services become SIP experts. Avaya Media are built on open standards such as Server is also available to create any layer. Organizations, therefore, can leverage their existing infrastructures SOAP, with most being compliant media services required (e.g. simple and eliminate costs associated with with Parlay X specifications. Interactive Voice Response). replacing equipment or handsets. Application developers use Web Avaya ACE also acts as a single services to integrate communications Avaya ACET`" Application integration point so that applications with business applications without Integration Engine (AIE) do not need to be rewritten each time having to acquire in-depth The Avaya ACET"Application a piece of communications telecommunications programming Integration Engine (AIE) is software infrastructure is upgraded. knowledge.Avaya ACE services that hosts Avaya ACE packaged include communications capabilities, applications and supporting software such as click-to-call, audio call,video components.Avaya ACE AIE exposes call, location and presence.Avaya Avaya ACE Web services through ACE also offers the ability to combine simple APIs built on REpresentational Web services with logic to meet State Transfer (REST)design specific business needs: for example, principles. Web application supply management, web portals, developers can invoke RESTful API and alerts/notifications. Clients operations to communications-enable invoke Avaya ACE enabled features 2 � avaya.com 9/11/2 13 12:07 PM BidSync Page 126712 .�3 State of Utah Bid J P1 4001 Web applications or business Avaya ACE Tm Architecture Diagram processes within their environment Hosted Apps Corporate Directory A Microsoft Office 365/BPOS without requiring detailed knowledge Micmsofl LyncfOCS IV Salesforce of underlying communication network Packaged Applications Dynamics CRM Custom implementation or protocols. Avaya Applications (04 Vjeos�"me� ACE AIE provides a single point of of 1;w ndaijon TcolkitAPIQ access for Avaya ACE packaged Web Services applications. Ava ACE Y" Avaya AGE n Applicatio Integration Base Server Engine(AIE) Supported Protocols • Web service APIs - SOAP, REST • Transport- HTTP, HTTPS, SSL Avayd Media R87 e.$I P TRK&MP TR874SIP JTAPI�1R&AXL $1P vt Salver TG 10400 • JAVA APIs for Avaya Aura custom Avaya Avaya Avaya Cisco TANDBERG IBM Lutus Aura AESICM& CS1000 CS2100 JCM VC8 Sametinne call treatment applications Session Manager • Signaling control - SIP, TR-87,JTAPI, Network Diagram H.323,Avaya CS 1000 MLS, IBM Virtual Places Scalability Hardware Supported Systems - Up to I5,000 users per system Avaya ACE Base and ACE Application • Avaya Aura"' Communication Integration Environment (AIE) Manager (via AES for CM S.2.1 or via Resiliency software is supported on the server AES or Session Manager for CM 6.0) - For high availability, ACE platforms below. For 1+1 resiliency, • Avaya Communication Server 1000 R7.x architecture supports the option of two servers are required. deploying a redundant standby • Avaya Communication Server 2100 server. In the event of a failure Learn More • Avaya Media Server 7.0 condition on the active server, a • Avaya Interactive Communications failover to the standby server For more information on how Avaya Portal (1.0.1) occurs. Agile Communication Environment"' can nvironment— can help your organization gain • Cisco Unified Communications competitive advantage by integrating Manager(6.0+) Specifications business processes with existing • Microsoft Lync Server 2010 Client Avaya ACE TM Software Platform communications systems, contact • Requirements your Avaya Account Manager or Microsoft Office Communications Server 2007 R2 Communicator Software Authorized Partner and visit www.avaya.com/ace. Client Avaya ACET"' Base software is • IBM Lotus Sametime 8.5.2 and Lotus supported on a Linux operating Notes 8.5.2/8.5.1 with embedded system.Avaya ACE Application Sametime 8.5.2 Integration Engine (AIE) is supported on Windows OS. • TANDBERG Videoconferencing Server R4.0 and higher ava�4ec�M-6� �T12 9/11/2013 12:07 PM BidSync .�3 srt �yyk �( (� �1 , {si ri ti ilkt t <' S� � 1fi iJ1v r }��r � �- 1Ft sl t1{t �t jt Sf � iy State of Utah Bid JP14001 ,��r s ,�',i sr 7 s�a,,t�a spa spa s��s�a spa spa sh,a spa spa /�i 1,11„{,ti;1( Minimum Requirements Recommended Requirements 2 processors 4 GB Server type: HP Proliant DL360 or CentOS (32/64 bit) IBM 3550 Recommended girments Dual Quad Core 2 x quad-core processors 24 GB RAM 4 GB 3 x 300 GB Hard Drive RedHat 5x Linux (32/64 bit) RAID 1, Dual Power supply, 2 NIC Cards. DVD drive ACE Base Server requires`.Red Hat Linux OS 64 bit. Avaya ACE AIE requires Microsoft Windows 2008 R2 CIS 64 Bit ©2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein.References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 12/11•UC5082-05 BidSync Page 1269�pf131 12 State of Utah Bid JP14001 AVAYA1 �w. The Power of We" � Call Center Elite Avaya Aura'R Today's Contact Center Challenges How do you best deliver intelligent personalized service to your customers? Does your contact center have the ability to choose whether V inbound calls go to the least busy agent, the first available agent, or the agent with the skills needed by a particular customer? The pressure to deliver positive results that provide a competitive ��ia�is s advantage has never been greater. To achieve that advantage, your contact center must come through on a number of fronts. In today's business climate, customer satisfaction is critical to your success. So it is vital that your contact center deliver intelligent, personalized customer service. In addition, you need to accomplish more with less. And you must be able to do all of this while enhancing the business value of each and every customer interaction. The right solutions can make all the is already in use in a majority of contact difference in improving the ongoing centers around the globe. productivity and revenue potential of your contact center. They deliver cost savings Avaya Call Center Basic software is a core by allowing you to converge your data and ingredient in Avaya Aura® contact center applications upon an IP Communication Manager and allows call infrastructure. Effective contact center centers to deal with many fundamental solutions provide for optimum load requirements including service balancing based upon the work handling observation and more: guidelines your company wishes to It helps your agents handlecalf more implement—under both call surplus and effectively and boosts your call center's agent surplus conditions. They make the overall level of productivity—at a single most of agent availability, skills, and site or across an enterprise. experience and integrate readily with other productivity tools in a multi-vendor It gives you the ability to choose environment. Finally, and most whether inbound calls will go to the least importantly, superior contact center busy agent, the first available agent, or solutions lower your Total Cost of the agent with the skills needed by a Ownership (TCO)and increase Return on particular customer. Investment (ROI). Every Avaya Aura Communication Manager system includes Avaya Call The Right IIS Avaya Call Center Basic, which provides all of the ACD (Automatic Call Distributor) EliteCenter functionality required to operate a small, Avaya Call Center Elite delivers on all of basic contact center. However, most these points and many more with flexible, Avaya customers opt to enhance their scalable solutions designed to grow along contact center functionality with Avaya with your business.As the market leading Call Center Elite. contact center solution,Avaya Call Center f 7 BidSync '133 2 State of Utah Bid J P1 4001 Avaya Call Center Elite— - Maximum Occupancy helps Integrated Multichannel for every Business, prevent "agent burnout" by Contact Handling helping to ensure agents are less Large or Small than 100% occupied. Giving customers the ability to Avaya Call Center Elite features Avaya - connect with you through the device Policy Routing distributes calls to Expert Agent Selection (skills-based target groups of agents on a and method of their choice is quickly routing)and the full complement of becoming a key aspect in delivering a percentage basis, helping meet personalized customer experience. advanced Call Vectoring (conditional routing) capabilities. The Elite contractual agreements with Today's tech savvy customers might outsourcers. This feature can help prefer to send an offline email or package includes Avaya Virtual ensure fairness to agents by Routing for effective load-balancing connect with your business through a distributing a percentage of web chat session, rather than picking across multiple sites, and Business difficult calls, or revenue- Advocate to dynamically match each up the phone and speaking with a live customer to the optimal agent. producing calls, agent. The key is to deliver a variety across the agent population. of ways to access your business and - Interruptible AUX Work helps to to ensure that interactions are Communications for maximize agent utilization and meet managed consistently across Increased Performance service levels by delivering calls to channels. agents who are logged in but not Avaya Aura®R Call Center Elite offers Comprised of flexible and integrated working, if they are classified as optional multichannel handling applications, Avaya Call Center Elite interruptible. For example, an agent capabilities, providing intelligent simplifies customer management, who is taking an on-line course agent assignment of email, Web chat, contact center administration, results could be interrupted to take a call SMS, Instant Messaging, fax, and tracking, and agent training. It offers from a priority customer. outbound calling in a blended queue conditional (if/then)call routing that - Advanced Segmentation allows for that combines both voice and non- makes use of context-based inputs, the segmentation of contacts based voice contact types. You can easily coupled with versatile resource on data collected both internal and add non-voice channels without selection capabilities. In addition, external to the contact center, sacrificing the contact center features Virtual Routing capabilities offer helping improve first time call or reliability that you have come to multi-location companies the ability completions and enabling clow- expect from Avaya.And now you can to maximize resource utilization cost screen pop for affordable CTI also make use of the same patented across all sites.And, features such as Local Preference Distribution and implementations. (including Business Advocate) algorithms for "work" as well as Locally Sourced Music and - Server and Gateway Options 11 calls". Announcements save bandwidth and/ provide more processing power for or trunking costs for businesses with larger contact centers, and adds The Elite Multichannel feature pack distributed contact centers. affordable contact center includes simple to deploy screen- Avaya leads the contact center capabilities at small branch offices pops and customer history industry with features such as: via the G430 Gateway and at mid- information so that agents have the size offices via the G45O Gateway. right information at their finger tips, * -Service Level Maximizer, which Avaya continues to offer the largest allowing them to deliver a more helps meet service levels across the scale on a single server in the personalized customer experience. business by evaluating service level industry, which means less And multichannel reporting can be targets for each queue in administrative overhead and consolidated with existing contact determining call priority. significantly lower upgrade and center reporting using Avaya Call * Powerful Vectoring capabilities maintenance costs.Avaya supports Management System (CMS) to give encompass a wide range of 10,000 concurrent agents on one your business a single view of contact conditional routing, including ACID and up to 10,000 agents in a skill center performance. variables, that provide simplification group, facilitating contact center while offering more flexibility, consolidation. particularly for availability/ survivability via resource awareness. 2 � avaya.com 9/11/2 13 12:07 PM BidSync Page 1271 p � 12 .�3 { t i til , t t 11t it R i! State Of Utah 1 �� 4 + rtt yl i i7 iy r Si r i i Avaya Business Avaya Business Advocate takes a different approach.As agents Advocate is Now an ,r ii 111 � r stt sl t- (fi iI0 become available, Advocate predictsEntitlement which contact will wait too long — be farthest outside itsre-defined target Avaya Business Advocate is the p g tl� i� �l ai 1 i7 t , l�l�l tai evolution of contact YIOYItIZatlon and service level — if It's not handled next. p That contact is delivered to the routing. It is the only adaptive and �rtt available agent. With Avaya BUSlness predictive answer to every contact Advocate,your high-Value cUStomeY57ii�� 1 r �r center's dilemma — matching the et fast service et no one IS right contact to the right agent, every g Y forgotten. time. 11 When service levels are regulated or g ,7( Maximize - balance - simplify contractual, Advocate can ratlit 0 Avaya Business Advocate is the onlyautomatically adjust service level iyl tY � thresholds to bring in additional Solution that U525 patented p 'Y algorithms to analyze wait times and agents sooner to meet the target. � ' ! rly �I�)I 1} 1 �tl)Y ft}�,1 l i�tf It i lr 11�;4 �i �sli{ lei i2y{1{yr prioritize the handling of preferred Reserve agents are automatically customers.Avaya Business Advocate invoked as needed to meet a service y best matches each contact with the level target, helping you avoid costly skill sets ofour agents, directing penalties. Y g g each customer to the agent Who can Look ahead withredictive serve them most effectively. p algorithms Companies who Implement Avaya Business Advocate can experience a Avaya Business Advocate is built on Y AVa a patented Expected Walt Time significant reduction in caller p p }$�'vll st;i.�i'rl� 1, '`��lr llls�lr l��'R13��,1itil3l�,ll�l3l�'rtti13l�,1iti13l�,1iti13l�,1iti13I' y�l abandonment, and customers spend and Predicted Wait Time algorithms. l,,,,ill�,,�,,�,,a,,�,,�,,�,,a,,,,,n, less time waiting for the service they Expected Wait Time predicts how expect. long a contact will wait for service. Like looking in a rear-view mirror, by Advocate can then enlarge or shrink the size of the agent pool accordingly, the time supervisors respond to a Avaya Business Advocate surge, it's too late— the statistics they profoundly improves business to meet your targeted service level. Predicted Wait Time predicts when see have already occurred — and results customers have already waited too the next agent will be available when Avaya Business Advocate helps you deciding the right queue to serve. long. The result is increased meet your business objectives with abandonment rates. Supervisors these advanced capabilities: Every customer is delivered to the struggle with constantly playing best agent based on customer value, traffic cop, having to remember to Achieve service goals across the agent skill, predicted total wait time move agents back to their normal enterprise and specific service goals. Your assignments, always busy shuffling Traditional priority queuing interferes management team can gain greater agents instead of managing them with meeting the service levels control of service levels without effectively. required to maximize profits and intervening manually. With Avaya Business Advocate, when customer loyalty. Higher priority Avoid supervisor shuffle expected wait times exceed your pre- customers are handled quickly, while defined thresholds, reserve agents lower priority customers wait in Contact arrivals naturally ebb and queue. So as higher priority contact flow by customer group. Before are automatically and instantly Advocate, supervisors responded to activated as needed. Reserve agents volume builds, service for lower are then released to their usual duties priority customers plummets. That's surges by monitoring traffic at their computer screens and manually when volumes return to normal. how priority queuing can lead to Avaya Business Advocate simplifies longer Average Speeds of Answer reassigning agents to meet changing and more abandoned contacts for demand. contact center administration, freeing managers to focus on developing everyone but the highest priority agents and building more profitable, customers. lasting customer relationships. L 9/11/2013 12:07 PM BidSync 3512 State of Utah Bid J P1 4001 Balance agent utilization fairly Avaya Business Advocate constantly compares agent availability with call priority and skill requirements. It distributes calls fairly across available agents, taking the "whole agent"and their recent workload into account. Now you can achieve your service level objectives while balancing agent workloads, eliminating agent burnout and dissatisfaction. Flexible, scalable, integrated Avaya Call Center contains highly flexible applications that leverage your investments in other productivity initiatives.Avaya Call Center software provides rich, reliable functionality whether you choose to use traditional TDM, or IP-based infrastructure using H.323 or SIP. Proven technology, proven approach Avaya Call Center Elite takes full advantage of our recognized strength in voice heritage, application development, global services and leadership position in the industry. And,Avaya Global Services provides a suite of options designed to give you maximum flexibility in choosing the services needed to best support the unique needs of your contact center and your business. Agent Efficiency and Effectiveness Avaya Call Center Elite provides a fully integrated contact management solution that empowers your agents to deliver competitive customer service, helps to lower operating costs, increase agent efficiency and effectiveness, and helps you make the most of every customer interaction. With Avaya Call Center, you have a powerful assortment of features, capabilities and applications to meet all of your contact center needs. Learn More To learn more about Avaya Contact Center solutions, contact your Avaya Account Manager or Avaya Authorized Partner or visit our web site at avaya.com, and select Contact Centers. More businesses worldwide have trusted Avaya to deliver their mission-critical contact center solution than any other vendor. Avaya has the distinction of being: #1 in Contact Centers worldwide' #1 in IP Telephony worldwide 2 #1 in Unified Communications worldwide 3 Worldwide:Gartner,Inc,Market Share,Contact Centers Worldwide,2011, D.Kraus,March,2012 2 Worldwide: Dell'Oro Group,Enterprise Telephony Report, 1Q12,June,2012 'Worldwide: Dell'Oro Group,Enterprise Telephony Report, 1Q12,June,2012 @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @,T1,or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11/12-GCC2353-08 �3 BidSync Page 1273 � l 2 . ' State of Utah Bid JP14001 AVAYA r, { � r s�a sit, spa s�a s,n,s�a spa s�a Sy;a spa spa s�a�rs�a spa s�a,s�a s i,4Q„i The Power of We” Avaya Aura'R ffi A solution for collaboration that builds on the ��- • Avaya Aura° architecture Avaya Aura° conferencing extends multimodal capabilities— for audio or video conference calls, information sharing, Web collaboration and more—totens of thousands of workers, _ virtually anywhere, at a fraction of the cost of other solutions. How Avaya Aura Avaya one-X°Communicator: Conferencing is Used Diel into a MeetMe conference. With Avaya Aura Conferencing,you can Avaya 9600 series SIP-based IP desk deliver audio or video conference and phones:Dial into a conference,view the Web collaboration capabilities on a wide roster display and use conference controls. range of devices using Avaya interfaces:' Once Avaya Aura Conferencing is • iPad or Windows-based PCs:Avaya deployed on the enterprise network, anyone can get full access to its Flare° Experience turns any iPad or capabilities. It can support as many as Windows-based desktop into a one- 10,000 concurrent audio,video or Web stop collaboration center through the conference sessions. easy Avaya Flare interface. • Windows or MacOS web browsers: Collaboration Agent is a Web-based Collaboration Options tool for managing or participating in MeetMe and Adhoc Conferencing: conferences and sharing information. 1) Pre-planned meetings where the • i hone or Android devices:Avaya conference number and participant Web Collaboration Agent app for access code is distributed in advance or Android or iPhone devices lets you 2)on-the-fly conferencing where view shared content and present to participants are brought into the call co-workers or customers with mobile individually without dialing a pre- devices. distributed access code. • vision copi °VirtualMeeting: vent/Lecture Conferencing: Radvision Scopia subscribers Large sessions in which there are participate in Avaya Aura one or multiple presenters and Conferencing meetings and vice versa. many attendees. 'Avaya Aura Collaboration Agent is included with Avaya Aura Conferencing.Avaya Rare Experience for Windows and iPad devices can be purchased separately.For the Avaya Web Collaboration app,go to the iPhone app store or the Google Play App Store search for Avaya Web Collaboration,download and install. f 7 BidSync '137 12 State of Utah Bid J P1 4001 Web Collaboration: Document, - Web Collaboration Server: provides Plug-ins to Desktop Applications: application sharing and collaboration content sharing to Avaya clients. Plug-ins for desktop applications (e.g.,joint annotation) as well as - Document CSenable users to invite and join onversion erver: conference call management. conferences from within converts PowerPoint, PDF and other document types into formats Microsoft Outlook or Microsoft Lync Components compatible with Web collaboration. via Avaya Client Applications. Avaya Aura° Conferencing consists of System:Avaya Aura Conferencing the following components: Flash Media Gateway:An optional requires Avaya Aura'6.2(including server to provide audio and video * Application Server: hosts the capability to the Collaboration Session Manager,System Manager conference applications and handles and Communication Manager)or Agent, the Web browser interface. SIP signaling from clients. Avaya Communication Server 1000 * Media Server: handles audio Recording Server:An optional Release 7.5 or 7.6(including Session server to enable the recording Manager 6.2 and System Manager including voice mixing. feature. 6.2.) NONE= Single Server All solution components on a single server. Single Campus Avaya Aura Conferencing located in'a central data center;media servers on separate servers, Multiple Campus Avaya Aura Conferencing split between active/standby cores in two geographically separate data centers using an L2 MEAN. Multiple Avaya Large deployment where Avaya Aura Conferencing is on multiple application servers, Aura Conferencing Deployment Endpoints: Windows PC and iPad devices(using Avaya Flare@ Experience);Windows or MAC OS desktops using Web browsers;iPhone and Android devices(using Avaya Web Collaboration App);9600seriesIP Deskphones for SIP(roster display and conferencing controls)and H.323(audio only);Avaya one-XO Communicator. Hosting Performance Monitoring The Web-based Avaya Aura Conference Monitor provides RTPJIR P?RTCP comprehensive monitoring of conferences and sessions: 11A ,44" N: Monitors bandwidth usage in real wffl time and identifies trends for locations, app servers, media server sessions and system auditing. Media Cascading - Displays current and past Key Locally deployed media servers send one outgoing media stream for all Performance Indicators (KPIs). remote users at a media server location. This concept is referred to as - Logs sessions and bandwidth cascading and can reduce the number of media streams that need to travel usages, and provides daily, weekly across the WAN, leading to significantly reduced WAN costs. and monthly usage reports. 2 � avaya.com 9/11/2 13 12:07 PIVI BidSync Page 1275 p � l2 .�3 State of Utah Bid JP14001 Configuration and Capacities Avaya Aura® Conferencing can be configured to deliver varying levels of capacity and redundancy: m Maximum Provisioned Users 5,000 users 150,000 users 10,000 sessions with (audio&video) Maximum Number of Sessions 500 sessions of which up to 7,500 can also have Web sessions or as many as 15,000 for audio only sessions 250 participants (MeetMe or Adhoc 250 participants(MeetMe or conferences) Maximum Conference Size Adhoc conferences) 2,000 participants (Event* conferences) Maximum umber of 250 (2 party conferences) to 2 5,000 (2 party conferences)to 40 Conferences (250 party conferences) (250 party conferences) *Event conferences have unique characteristics to accommodate thousands of participants such as lecture mode,entry and exit tones disabled,and limited roster view. `Note:While each Web session requires an audio or video session,you can have an audio or video session without a Web session.In a co-resident configuration,you can have a maximum of 500 audio or video sessions(with no Web sessions)or a maximum of 250 Web sessions,250 video sessions or 250 audio sessions.In a large or large simplex configuration,you can have a maximum of 10,000 audio sessions(with no Web sessions)or a maximum of 7,500 Web sessions,7,500 video sessions or 7,500 audio sessions. i 'r n t4.,vimra PAM". � dur.SCS � % Al I t l z Avaya Flare Experience on Windows PC Collaboration Agent on Web browsers (or iPad devices) u ... ZD Avaya Web Collaboration Agent app for iPhone or Android devices7 9/11/2013 12:07 PM BidSync .�3 912 State of Utah Bid JP14001 s,,t spa spa spas5a spa spa sp�s�a spa spa s'a s ✓ a,. i i Annotate Annotate shared content,applications and screens; add text,lines and stamps to clarify or expand the content. Audio and Video Participate in an audio or video conference.Users do not need to dial into the conference. Attendance snapshot A list of participants at a specific time. Browse a presentation/ Browse a shared document independently of the document as a participant moderator or presenter. Continuation Conference bridge remains active after the moderator exits. Documents that can be Microsoft PowerPoint,Microsoft Word,Adobe uploaded Acrobat PDFs,plain text,jpegs and pngs Drop a participant Moderator can drop participants from a conference. Entry and exit tones Lets you know someone has entered or exited a conference. Fast start Allow conferences to start before a moderator logs on. Library Allows moderators to upload documentsto a shared area on the server'.This enables faster access and enables participants to view independently of presentation. List of other participants See who else is on the conference bridge. Lock Prevent new participants from joining the conference. Meeting reports A report automatically generated after each session that includes the meeting minutes and a list of the sharing events that took place in the collaboration session. Minutes Users can record and edit meeting minutes for later review,including notes,keywords,action items,and questions. Mute media Mute audio participation. Navigate documents Browse shared documents. Questions Participants can ask questions Raised hands A feature participants can activate to attract the moderator's attention. Recording and Playback Recording;captures audio,shared data and conference events such as messages, participants joining or leaving,and interactions with each other. Roles Moderator,participant,presenter;guest Send a sereenshot Send a screenshot of the current screen to all participants as a message. Send messages wring a Send and keep track of messages sent during the conference conference. ® .Share Applications,desktop,documents,whiteboard. Silence participants All participants except the moderator and a®� presenters are muted and cannot unmute themselves. Learn Mored To learn more about Avaya Aura Conferencing, talk to your Avaya Account Manager or Authorized Partner or visit us at http://www.avaya.com/.. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 05/13•UC4533-08 BidSync Page 1 277 f13'V12 State of Utah Bid JP14001 � �1 ttttttttttttttattttttattttt{ =z', AVAYA son ti The Power of We" Avaya Aura'o) Contact Center 6.3 rrr x, f; Avaya Aural Contact Center 6.3 is a context-sensitive, '. collaborative, voice and multichannel customer contact solution IN ,,�� st „ that allows enterprises to anticipate, automate and accelerate � customer interactions. Avaya ,Aura Contact Center intelligently routes up to six simultaneous multichannel contacts to the most appropriate resource through a unified agent interface. By creating a complete view of the customer and the context of their interaction, Avaya ,dura Contact Center allows enterprises and organizations to manage the customer experience in a way that consistently delivers a superior level of engagement. Avaya ,dura Contact Center allows users to proactively reach out to customers, combines historic and real-time contextual customer information to help improve the quality of interactions, optimizes agent utilization and productivity, and enhances supervisor performance to deliver superior customer experience and drive sustainable business growth. A software only application that runs on commercial off-the-shelf servers,Avaya Aura Contact Center is the ideal solution for customers who need the flexibility of an open, reliable multichannel solution. The following flexible deployment options are available: Complete The Complete solution manages all contact types (inbound/outbound voice, email, web chat, SMS,fax, IM, Social Media, etc)as a universal queue and offers integrated real-time and historical reporting. The AACC-M midmarket solution utilizes the Avaya Aura Contact Center Complete deployment model. Standalone The Standalone solution is deployed to manage only non- voice multichannel contact types(email, web chat, SMS, fax, etc.). No integration or inter-operation with a "voice call center" solution is required. BidSync '139 12 �y State of Utah Bid JP14001 turnover. Avaya Aura Offsite Agent 4V,t�dka �,4)utl��n. -ridtj�Jwy�a�ivas `inf£ c�3e+5�itdy�. a�g�3pr��,un,� is an optional add-on feature that '$1P!haya2j 4rawaralCadaW 040203 '�'��Rarrr,�+iwrrar'r's�ra�,gwtfi,n�r4., 7�q 5n�uha_ allows agents to utilize their home W 1274164355 i in to P t vra�yi�ry 9UIft" or mobile phone to accept customer Wray.Gy bt`�1./JneR'Tvtiv+Lrvnl 2 .4.��dF.ry:=� 3.ni E'rvuL pswS v a� #rla,btl€rePsg3�Je.6,n©u2e(.4am _ EPue d_ir..iu{�Lr ��+ ww tsd73E .. fes;...'^-"a Interactions from Avaya Aura �iJ fug <t r �4>�t( �t t `z Contact Centex. f,�a3s �dpeiA' k�tttsv4 ��ae=i, lc�irmr�s�ir�aiuv;i1u�vein�&� I '1 desktopintegration: Integration u :7 tppswd� +S ki LI bt R ...., - ,. NO N_ ,,,?�„ ' m x�•v+ r i ,r with Avaya Aura Session Manager . _ delivers powerful UC capabilities directly to the agent desktop, taxi M. iw��.) helping Increase agent productivity. 11-4 r t ",-H jua I p m I i 6V a=sn ,n �Ic > tlir P,ll, •a 4na;, w: -u,w.s k ueuv�. =,3 Based on the context of an �it 9 a sau interaction, expert/buddy lists are �4 eI d'rs+t�t'4�u�mtr ;'t(agt'��`'�{4t\��; displayed on the desktop for expert z .ice °� consultation using Instant J 1 messaging (IM). Both agent and expert see the inquiry context, helping resolve customer interactions faster and improve first Avaya Aura Contact Center supports Agent Efficiency contact resolution. next generation, SIP based Unified Agent Desktop:Avaya Proactive interaction: Outbound deployment options on Avaya Aura Aurao Agent Desktop allows agents dialing enables enterprises and Communications Manager and Avaya to simultaneously handle multiple organizations to utilize their agents Aura Session Manager, as well as contacts of various media types. for revenue generating activities. The Communications Server 1000 This single desktop interface can be ability to reach out to customers with integration through the Applications timely information increases up-sell used for both Elite voice interactions Messaging Link(AML). and multichannel interactions opportunities, resulting in higher delivered from Avaya Aura Contact revenues and profitability. It also Features and Benefits Center, or it can be used for both helps shape the type and number of Avaya Aura Contact Center 6.3 voice and multichannel in complete inbound contacts. includes many new and enhanced deployments. The email editor, auto capabilities that help enterprises and suggest, auto response, web push Supervisor and Administrative Effectiveness organizations improve customer and context sensitive handling satisfaction, increase revenues and capabilities substantially enhanceOrchestration Designer:The drag profitability, and enhance agent and agent productivity while minimizing and drop menus in the graphical user supervisor productivity while training requirements. interface of Orchestration Designer reducing CAPER and OPER costs. Agent quality, motivationn makes it easier and more efficient to Avaya Aura Contact Center addresses performance:The ability to offer develop routing scripts with fewer the needs of all stakeholders errors, removing the need for flexible, at-home teleworking including the line-of-business specialized resources. More arrangements allows contact center manager, contact center manager, IS/ managers to hire the best agents, importantly,this workflow design tool IT manager and agents. Key motivate them, improve is utilized by both Avaya Aura° capabilities include: performance and reduce agent Contact Center and the Avaya Aura° 9/11/2 13 12:07 PM BidSync Page 1279�pf13'4�7�12 State of Utah Bid J P1 4001 Experience Portal, making it easier analyzing data and allows more time adapt to changes. For example,the and faster to modify work assignment for coaching agents, helping improve Avaya Open Queue Web Service requirements for automated and both agent and supervisor allows any media type to be routed assisted care environments. productivity.When Elite is integrated into the contact center, including social • Simplified Administration: with Avaya Aura Contact Center as a media such as Twitter and Facebook. Common,web-based administration multichannel complement,Avaya IQ Additionally,a Web Service integration for contact center supervisors and provides comprehensive is provided for quick and easy managers helps reduce configuration consolidated reporting on Elite voice integration with Salesforce.com,as complexity,eliminate duplication, and Avaya Aura Contact Center well as other CRM systems.The SIP reduce errors, and lower multichannel interactions. based solution simplifies the implementation time and cost. It also Architecture, Scalability, architecture,and reduces the need for allows contact center managers to Security & Reliability expensive and time consuming CTI maintain multiple virtual contact - deployments. Open standards based solution:The center nodes over the web from a scales: Avaya Aura Contact Center SIP-based Virtual contact center that single point. architecture makes it easy to develop, Avaya Aural�'Contact Center is appro- • Unified orting:On-board implement and maintain screen pops priate for a wide range of deployments reporting with standard or reducing time,effort and cost required from single-server to midsize and large customized, tabular and graphical, to launch new capabilities that further enterprise deployments. Multi-site,vir- historical and real-time displays with enrich the context and information tual contact center deployments are dynamic filtering provide easy-to- presented to agents.Standards-based supported for up to 30 nodes creating read information on Key Web Services simplify the integration an environment where skills are utilized Performance Indicators (KPIs), between the contact center and back across a network to create greater effi- contact summaries and consolidated office applications allowing enterprises ciency and allow businesses to draw reports. This reduces the time spent and organizations to quickly and easily from a wider talent pool. Avaya Aura Contact Avaya Aura Solution for 500 Soo Center Complete Midsize Enterprise Avaya Aura Communication Manager with 3000 3000 Session Manager Avaya Communication Server 1000 (AML) 5000 3000 Avaya Aura Contact Avaya Aura Communication Manager with 400 400 Center Complete-CEM Session Manager Midsize Enterprise Avaya Communication Server 1000 (AML) 400 400 Solution(AACC-M) Avaya Aura Contact No UC Platform 0 3000 Center Standallone .................................................................................................. .................. ava�4ec(�A-6� 'g12 9/11/2013 12:07 PM BidSync .�3 State of Utah Bid JP14001 center capabilities, businesses can x add intelligent routing of email, web chat, SMS text, IM, fax and scanned documents for agent handling. Avaya ura°ExperiencePortal:Avaya Aura Experience Portal can be used as an IVR front end to Avaya Aura° t� Contact Center. Experience Portal is a software-based platform that provides intelligent agent selection with G segmentation and offers advanced A , wait treatments.Orchestration ' r Designer,an advanced development environment included in Avaya Aura Experience Portal,helps speed process and workflow development. iAvayaAura'Workforce Optimization( ):Avaya Aura ` wWorkforce Optimization is a unified i - est suite of applications for analyzing pp and optimizing customer interactions within the contact center across every touch point.The Avaya Aura WFO solution provides companies with the • Enhanced security and authentication: Additionally,Avaya Aura Contact information they need to make Enhancements to security include Center supports desktop virtualization intelligent decisions about agents and single sign-on and authentication with within Citrix environments. processes,and improve the quality of Microsoft Active Directory reducing Rich third-party developer customer service they deliver. repetitive authentication. ecosystem:SIP, SOA and Web Avaya contact tenter control • Reliability:High availability options services interfaces encourage a rich Manager:Avaya Contact Center include geographic and campus. Real- ecosystem of third-party application Control Manager provides centralized time shadowing with automatic developers to develop and integrate operational administration exclusively failover options for all core application applications to meet the specific for Avaya Contact Center components:call processing, needs of enterprises. Applications(i.e.Avaya Aura Contact multichannel,agent desktop, Integrated Contact Center Suite Center,Call Center Elite,etc.).This administration and CTI,with zero- allows one-time definition and touch recovery helps maintainAvaya ura°Call CenterElite: on-going management of:agents, seamless uninterrupted operation. Avaya Aura Call Center Elite skills,vector directory number, • customers can add an affordable extensions,call flows,integrated voice Virtualization:Support for both g multi-channel solution with Avaya Microsoft Hyper V and VMware response working hours,dynamic virtualization environments facilitates Aura Contact Center multichannel prompts and menu content. server consolidation and deployment complement. While preserving investments in Elite voice-based call flexibility saving CAPEX and OPEX. 9/11/2 13 12:07 PM BidSync Page 1281 1pf13'g12 State of Utah Bid JP14001 Customer Satisfaction Increased access options:Intelligent assignment of up to six multichannel () r` Avaya Aura Contact Center contacts including voice, IM,Web ` Chat,SMS text,email,voice mail,fax, f scanned documents,and social media through an open, universal queue ;t offers customers numerous contact unkea � options.The multichannel capability helps enterprises and organizations , ,�: promote the concept of`always-open- for-business',increasing customer t. options and ease of access. • Context reservation: Information such as the customer's immediate prior activity, historical data and categorizes Twitter and Facebook Avaya Aura°Contact Center is a social attributes help anticipate user contacts so that they can be standards-based customer contact needs and facilitates higher rates of prioritized and routed into the solution that allows enterprises and First Contact Resolution (FCR), and contact center for agent handling. organizations to: enhances contact center efficiency. The Value for You - Offer more customer access options Anchoring the customer contact on to improve satisfaction and loyalty the SIP Avaya Media Server helps Avaya's vision for next generation Improve agent utilization and ensure that agents, experts and customer care is about delivering productivity through multiple supervisors have access to superior Experience Management. information about the customer's Increased competition,changing contact handling and agent context. Customer context demographics,the growth of new efficiency features information will be used by the work communications media,and more Use real-time and historical assignment engine in the future to demanding customers,require customer data to frame the fine tune the match between businesses to consistently deliver higher- appropriate context for each and incoming customer interactions or value customer service and effectively every interaction and boost first work and available contact center manage their customer's experience. contact resolution and enterprise resources. Equip managers to administer the Context is critical to Experience • Social media integration: Ease of contact center, analyze Management. Knowledge of a integration with social networksperformance through unified customer's most recent activity, past provides options for business history, purchase behavior, and reporting, learn and apply best- managers to nurture, build and preferences provides a wealth of practices to continuously improve promote brand image, and equally the agility of the contact center information and a rich context for the importantly, resolve issues before interaction. Businesses that harness Manage the customer's experience, they balloon out of proportion. this context to deliver superior both assisted and automated,to quickly Avaya Aura Contact Center experience differentiate themselves solve customer issues and increase integrates with Avaya Social Media from their competitors. profitable revenue opportunities Manager which analyzes and L 9/11/2013 12:07 PM BidSync '135 2 State of Utah Bid JP14001 • Evolve from queuing and routing to Enterprises and organizations can Resource Selection and achieve these benefits while preserving r Work Assignment existing infrastructure investments and enhancing flexibility,tightening security, cif • Use SIP,SOA and Web services to � flexibly connect and open the augmenting service availability and enterprise,eliminate cost and saving CAPEX and OPEX. 5fi1= complexity and facilitate integration to business processes and social media Learn More MY, 4 • Provide migration paths to protect, For more information about Avaya �� extend and grow investments,optimize Aura Contact Center contact your � f cost and improve performance Avaya Account Manager,Avaya Authorized Partner or visit us at • Ease deployment of reliable, avaa.cm. , resilient contact centers with uninterrupted operation MEN=— Agent Desktop Avaya Aura Agent Desktop Multichannel Fully blended support for voice,email, IM,Web Chat,Fax,SMS and social media contact types, Multiple call handling Up to 6 simultaneous contacts can be handled by an agent (One voice call and up to five additional non-voice contacts), Offsite Agent Avaya Aura°Offsite Agent solution allows contact center agents to work from any remote location whether that be a home or via a mobile phone. Virtual Contact enter Supports networked skills based assignment selection for voice and CTI data across up to 30 nodes in a single Virtual Contact Center. Reporting Granular and customizable real-time and historical reporting for voice and multichannel. Script!n / orkflb Built-in Graphical Orchestration Designer tool. Legacy text'based'scripting fully supported and can be imported into Orchestration Designer. Self Service Avaya Aura°Experience Portal,,Voice Portal, MPS 500 or MPS 1000 3.0,3.5 Outbound Campaigns Integrated preview and progressive outbound dialing with integrated campaigns manager or with the Proactive Contact solution. Workforce Avaya Aura°Workforce Optimization is fully integrated and does not require the separate Optimization configuration and licensing of DMCC, TSAPI and CTIA licenses. 9/11/2 13 12:07 PM BidSync Page 1283�pf13'V12 State of Utah Bid JP14001 UC Platform Avaya Aural Communication Manager Avaya Aural Solution for Midsize Enterprise Avaya°Communication Server 1000 (AML) Aerating system Windows Server 2008 R2, 64 bit Standard and Enterprise Editions, * VMware vSphere platform with ESXi hypervisor m Microsoft Hyper-V Client Windows lista Business SP1 or later * Windows vista'Enterprise SP1 or later ® Windows 7 • Windows XP Professional Service Pack 2 or later Server Hardware Customer supplied. Refer to the Avaya Aura Contact Center 6.3 Planning& Engineering {r` guide for further information: https-//downloads.avaya.com/Css/P8/documents/100167786 Supported';Agent Avaya Aura°Agent Desktop Desktop and Phones Avaya Aura°Communication Manager and AvayaAura°Solution for Midsize Enterprise platform phones: sr= 1-1323 phones:Avaya 1600 Series IP deskphones,Avaya 4600 Series IP deskphones; Avaya 9600 Series IP deskphones,Avaya 96x1 Series IP deskphones, Avaya one-X° Communicator Release 5.2 or later,Avaya Aura°Agent Desktop embedded softphone. Digital phones:Avaya 24xx Series deskphones,Avaya 64xx Series deskphones. SIP phones:Avaya 96x0 Series IP deskphones Avaya Communication Server 1000 phones: { Digital phones:Avaya 39xx Digital Deskphone,Avaya 3904 Digital Deskphone,Avaya 3905 Digital Deskphone. IP"phones and 5oftphones:Avaya 1120E IP Deskphone,Avaya 1140E IP Deskphone, Avaya 1150E IP Deskphone, Avaya 1200 Series IP Deskphone,Avaya 2002 IP Deskphone,Avaya 2004 IP Deskphone,Avaya 2050 IP Softphone 9/11/2013 12:07 PM BidSync p�'13�72 iW {{ State of Utah Bid JP14001 ,1r id r��asdspi ps 1a 1 � W ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by°'"' or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 05/13•GCC4745-03 BidSync Page 1285�pf131 Kl2 State of Utah Bid JP14001 AVAYA e ® � Avaya Professional Services Presence Services Implementation Company Overview Avaya is a global leader in enterprise communications systems. The company provides unified communications, contact centers and related Services directly and through its Business Partners to leading businesses and organizations around the world. Enterprises of all sizes depend on Avaya for state-of-the-art communications that improve efficiency, collaboration, Customer service and competitiveness. Avaya Professional Services (APS) offers comprehensive consulting, design, implementation and deployment for business solutions in support of Customer's business objectives. APS will work with you to determine the service delivery options which best meet your needs. For more information, please visit www.avaya.com. Services Summary Avaya Aura extends and enhances Avaya's long standing Communication Manager product with new capabilities and a revolutionary new SIP-based architecture that truly heralds a new era of business communications. The first step to realizing the advantages of a SIP architecture is to clearly identify the distinct and quantifiable elements of a SIP transformation and develop the technical plan to realize those benefits. This Avaya Professional Services offer is intended to provide a brief overview of the services related to the integration of the Intelligent Presence Services system within the Enterprise network. Value End Users: This service provides the Customer with the following: • The tools, expertise, and resources needed to install and integrate their Presence Services system to the Enterprise network. • Receive the experience, knowledge, and capabilities of Avaya Implementation and Professional Service organizations to help ensure successful high-quality implementations. Channel Partners: This offer provides our partners with the following: • The flexibility to select one service or an entire suite of services to match their Customer's particular needs and their technical expertise. Deployment Option Implementation Services Bundles The offer is structured based on services bundles plus add-on services. The tables below depict what's included or optionally available for each bundle. 1) Basic: not applicable 2) Standard: not applicable 3) All Inclusive:Within the All Inclusive service option, APS will provide hardware installation, and installation and configuration of the Avaya Aura TM Presence Services software, as well as Project Management. Expires December 31t", 2012 1 Avaya Inc. —Proprietary. Use pursuant to the terms of your signed agreement or Avaya policy. 9/11/2013 12:07 PM BidSync Page 1286 Ipf13'gl2 State of Utah Bid JP14001 AVAYA e APS Service Bundbes Basic Standard All Inclusive software Work+Hardware Soft lueWorki-Hardzv ' BurKMeActimbes SattwareWork Installation t Project t stalUate€r $ddanagement r Prcrrect P9anaaement Rernote Project Management optional On-site Project Idanagernent optional Optional Remote Project Scheduling s s Piagning and Dedra Stage Data Gathering f f f In taitatonStarre Hardware Installation Notes: 1)A dot(0) means the service is included in the bundle. 2)"Optional" means service can be purchased for an additional fee. 3) Blank means the service is not available with this bundle. Availability This offer is available globally through Avaya or Avaya Authorized Business Partner. Details may vary by region. Why Avaya Professional Services Avaya Professional Services turns your real-time communications solutions into a business improvement strategy for employee, supplier, and vendor interactions. Customers can leverage the capabilities of Avaya Professional Services at any stage of their solution lifecycle. Our portfolio is designed to allow Customers to engage us for a specific project need or as an end-to-end offering for complete oversight. Avaya Professional Services helps deliver business productivity improvement that meets Customer challenges and drives their business forward, so they can focus on growing your business. We focus on solving Customer challenges such as reducing Total Cost of Ownership, mitigating risk and accelerating a Customer's business. Whether a Customer chooses to work with one of our trusted partners or directly with us, you have access to the deep expertise of the Avaya team. Our extensive experience and horizontal, vertical, and technology expertise enable us to bring industry best practices to a Customer's organization and drive measurable business results. We have a global network of over 1,500 consultants, network architects, and project managers with an average 15 years of industry experience each and industry certifications from multiple vendors. Executing over 2,000 projects every month globally, our consultants' range of strategic, technical and management skills can apply across a Customer's communications network and our global resourcing model ensures the right specialist is deployed for every Customer's project regardless of geography. Expires December 31t", 2012 2 Avaya Inc. —Proprietary. Use pursuant to the terms of your signed agreement or Avaya policy. 9/11/2013 12:07 PM BidSync Page 1287 �pf13'V12 State of Utah Bid JP14001 AVAYA e ® aFor More Information This Offer Sheet and Service Description are not to be used for contractual purposes. To learn more about CBA Professional Services and how it can add value to your business, or other award-winning solutions and Avaya Global Services, talk to your Avaya Client Executive or Authorized Business Partner. Also, visit us at w\/vw.avaya.com. Direct Customers- For information regarding Avaya Products and Services, or to begin your quote today please contact your Account Manager or Authorized Business Partner. Sales Teams-For information regarding the service offerings included in the bundles, please contact the Support Hotline at 866-Avaya-66 (US) or 00-800-0235-4321(EMEA). When you are prompted to identify the solution you require information about, please say"APS Service Bundle". If you need assistance understanding how to correctly select the bundles, contact the Design Central Team at 888-297-4700 (US), 720-444-5800(Americas International), 31-70-414-8099(EMEA) or 65-6871-2693 (APAC). In this case, when prompted to identify the help you seek, please say either"Configuration" or "Design". To begin your services quote today, follow the steps outlined below that best suit your need: 1. For Avaya Sales Team requests: Go to Avaya Enterprise Portal, Tools, Sales Tools, Salesforce.com. 2. For Distributors and Partners whom have a contract agreement with Avaya to buy services direct, requests go to PRM at www.avaya.com/prmPortal. 3. For all other Authorized Business Partner requests, work through your Distributor. 4. Authorized Business Partners may quote/order a-la-carte services by visiting: http://portal.avava.com/ptlWeb/spCP/CS2006103115434830059/C20092512724292001/SN2009251340554 17094/SN200925134055417094. For additional questions or support regarding this offer, please email us at APSOffers(cDavaya.com. Expires December 31t", 2012 3 Avaya Inc. —Proprietary. Use pursuant to the terms of your signed agreement or Avaya policy. 9/11/2013 12:07 PM BidSync Page 1288�pf131 12 State of Utah Bid J P1 4001 Table of Contents Introduction Introduction..................................I There are so many factors reshaping enterprise networks today, from mobility and consumerization to video collaboration, network security, SIP-based A Closer Look at the Avaya applications and more. Aural Platform.............................1 What your enterprise does to adapt to these changes will have an impact far Why Now Is the Time for beyond your network. It's ultimately going to factor into how competitive you Unified Communications.........2 are. And how agile. How effectively you can attract and retain the best talent. Evolving UC&C Starts Maintain a consistent brand image across channels. Deliver customer service with Voice.....................................3 that is truly differentiating. The SIP Imperative....................4 Since its introduction in 2009, the Avaya Aural platform has been repeatedly singled out as a pacesetter in unified communications and collaboration SIP Without Compromise.......5 (UC&C).'That's in no small part due to the fact that each new Avaya Aura Scalability and Quality of release delivers the incremental capabilities that innovation demands. Service...........................................6 Virtualization............................... 7 A Closer Look at the Avaya Aura`', Platform For companies that are already using Avaya communications solutions—but Mobility and BYOD.................... 7 have not enhanced or upgraded that initial investment—the changes in Collaboration...............................9 enterprise networks combined with the significant advances in the Avaya Aura° platform offer an opportunity: Customer Experience...............9 Is now the time to take a closer look at the ways the Avaya Aura°solution can Resiliency......................................11 take your enterprise network to the next level? Is now the time to upgrade to Network Monitoring and the latest release? Energy Efficiency......................12 Different enterprises will answer these questions in different ways. The goal of Simplifying the Transition......13 this white paper is to help you answer them for your enterprise. Is Now the Time to Upgrade?................................14 Learn More..................................14 1.Avaya Positioned as a Leader in Analyst Firm's Magic Quadrant for Unified Communications,http://www.avaya. com/usa/about-avaya/newsroom/news-releases/2012/pr-120917?mobile=true 9/11/2013 12:07 PM BidSync avqQecf�gg 12 State of Utah Bid JP14001 Is the TimeitCommunications The growing demand for unified communications and collaboration (UC&C) Avaya has introduced significant solutions is a key part of the overall rebound in technology spending since the enhancements to the Avaya 2006-10 financial turndown. Aurala platform to meet today's According to the technology research firm IDG, UC&C solutions are "poised to challenges: become ubiquitous."2 In a survey of over 1,000 IT and business professionals, • Integration: Integrated IDG found 60%of them planning to implement or upgrade existing UC&C capabilities for video, presence, ! solutions within the next three years.Another analyst projects an 11.21 growth mobility and everyday user rate in enterprise investments in UC&C through 2016.3 productivity Mobility is a huge factor in the growth of UC&C:the growing presence of • Collaboration Interfaces: Major smartphones, tablets and other mobile devices in the enterprise took place breakthroughs in user despite the historically challenging economic environment. interfaces,such as Avaya Flare° Experience and Avaya one-X® But other factors are also playing a major role: software and easy-to-use, • Business is virtual:The four walls of the enterprise no longer come even close browser-based applications like to defining it.Your employees, partners, suppliers and customers can be Avaya Aural Conferencing anywhere. How easy you make it to connect and collaborate increasingly • video:Simplified "click to call i defines who and what you are as a business. personal video conferencing • Generational shift:The exit of the Baby Boomers and the rise of the solutions (e.g., Scopia°solutions Millennials has led to a growing number of people who expect the latest from Radvision, an Avaya mobile and social networking solutions. company;Avaya F I a re° • Global competition: New marketplace entrants in Asia and Latin America, Experience) while also providinggranular network unencumbered by legacy systems, take UC&C for granted. �, bandwidth management to help • Being green:UC&C solutions have demonstrated proven performance in ensure effective allocation of reducing commuting and business travel. network resources • Video:Video has moved out of dedicated facilities and across the enterprise • Scalability:Combining SIP through casual, cost-effective use on the desktop and on the go, delivering on scalability with reliability an expectation that has been talked about for decades. capabilities unrivaled in the As a result of these and other factors, while enterprises may differ in the timing enterprise market of their move to UC&C (according to IDG, the larger the organization, the faster • virtualization: Deploying the the move), it's no longer a question of"if" but "when." Avaya Aurae solution in a VMware environment, simplifying the move to the latest capabilities while also enhancing customer flexibility; 2.IDG 2012 Unified Communications&Collaboration Survey,www.idg.com 3.No Jitter,UC Market:What's Driving Growth?,http://www.nojitter.com/post/240005420/uc-market-whats- driving-growth {� 7 9/11/2013 12:07 PM BidSync '133 2 State of Utah Bid JP14001 Evolving UC&C rte with Voice IIS + Interestingly, the IDG survey found that as companies evolve their UC&C systems, they're more likely to start with voice- or telephone-centric systems. The Avaya Aurae platform is This reflects the fact that voice solutions have already addressed many of the specifically designed to provide` key performance and reliability issues that must be in place if true UC&C enterprises with a direct path to solutions are going to gain a secure role in the enterprise. the future of UC&C. The growth of UC&C also marks the continued evolution of the enterprise Just as significant,the Avaya network from a data pipe to an "applications-aware" resource that impacts AuraO solution makes it possible productivity and performance. "The network can no longer be relegated to to streamline and rationalize "lust a pipe" status with regard to IT strategy," says analyst Zeus Kerravala. "If existing architectures—knitting increased application awareness is not brought to the network, it could hinder together diverse architectures, successful network computing strategy.114 creating enterprise-wide dial plans, supporting the rollout of new features anywhere in their network and achieving significant Emerging Capabilities cost savings in network access - and ongoing management. The common denominator that makes all of this possible is the ,'�, i ' innovative way the Avaya Aura' OC . solution implements a SIP-based ., � � ° # architecture. nri ntiro �� s '7i!i 4.The Rise of the Network Has Made it Crucial to User Experience,Zeus Kerravala,January 2012, 9/11/2013 12:07 PM BidSync 312 State of Utah Bid JP14001 The SIP Imperative Y The SIP implementation in the Avaya Aura°platform enables connection and feature consistency across endpoints. For users this means: . Getting the same features on their mobile devices as they have on the desktop Enjoying a wide range of opportunities for application- communication integration across service and application' providers'. * Taking advantage of the The transition that is now taking place in enterprise communications is additional security that exceeds unfolding across several dimensions: what's possible on more - Traditional PBXs to IP/SIP solutions traditional protocols like H.323 • Single-mode communications to unified communications • Changing modalities: mobility, collaboration, Bring Your Own Device (BYOD), the cloud Enterprises that successfully navigate these transitions have the opportunity to see a dramatic increase in performance and agility.A foundation based on SIP is critical to all of these transitions. The Avaya Aural platform, through Avaya Aural Session Manager, delivers a true SIP-based unified communications core. Operating on a SIP-based core— as opposed to our competitors' networks of SIP-based switches connected in tandem—makes it possible to deliver advanced voice,video and text-based collaboration capabilities to users regardless of their location, and regardless of the specific switch they are connected to. Avaya Aura°Session Manager builds on a customer's existing equipment and applications, connecting gateways, service providers, SIP-enabled adjuncts, and SIP telephones. It can also connect to third-party PBXs and small key PBX systems within branch offices. Session Manager combines its strengths with Avaya Aural Communication Manager, which can be deployed as a SIP-only Feature Server or as an Evolution Server, serving both SIP and non-SIP endpoints with rich UC&C features and capabilities. L 9/11/2013 12:07 PM BidSync '135 2 State of Utah Bid JP14001 MI... I I Mon I a. . M_ SIP Without Compromise A key reason for the widespread acceptance of SIP is the way it radically Avaya Aura°Session Manager simplifies communication between people, places, devices, applications and scales to support up to 350,000 services. busy hour call completions But one area of resistance to SIP has been concern over "giving up" any of the (BHCC) per Session Manager and hundreds of communications features that were once common on traditional up to 3.5 million BHCC across an Avaya communications switches using TDM or the H.323 protocol. enterprise network.This scale and performance is driven by the At its introduction, the Avaya Aura°solution provided support for the vast underlying architecture of the majority of the hundreds of traditional calling capabilities enterprises rely on Avaya Aura"platform,which most. Since then, each upgrade of the Avaya Aural platform has included delivers more efficient server support for capabilities that enhance its day-to-day performance in utilization and more economicalmeasureable ways. For example, features such as Enhanced Call Forwarding, communication services. Enhanced Call Pickup Alerting, Team Button, Group Paging, Internal Calling Party Number Block, Call Park/Un-Park, Third-party Message Waiting The scale and performance Indication and Transfer to Voicemail have all been recently added to the list of muscle means that even in its supported SIP call features—a list that now includes over 90% of the call smallest configuration, the Avaya features available on traditional IP Phones. Aurae platform provides the best technical solution for maintaining These and other capabilities are supported across SIP-based clients regardless network integrity and of location or the specific switch where the user may be located. communication functionality. Other examples of Avaya's commitment to SIP without compromise include: transparency:Avaya has taken the steps needed to deliver reliable DTMF signaling functionality needed for messaging, conferencing and other applications in mixed SIP and H.323 environments. • SIP call and connection reservation: This allows the reconstruction of stable calls and the ability to manipulate calls in queue in the event of a network or Session Manager failure. • Emergency numbers: Up to 10 emergency numbers can be administered per location. This flexibility provides adaptation for local requirements, including countries with more than one number, and allows the integration of the Euro- wide 112 number to be employed alongside specific country numbers. 9/11/2013 12:07 PM BidSync '136 2 State of Utah Bid JP14001 win= Scalability and QualityService The Avaya Aura°platform supports multiple registrations of SIP devices: up to three different Session Manager instances. While r " ' this is designed to ensure that customers can engineer their networks for the level of reliability ,,; they desire it almost inevitably increases scalability requirements. Regardless of the While a SIP foundation is critical to streamlining existing architectures and configuration,the Avaya Aura° evolving to UC&C, so are scalability and quality of service. The dimensions of the solution is ready. shift to real-time communications and collaboration pose major scalability issues: • Video endpoints now account for more than half of all endpoints sold on enterprise networks.5 • Some 150 million people use their own phones and tablets at the office, often for video and other bandwidth-intensive content. That number will more than double in the next few years.6 • In addition to user productivity tools, enterprise networks continue to handle a wide range of SIP and non-SIP endpoints, including fax machines, imaging devices, storage and more. To meet scalability and performance challenges—as well as provide a foundation for reliability—the capacity of the Avaya Aural platform has more than doubled since its introduction: Endpoints:The core Avaya Aura°architecture can now provide the horsepower required to handle up to 250,000 connections, or endpoints. Trunks:The maximum number of SIP trunks allowed on a single Avaya Aura° Communication Manager has been expanded from 7,000 to 24,000, with up to 12,000 trunks in use simultaneously. S.Cracks appearing in immersive telepresence market,Infonetics Research,http://www.infonetics.com/ pr/2012/1Q12-Enterprise-Tel epresence-and-Video-Conferencing-Market-Highlights.asp 6.Security Headaches:BYQD Users Expected To Double By 2014,Juniper Research,http://www.informationweek. com/byte/pe rsona I-tech/smart-p hones/security-head aches-byod-usersexpected-t/240005060 9/11/2013 12:07 PM BidSync 37 2 State of Utah Bid JP14001 Virtualization Virtualization hes played a major role in data center consolidation. Spreading applications across multiple servers makes better use of often idle capacity and provides more flexibility in terms of administration and data center management. The Avaya Aural platform has now been adapted for deployments in virtual environments, giving customers the choice of using the VMware option or continuing to deploy the Avaya Aural solution in the appliance model with r ' '= servers provided by Avaya. For customers who want to migrate to the latest collaboration solutions such as the Avaya Flare° Experience or Avaya Aura° Conferencing 7 but hesitated, Avaya Aura°Virtualized Environment provides a hardware-efficient, simplified option for upgrading to the latest Avaya Aural release and adding the latest Avaya Aura°capabilities. t E Mobility and BYOD The shift to mobility in today's enterprise is huge: • In 2009, when the Avaya Aura°solution was announced, less than one in five people in the U.S. used a smartphone. Today, it's over haIf.7 • Most employees now juggle an average of 3+ mobile devices—a tablet, a laptop and a smartphone—all of which have data communications and collaboration capabilities." • Ninety percent of employees already spend at least some time working off- site, and their numbers are expected to reach 1.2 billion by 20139 7.America's New Mobile Majority,Nielsen Wire,http://blog.nielsen.com/nielsenwire/online_mobile/who-owns- smartphones-in-the-us/ 8.Connected Mobile Workers Power Innovation To New Heights,Forrester,March 2012,http://www.avaya.com/uk/ resource/assets/whitepapers/BCL%20-%20Mobile%20Collaboration%20-%20Connected%20Mobile%20 Workers%20 Power%201 n novation%20-%20 M ar%202012.pdf 9.Plantronics,How We Work:Communications Trends of Business Professionals,http://www.plantrotiics.com/us/ howwework/ {� 7 9/11/2013 12:07 PM BidSync '136 2 State of Utah Bid J P1 4001 The Avaya Aura°platform provides the critical foundation for mobility and its implementation of SIP is well suited for mobile environments.Virtually all new smartphones, tablets and other mobile devices are SIP-based. The Avaya Aural solution delivers the cross-device management and functionality that makes it possible to effectively integrate these devices under the enterprise umbrella: • With SIP as the binding technology on the back-end, users can deploy the same features on their mobile devices as they have on the desktop. • With SIP as the underlying transport mechanism, it is easier to integrate with other platforms and applications that follow the open SIP standards. The latest releases take more steps to creating truly people-centric collaboration using mobile devices: Device Interface:Avaya not only makes it possible to implement standardized user interfaces across devices—it is creating them, including both the portfolio of point-and-click Avaya one-X°clients (for PCs and smartphones) and the innovative gesture/spotlight-based Avaya Flare' Experience (for tablets and PCs).Avaya Flare° Experience is perhaps the industry's leading example of a SIP-based endpoint solution specifically designed for collaboration. These solutions enable users to take advantage of their device of choice, while still integrating and managing conferencing, Web collaboration, directories, contextual history, social media, presence, IM and more. Presence: Incorporating a presence engine (Avaya Aura° Presence Services) as part of the Avaya Aural solution means robust presence notification capabilities can now be implemented without incurring the expense of third-party solutions. Avaya Aura° Presence Services now includes integration with Microsoft Office Communications Systems (OCS), Lync and other popular IM platforms. Network Security:The Avaya Aura° platform establishes the critical baseline network-access control that is needed for the new era of mobility. The SIP- ,Mv, based capabilities deliver the additional security that cannot be provided by traditional protocols: - Maintaining common profiles for each user that can be accessed anywhere in the enterprise - Authenticating users before allowing access to applications - Delivering deep packet inspection and a SIP firewall to isolate applications from threats by malicious users and devices - Integrating with Avaya Identity Engines which provides a centralized point for establishing network access policies ava�46�j�g-6 'g12 9/11/2013 12:07 PM BidSync .�'3 State of Utah Bid J P1 4001 Collaboration As mobile communications options increase, employees find themselves more connected but not always more productive.As people work further apart, they need new tools to help them work closer together. For these reasons and more, effective workforce collaboration is a critical part of any business strategy today. The Avaya Aura°solution now delivers an array of SIP-enabled applications specifically designed for collaboration: SIP-enabled Conferencing: In 2012, Avaya introduced Avaya Aura° Conferencing, which takes advantage of the open, standards-based SIP architecture to deliver unified voice and Web collaboration, including document sharing, IM/presence, e-mail and consolidated corporate and personal TM will _n� directories. It works with the Avaya Flare° Experience on Apple iPad tablets and Microsoft Windows PCs or laptops.Just as compelling,Avaya also introduced a zero-install, Web-based conferencing interface that works through any Web browser. 3D Conferencing:Another powerful example of the kinds of applications that are possible is AvayaLiveT" Engage—the virtual, avatar-based Web conferencing application that provides a flexible, multidimensional interaction environment for online meetings, training, recruitment, team building and more. Going Beyond Presence: Having delivered presence, the Avaya Aura°solution is already moving onto the next stage:awareness—telling you not only where people are located and whether they are online but also what content needs to be shared. Avaya is already experimenting with "awareness filters" for Avaya Flare° Experience: as you drag and drop contacts to set up a conference call, Avaya Flare' Experience analyzes the connections and pulls in documents related to that project. While awareness capabilities are just being considered for enterprise-wide deployment, they are already being implemented by Avaya in its contact center solutions (see below). Customer Experience There is probably no area of business that has undergone more change than customer service. Customer service is now fully multichannel. This gives companies more access to their customers. But, at the same time, consumers have gained greater control over the relationship through the ability to research online, get recommendations, make recommendations and quickly spread the word about positive and negative shopping/brand experiences. ava�4�yA� � .12 9/11/2013 12:07 PMBidSync .�3 State of Utah Bid JP14001 Video has assumed a much larger presence in enterprise networks. The quality and convenience is now i �i, r s ? L �s� € there to make it a go-to option for any meeting where travel is inconvenient(and not cost- IR effective)and where the visual � Ih exchange of information can impact value. In a multichannel world, equipping your contact center agents to handle e-mails The Avaya Aurae solution meets the ' and texts as well as phone calls is no longer enough. The new era of customer huge demand for video,offering its experience management is all about orchestrating customer engagement own solutions for desktops, mobile across all touch points. To do that, a sophisticated SIP-based infrastructure is devices and traditional meeting the critical first step. A SIP architecture enables the application, context and room systems(solutions from ' multimedia integration that customer service requires today. Raduision, an Avaya company), while also supporting those of As the global leader in contact center solutions,Avaya has already taken third-party;providers. advantage of these and other capabilities to create the unified Avaya Aural Just as important, recent releases Contact Center(AACC). have addressed the bandwidth Unified Agent Desktop:Agents can use a single interface to manage issues that have led many multichannel contacts (Web chat, e-mail, etc.). Because interactions are enterprises to postpone their video °`session-based," participants can move across media without being transferred deployments or implement costly or otherwise interrupting the interaction. and inefficient standalone solutions. The Avaya Aurae solution now Context: Information that is critical to managing a customer is made available makes it possible to set bandwidth from the very start of each interaction.Avaya Aural Contact Center takes the allocations between voice and call, gathers all pertinent customer context (including the requisite customer multimedia traffic;allowing account number, history, and anything else that's pertinent) and matches it to bandwidth to be allocated the most appropriate agent. The agent simultaneously has the right resources, depending on current traffic levels including any potential experts, displayed along with the call. and prioritizing traffic based on the Social Media: The solution manages social media as well: agents can respond to applicationor the location of the ' social media postings such as tweets and Facebook updates, but in a single user. When bandwidth is at a ' consistent view, making it easier for the agent to get the full picture without premium, instead of simply not ' having to go to a separate screen or application. completing the voice call or degrading the signals, the solution Self-service Integration: Self-service options are also fully integrated—not a can automatically"downspeed separate channel.Avaya Aura° Experience Portal allows for a seamless handoff video calls to allow voiceof customer data to the agent from any self-service session. communications to proceed. ave 814�i 12 9/11/2013 12:07 PM BidSync 3 State of Utah Bid J P1 4001 Resiliency Resiliency and reliability are critical to the success of real-time communications—this is as true today in the era of video and collaboration as it was in the era of telephony. The Avaya Aural platform was introduced with powerful continuity capabilities and has continually enhanced them to make it possible for organizations to use their communications infrastructure to quickly redirect and re-deploy resources whenever and wherever they are required. The solution supports active-active configurations which can go well beyond the traditional N+1 active-standby architectures. Session Manager's ability to configure one endpoint to multiple servers, combined with expanded scalability, means that network managers can engineer the network to what is needed, instead of being bound to inadequate capacity limits. And by sharing the enterprise's database across all instances of Session Manager, any Session Manager can be replaced by any other Session Manager in the network. This provides "hot" failover that does not require initialization. A SIP network of Avaya Aural Session Managers and Communication Managers can handle multiple failures of the network or network elements and continue to provide service at full enterprise capacity. Session Manager also supports Call Preservation in the event of a network or Session Manager failure in the core. This capability allows calls in queue in a contact center to be processed in the normal way without any interruption or loss in service. 9/11/2013 12:07 PIVI BidSync 3 12 State of Utah Bid J P1 4001 Network Monitoring and Energy Efficiency Given the wide range of applications and users accessing real-time network resources, IT organizations need tight control through real-time data on resource utilization as well as comprehensive historical data so that network resources can be monitored and optimized based on business requirements. The Avaya Aural platform provides centralized tools that monitor and report on: • Message traffic and contents • Network bottlenecks to show how multiple applications are collaborating • Faulty applications • Application quality issues like voice and video artifacts or noise Avaya Aura°System Manager's new tab-based administration interface allows lightning-quick screen changes between operations. In addition, System Manager simultaneously supports multiple Session Manager releases for flawless system upgrades. Avaya industry-leading energy efficiency delivers immediate operations savings by reducing the amount of power that is directly used to run a given set of equipment, while also enabling savings in energy consumption through reductions in cooling. �1v i.b-Q Avaya Aura=System Manager 6.2 AVAYA Endpvints rad yimiws: .............. Ift'._10,ILI. .0p-x Pndrairvls 'n,1-1 .......... ava)()� CqSb 9/11/2013 12:07 PMBidSync g Ol.h3 12 State of Utah Bid J P1 4001 Simplifying the Transition Many if not most enterprises have varied and complex communications infrastructures with legacy equipment and applications from a range of vendors.Avaya has implemented numerous capabilities to simplify the transition to the Avaya Aural SIP-based solution: Legacy: Recent releases support connectivity to older versions of Communication Server 1000, Communication Server 2100, and Business Communications Manager systems, and offer the advantages of innovative "implicit" user sequencing to all endpoints on these existing systems. With Communication Server 1000 Release 7.5, implicit user sequencing is even available for intra-Communication Server 1000 calling. In addition, the core Avaya Aural Session Manager can be used for legacy Network Routing Server (NRS) replacements. For enterprises looking to migrate their legacy Communication Server 1000 Network Routing Service (NRS), a Routing Data Conversion Tool (RDCT) is provided to simplify the transition. Cisco: The solution also supports connectivity to Cisco and other third-party PBXs. Cisco endpoint support allows customers to use their existing Cisco endpoints with the 6.2 release of Session Manager and Communication Manager. No special administration for Cisco phones is required as Avaya Aural Session Manager detects the Cisco phones and applies the adaptations automatically. Deployment options: Finally, to simplify the transition to SIP-based environments,Avaya Communication Manager can be configured as an Evolution Server, which allows it to support a mix of SIP and non-SIP solutions; or it can be deployed as a Feature Server in an all-SIP environment.Applications can now be sequenced based on the media requested:voice,video, text or any combination of the three. ova 9/11/2013 12:07 PMBidSync y)�d.,q Sb 1 12 State of Utah Bid J P1 4001 Is Now the Time to Upgrade? Much has changed for today's enterprise communications networks. Much will continue to change. But there is a great deal that won't change at all. What won't change is the ongoing re-invention of the network, from: • An undifferentiated backbone utility into a source of real-time competitive differentiation • A pipe carrying voice and data into an enterprise resource organized around the needs of employees, management, partners, branch offices and more • A technology defined into organizational, technological and functional silos into one that is the very embodiment of multifaceted awareness—context-aware, application- aware and identity-aware • A resource designed for predictably into one designed for dramatic changes in user behavior and volatile surges in traffic The Avaya Aural platform was designed for this new era of enterprise network and continues to lead the global market through innovations that deliver real results to our customers. Are you ready to step further into the future of enterprise networking?Avaya is ready today to take you there. Learn More To learn more about how the Avaya Aural solution can bring the substantial benefits of unified communications and collaboration to your business, speak to your Avaya Account Manager or Avaya Authorized Partner. @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @,T1,or SM are registered marks,trademarks,and service marks,respectively,of Avaya Inc.or Radvision,an Avaya Company.VMware is a registered trademark of WMware. 12/12•UC7180 9/11/2013 12:07 PM BidSync ,(;q ga j 6k3'V12 State of Utah Bid JP14001 AVAYAi, Avaya Aura'R Create a Differentiated ! � " Customer Experience by � � Harnessing the Power of Avaya Aura" Workforce Optimization ,? Avaya ,dura° Workforce Optimization helps businesses balance efficiency and effectiveriess by utilizing the contact center strategically rather than just a� an organization that fields calls. Not only die Avaya ,dura° Workforce FIiT .�g s Optimization give businesses a better understanding of customer satisfaction and dissatisfaction, it offers Intelligence that allows the business to operate more efficiently. Processes that were cumbersome and cawed dissatisfaction can be easily Identified and modified. Agents who are riot getting the proper training or assisting customers appropriately can be Identified and coached. The Avaya AuraO' Workforce Optimization solution provides businesses with a deeper and more meaningful look at customer interactions. Avaya Aura®Workforce Optimization unifies How to Leverage of business processes supporting a customer- Contact Recording, Quality Monitoring, el-earning, centric strategy that influences your corporate Workforce Management, Speech and Desktop Workforce Optimization to top and bottom lines. From providing sales and Analytics, and Customer Feedback under one your Greatest Advantage service to gathering customer intelligence to platform that provides a single user interface and disseminating information for decision making centralized system administration and reporting. In today's business environment, it is vital throughout your organization, your contact With Avaya Aural Workforce Optimization,your to invest in and extend customer service center—and the people who staff it—can be contact center and back-office operations can across your enterprise. Inconsistent customer formidable strategic assets. capture, share, and act on information from experiences can result in missed revenue across the enterprise. As a result,you can make opportunities or worse yet, may even drive A strategic component of any contact center, better decisions faster,and benefit from a single, your customers away. An untrained workforce customer-centric solutions like Avaya Aural coordinated source of support, service, and can drag out average handle times, increasing Workforce Optimization allow you to make maintenance with a lower total cost of ownership. your costs, and treating customer service as an better decisions faster so you can optimize your Avaya Aural'Workforce Optimization is the isolated part of the business diminishes it as an business processes and returns.Through Avaya's solution you need to transform customer service enterprise asset. The right solutions can help comprehensive solution both real-time and from a detached business function into a strategic your company transform customer service from a historical customer and operational data can be enterprise asset. detached business function to an integrated set collected,organized, and analyzed. OVERVIEWPage 1303�Pfi314�12 9/11/2013 12:07 PM BidSync State of Utah Bid JP14001 Zi, Avaya Aural'Workforce Optimization provides a Refine your forecasts and performance goals search and replay recordings by a wide variety closed-loop system for continuous performance based on the valuable data you've collected of "tagging" parameters. Full-time desktop improvement, enabling you to: screen recording is also available. • Establish realistic forecasts and Get the Most from Your performance goals Quality Monitoring–By adding Quality Monitoring and to Contact Recording, businesses will have an • Schedule and deploy the right number ofPeopleintegrated application that allows supervisors to staff–whether in the office or home-based Technology monitor complete interactions and score agents agents–with the appropriate skills to meet The Avaya Aura Workforce Optimization on their performance. Avaya Quality Monitoring customer needs solution is designed to optimize agent captures the on-screen activity of agents, such as • Capture customer interactions–in their data entry, screen navigation and data retrieval, p performance and business processes, reduce entirety–through full-time recording, based risk, uncover business trends and competitive and synchronizes it with the voice recording on user-defined business rules, or through advantages, and enhance customer service and captured by Contact Recording. During replay, random or on-demand recording relationships across your organization. this provides a complete and comprehensive view of the customer interaction. Quality Monitoring • Securely record and store transactions also provides several contact center agent to meet Payment Card Industry (PCI) Contact Recording–The Avaya Aura Workforce y y Optimization Solution includes a software- performance enhancement tools. Flexible forms Data Security standards through optional design, reporting, and graphs allow team leaders encryption management based recording solution that captures ryp g customer interactions across a wide range of and supervisors to calibrate quality metrics, • Measure performance to identify excellence channels. With rich integration to the Avaya evaluate interactions, and coach staff. and areas for improvement Unified Communications platforms, it captures voice and data interactions in IPTDMSIP eLearning– It's easy to use captured customer , , • Apply intelligent analytics to customer interactions to create a library of best practices for interactions to investigate opportunities for and mixed telephony environments, as well as training your agents. By editing select contacts and optimizing people, processes, technologies, handles high-volume recording for compliance creating"learning clips" specific to your business, and customer relationships and sales verification. Record audio across you can rapidly address skill gaps, respond to multiple sites in bulk, on-demand, or based • Take action by delivering targeted training or on predetermined business rules in addition changes in processes and regulations, and get your re-engineering processes to orecording conference calls. You can also staff up to speed quickly. It's ideal for products and services, campaigns and programs, or policies with a limited shelf life—something that's just AV. not practical with traditional course development i YA software. Training sessions can be automatically assigned and delivered directly to your agents' desktops based on scorecard results and/or quality monitoring evaluations. Supervisors can7 •' �� _ _._ A sr( also manually select and assign the appropriate a � srs r loilg m -1�` mT'�, w - L4 training sessions from a library of courseware. mem- can even Employees assi n lessons to themselves g 91 to brush up on specific skills proactively. Workforce " Optimization then provides course completion ft V, reports and flags subsequent interactions, allowing =u you to gauge the effectiveness of the training and kium %ke. CA identify any remaining knowledge gaps. Performance Management Coaching–Coaching •,. "� n has a long history of being successful in - t jj creating change in a person's performance. The pm E � 3 face-to-face or person-to-person interactions hold intrinsic value that cannot be replaced 1 by other techniques. Coaching techniques are easily performed and can provide a high value Figure 1. Quality Monitoring Scorecard 1/2013 12:07 PM BidSync Page 1304�.fi314�i12 State of Utah Bid JP14001 i, and return on investment when compared to the initial cost and effort. Managers can 1 4 >> view coaching events for their teams and w r schedule coaching sessions proactively, which is unified with the rest of the Avaya Aural Workforce Optimization solution. Point-and ` �t „�ta�,ts� � t "£r; F { ,tis "w k '£� - click fields make it easy to set up meetingsfit and attach relevant information to the online coaching form, such as recorded calls, KPls, � OM Eft or evaluations. Managers can either deliver the �i coaching sessions themselves, or assign the 4x'.vh'-r 14:r� evWit� coaching role to others. At the conclusion of a Y �r session, coaches can enter their comments into the coaching form to underscore the key points _ � `' 1� - ` ' 01�'�' l ' covered during the discussion. Employees then have the opportunity to provide their feedback F , on the session. IIr f Workforce Management–There's never an exact y formula for predicting the workload of calls, ' 4 ,:2�Sr1 4 ill r ii0r,,.r,.,Mai ;'„ r" ,z..r�,;`r;,(rryt��i�\llilll�lu<,irjla�Si1ir112£a��4i(it��££tialaf�trla��a?21alf,t<i,\?<Su�<'<}b�}�1a�il��ztU��s. ,�si. °t,,.z�, emails,and chat sessions.That's why the Avaya Workforce Management Solution provides a '" " variety of methods for selecting, combining, Figure 2.Workforce Management People Scheduler and refining historical data for forecasting future transaction volume and handle time across queues.You can set profiles to model call behavior for different types of events and Centralized Administration and Reporting–The Platform Flexibility–The Avaya Contact Avaya Aural'Workforce Optimization solution Recorder(ACR) has been designed to integrate circumstances, as well as work out complex "what if' scenarios to ensure that you have provides centralized administration across with a wide range of communication solutions the right staff to support your customer service multiple sites—enabling you to make better from Avaya including Avaya Aural contact operations. Avaya Workforce Management decisions faster, and implement them right center (AACC), Avaya Communication Manager, automates scheduling using powerful, patented away. You can administer staff information Avaya Communication Server 1000 (CS1OOO), algorithms that take business processes and from a single point in the system, significantly and Avaya Proactive Contact This in-built employee proficiencies and preferences into lowering administration overhead and total cost integration helps reduce complexity and account. As a result,you can quickly and easily of ownership. A common reporting engine with a maintenance costs. All of the contact center's produce schedules that maximize the efficiency single report writer across the complete solution data can be migrated/ upgraded from previous of your contact center, enabling you to deploy enables you to choose from an extensive set of Avaya QM, WFM, Scorecards, Coaching and the right number of agents, with the right skill standard, pre-configured reports, or conduct Learning applications releases. sets, at the right time. Contact centers that are ad-hoc queries for more sophisticated and overstaffed are not operating efficiently,therefore custom analysis of your operations Solutions for Your draining precious budget resources. And because Desktop and Process Analytics (DPA)–Desktop the Avaya Aura Workforce Optimization solution and Process Analytics provides the ability to Business Challenges is fully integrated, businesses have the ability to You're considering new business use quality scores as a factor in agent schedules. monitor and improve employee performance g by capturing and measuring their desktop communications solutions for one simple Agent quality scores can be imported from application activities. DPA provides an reason: success. Whether it's driving down the quality monitoring application and used to schedule staff.This ensures consistent customer objective and unbiased visibility into how work costs and increasing revenue, meeting demand service levels across shifts through the right blend is performed at the employee desktop. This for new ways to interact with customers, enables process automation, process guidance enabling Web-based transactions and self- of agent skills.You also can improve your bottom and real-time interaction with employees to service, or creating a service experience line when you're able to schedule your most create consistency in how work is performed at customers won't find with your competitors, productive agents during peak periods. the desktop. your challenge is as unique as your business— 9/11/2013 12:07 PM BidSync Page 1305�pf1314 State of Utah Bid JP14001 OPTIMIZE YOU OPERATIONS FOR A BREAKTHROUGH CUSTOMER EXPERIENCE Deploy a single-provider, unified solution that combines contact �`f`r� recording, quality monitoring, eLearning, workforce management, �j�i� t speech and data analytics, and customer feedback functionality, ` �" helping your business generate additional revenue and increase profitability; improve staff productivity and performance; and optimize customer relationships \t(? ??' • Transform your business into a custorner-centric organization v, by by delivering first-rate service, consistently and cost effectively, �` ;� � } across different communications channels and locations • Streamline processes, ensure consistent service levels and quality, and uncover valuable, previously undiscovered } 3) information through tightly integrated applications • Obtain customer intelligence and competitive insight from multiple channels and use it strategically to make aria lytics-driven business decisions, enhance staff skills, foster customer satisfaction, and build competitive differentiation • Securely record and store media in adherence to PCI-based security guidelines through optional encryption management functionality • Increase staff satisfaction and retention by providing employees with input into their schedules and insight into their performance • Leverage captured customer interactions to build a library of best practices for training your workforce, and perforin assessments to gauge skill acquisition and knowledge retention and your definition of success. Your solution Use our Experience flexibility in choosing the services needed must deliver on your terms. The contact center to best support the unique needs of your Portfolio from Avaya meets the challenge. Built to Your Advantage contact center and your business. Services on proven technology and best practices from Take full advantage of Avaya's recognized include planning, design, integration, and Avaya, it's how businesses around the world strength in voice heritage, application comprehensive support. To learn more about achieve their unique communication objectives. development, global services and industry the Avaya Contact Center Portfolio and leadership with out experts around the world. Workforce Optimization solutions, visit Avaya Global Services provides a suite of www.avaya.corn, or contact your Avaya Client services designed to give you maximum Executive or Authorized Avaya Business Partner today or call 866.GO.AVAYA. About Avaya Avaya is a global provider of business collaboration avid communications solutions, providing unified communications, contact centers, data solution AVAYA avid related services to companies of all sizes around the world. For more information please visit www.avaya.com. The Power of We'" 0 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries. All trademarks identified by 0,TM or SM are registered marks,trademarks,and service marks, respectively,of Avaya Inc. All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. 07/11 •GCC5250-03 9/11/2013 12:07 PM BidSync Page 1306 Ipf13'V12 State of Utah Bid JP14001 AVAYAi, Integration with IBM Sametime:Avaya Aura Application Application Avaya Aura'R Enablement Services integrates with IBM Lotus Sametime.The enterprise-class integration provides click-to-call, click-to-conference, and telephony Enablement Services presence capabilities from IBM Lotus clients.With Avaya's integrated telephony presence feature, Simplified integration with hundreds of communications Sametime users can see who is on the phone even and business applications. when that user is not logged into Sametime. Overview municate" features provided by Avaya with seamless Integration with Microsoft Office Communicator:Avaya integration into their chosen desktop environment. Aura Application Enablement Services makes Avaya Aura Application Enablement Services pro- possible numerous desktop telephony features such vides developer interfaces for both off-the-shelf and Avaya Aura Application Enablement Services as click-to-call and exchanging Avaya telephony custom integrations with hundreds of communica- also integrates Avaya Aura Communication presence with other Microsoft Office Communicator tions and business applications such as Microsoft Manager with our own Contact Center products users. These features improve the efficiency and Office Communicator and IBM Lotus Sametime, as including Avaya Interaction Center, Avaya productivity of the enterprise worker by eliminating well as a broad range of contact center, call record- Proactive Contact, Avaya Voice Portal, and the manual aspect of dialing numbers and driving ing and click-to-dial applications. Avaya Contact Center Express to deliver best all their communication operations to a single in class Contact Center solutions. Using desktop interface. It includes an enhanced set of telephony applica- Avaya Aura Application Enablement Services, tion programming interfaces(APIs), protocols, software developers can deliver added value by Integration with IBM Websphere CEA: Avaya Aura Web Services, and direct IP access to media, and developing their own complementary Contact Application Enablement Services integrates Center applications. with IBM Websphere Application Server (WAS) supports standards such as Computer Supported Communications Enabled Applications (CEA) Telecommunications Applications(CSTA),Java to allow Websphere IT developers to easily and Telephony API (JTAPI)and Telephony Server API Key Customeret rapidly add Avaya communications capabilities (TSAPI)that expose Avaya Aura'Communication • Improve worker efficiency and productivity by elimi- to their applications. Manager features. This makes the full-functionality nating manual dialing and driving all communi- customization capabilities of Avaya communication cation operations to a single desktop interface Third-Party Call Control:Avaya Aura Application solutions accessible to corporate application devel- (i.e., Microsoft OC or IBM Sametime client). Enablement Services provides adjunct control of telephone calls (e.g. third-party call control) opers, third-party independent software vendors More efficiently develop and integrate its call control APIs(TSAPI,JTAPI, gh throu (ISVs), authorized BusinessPartners, and systems applications for business solutions by throuCallVgh LAN (CVLAN) and DEFINITY LAN integrators.All of these services are integrated into leveraging Web Services interfaces. Gateway(DLG))to complete adjunct routing of a single, secure, scalable, software application with • Favorably impact Total Cost of Ownership with incoming calls, report various events to an adjunct, management, redundancy and fail-over capabilities the latest IP-based call recording solutions. provide notification/control for a specific station/ to support mission-critical business needs. • Increase uptime for critical applications and call, perform adjunct invocation of switch features lessen disruptions utilizing a secure, load- and respond to adjunct queries for information. Using Avaya Aura Application Enablement Services, balanced, and redundant communication link TSAPVJTAPI software developers can write client applications to Avaya Aura Communication Manager. Enablement Service:Avaya Aura Application Enablement Services with Avaya Aura in the programming language or protocol of their . Enterprises can create their own applications Communication Manager and Avaya Aura' SIP choice—enabling customers and DevConnect using Software Development Kits (SDKs), Enablement Services provides the ability to control partners to integrate Avaya Aura with hundreds of training, tools, documentation, and developer Avaya SIP endpoints via TSAPI/JTAPI. communications and business applications. support from Avaya. Avaya Aura Application Enablement Services Device and Media ControVFundamental Third-Party provides a server-based software solution that Feature Summary Call Control: Device, Media and Call Control enables IBM Lotus Sametime or Microsoft Office (DMCC) exposes the powerful feature set of Automatic Failover: Eliminates Avaya Aura your Avaya telephony server through an open, Communicator leverage the capabilities Avaya Application Enablement Services(AES)as a single standards based,Java and Extensible Markup Aurae Communication Manager software. Byy inte- point of failure b ensuring that if one Avaya Aura grating the Avaya Aura Application Enablement y g y Language (XML) programming interface. AES server fails, the second Avaya Aura AES server Services platform in the customer's enterprise net- automatically takes work,end users can access the set of "click to com y over. Web Services: Avaya Aura Application Enablement Services provides the ability for FACT SHEET y Page 1307 �pf13'gl2 9/11/2013 12:07 PM Bids nc traditional IT application developers to interface collected by the cA4*&fs MP Management Requirements and Supportecp""I with Avaya Aura Communication Manager application, allowing the customer to view perfor- Servers: through standard Web services via Simple mance data from multiple Avaya Aura Application Object Access Protocol (SOAP)/XML methods. Enablement Services instances along with data —Dell PowerEdge R610(new deployments only) This provides developers with a familiar way of from other elements in the customer's network. _ S8800 implementing new and innovative solutions. — S8510 (upgrades only, no automatic Security and High Availability: Provides secure failover and no capacity increases Telephony Web Service:Allows telephony functions transport between Avaya Aura Communication for S8500) such as click-to-dial to be incorporated into the Manager and the Avaya Aura Application Operating System: Red Hat Enterprise customer's current web applications. Enablement Services platform. This application link Linux 5 Update 5 greatly improves network security and reliability by System Management Service: Provides a way for providing link encryption, redundancy, automatic Third-Party Integration: applications to programmatically access and load balancing and transparent link failover. The — IBM Lotus Sametime 8.0 and 8.5 administer a subset of administration objects application link capabilities are standard with Avaya —Microsoft Office Communicator 2007 RIs on Avaya Aura Communication Manager. This Aura Application Enablement Services. This greatly 1 and RIs 2 (also continues to support enables a wide range of applications that can enhances end-to-end solution reliability by adding Microsoft Live Communication Server 2005) provide value by manipulating Avaya Aura link resiliency to preserve application session Communication Manager features. System continuity during link outages of up to 30 seconds. Capacity Management Service (SMS) also supports vectors, allowing third-party developers to create 1,000 CTI messages per second on S8800, Technical Specifications SMS applications to administer vectors. Dell PowerEdge R610 and S8510 Deployment Options • 4,000 DMCC clients for S8800, Dell Additional Features • Software Only: Includes the various APIs but PowerEdge R610 and S8510 Computer Telephony Integration: Exposes multiple does not support Automatic Failover. . Microsoft Office Communicator: 20,000 concur- computer telephony integration (CTI) server • Avaya Aura AES on System Platform: Includes rent client applications at 24,000 BHCC (with platforms onto a single server while supporting the Avaya Aura AES software and operating dedicated Avaya Aura Application Enablement the leading industry APIs including TSAPI, system deployed on Avaya S8800 Server and Services server) on S8800, Dell PowerEdge JTAPI, Avaya CVLAN API, DMCC API and DLG. the Dell PowerEdge R610 with Avaya Aura' R610 and S8510 Complete backwards compatibility for all of these System Platform. • IBM Lotus Sametime: 10,000 concurrent APIs helps ensure the Avaya Aura Application Upgrades:Avaya Aura Application Enablement client applications at 12,000 BHCC (with Enablement Services platform will serve legacy, Services 4.x currently deployed as software dedicated Avaya Aura Application Enablement as well as current and future application needs. only or on S8510 servers can be upgraded to Services server) on S8800, Dell PowerEdge the latest 6.1 release, but does not support R610 and S8510 Software Development Kits:Consists of client API automatic failover.Avaya Aura Application libraries,XML Schema Definitions(XSDs),Web Enablement Services 5.x can be upgraded Service Definition Language (WSDL),Java/XML to AES 6.1,within the scope of initial sale Learn More programmer guides, extensive sample applications, (software only; System Platform; bundled and other development tools. There are five To learn more about Avaya Aura Application p upgrade)on the servers supported below. Enablement Services, talk to your Avaya Account SDKs: IP Communications SDKs(DMCC), DMCC Dashboard, TSAPI SDK,JTAPI SDK, and Web Avaya Aura Midsize Enterprise Single Manager or Authorized Partner. Also, visit us at Services SDK. In addition,there is a .NET SDK for Server: A package of four key Avaya Aura www.avaya.com. DMCC, as well as the JAVA and XML SDKs. applications—Communication Manager, Avaya Aura Application Enablement Services, SIP Simple Network Management Protocol Support: Enablement Services, Media Services (media Provides a standard interface allowing data to be gateway)—on one Avaya-provided server. About Avaya Avaya is a global provider of business collaboration avid communications solutions, providing unified communications, contact centers, data solutions AVAYA avid related services to companies of all sizes around the world. For more information please visit www.avaya.com. The Power of We'" 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®7,TM,or SM are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All I� other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. 06/11 •UC4303-03 9/11/2013 12:07 PM BidSync Page 1308 Ipf13' 12 State of Utah Bid JP14001 AVAYAi, Avaya Aura TM Communication Manager Messaging Easy to use messaging capabilities simplify information exchange Avaya Aura TM Communication Manager Key Customer • Low Total Cost of Ownership The Messaging is part of a portfolio of Communication Manager Messaging communications solutions designed to • Unified Communications Communication application is an embedded software package help you easily connect your employees, Manager Messaging delivers proven voice that requires no additional servers. customers, and processes for sophisticated messaging capabilities that improve and productive collaboration. employee productivity and customer service. Users can easily communicate with contacts Offer Summary Communication Manager Messaging provides a anytime and from any endpoint. Avaya Aura Communication Manager low cost and easy to install solution that includes • Enterprise Standardization Communication Messaging application includes a broad set call answering and messaging capabilities. Manager Messaging accommodates of voice messaging features, including: enterprise users, allowing each to . Call Answer Helps ensure that information Avaya Aura Communication Manager Messaging easily communicate with colleagues 6.0 is a powerful embedded addition to and messages can be securely left in a user's and decision makers with a consistent voice mailbox while they are away from their the Avaya Aura TM Communication Manager experience. 6.0 delivering voice and text messaging to workplace or on the phone. help improve communications and simplify • User Friendly Experience Communication . Voice Messaging Users can record a mes- information exchange between enterprises. Manager Messaging provides access to sage, address it, and send it to other communication and messaging capabilities Communication Manager Messaging net- Communication Manager Messaging Federal through simple intuitive interfaces. Within work users. Market 6.0 provides significant capacity increas- the telephony user interface, help prompts provide users immediate support. Email Client Access Standard Internet es by introducing support for the S8800 server. p pp messaging protocols (IMAP4 and SMTP) • Secure Communications The Communication support the retrieval of messages Manager Messaging Federal Market using industry standard email clients, application passed rigorous susceptibility and consolidated in an email inbox. interoperability testing of the United States government,and is deployed by several • Outcalling (Call Me) Users can administer government agencies and departments. the application to outcall to another Release 6.0 is expected to receive US phone to notify them of new messages, Department of Defense Joint Interoperability with time of day and priority parameters. Test Command (JITC)certification. • Automated Attendants Sophisticated � • Exceptional Availability Communication capabilities for customer call handling, custom rerecorded announcements, and ' Manager Messaging is arguably best in class p call routing based on caller response to with respect to software quality in the voice g p h ' messaging space. Minimal downtime and menus and prompts. near zero defects contribute to a gratifying • Message Networking Enables the networking user and support experience. of multiple messaging platforms efficiently across disparate geographic locations in point to point or hubbed topographies. FACT SHEET y Page 13091pf13'j1 2 9/11/2013 12:07 PM Bids nc • Simplified System Administration Administration System REWOMents Integration to Communication NmAp 4y1 is fully integrated with Communication and ity provided through H.323/Q.SIG. Manager, with a common web page look and i feel, and help page support. Avaya Aura TM Communication Manager Supported Messaging: Chi Languages • IP Technology The application is g g' Avaya Aura Communication Manager Messaging configured efficiently with Avaya Aura TM • The application is embedded with Communication Manager using a robust Communication Manager and must be supports 35 distinct language packages. and proven H.323/Q.Sig integration. The at the same release. Release 6.0 is the latest release adds support for IPv6 and current release. Learn More mixed IPv4/IPv6 environments. . Integration to Communication Manager For more information about Avaya Aura • Scaled Capacity Various server options is provided through H.323/Q.SIG. SIP Communication Manager Messaging, please are available to meet different capacity integration is also available with Avaya contact an Avaya Account Manager, Avaya requirements. Aura TM Session Manager 6.0. Authorized Partner or visit us on avaya.com. • Centralized Messaging Enables support of Avaya Aura TM Communication Manager any station extension in the uniform dial Messaging Federal Market: plan with the Q.Sig network of remote gateways and switches. • Release 6.0 is compatible with Communication Manager release 6.0, 5.2. and 4.0. Specifications: • • Server Type S8300D S8510/S8800 S8800 Subscriber Mailboxes 1,000 6,000 15,000 IP Trunk Call Answer Ports 24 210 210 IP Trunk Total Ports 36 250 250 IMAP4 Sessions 450 6,000 6,000 MCAPI (formerly known as 128 128 128 IMAPI) Sessions TTS Sessions 12 30 30 Standards and Feature Capabilities: • 35 TUI language packages SMTP/MIME, IMAP4, TCP/IP, LDAP, SSH/ • Multimedia Messaging; Voice, Fax, Text, . Outcalling mobility SSL, IPv6, and more and other media • Multiple personal greetings • Migrations; INTUITY AUDIX R4.4, R5.1, • Call answer, Call sending, Call forwarding • INTUITY AUDIX LX R1.1, R2.O, and Auto Attendants, Bulletin Board, Broadcast Communication Manager Messaging • INerface"' AUDIX® Telephony User . Standards based; SIP, H.323/Q.Sig, Federal Market 4.0.2 g g g Interface (TUI) About Avaya Avaya is a global provider of business collaboration avid communications solutions, providing unified communications, contact centers, data solutions AVAYA avid related services to companies of all sizes around the world. For more information please visit www.avaya.com. The Power of We'" 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®7,TM,or SM are registered marks,trademarks,and service marks, respectively,of Avaya Inc.All other trademarks are iN the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. 06/11 •UC4290-03 9/11/2013 12:07 PM BidSync Page 13101pf13'gl2 State of Utah Bid JP14001 AVAYA The Power of We" Avaya �R� Communication Manager The Foundation of your Business Collaboration Solution. Overview Avaya Aura® Communication gr is a key component of Avaya Aura, Av y 's architecture for next generation, people-centric collaboration. I liv rs rich voice and video capabilities r vi s for a resilient, distributednetwork is gateways and analog, digital and IP-based communication devic s. In addition, Communication gr boasts robust features, high reliability and scalability, and multi-protocol support. Avaya Aura Communication Manager Key Customer Benefits enables the virtual enterprise with: Helping ensure business continuity Robust voice and video call processing capabilities. - Transparent server failover: If the primary server fails, the backup Advanced workforce productivity and automatically takes over. mobility features. Redundant interfaces: Minimizes the Built-in conferencing and contact impact of local network failures. center applications. Geographically separated redundant - Centralized voicemail and attendant servers: Provides redundancy across operations across multiple locations. the IP telephony solution. - Connectivity to a wide range of Branch office survivability: Keeps j 4 , analog, digital, and IP-based branch offices and remote locations &4" communication devices. connected to the main data center. - Support for SIP,H.323 and many industry- , Voice quality monitoring and ------------------- standard communications protocols over management:Checks for network a variety of different networks. conditions that adversely affect voice More than 700 powerful features in all. quality and automatically applies High availability, reliability and corrective action. survivability. j tis� 12 BidSync 7 > _t)�i ass i lyrl i � f 1 t State of Utah Bid JP14001 t( t is ii 54l ter $ - A£4}isi y � r � r� err( � t Promoting enterprise security new functions and enhanced options for linking communications with Secure by design:Avaya Aura Communication Manager telephony business processes.SIP based �t t ( reit"� tti�t, ify iso ��i��t fit' ��_l£ rpt Vt�ti presence lets users Inform others of servers are Isolated from the rest of their status,availability and how they the enterprise network to safeguard may be contacted. tr',s�siy�, fsl S iti {}y�ri Ssil �` ,s� ��, is rs �i t£ them from viruses, worms, DoS and other attacks. - End-to-end standards-based pop application integration:Linux-based Secure by default:Avaya Aura Avaya Aura Communication Manager rs �� Communication Manager uses the s rayr software provides integration of old it i ! 1 s tir r�43 117 itJ ly 'i� �trg r �, minimum number of services and t renally Id� tnio�� , (TSAPI,JTAPI,CSTA)and new (Web access ports to reduce susceptibility to mBIICIOUs attacks. services and service-oriented IaI architecture)standards. riy`y y ii iry� tea )li�ie 4Q£iI'SytI /` ,GCr 01Qr'��i� eCllre CtalllClll1111Cat9ol1S:Avaya Aura Communication Manager uses media Simplified g lified Network Management p encryption between servers,gateways s�� si iiia err t1 r > �k Avaya Aura®System Manager: ,; , „��y,rp£Wall � ' 'dtloy filll, and endpoints to secure the voice �� i �i�iltit stream and signaling channels. Provides centralized administration of multiple Instances of s � ins t i t i t +it t t iE ti iri Communication Manager. It takes a vit yEnhancing workforce producti solution level approach to network kNTHandles incoming calls effectively: administration that allows IT imj �?ml��ter�rr�erl , Multiple options for call routing, departments to Incorporate new queuing and priority handling. components and applications under Increases efficiency: Easy-to-use a common management umbrella featover time, managing the elements of UY2s save workers hours In gg setting up, dialing and routing calls. Avaya Aura together as a system. Ais Improves collaboration:Workers 1 ti7ti� enjoy Increased collaboration with , . t tui ilaii, easy-to-operate conferencing and Telephony Futures: paging features. Comprehensive end user telephony p p y en Standards Op features (i.e. auto attendant, call transfer, call forward, etc.)facilitate Support for en standards: r £` Magr stertlerijlprm�en�tinel, s�� open effective communications among ll Facilitates embedding employees, customers and partners. Ni communications into business �4 1irk�lylS s£ � 1 �� Ir ti Flt { ii 1�){ f i tial r1 s r a r(y� }t processes, adding value to the Mobility Features: Extensive in-building or in/out building enterprise ttiy s ��si{{i h£yis �11� jy1 7,� ) ri i Si�ts�t . wireless choices and hot desking sit s f\ fy iSi �i i�t�h �yisi ( ris�s�tkti(fi_��y\iiia �r�Yipp p �IPsu support: improves the features like Extension to Cellular connectivity and openness of Avaya (EC500), Personal Station Access 1 s i 45 sr 11 h t tl it ti Aura Communication Manager and (PSA)and Automatic Customer associated end-user devices, resulting p Telephone Rearrangement ACTR In reduced costs,faster deployment of Bidsync Page 1312 �is'g12 � la� Y £\i� it rt_;i stJ ;47��tJti;i;7��tJtii;I��tJti;i;I��tJti i;I��tJti;i;I��tJti i;I��tJI ti;S 1;},,,i`' State of Utah Bid J P1 4001 extend Avaya Aura Communication features to enable SIP interoperability - Safety and Disaster Recovery: Manager features to users no matter and capabilities on Avaya Aura Tools to help organizations manage where they're working. Communication Manager. and respond to unforeseen • Collaboration: Built-in features - Quality of Service: QoS features like emergency situations. like Meet Me Conferencing (up to Inter-Gateway Alternate Routing - Integrated Management: Powerful six parties) or the optional (IGAR)and Call Admission Control built-in tools for administrators and Expanded Meet Me Conferencing provide a no compromise approach network managers to maintain (up to 300) make it easy to to reliability and functionality on communication solutions and drive collaborate with groups of peers, converged IP networks to assure down total cost of ownership, customers and partners. Avaya Aura Communication including applications for network • Integrated Messaging: Built-in Manager end users receive the same management, configuration messaging features and full feature delivery over IP as when management, and fault and capability for messaging integration using circuit switched technologies. performance monitoring. with voice, fax and e-mail. Reflability&Survivability:Supports a • Call Center Integration:Call center wide variety of servers,gateways and Technical Specifications applications like Avaya Call survivability features enabling Management System for real-time 99.999%availability or better at highly Operating System and reporting and Performance statistics, competitive prices.The software is Supported Servers and Avaya Business Advocate for capable of mirroring processor func- Avaya supplied servers: HPCR expert predictive routing based on tions,providing alternate gatekeepers, ProLiant DL360 G7 and DeII®R incoming calls rather than historical supporting multiple network interfaces PowerEdge 8610,Avaya S8800, data,are easily integrated. and ensuring survivability at remote S8510, S8300D and central locations. • Telecommuting:Telecommuter Avaya hardened Operating System: capabilities route calls appropriately Intelligent Networking and Call Red Hat Enterprise Linux and give employees access to the Routing: Lets organizations create a full Avaya Aura Communication virtual fabric of many switches that Capacity* Manager feature set whether can pass information and calls, - Total number of Stations: 36,000 working at home, in the office or on opening new revenue opportunities the road. and higher levels of customer - SIP Endpoints: 36,000 • Application Integration: Lets IT service. Call routing features are - SIP Trunks: 24,000 also designed to reduce networking application developers leverage costs through effective use of IP Avaya Aura Communication Trunking over WAN or LAN links. Manager functionality via standard Security and Privacy:Security Learn More Web Services interfaces, enabling To learn more about Avaya Aura integration of business and features for detecting probable Communication Manager talk to your communication applications with breaches,taking measures to protect Avaya Account Manager or real-time telephony. the system,notification and tracking Authorized Partner.Also,visit us at activities.Also provides real-time • SIP Support: Integrated SIP proxy/ media encryption for environments www.avaya.com. registrar server with SIP trunking where enhanced voice privacy over a support and duplicated server LAN/WAN is required. Capacities are configuration dependent.Please contact your Avaya representative for complete details. 'q12 9/11/2013 12:07 PMBidSync .�3 State of Utah Bid JP14001 IA n t I I ©2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein.References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 11/11•UC4296-06 BidSync Page 1314�pf13'��,12 �A �I{ ,a'' State of Utah Bid JP14001 AVAYA The Power of We" MessagingAvaya Aurals , The next generation of messaging to improve F scommunications and enhance productivity while complementing your current infrastructure Solution Overview Aria and INTUITYT"AUDIX°features and Avaya Aura Messaging is Avaya's next telephone user interface that users rely on and provides transparent data/mailbox generation messaging solution.Through its migration for INTUITY customers.Avaya intuitive,easy-to-use interface,employees Aura Messaging also offers new sophisti- manage email,voicemail,and fax messages Gated capabilities and an enhanced user on their device of choice including tablets, interface for increased flexibility in manag- smartphones,and laptops. ing their messages. m Key Features include: W 4 Unified Messaging:gives you integration ®� ® Avaya Aura Messaging: of voice messages where users can view m m Provides fast, easy, and anytime all messages at once and who sent them. W access across the network Listen to or read your messages from • Allows important calls to get to the email,deskphone or mobile phone. right person, at the right time Speech Auto Attendant: lets callers ® ® Alerts employees to critical new messages say a name instead of entering an extension on the keypad m Enables better customer service with tools that enable faster and better m Voice recognition:allows you to say decision making names to address voicemail messages • Gives flexible deployment options for Reach e: provides call forwarding to message storage as well as ability to up to three numbers with user centralize or distribute per business need controlled settings ffi m Reduces cost while maintaining Avaya one-X°Speech: integrates with existing dial plans through solution to allow you to easily manage consolidation of multiple systems your voice messages, email, and calendar with verbal directions W m Helps ensure system is always up and ® available with multiple levels of resiliency Notify e:text message and email ® notification as well as outcalling End User Features m Internet Message Access Protocol Smoothing transition and training,Avaya (IMAP): gives users easy access to ® Aura Messaging includes familiar Octel° messages from most email clients v e 12 BidSync State of Utah Bid J P1 4001 • Self administration:enables users to Message Store).The solution also has and VMware Zimbra message stores. easily manage their options through a the ability to adapt over time as Assignment of message store type web portal enterprise environments evolve in can be done on a per user basis. response to growth,centralization or • Speech to Text: Converts voicemail increasing high availability/disaster to text with delivery to your email recovery demands. Telephony Integration inbox, smartphone, and other Avaya Aura Messaging supports SIP for choices - for faster at a glance Scalable telephony integration and is certified access to messages (delivered Avaya Aura° Messaging is a scalable with Avaya Aura°Communication through third party) solution ranging from an easy-to- Manager,Avaya Aura°Session deploy single server system (with Manager,Avaya Communication Server • Client-less Outlook toolbar: application and storage roles 1000,and Avaya SIP Enablement Eliminates PC software installation, combined on a single virtual machine) Services(SES)as well as other PBXs distribution and management to a fully scalable front-end/back-end through gateways. configuration with dedicated servers • Telephone User Interface(T D: Per for the application and storage roles. user choice of Aria and ALIDIX-like TUI Server Models to minimize user retraining Resilient Two server models are available: The Avaya Aura Messaging architecture • Basic or mainstream licensing: provides a variety of high availability/ A standard Messaging server can Provides cost effective per user disaster recovery options-ranging serve as a single server(combining deployment of basic versus enhanced from an N+1 configuration for application and storage role), an capabilities application servers,to locally survivable application only server, or a storage application servers that can stay fully only server. System Features operational with locally cached A"high storage capacity" messages and greetings,to Flexible geographically redundant options for Messaging server can serve as a The flexible architecture of Avaya Aura° application servers. storage server able to support a Messaging is designed to fit a wide Message Store larger number of mailboxes. range of customer environments:from centralized to decentralized and from Avaya Aura Messaging supports Avaya Aura Messaging uses standard unified(integrated with an existing simultaneous use of an Avaya Linux-based servers. email system)to standalone(Avaya message store, Microsoft Exchange % 2 avaya.com 9/11/2 13 12:07 PIVI BidSync Page 1316p 'l�12 .�3 State of Utah � id J (?Q Migration and Localized Versions Upgrade Paths Avaya Aura Messaging supports Avaya Aura Messaging allows a multiple languages for availability in smooth migration from Octel Aria key markets world wide. and INTUITYAUDIX systems with migration incentives and preservation of key user data from existing systems Learn More " for INTUITY customers. To Learn more about the next generation of messaging,Avaya Aura Messaging please contact your Avaya ' Account Manager or Avaya Authorized � } Partner or visit us at avaya.com. i 001 : 10 Dell R610 and HP DL360 G7, 1U - Available in two configurations Standard Messaging 1 Intel Xeon E5620 Quad-core 2.4 Ghz RAID 5 Server Specifications: processor In Application Only role:cluster up to 3 Can serve as a single 12 GB system memory servers+1 redundant server (combining 438 GB Total Hard Drive Space,10K RPM application and storage ® 1aa ports roles), an application only server, or a storage only server. High Storage Capacity 1 Intel Xeon E5520 Quad-core 2.26 Ghz RAID 5 Messaging Server processor Dual Power Supply Specifications 12 GB system memory ® 584 GB Total Hard Drive Space,15K RPM HP DL360 G7, 1,U Avaya one-X°Speech 1 Intel Xeon E5620 Quad-core 2.4 Ghz RAID 1 Server Specifications processor Dual Power Supply ® 4 GB system memory Microsoft Windows Server 2003 R2 ® 292 GB Total Hard Drive Space,10K RPM Configuration End User Features Scalable Dependent >>Enhanced Octel Aria and INTUITY AUDIX- >>Single Server like TUIs >>Multi-Server(front-end/back-end) >>Voice recognition for message addressing Resilient >>IMAP access to voice messages »Geographical Redundancy option for >>Clientless Outlook toolbar application servers(clustered over WAN) >>Browser application for managing >>Geographically redundant N +1 user settings Configurations >>Reach Me and Notify Me features >>Speech to Text(through third party) >>Locally survivable application server ® Basic Speech Auto Attendant Message Store ® Caller Applications >>Unified with Microsoft Exchange or VMware Zimbra(Integrated with an ® Flexible existing email system) >>Centralized Deployment >>Stand-alone(Avaya Message Store) >>Distributed Deployment >>Mix of multiple message stores >>Adapt(relocation of Servers as business >>Per user selectable message store needs change) Telephony Integration >>SIP only >>Avaya Aura°Communication Manager >>Avaya Aura°Session Manager >>Avaya Communication Server 1000 >>Avaya SIP Enablement Services(SES) >>Third party PBX with gateway 9/11/2013 12:07 PM BidSync '13�a�2 srt �yyk �( (� �li {si ri ti ilkt t <' S� � 1fi iJ1v r }��r � �- 1Ft sl t1{t �t jt Sf � iy State of Utah Bid JP14001 ©2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by°— or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 09/11•UC4498-02 BidSync Page 1318�pf13J 12 State of Utah Bid JP14001 s AVAYA 7 � i c. 5 +�1 tttt 7{� ty 41 ffs v. i ll tU 11 l77 ( 4 t IBJ 111#t fif{ii�f�i s1 s 7 t l 1 jz ;y i f !f �#!I fit;S,ISj rf iA f; J S is{st J1Ii tla tr trt s ,1 11ss1��lf'sl1 1 {1y t ssl S s { s fr t- t t lti i7i{S I SI$t{1),s sf� sv rt:ii 1 t it \1 i� rrfi f' it i r;1S It }4tt 1{fs� , �r1 Is 1{) i(sti 4t,f , tt�• 7 , 9/11/2013 12:07 PM BidSync The T�l y"�. 3�I 7 12 State of Utah Bid J P1 4001 Avaya Aura° Presence Services is a An Enterprise Presence o Is easy to use- and includes foundational element utilized by Solution: automatic activity based updates Avaya and third-party applications to for users who don't spend time collect and distribute rich Presence o Supports a wide range of devices. managing their status. information and Instant Messaging o Includes centralized management o Supports third party (IM)capabilities throughout an to administer and enforce personal interoperability and accommodates enterprise. It is included as an and enterprise Presence policies. new presences sources. entitlement with both Avaya Aura° Standard and Enterprise Edition. o Adapts to existing infrastructures o Federates Presence across with a low cost deployment. disparate systems. 21 avaya.com 9/11/2013 12:07 PIVI BidSync Page 1320 p 1 12 .�3 State of Utah Bid J P1 4001 o Scales easily to accommodate new Initiation Protocol for Instant o Faster one-and-done issue users and the ever growing sources Messaging and Presence Leveraging resolution through more effective of presence information. Extensions) and XMPP (Extensible communication. Messaging and Presence Protocol). Avaya Aura° Presence Services o Improved process cycle time This allows consistent presence collects and disseminates rich through presence-aware business visibility and the use of a wide array presence from Avaya and third party of business communications processes and the ability to"look- sources across a diverse set ofahead" to help ensure the right applications including Avaya one-V1 business environments, enabling clients and deskphones to provide resources are available to resolve a users throughout the network to fully aggregated presence particular business issue. reach the people they need, capabilities. o Enhanced flexibility, privacy and leveraging the multiple channels of o Full aggregated presence is security through the choice of communications available to them. automatic or manual status Avaya Aura provides any user, provided in Avaya one-XI indication. anywhere on the network, with an LIC clients and Avaya one-X° actionable, aggregated view of all deskphones. o Enhanced support for both the users across devices and multi- SIMPLE and XMPP protocols, vendor applications. Benefits of Avaya Aura helping to ensure the most Presence Services comprehensive set of presence Already widely used for instant source information. o Increased productivity by users messaging, presence has the gaining the ability to more o Flexible access to presence potential to drive new levels of effectively reach the people they information which can be displayed business user productivity and need, and leveraging the multiple on any number of endpoints customer care by more easily making channels of communications including Avaya one-X®R LIC clients expert resources readily available to available to them. and deskphones. In addition,Avaya customers and employees. presence solutions extend to a o Improved customer care in the wide array of business New Platforms, New contact center by making expert communications applications. Applications, New Utility resources readily available to Avaya Aura Presence Services work respond to a customer issue. Key Features in concert with other presence- o Easier collaboration between based applications, including mobile, remote and headquarters' Robust, resence Aggregated P Microsoft® Office Communication employees through presence Information—Avaya Aura Server, IBM®R Lotus Sametime, and awareness. Presence Services aggregates other third-party applications using presence information from open standards SIMPLE (Session telephony, desktop and other applications and provides a avaga cy�3-) 9/11/2013 12:07 PMBidSync age 3112 State of Utah Bid JP14001 t rt ,i t• i t -. ,: ,a,. r + Ss( :- 1 5 .,, „:c; st rr'..,s \,, ,t 4,-•71 rtt r�: } v, std t 1, }. s t,74, Ss, ,.1 s ) i „c'; , i`- r...i t , / r,k, ,t r,r �, vv-,.. 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I,rI,rl,rl,rl,.I rl,rl,rl,rl,.rl rl,rl,rl,rl,r:i ,rl,rl,rG I,rI,rl,rl,rl,.I rl,rl,rl,rl,r.I I,rI,rl,rl,rG I,rI,rl„r,=,yt �,5vr= YI r ) (t tt r � � t s 4 i v 15+; J tt,7;t ssl rtsi } t O t (i 4, 771f it+ 1 1 � r , r t sjr ltr fj tr rS r}1st,t1+t!''-}tr;r, !r tit;Jl;I1E,tir 4,t.(,t it+ l}irl<r`}}14 t tft}tiir ffi t ( {f, )�, 1ls l ,} Avaya one-XO Communicator 6,71Avaya One-X8 Deskphone I"I 5}t t i}r t ir1141 {s1}r t at s F U . 2 version 1'tiI �1sf� Avaya one-C°Agent 2.5 iv rItlr is f}ot,i iY,e7 Ohl b6 lr 8 `en, ,by�ing Js t r r( ,t,{sf, rs,F tE} sy\Irir� i!ll�f?rtAvaya ane-X Ccrnmunicator 6.1 Avaya Aura:°Agent Desktop 6.2 ry tO � SIP VeYSIUnY� p� tl Avaya Aura .?f;SS1On Manager 61 Avaya one-XO Communicator 6.1 lr t s) M) for,, for Avaya Communication Server Microsoft OCS Communicator # sc lr tr 1fr}r ri t} t ti it sr I. ?r�t t}tt lrr ss Irr'I str Jrt r,t} 1 t17` ;h+}}1 st 1O00 2OQ7 Avaya one- Client Enablement IBM.....Sametlme users(available In r,rr t{yst+ 1 }rt+}, ti it?,if,l e�Ierre� e`s1fSr �'t er�lrn,ilrt` rP s75,$t r t(r; t s t t syf lr}is t z iii s} t, �r '.r rl t t} {i rl tlSePS 61 Service Pack 1).6.1 lr+t r + Sjr( s Sfl {I f t IJr7 yrir(s if j (il 4 lifrt S rt�li}}Q}i 1 r\r s\ ) 1�) A4)'J ( }trt t ?tivalSJr }t rp�p�P�olttl,�;'?,K?��Ci`11�1nt nt��w�,Ca)r}t� i}ts; } +it i i'4 �� 14t „)oN},i f r r )•=r „r;, , ri ii r} t,,,Js S r :r t ). i it .t it# s ! L , "R About s„,, ,,,1,,,1,,,1,,,1,,,1,} About Avaya Avaya is a global provider of business solutions and related services to collaboration and communications companies of all sizes around the solutions,providing unified world. For more information please communications,contact centers,data visit www.avaya.com. ©2077 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®,"”,or SM are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein.References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 06/77•UC4300-04 41 avaya.com 9/11/2013 12:07 PM BidSync Page 1322 �pf131� 12 State of Utah Bid JP14001 AVAYA The Power of We" Session Manager Avaya Aura'R rii ii r,g t` t�IT 5 Session Manager provides the true values of converged communications, satisfying the needs of customers and employees, while helping drive down overall costs and simplifying system management. This unique platform =tprovides the ability to quickly and easily distribute new r, and enhanced applications that can deliver on-going improved busin s r f r n G . Session Manager's SIP based routing - True converged multimedia cell provides more centralized control admission control with revolutionary capabilities and significant improvements video "down-speeding" in scale and redundancy, enabling more - (wick incremental application ffi ffi cost effective and larger distributed deployments without PBX upgrades enterprise deployments.Avaya Aura Session Manager leverages the existing PBX infrastructure helping ensure an Key Customer Benefits ffi evolutionary path forward that protects - Business agility driven through holistic investment in today's Avaya systems and enterprise architectures for connecting software. Session Manager provides: users, applications and multi-vendor solutions. • Lower total cost of ownership - New cost savings from SIP connectivity ffi ffi • Centralized infrastructure and and reduced PSTN usage through ffi management centralized, enterprise-wide routing. • Reduced operational costs with single - Increased customer satisfaction by more ffi routing and dial plan control efficiently and effectively connecting • Unified architecture combining the best people and accelerating processes in of Avaya Communication Server 1000 real-time across the "customer ready" and Avaya Aura®R Communication enterprise. Manager - Lower total cost of ownership with a a • Integration of third-party equipment centralized, easy to use management interface plus the ability to efficiently ffi ffi • Replacement and upgrade for the legacy deploy enterprise-wide central ffi Network Routing Server (NRS) applications. �,',,,12BidSync v 2 State of Utah Bid JP14001 t ii i i t i t r lilt 7 �it{i304 Unprecedented enterprise wide i rl i£t�tSr} ilftr 4} it ?fi rr iS�rr i lr it Feature i larl tin{! iii iiia ; �Si�S�s i iSfi�j'i1- rji 11 (- �� 7 , £� , 1' r i li � � ,t�,} , scalability with support for truly r int it S I(i llfl i 7t i ll {lig i -r �S X, Scale Scale and Capacity global deployments of up to `t` 250,000 total end points,100,000 Session Manager provides up to 1 sl it „ i l viii i{l SIP endpoints, 500 Communication 25,000 locations with more than 3 til r�i S�tSl S71iS isi Pti -pit f .} i 11 r rl � + 1{int ll ia. �s # i tsi t.l rSl f eft Rllr t� pit?r ttr Managers, and 25,000 locations Million Busy Hour Call Completions �r( ! yrzji til i r t t r 'iii 4� 1tj �� s xii ijsi�n �l it i' i rr r3r s( with a single point Of management. CBHCC?•A single Instance Of Session �tS h1 lrii r�� 'll)�i� 8 4� w� �' lA"h{" yp• 1 7t1} i r s � i�sr`� )1 i°i°l e ` i tt`ill �� ✓r f`til N �i{�i �r� i�`�J�'i Manager is now certified for Over i r i t 111, s a i Solid reliability and redundancy 350,000 BHCC of trunk and inter- "s) nter- 1 ) iii it lr ? \i Kiri i��t �£ryi�rF{iii i` tris 11'S�st��{t through RHC 5�2 simultaneous g location calling. In addition, up to endpoint registrations with two core 250,000 total and 100,000 SIP p g i 1�f' ( It � r ilS ri- \i 1 tt O r t lih�fi 1, it £ 1f St I rl1�l( it 7s (r( fS �i} Simi h S1� 1 � itlrr}�,t( irSr 7 7z1 i��{5�75� J Session Managers and a third endpoints can redundantly register 11 i r £ S 1 r4 }t \S Sir lit \ i15t r with the Session Manager core and S �� P } �li t i� Sli i 1 iiWp^ i 1 Q ill ill \li urvivable Remote "mini"Session r2i } rS { 1Ut i l iy l i vi 1rrii T'r r 1 Manager In the branch. access SeYVlce5 from Up t0 500 Communication Manager instances t i S ii�trli i t ?S� r li r�i�� i t t l�ri4 rs +Jir2 l i �( 4 } (t�S it liirl < t { i Outstanding geo-redundancy with up and the other applications in the {l1 11r� 1sl' f ��-1 SS ut,i7 ii i ; ti ii ri 1 Ir �y t to 10"active-active"Session Managerenterprise cloud. instances that safely tolerate network ii �}r� i £\, ilt I t ;l sit ;ii i n 12�l r t i;I 1,t 12I l r t 12I l r t 12I l r t 12I l r t 1;11 � r/, .,,,.i.,.,,,a.i.,.,,.�,1'tF delays up to 1000 msec. Avaya Aural Avaya Flare' Avaya Aura` System Manager Experience Presence Services Avaya Modular Messaging . .'� Avaya Voice Portal � r a Avaya one-X6 w N SIP endpoints SII, Trunks lliiet i � � TQIVi l a �ntut Trunks SBC I ' T" Avaya Aura' Avaya C5 1000 Avaya Aura' Gateway 3,d Party PBXs for Survivable Communication Remote Manager 9/11/2 13 12:07 PM BidSync Page 1324�pf131 12 State of Utah Bid JP14001 Reliability and Redundancy ,� � � F Avaya Aura® employs the new - �y�z3 Internet Engineering Task Force (IETF) standard RFC 5626 to deliver t , multiple, simultaneous registrations e� x to endpoints.Avaya and RFC compliant endpoints can register with 1 ��4 multiple core Session Managers and with a local branch Avaya Aura®R Survivable Remote Session Manager instance for a total of three simultaneous registrations. Combined F with Avaya's unique application of the �p�� \ SIP Timer "B" and OPTIONS messaging, calls can be placed during network outages without dropping, and with only a delay of two seconds or less. Session Manager also supports Communication Server 2100, and "implicit" user sequencing. In Network Interface Card (NIC) Avaya Business Communications addition, the application sequencing bonding and up to 10 geo-redundant Manager systems and offers the capabilities of Session Manager can Session Manager instances. It can advantages of innovative "implicit" also be applied to the endpoints on tolerate up to 1,000 msec of network user sequencing to all endpoints on the third-party PBXs. round trip delay while requiring less these existing systems. With than three Mb/s throughput between Communication Server 1000 Release Endpoint Support Session Managers. The latest release 7.5, implicit user sequencing is even of Session Manager also supports Call available for intra-Communication Session Manager provides extensive Preservation in the event of a network Server 1000 calling. In addition, the endpoint support including the Avaya core Session Managers can be used 8600 Series IP Deskphones,Avaya or Session Manager failure in the core. one-XCR Communicator,Avaya This capability allows calls in queue in for legacy Routing Server(NRS) a contact center to be processed in replacements. 16O3SW-I IP Deskphone,Avaya 4600 Series IP Deskphones (with SIP the normal way without any software),Avaya 1100 Series interruption or loss in service. Third-Party PBX Support IP Deskphones, Avaya 1200 Series Avaya Aura supports connectivity to IP Deskphones, Avaya 1000 Series Support for Legacy Systems Cisco, Siemens,Alcatel Lucent, and Video Conferencing Systems and the Avaya Aura supports connectivity to other third-party PBXs as well as Avaya Desktop Video Device with the older versions of Avaya legacy Avaya H.323, analog and Avaya Flare®R Experience. Communication Server 1000,Avaya digital endpoints with new, innovative 9/11/2013 12:07 PM BidSync .�36 2 State of Utah Bid J P1 4001 Session Manager Advanced Administration available, without affecting the quality supports truly Avaya Aura®R System Manager's new of existing calls. converged voice and tab-based administration interface allows lightning-quick screen changes Enhanced Emergency Calling video bandwidth between operations. In addition, Through integration with the RedSky management with System Manager simultaneously E911 Manager, SIP endpoints can now System Manager supports Session Manager Releases report their exact location down to centralized 6.0, 6.1 and 6.2 for flawless system the specific IP phone jack. upgrades. administration and Security control. ln a converged Converged Call Session Manager can now connect SIP network, each SlP Admission Control entities and every endpoint in the entity link can be Session Manager supports truly enterprise with encrypted Transport administered for fixed converged voice and video bandwidth Layer Security connections using a management with System Manager new software-based technology that allocations handling centralized administration and control. no longer requires Transport Layer voice, video and the In a converged network, each SIP Security acceleration hardware. In remainder for data entity link can be administered for addition, the System Manager Trust fixed allocations handling voice,video Management interface is easy to use, traffic. and the remainder for data traffic. and makes sending and applying Flexible options allow voice to utilize unique third-Party security certificates unused bandwidth from video to any SIP entity simple to accomplish. allocations, and Avaya's revolutionary Session Manager has also moved to new video down-speeding allows Red Hat Enterprise Release 5.6 with video calls to be completed when the the added security updates of this full bandwidth requested is not newer operating system release. SIP Connectivity Supports SIP connections (but is not limited) to: Avaya Aura® Communication Manager Avaya Aura® Messaging and Avaya Modular Messaging Avaya Aura® Conferencing Avaya Voice Portal and Intelligent Call Routing Avaya Aura® Contact Center 4 avaya.com 9/11/2 13 12:07 PM BidSync Page 1326 1 12 .�3 State of Utah Bid JP14001 Item R6.0 R6.1 R6.2 Total Enterprise SIP Users 50,000 100,000 100,000 Total Enterprise Users 100,000 100,000 250,000 SIP Users/SM 10,000 12,000 12,000 SIP Users with SIP Shared Control/SM 1,000 7,500 7,500 SIP Users/CM 18,000 18,000 36,000 Total Enterprise Presence Users 45,000 81,000 81,000 Presence Users/SM 7,000 9,000 9,000 TLS Connections 50,000 100,000 100,000 SM Instances 6 10 10 BHCC per SM 250,000 300,000 350,000 Simultaneous Sessions 65,000 80,000 ` 90,000 Registrations/Second per SM NA NA Soo Advanced SIP Terminal Initializations/Second per SM NA NA 10 Survivable Remotes 250 250 250 Communication Managers 500 500 500 Locations/Adaptations/SIP Entities 25,000 25,000 25,000 SIP Domains 1000 1000 1000 Dial Patterns/Routing Policies 250,000 300,000 300,000 • Avaya SIP Endpoints including Video Dial Plan following customer-provided Capable Endpoints priorities, and dynamically Session Manager allows central • Avaya G860 Media Gateway and enterprise-wide dial plans across avoiding routes with bandwidth AudioCodes M3000 {Note, the multi-vendor PBX environments. It limits spelling and capitalization are implements a uniform dial plan - Enterprise-wide time of day correct} where required, or binds together routing multiple length dial plans in one - Tail end hop off ° Avaya IP Office centralized, easy-to-manage • Avaya Secure Router 2330,Avaya database so users do not have to - Toll avoidance Secure Router 4134 and Secure change the way they dial. Gateways Application Agility • Avaya Aura®Session Border Network Routing Avaya Aura enhances user Controller It supports creating system-wide productivity while increasing • ACME Packet Session Border network routingrules to cost- business agility- by enabling faster, effective) route calls using an and easier deployment of Controller y g enterprise's IP network, including: applications targeted to unique • Third-party equipment from Cisco, users and workgroups. The promise Siemens,Alcatel Lucent, etc. Enterprise-wide least cost routing of Application Agility can now be • Third-party SIP endpoints from - Enterprise-wide alternate routing delivered - with the appropriate Tandberg, Polycom, SNOM, including routing around failures, Grandstream, Cisco, etc. 9/11/2013 12:07 PM BidSync '13�ia�2 State of Utah Bid J P1 4001 collaboration, conferencing, customer Avaya Aura Session handling and SIP-based applications. Manager Solutions Each application can be added to an enterprise without any modifications Any SIP entity may be directly or upgrades to the other applications connected to the Session Manager core as long as it is fully compliant in the enterprise cloud including with SIP standards. Solutions include: R Communication Manager. Even third- party endpoints and trunk callers can participate in application sequencing Highly Redundant IP Telephony with Session Manager's "implicit" user Connect up to 25,000 SIP entities ,61 sequencing. together including up to SOO Communication Manager instances in SIP Tracing a redundant, centralized configuration.Avaya Aura®Session Session Manager leverages the central SIP session architecture with flexible Manager allows each of the 100,000 SIP tracing and trace displays that can SIP end points it supports to "al simultaneously register with up to be manipulated and filtered as three Session Manager instances, debugging requires. Tracing results including the capability to provide full V� can also be forwarded to Syslog 'r itrf Communication Manager feature sets servers for enhanced reporting. (well beyond the SIPPING 26 features typically supported by other vendors) SIP Monitoring in the branch when cut off from the "0 To assist with load balancing and enterprise core. With Communication alternate routing, Session Manager Manager configured as an Evolution allows the configuration and Server, the survivable branch can ft implementation of monitoring have a mix of SIP, analog, digital, and controls that can be adapted and H.323 endpoints. customized for each link to the �,Al Session Manager core. Third-Party PBX Integration Session Manager not only connects to Call Detail Recording Communication Manager and Each instance of Session Manager Communication Server 1000, but has provides a third-party Call Detail also been tested with Cisco LICK Recording (CDR) interface, allowing Siemens Highpath,Alcatel Lucent enterprise-wide CDR data to be OmniPBX, and Aastra systems with recorded and saved. New video direct SIP connections. Each of these bandwidth parameters for multimedia third-party PBXs can be programmed calls are also included in the CDR to let the Session Manager core do output. Page 1328 �Tl 2 BidSync �3 State of Utah Bid J P1 4001 the inter-PBX routing so that central Centralized Conferencing Sequenced Applications dial plan, alternate and priority A common Avaya Aura®R With the simple addition of an routing and other benefits can be Conferencing server can be "shared" application server running sequenced enjoyed by the users of third-party with the Session Manager connected applications, any Avaya or third-party PBXs as well as Avaya PBXs. PBXs. Up to three Avaya Aura endpoint can enjoy application Conferencing systems may be added access from the enterprise cloud. In Secure Centralized Trunking to the enterprise cloud to expand the addition, installing these sequenced Avaya Aura®R Session Manager can scalability for large conferencing applications can be accomplished provide redundant connections to a needs while still providing local without costly PBX upgrades.Avaya SIP service provider via the G860 access to conferencing resources. and third parties offer a wide range of Gateway,Avaya Aura Session Border This avoids mesh conferencing application possibilities including the Controller or the ACME Packet connections that waste bandwidth Avaya Notification Service, Flexible Session Border Controller. To across large multi-data center Call Blocker, and Toll Avoidance. And facilitate these connections, Session enterprise configurations. with the latest release of Session Manager provides the location based Manager, sequenced applications can Automatic Number Identification Voice Portal and Intelligent now be sequenced based on the (ANI) information needed by service Call Routing (ICR) media type, voice,video, text, or a providers as well as new "From"and combination of all three! Geo-redundancy and load balancing "To" header manipulations that make capabilities can be leveraged to multiple service provider SIP provide powerful contact center integration simple to implement. solutions with Voice Portal and the Learn More optional ICR with centralized SIP To learn more about Avaya Aura Session Centralized Messaging trunking to the core enterprise cloud. Manager talk to your Avaya Account The load balancing and star Manager or Authorized Partner.Also,visit connectivity capabilities of Session us at www.avaya.com. Manager allows a single Avaya Aura Messaging or Modular Messaging instance to provide service (including lighting message waiting indicator lamps) for Avaya, Cisco and other SIP-compliant PBX systems. avaggjec�ffi� 1,�12 9/11/2013 12:07 PM BidSync .�3 s! »aulh Baum q@ <:m:Ava e m.«Rights Reserved. Unless otherwise noted,all trademarks identified&the«»zeare registered trademarks,trademarks, rservice m+ respectively,of Avae Inc. 03/12-UC4302-07 game Page 1330 pƒ/12 State of Utah Bid JP14001 - AVAYA�,.' The Power of We" Avaya Aura'R System Manager Simple and Intuitive Solution Management for Avaya Aura° Avaya Aura° System Manager is a key component of Avaya Aura, the Avaya architecture for next generation, people- centric l - c ria collaboration. Avaya Aura delivers rich voice and video capabilities r vi s a resilient, flexible distributed network for analog, digital and IP-based communication vies. Avaya Aura System Manager is the intuitive administration and management tool that rings Avaya Aura capabilities to life. System Manager provides an integrated - Authentication, authorization, solution that leverages customer data and and registration programming across Avaya Aura,helping - Logging, alarming, and SNMP enterprises implement and maintain management optimal results for their communications Common User Provisioning and business collaboration solutions. Central licensing Avaya Aura System Manager delivers management and administration Key Customer Benefits capabilities that: • Provide a single management and System Manager is fully integrated with the programming interface for Avaya Aura Avaya Aura architecture maximizing invest- applications and systems ments and customer benefits including: • Are simple, intuitive, and consistent Single Point of Management: End-to- • Enable user data to be entered once end view, single unified console with and then shared across Avaya Aura workflow-based management. {� applications Reduced Complexity:Simplifies - Are tightly integrated with the operations for distributed multi-site enterprise IT infrastructure including networks with multiple control points. identity management, security, and Data Consistency:Integrated r enterprise directory provisioning helps reduce System Manager delivers tangible savings configuration errors. in applications deployment,installation Faster Deployment: Benefit from £s and on going maintenance and accelerated application integration administration by providing the following with standards-based interfaces. central management functions: f 9/11/2013 12:07 PM BidSync � ti 317 12 State of Utah Bid J P1 4001 • Lower Total Cost of Ownership Single Sign On:Allows the user to launch - Test station (TCO):Reduces TCO and service Avaya management applications without - List trace station support costs through automation of the need to re-authenticate to each one. - List usage extension time-consuming,error-prone tasks. In addition,supports the use of an enter- - Status station • Less Training: Better skill set prise's authentication authority based on - Global search and replace of button deployment and increased LDAP,OpenSSO,and Radius,including, assignments and station type productivity through intuitive easy-to- for example,Active Directory. changes use tools. Trust Management: Establishes a • More Value:Increased value of Transport Layer Security(TLS)trust Geographic Redundancy: convergence through tight integration domain so that Avaya applications Allows Avaya Aura element support with the enterprise IT infrastructure can communicate securely among from two geographically distant including identity,security,directory, themselves and with System Manager. System Manager sites so that and single sign-on. management services can be Logging and Alarming: Provides the switched from one site to another, in ability to centrally view management case of WAN failure or the Feature Summary logs and alarms generated by Avaya catastrophic failure of one of sites or Aura°applications. servers. Avaya System Manager delivers an array of sophisticated and high value Discovery and Inventory: Discovers features, tools and capabilities that Avaya Aura applications and displays Technical Specifications include: their inventory, including application version, device configuration, and Requirements and Supported Common Console:A browser-based other pertinent data. Systems console that provides a single place for accessing all management needs Central Licensing: Provides central - Servers: including user administration,network viewing and management of Avaya >> HP ProLiant DL360 G7 routing policy, license management, application licenses. >> Dell PowerEdge 8610 trust management,and others. Network Routing: Creates rules to »Avaya 58800 Server Common User Provisioning:A single cost effectively route calls using the - Client Browser: Microsoft Internet interface that provisions users on enterprise's IP network. Explorer 7.x and 8.x; Firefox 3.S and 3.6. Avaya Aura'Session Manager,Avaya Endpoint Management:Administers Aura°Communication Manager, endpoint configurations, such as set Capacity Avaya Aura° Messaging Avaya type and button functions. Meeting Exchange,Avaya Aura° - 2SO,OOO total endpoints Conferencing, BS800 Branch Central Management:Manage multiple - 100,000 SIP endpoints Gateway and Avaya Communication Communication Managers including: - 2S,000 elements Server 1000. - Announcements and audio groups - SOO Communication Manager Enterprise Lightweight Directory - Coverage paths Feature Servers or Evolution Servers Access Protocol(LDAP) - Call Center features - 250 administrator logins Synchronization: Enables the - Endpoints - SO simultaneous administrators enterprise LDAP directory to be the - Groups single source of user management, - Automatic Alternate Routing (AAR), automating and synchronizing user Automatic Route Selection (ARS), Learn More provisioning. route patterns, and signaling groups To learn more about Avaya Aura(�' Bulk Import/Export: Enables bulk - System Parameters System Manager,talk to your Avaya user provisioning via Extensible Endpoint Central Management: Account Manager or Authorized Partner. Markup Language (XML) based files. Manage operational and Also,visit us at www.avaya.com. troubleshooting functions on Role Based Access Control:Provides endpoints including: access control to administrators based on assigned roles. - Busy out station - Release station 2 � avaya.com 9/11/2 13 12:07 PM BidSync Page 1332 p 17�1 2 .�3 State of Utah a � The following products are supported by System Manager as their central management tool: pogo, A% Avaya Avaya Auram®Contact Center(Authentication) Avaya Aura Contact Center 6.2 J J Avaya Aura Contact Center 6.3' J { ' Avaya Data Portfolio(Authentication,Authorization,Trust Management,Discovery,Inventory) Visualization,Performance,and Fault Manager(VPFM)3.0 IP Flow Manager(IPFM)2.0 J JIi Configuration and Orchestration -- Manager(COM)3.0 135800 Branch Gateway(Authentication(indirect),Authorization,Trust Management,Audit Logs } , (SMGR-E5500 EM Only),Alarming,Discovery,Inventory,User Management,Licensing,Backup/Restore) B5800 6.2 J J Call Pilot Messaging(User Management,Audit Logs(SMGR CP Comm Profile EM Only) Call Pilot 5.0 i Avaya Aura Communication Manager(Authentication(indirect),Authorization,Audit Logs(SMGR-CM EM Only),Discovery,Inventory,User Management.Geographic Redundancy') Communication Manager 5.x J i J J J Communication Manager 6.0 J J J Communication Manager 6.0.1 Communication Manager 6.2 ' Communication Manager 6.2.1 SP 4 (Avaya Aura 62 Feature Packl) J �£ {� `�`�i itt, q ££h �ttlg '. Communication Manager Messaging(Authentication(indirect),Authorization,Audit Logs(SMGR-CMM EM Only), User Management) Communication Manager Messaging 5.2 Communication Manager Messaging 6.0 s� Communication Manager Messaging J J ��'£ l£i , ,l£i £s ,r '`zi, 6.0.1 Communication Manager Messaging 6.2 Communication Manager Messaging 6.2.1SP4Ava aAura 6.2Feature ( Y Pack]) 1 Communication Server 1000(Authentication,Authorization,Trust Management,Audit Logging,Log Harvesting,Alarming,Discovery,Inventory,User Management,Geographic Redundncyz) V Communication Server 10007.5 J J3 Meeting Exchange Conferencing(Authentication,Trust Management,Audit Logging,Log Harvesting, J' ' Alarming,Discovery,Inventory,Serviceability Agent") sN Meeting Exchange Conferencing 6.0 MeetingExchange . hConferencing g g 62 1 7 f s { Avaya Aura Conferencing (Authentication,Authorization,Trust Management,Audit Logs(SMGR-AAC EM r Only),Alarming,User Management,Licensing) £t7 is s��ti i J byi !s Sys V t }} Conferencing Aura Avaya Y g 6.0 rr Avaya Aura Conferencing 7.0 „ -1{1 a£ri D £r;i,'£ ii t M3000 High Density Trunk Gateway(Alarming,Discovery,Inventory) ;� , „ „£t 1 l`Q, ses M3000 H DTG 2.0 Avaya Aura Messaging(Authentication(indirect),Authorization,Audit Logs(SMGR-AAM EM Only)User Management) r Avaya Aura Messaging 6.0 .tti : 7, {� Avaya Aura Messaging 6.1 Avaya Aura Messaging 6.2 9/11/2013 12:07 PM BldSynC 4r1� l( /I1 tj �{ i41 rltliu ( i � 71 lr l X11�tl ti{ State of Utah Bid JP14001 1:1111 ME :0 �fl r f' s t s K k i t.l lj l lj l lj l,lj l lj l lj l�j.t c s5a spa spa spsla sla spa s'a s ✓ a,. Modular Messaging(Message Storage Server)(Authentication(indirect),Authorization,SMGR-MM EM User Management Modular Messaging 5.x' J J J J Avaya one-X Agent®Central Management Server(CAM)(Alarming,Audit Logging,User Management Only User management for Avaya one-X Agent SIP Clients)6 Avaya one-X Agent 2.5.1(96x1SIPCC shared control,mode) Avaya one-X Agent Agent 2.5.2 (96x1SIPCC shared control mode) J J Avaya one-X Client Enablement Services(Trust Management,Licensing) Avaya one-X Client Enablement' ✓ ✓ Services 6.1 Avaya one-X Client Enablement J J Services 6.2 Avaya Aura Presence Services(Authentication,Authorization,Trust Management,Audit Logging, Alarming,Discovery,Inventory,User Management(indirect)7,Licensing,Serviceability Agents) Presence Services 6.0 J J J J Presence Services 6.1 Presence Services 6.1.4(SP4) J J Avaya Aura Session Manager(Authentication,Authorization%Trust Management,Audit Logging,Log Harvesting,Alarming,Discovery,Inventory,User Management,Licensing,Geographic Redundancy16, Serviceability Agen 11) Session Manager 5.2 Session Manager 6.0 J J J J Session Manager 6.1 J J J Session Manager 6.2 Session Manager 6.3 J Table 10:System Manager Supported Products 1 CM 6.x supports management services from a Secondary SMGR starting in SMGR release 6.3. 2 CS1000 7.5 supports a subset management services from a Secondary SMGR starting in SMGR release 6.3. 3 CS1000 Alarm Collection support starting on System Manager 6.3. 4 Serviceability Agent supported in SMGR 6.2,PS 6.1,SM 6.2 and MX 6.2 and later releases. 5 AAC Trust Management support starting on System Manager 6. 6 Only User management for Avaya one-X Agent SIP Clients User management for Presence Services is done using data fill that is part of the user provisioning of other application's communication profiles. 1 1 ° Serviceability Agent supported in SMGR 6.2,PS 6.1,SM 6.2 and MX 6.2 and later releases. 9 Authorization-RBAC of Session Manager support introduced in SMGR 6.3 and SM 6.3. 10 SM Active-Standby Geographic Redundancy supported in SMGR 6.3 and SM6.3. 11 Serviceability Agent supported in SMGR 6.2,PS 6.1,SM 6.2 and MX 6.2 and later releases. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,"",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11/12-UC4647-01 BidSync Page 1 334 f131412 State of Utah Bid JP14001 AVAYA� viii �)r�U�U�U�U�U�U�U�U�UhU�U�U�U�U U�U�U�U�lr�nr j �; The Power of We" Avaya Automated Chat Delivering a Better Online Experience Avaya helps your customers get the online service they need quickly and cost effectively, freeing your agents to focus on the most important issues. So customer satisfaction can go up as your costs go down. aand UK since 2010. Some 4Sf of ops With Avaya Automated Chat, customers can have consumers prefer to deal with betterorganizations over the internet rather and is than by phone. Indicating a further shift productive. v to online servicing, 43% prefer using is betterv email/websites when dealing with complex questions, and 68%would like Customer loyalty is more important than web chat offered while they're on the ever to forward-looking companies. But internet. delivering a superior customer experience can be difficult, and not Avaya Automated Chat provides every online customer care technology dramatic advantages over current chat can provide the foundation that you systems because it can deliver fast, ® need for service excellence. At the same accurate answers in a number of ways: time, contact center complexity is through an automated system, ora live growing. Each new vendor requires agent, orboth.All of which helps agents support and may not integrate well with deliver a responsive, personalized existing technologies or business customer experience—each and every processes.And agents are burdened time.And the system can grow with with learning, retaining and accessing your business using the intelligence increasingly complex information. But derived from the day-to-day operations, the most crucial problem is customer allowing the solution to become more dissatisfaction. effective over time. Simply put,Avaya Automated Chat enables your company Demand for online self-service is to differentiate through superior growing. In a recent survey conducted service —while helping cut the cost and by Avaya and BT', the data shows a 23% complexity of customer engagement. increase in the use of web chat in the US 'The Autonomous Customer,Avaya and BT (British Telecom)2013. v (�f13��1 2 BidSync h State of Utah Bid JP14001 With Avaya Automated Chat Avaya Automated Chat is a ground customer experiences can be breaking technology in that It combines enhanced: automated responses and live agent Faster, better answers to customer assistance into a powerful customer questions using natural language service tool. The intelligence provided in the conversation engine focuses on Accelerated conversations that are clarifying the customer needs more more productive for both sides , quickly and delivering a more accurate 7� � response. Or if required, by escalating j"4 And your company can benefit: the conversation automatically to a to j Reduced training costs due to agent coaching skilled live agent if: Agility to add new programs and the automated engine is no longer ' Y information quickly and easily confident that it has the appropriate response Improved operational efficiency without adding additional headcount - the customer indicates the need to speak with a live agent Avaya Automated Chat: Transform - the engine senses customer frustration AvayaAutomated Customer Care into a Competitive or dissatisfaction Chat understands the Advantage meaning n context Avaya Automated Chat understands the Avaya Automated Chat also provides of typed meaning and context of typed continuity when an agent joins the CCIIIIC�I t , y g the full chat conversation b delivering comments, and its patented system of and Its patented natural language processing and high- transcript to the agent.After a live agent system of natural value answer base will deliver accurate is engaged, the system becomes a language processing responses faster. It arms your agents so coaching tool offering suggested that they can answer questions responses to live agents.Agents can and high-value accurately, intelligently, and instantly, accept the suggestion or a portion of answer base will making online service more consistent, the suggestion, or craft their own deliver accurate resulting in a better customer ad-hoc response. The entire interaction experience.Avaya is the first company is fluid, rapid and consistent with your responses faster. to focus the full force of online business rules and brand guidelines. The technologies — context-based natural- result:your company can deliver a more language processing, integration with a consistent, productive, and satisfying variety of knowledge management customer experience each and every systems, online communities, and time. You can transform the contact more— with a single goal: center from a cost center into a revolutionizing the cost and quality competitive advantage. of web customer service. 9/11/2 13 12:07 PM BidSync Page 1336Ipf1317�12 State Of Utah II i r>r- t t if ti a �irlt ;ii o-tlJi Az - r i i ( i For businesses that are looking for Avaya Automated Chat can be readily � 1 f ?t�i �t ?tit�� tri tit 7i 1t ori sf Sly 1�s�it sd�7i agent productivity and coaching integrated with existing CRM systems ti , rtu f� r t t r I t,ll 1Ja f 3 rr a�l , 71 }ri�tr titf> r�)r i y h i� t�� tools,Avaya offers a similar t0 maximize your Investment and Sit t�fi rlr i I r f r( t( iii s7\ �IUzst tt� � }N� �rttr�iil �' fZt�ir��l��iit; knowledge engine tool called the enhance Avaya Automated Chat's Avaya Answer Desk. This optional powerful capabilities. And the y� gra i}r b} i ti ( ts 1 {r t P license allows non-chat agents to expertise of Avaya professional %0h,'1`,"",(_, tf r 7 tls A", s ' rr s} s� yiu+t �t i r r� ��)t interact with the automation engine services staff helps ensure that i��, �, to quickly get answers for their non- systems will be up and running �{s ',s� r t - r (I� S t >t hitt t z rrri �� chat customer contacts. And with the quickly. 1 sSrt ti j' lei�� 1�Jtt � i�)t�>�St rl samegreat Automated Chat conversation and knowledge engine, Avaya offers integration with world ti ',`' ' 'd' , bUSIneSSe5 who Want t0 improve CIa55 Customer Relationship r� ,r} t 7' t r r \ sit It V�1 t agent productivity can utilize tilithis Management (CRM), co-browsing, g p Web based agent tool t0 enhance and knowledge management � { customer service on any channel. solutions. In addition to the solutions listed below,Avaya can offer custom integration to meet the requirements Automation when you It's Like Chat. of any business. want it, a live agent Only it Works. when you Avaya's world-class product and ' . How do your customers service offerings include: Avaya Automated Chat gives you'reknow use businesses the best of both Implementation:A highly efficient Avaya Automated Chat? worlds. they're implementation strategy with rapid Suddenly deployment and excellent results Using automation to handle routine getting the right from day one customer inquiries can not only make answers, quickly, - customers happy to receive fast and ruin : Flexible pricing model that every time. accurate information, but can also is charged per month, on a per Fast, Flexible Deployment improve agent productivity.An even agent and a per concurrent session Options. more impressive feature is the basis seamless blending of automated and The Avaya Automated Chat solution Hosting options:Avaya software as live agent assistance. Because offers a simple deployment model a service is hosted from an Avaya customer satisfaction levels can drop and well-structured application data center so there's no footprint when they can't connect with a live programming interfaces (API's) that required. Either way it's an agent,Avaya Automated Chat's enable it to work well with existing enterprise-ready solution that scales patented automatic escalation feature customer service systems. It can be to meet your needs. can make that a non-issue. It's a win, deployed incrementally, starting with win situation — customers are happier a live chat-only solution, and adding and better served, while agents and automation at a later point, optimizing businesses can do more without existing contact center processes. increasing expenses. 9/11/2013 12:07 PM BidSync '13�a12 \ State of Utah Baum q@ <:m!waya Inc.«m,m All trademarks identified by«»or©,eregistered mr«w»er«and service marks,respectively,of Avae Inc. 02/13-UC7220 Bats Page 1338 ƒ/12 State of Utah Bid JP14001 AVAYA The Power of We" Avaya B149 Conference Phone Simple, sophisticated solution extends crystal clear sound and smart productivity features to private offices as well as small and midsize conference rooms f �tH TW t - \ t=t� �o fKl,,,. A Y �f The - 'Yrw �M, ,• ke Avaya B100Series Conference hones offer sophisticated and easy to use communication solutions for small to large companies. r vi i g superior voice quality with the award inning Omnisound° audio technology, the B100Series Conference ones cost effectively offer a variety of low bandwidth, lug- lay deployment options that address different user groups within your organization; the unique needs of small business executives, managers and staff are each supported ith a broad choice els. With a sleek appearance and suite of new network. These conference phones smart productivity features, the 13100 can be used for scheduled meetings and Series Conference Phones are an ideal training sessions or for impromptu calls choice for companies adding endpoints to between globally dispersed offices and their existing infrastructure or deploying a remote workers. BidSync '132 12 State of Utah Bid JP14001 Flexibility and Productivity Specifications Enhancing Features: Enhance web conferencing,video and other AUDIO FEATURES communications environments. The - OmniSound°. -M B149 Conference Phone is a versatile high performer that complements - Microphone: Omni-directional, 360°. your existing solutions, which can be easily redeployed as your business grows or as needs change. - Pickup range: up to 30 m2 (320 sq ft), >10 people. Avaya 8749 Conference Phone The Avaya B149 - Volume: 90 db SPL O.5 m (RMS). Conference Phone Frequency response: 200-3400 Hz. Best suited for small to midsize o conference rooms with up to 10 - Equalizer: soft, neutral and bright. Crystal dear Sound: Omnisoundpeople the B149 Conference Phone audio technology provides clear helps improve employee productivity transmission during meetings - so CONNECTIVITY and collaboration between you and your team don't miss any customers, partners and suppliers - Analog phone connection: modular part of the discussion. Full duplex with features including: 6/6 RJ11 to an analog PBX transmits and receives sound simultaneously to prevent audio - OmniSound°— powerful crystal - Power supply:AC adapter 100-240 clipping; 360° surround sound as well clear sound to provide seamless V AC/14 V DC, 6 m. as powerful speakers optimize audio productivity pick-up and broadcasting. Noise - Expansion microphones: suppression filters cut static - A Conference Guide that easily modular 4/4. background noise and an equalizer helps you set up group calls with the lets you adjust pitch to suit your touch of a button DIRECTORY preference. Optional expansion microphones - Phone book: 5O contacts. Plug and Play simplicity: Connect the that increase range (and number of Avaya B149 Conference Phone to an participants) up to 75O sq ft - Call groups: 20 groups. analog telephone line and to a power outlet and you are ready to go! Quick - SD-memory card to record your RECORDING and easy.Also included is a meetings and conference calls for Supports SD memory cards up to conference guide, perfect for making playback or to archive for later use 2 GB multi-party calls, and a handy phone book to store your key contacts. - A Phone Book for quick access to your key contacts DIMENSIONS • Size: Diameter 240 mm, height 77 mm • Weight:1 kg. 9/11/2 13 12:07 PM BidSync Page 1340Ipf131 12 State Of Utah ttr t sr trt it ��rF917t�#itY } 1� COLOR OPTIONAL ACCESSORIES I I, +5 V1 !t l U I sss tttr r 4 �?� £ t11r t T i li � f AS .�1t 11 7 }r r�t�l t:jfl rtt r htsr�t Charcoal black. - Expansion microphones extend the r�ri i7 r �) 4 i>v t tai t 1 �rt t S tt t2t�r( i rt:hr k !S ,£i voice pickup range from 320 to up l Jjt°£r�i i \S y e s t� f � DISPLAY AND KEYPAD to 750 sq ft (30-70 m2). �� , ,� ��, �},�£ • Display: Illuminated graphics LCD, t£t£ > '�� • Power extension Cable �l� rSlr £rr ttj !}4 ii tl{ �tt4�j i£r-t>1 sl�hri r2 { ��/£� it lilt ri 128x64. 1 r 4'r !i 4�r } � I t r r tt sit £1 tlirrll t i �rl fi -fit r tt �� i 1 ttlr -}t ti iii 4r7'r )r U Irl • Security lock and Cable t � S r} t f£r fit{ 1 1t£y rrti i�gx+��. �ti rrlr � slid t 1"1 li r • Keypad:Alphanumeric 0-9, g r+ 1 r�r !si 172 i i off/F, on, mute, hold,volume up, • Wall mounting bracket. Volume down, 5 buttons for menti navigation, hone book, Conference t tt rr lti'.i 4J�i Cllr�r�' t s' g , p guide. Learn More ttt£ts >fs a Srt rj rr 1 i 1 tilt 1 r lr rt�t z � tS ly std t5 � } t I � Iliiti£r it��itfi j fl ft t A sit{t } p A lU y lr yi it ( I � � ll7 " � t r1f 7}s ri Zi 1££f is t�S�lft ill{tit t �(t jt t t�{� � -t tr fiat lrr �-,t r7 rr rl r- PLATFORM SUPPORT With more than 100 years as a leader in communications,Avaya can help �t s/U'qt '��' ✓'( �i�I' rr�a y p Avaya IP Office RIs 7.0 �, ��` .! t your company maximize productivity �1('�� ££ty�� ✓tt }sl��ti � t'� �t�tztJ�ctiKl�r `�t s� 1 yl li iS\ � r,'s t_ir 1/Slitii 1St h�r�t is�t�rtty itr(r r�r 11 • Ava a Communication Mana er with the intelligent communications y g r i t l t It f i it solutions specific to the needs of your 5.0 workforce. ` � > • Avaya Communication Server 1000 I/lyra ` tli S {t rrt ti t; (�I t r�� iti}ft� i(tz To learn more about the B100 Series � r RIs 6.0 � ) i i1S 1 tirr tr r ? t tr 7 r� � -r7r > >iti Conference Phones, contact your �tS14t qtr r rtZrr �tS \tilt }FI {i �,," Jt t` } � h i i yh i fl S 1 t � � � t �� r t✓i S Avaya Account Manager,Avaya • Avaya Aura RIS 6.0+ Authorized Partner or visit avaya.com for videos, Case studies LANGUAGE VERSIONS �I and other information ShOWCaSIng li' �l �(_ i\rill 5hl)tii it rt�r£S££b 41ti£4 ra{�_t££ St trS s � ) User Interface: Danish, English, Avaya solutions in action. www. ��u r�S 1 rtl �r (t 1 U �� 'if t1}` jt��llil stat+l 4, r lit UVt Finnish, French, Italian, Dutch, y ava a.com l� .\« i S{}' tt 1 £ri I4 tt 4 r it{t+t tr �. t/�t lttr}yl 7tt1 47 t t r� t t 11 t 4 1f1t3t it t r t Qs Norwegian, Polish, Spanish, ��itt £ tl ri i l S, Swedish, Turkish, German, Russian. girt Jit�) (t rr {t tfrt i11 i' tS t �ti;S�rr It it{S i(r/r I�!{ i ii i i it t r t t 1 1 tr2t ti\�{rltitlii V r � (� ?> � �t)tt j tfr,.rt t I i trtr tit }l�)V 11 t}£)9h �t 7S� � t�tri lri� tfrf CONTENTS B149, AC adapter, dual analog line �;� R"'All 1 1 r{ri i a V7 �4r lr/ tlk sib )S i and power Cable 1 t`, ri}ttti�l� tt�r�trrr tis r ;pt ¢a�rir$ t rtitl t ` + r 41st-s i�Stis �S fia S ))r1 rt 711 rt trtrtr � cr ��}� lrr (� 1 s<S 1 t itt )� ftt 1i tti 1U t tt it;�sV t t tr It{r ilii >i{tPz {bra �t ris Ir{SJ t. rfit s r fr Sir Jl:r � s t l tau f rs 1 r S �y��ti tr St �t \ } r rl 1J1 ar tl £ri rr{ tlr jr � itl(r rtt it£r ltr it V Ji lrr 1 ft v It 4 �t 1;. t t ri¢ p t i { 1 tr ttf 1/ tr t�,S r � ltt. t t7 r- S1 i /a rrj 17, f ti l7t�lt �(tSt r�rii t' i t1��I / i11-ir f7�S t4Y� 1}t S sir r_ S t t 151t1 t S 7 !! r It{It r �}r? s {rr tyr 1i S 4t r SR11 t r 7 iU tl trt sl 011 4 � � � rrr IiSt if tlf t 1>t sr ! t Sia f h��t t' �£ �i i t s�ui i{ it }1 r� � r}11�£ �rl is 7r rrrlt 4>tl £t t-�i{ y5 i �� rl�S t t s rrti i 1 Sar r�rSr iy�i r s tt�l ��t +rs f'la a it It -,i Rr bili i44�s (r )tt tri t a}l y£t �ti tt tl f ri) l{` ;fit t7s i �� 7if£?jS S�t tS 1 tl tl t iii tt rr PiSi 1 ,u£¢�(514� t j I,�a `t tilt � lit trrtt�hi?r` �1 � zt�t It r t d 1 S 1 tr�i� itthr�+} t r 1 rS�ai rj t t-t 1� r; I, tr ,tra�r " t rlt j} alit 1 i r l S£ it (p i k l t t 111£ y r r t t � s i 4 t r i � rt f ✓� v r t 'tti£rltr (fi�jSrtt��r�{ alt 1 £t Jtt �1 rrrzt tr>(rprri�r ��i s S t t kl£ ttr i �s ftiy tt 1a S; t ( k Ii ttj t}� il IS�r S'rtl;ifyt yfftf t ) j r� � r li} t rt r, 1 t }£r , lti7 f i s tit 1} Sri Si£t INh£ti t r t a sr l r�tt1£ r tr f� t�i Styr 7�i 1 1 r i h V X411 9/11/201312:07 PM BidSync }t�)�� Si it t�l� lr,r{iS;tttii}4;�t�rrl; �rrl;��rr1;��rrl;� rrl; �rr1;��rrS;tl State of Utah Bid J P1 4001 @ 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by @,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 11/11-UC4712-01 BidSync Page 1342 p 1 12 .�3 State of Utah Bid JP14001 AVAYA The Power of We" Avaya B159 Conference Phone Simple, sophisticated solution extends crystal clear sound and smart productivity features to board rooms and large conference rooms The r 4 r ��> Avaya B100Series Conference hones offer sophisticated and easy to use communication solutions for small to large companies. r vi i g superior voice quality with the award inning Omnisound° audio technology, the B100Series Conference ones cost effectively offer a variety of low bandwidth, lug- lay deployment options, that address the unique needs of diverseusers within your organization with a broadchoice els. With a sleek appearance and suite of deploying a new network. These smart productivity features, the 13100 conference phones can be used for Series Conference Phones are an ideal scheduled meetings and training sessions choices for companies adding endpoints or for impromptu calls between globally to their existing infrastructure or dispersed offices and remote workers. BidSync '136 12 State of Utah Bid JP14001 Flexibility and Productivity - Optional wireless headset Enhancing Features: Enhance web connection and PA system to meet conferencing, video and other the sound requirements for larger communications environments. The groups i" B159 Conference Phone is a versatile high performer that complements Upgradeable software to meet your existing solutions and can be future needs r. easily redeployed as your business - grows or as needs change. Avaya 8759 Specifications Conference Phone The Avaya B159 AUDIO FEATURES Conference Phone - OmniSound°wideband via USB. Best suited for board rooms and large - Omnidirectional microphone. Crystal Clear Sound: Omnisound° conference rooms with groups Microphone: analog line 200-3300 audio technology provides clear greater than 10 people, the B159 Hz, USB 200-7000 Hz. transmission during meetings - so Conference Phone helps improve you and your team don't miss any employee productivity and - Pickup range: up to 30 m2 pert of the discussion. Full duplex collaboration between customers, (320 sq ft), >10 persons. transmits and receives sound partners and suppliers with features simultaneously to prevent audio including: - Loudspeakers:volume 90 db OmniSoundpowerful crystal clipping; 360° surround sound and °� SPL 0.5 m,150-7000 Hz.p powerful speakers optimize audio clear sound to provide seamless Equalizer: soft, neutral and bright. pick-up and broadcasting. Noise productivity suppression filters cut static background noise and an equalizer - Line Mode selector—allows you to CONNECTIVITY lets you adjust pitch to suit your switch and combine analog,VoIP or - Analog phone connection: modular preference. mobile connections (extending your 6/6 RJ11 to an analog PBX. mobile's speakerphone capabilities) Plug and Play simplicity: Connect the - PC connectivity: USB 2.0. Avaya B159 Conference Phone to a - A Conference Guide that easily telephone line and a power outlet and helps you set up group calls with the . GSM and DELT connectivity: you are ready to go! Line mode lets touch of a button 6/6 DEC. you switch and combine analog, mobile and USB connections (so you - Optional expansion microphones - Power supply: Transformer can make VOIP calls with the B159 that increase range (and number of 100-240 V AC/14 V DC. Conference Phone through a PC). It's participants) up to 750 sq ft easy.Also included is a conference Expansion microphones: guide, perfect for making multi-party - SD-memory card to record your modular 4/4. calls, and a handy phone book to meetings and conference calls for store your key contacts. playback or to archive for later use Auxiliary: Modular 4/4 for wireless A Phone Book for quick access to headset or PA your key contacts 9/11/2 13 12:07 PM BidSync Page 1344Ipf131 12 State of Utah Bid JP14001 DIRECTORY LANGUAGE VERSIONS • Phone book: 50 contacts. - User Interface: Danish, English, ''�� s �`yuattr7 Finnish, French, Italian, Dutch, • Call groups:20 groups. Norwegian, Polish, Spanish, s Swedish, Turkish, German, Russian. t RECORDING Supports SD memory cards up to CONTENTS 2 GB - B159, power cable and AC adapter, DIMENSIONS OPTIONAL ACCESSORIES �r=� • Size: Diameter 240 mm, - Expansion microphones extend the height 77 mm voice pickup range from 320 to up to 750 sq ft (30-70 m2) • Weight:1 kg. Dual analog line and power COLOR extension cable Charcoal black. Video systems connection Cable R �lrl + iS� i � ti s k ttlt �4 DISPLAY AND KEYPAD - Mobile phone cables hz £ lll+� s fOfj tlf full i (tt>+t\I�si3 lt��l(f alt r��i�i 1 r� f Display: Illuminated graphics LCD, a r • Power extension Cable 128X64. } N£`T '1 �b� • PA Interface box Keypad:Alphanumeric 0-9, , on/R, � off, mute, hold,volume up,volume • Security lock and Cable down, 5 buttons for menti navigation, line (line mode), and • Wall mounting bracket Conference guide. t I St I r rtt � dpppprrrSi��)1 iii � tit��l)t£is�iii PLATFORM SUPPORT ? � Yti {tilt�� }aht� sr� r � ri��tlt £1} tl £ � r£tjtii 4� t Learn More J,Rb, 41 3i tit S lid • Avaya IP Office RIS 7.0+ {Nif 1"'4 i i i { f l 1 1 r t Ss it 1♦7�� rI r ears as a leader i With more than 100 y • Avaya Communication Manager in communications,Avaya can help Rls 5.O+ your Company maximize productivity with the intelligent Communications • Avaya Communication solutions specific to the needs of your Server 1000 RIs 6.0+ workforce. To learn more about the 8100 Series Conference Phones, • Avaya Aura RIS 6.0+ Contact your Avaya Account Manager,, T Avaya Authorized Partner or visit avaya.com for videos, Case studies and other information showcasing Avaya solutions in action. rl}P ll£ iiti �!th5-�i1 � i kA£ J l Ilry 4 t s t 9/11/2013 12:07 PM BidSync State of Utah Bid J P1 4001 @ 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by @,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 11/11-UC4713-01 BidSync Page 1346 p 1 12 .�3 State of Utah Bid JP14001 AVAYA The Power of We" Avaya B179 SIP Conference Phone Simple, sophisticated solution extends crystal clear sound and smart productivity features to board rooms and large conference rooms 7 � NEJ s �s i� tl ' f 3 S i Q i t ,stir The Avaya B100 Series conference Phones offer sophisticated and easy to use communication solutions for small to large companies. Providing superior voice quality with the award inning isou ° u io technology, the B100Series Conference Phones cost effectively offer a variety of to bandwidth, lug- lay deployment options, that address the unique needs of diverseusers within your organization with a broadchoice of models. With a sleek appearance and suite of new network. These conference phones smart productivity features, the 13100 can be used to complement scheduled Series Conference Phones are an ideal meetings and training sessions or for choice for companies adding endpoints to impromptu calls between globally their existing infrastructure or deploying a dispersed offices and remote workers. BidSync '130 12 State of Utah Bid JP14001 1The Avaya Conference Phone AUDIO FEATURES "} Best suited for board rooms and large OmniSoundo Wideband. conference rooms with groups greater than 10 people, the B179 SIP Omnidirectional microphone. Conference Phone helps improve ' employee productivity and Pick-Up Range: Up to 320 sq ft collaboration between customers, >10 people partners and suppliers with features ,4vaya X779 SIP - Speakers: frequency range: Conference Phone including: 200-7000 Hz OmniSound°— powerful crystal clear sound to provide seamless - Volume: Max 90 db SPL O.5 m productivity Equalizer: soft, neutral and bright. Crystal Clear Sound: Omnisound - SIP based for powerful integration audio technology guarantees clear with Avaya Aura as well as third CONNECTIVITY transmission during meetings - so party networks, also supports PoE - Ethernet: RJ45, AUX (headset/PA) you and your team don't miss any part of the discussion. Full Duplex Web-based configuration to imports Expansion microphones transmits and receives sound export contacts and settings simultaneously to prevent audio - A Conference Guide that easily POWER clipping; 360° surround sound and helps you set u group calls with the powerful speakers optimize audio p y p g p � Power over Ethernet IEEE 802.3af touch of a button (PoE Class 3) pick-up and broadcasting. Noise suppression filters cut static - Optional expansion microphones - Transformer:100-240 V background noise and an equalizer that increase range (and number of AC/13.5 V DC lets you adjust pitch to suit your participants) up to 75O sq ft preference. APPROVALS SD-memory card to record your - Electrical safety: EN 60950-1:2006, Plug and Play simplicity: Connect the meetings and conference calls for ANSI/UL 60950-1-2002, Avaya B179 SIP Conference Phone to playback or to archive for later use an Ethernet line (and to a power CAN/CSA-022.2, no. 60950-1-03 outlet if you don't have Power over - A Phone Book for quick access to EMC/Radio: EN 301 489-3 V1.4.1 Ethernet PoE)and you are ready to your key contacts (2002-08),EN 301489-1 V1.6.1 go! It's easy.Also included is a conference guide, perfect for making - User profiles for storing personal class A, FC FCC Pert 15 subpart B contact details and settings class A, FCC Pert 15 subpart C, EN multi-party calls, and a handy phone 300220-1:2000, EN 300220-2:2000 book to store your key contacts. Optional wireless headset RoHS Flexibility and Productivity connection and PA system to meet Enhancing Features: Enhance web the sound requirements for larger DIRECTORY conferencing,video and other groups Phone book: <1,000 entries per communications environments. The profile B179 SIP Conference Phone is a Hold up-to 5-way conference calls versatile high performer that - Export/import of contacts, Call list complements your existing solutions, which can be easily redeployed as - Support for LDAP external directory your business grows or as needs change. 9/11/2 13 12:07 PM BidSync Page 1348Ipf13J 12 State of Utah Bid JP14001 • User profile:4 profiles (password NETWORK AND protected) COMMUNICATION s �ttf 7 Network addressing: DHCP and s, • Call groups: 20 groups. ??�r static IP t RECORDING - NAT traversal: STUN, ICE and TURN Support SD memory card (SDHC) Connection protocol: SIP 2.0 DIMENSIONS (RFC 3261 and companion RFCs) • Size: Diameter 240 mm, - Transport: UDP, TCP, TLS and SIPS height 77 mm Security: 802.1x Authentification, • Weight: 2.2 Ib SRTP and TLS COLOR - Quality of Service: DiffServ,VLAN 802.1 p/Q Licorice black. Audio support Codecs: G722, G711 DISPLAY AND KEYPAD A-law, G711 Q-law, G729ab as r£s'} r�ss t 1 rti� Ss it }� sr ( rti 4 1 Ir rs' }hiil • Display: Illuminated graphics LCD, - DTMF tone generation: RFC, SIP 128x64PX (5x2,5 in). INFO, In-band ��{tri` tyw;*S� t7 �' s LL� rlr4 � gfl�i ryt.rr}��7t 1 • Keypad:Alphanumeric 0-9, *, on/R, - Time SeYV2Y5: NTP and SMTP 1' �( off, mute, hold,volume up,volume p Daylight saving: Configurable for down, 5 buttons for menuautomatic adjustments u navigation, line (line mode), and z �S ri11 f rtill ntr i �� 11�(( }7 � i�r Conferenceuide. ry r r , Ir { yl� g CONFIGURATION AND '� � t9 PROVISIONING hr i(1 4 li r > > kr ttttt>� I it �i r 11 AVAYA PLATFORM SUPPORT gra ura Conflgtion:Via integrated web Avaya Aura (Communication server, HTTP or HTTPS Manager Rls 6.x with Session 6 Manager .x g ) � Separate U52Y and administrator login for secure Configuration. Avaya Communication Server 1000 RIS 6.0+ Support for device management for '\ easy g p g configuration and updating of l��>>i�� t r �� rr lir t r, tis t 1 S 'Ir V1p �J l�} � � ry t- it • Avaya IP Office RIs 7.0 multiple Conference phones. ilii li 11� t j 1 I\� r(ri (� j�rt 4. Irir yj ly s ar r • Avaya Communication Manager Rls 4 s lr 1t it ti r Rl �4 U 4 r r �u st } irtr Sl y}r S.Oand 5.2.1with SES 5.2.1 LANGUAGE VERSIONS User Interface: Danish, English, 1 ry�lrls�tt � �rt7i'it i}r I rr it� , + �"11 Ili Finnish, French, Italian, Dutch, INTEROPERABILITYNOYweglan, Polish, Spanish , Swedish, Turkish, German, Russian, SIP 2.0, RFC3261 and Companion p RFCS Chinese, Korean,Ja anese and POYtU ase. g l{` ;yr17r i �t�� i��4 ti a F vi trt 1- r S JfIA� i{1 �l i>ti i tlrtis,t � i�rr � s1 � - r� >.rF aJ �ritr$ y r s lr'N r 1 r �l �{ s ,ifl1 it i t Zs y � yt t i 1 ti tj,iirr � rtii t �� itirsr (r r3 ? s 1 r�� t (r,yt ilklJ + rA� rr t rr lrt is r41�r iS liri, t� t iii i rhs f sr Sr 74� 41 ri4{ii y{ir tt � r tri r� � r li��i:rr);rfrrr � Srj ) � r1 � i Irl 1ti! r t IgM1rl �� 1 9/11/2013 12:07 PM BidSync A N State of Utah Bid J P1 4001 CONTENTS - B179, power cable and AC adapter, Ethernet network cable, memory card 2GB OPTIONAL ACCESSORIES • Expansion microphone extends the voice pickup range from 320 to up to 750 sq ft (30-70 m2). • PA Interface box • Security Lock and Cable • Wall Mounting Bracket Learn More With more than 100 years as a leader in communications,Avaya can help your company maximize productivity with the intelligent communications solutions specific to the needs of your workforce. To learn more about the B100 Series Conference Phones, contact your Avaya Account Manager,Avaya Authorized Partner or visit avaya.corn for videos, case studies and other information showcasing Avaya solutions in action. @ 2012 Avaya Inc.All Rights Reserved. All trademarks identified by @'T',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11/12-UC4714-02 BidSync Page 1350 p 1 12 .�3 State of Utah Bid JP14001 AVAYAi, Avaya Call Management System Avaya Call Management Systern (CMS) is an integrated analysis and reporting solution to help you keep in touch with virtually everything t- that's going on in your contact center — whether you want to evaluate the performance of one agent, a group of agents, a single contact cen- ter, or multiple locations around the world. `IVIS provides robust real- time monitoring and historical reporting, including custom reporting, task scheduling, exception notification, threshold warning, administra- tion and configuration, and long terra ACID data storage, working with one or more of your Avaya Media Servers and Gateways. CMS S you optimize on investment right away. You can also take providing for continued operation in the the efficiency call advantage of historical reports to analyze event of a disaster at the controlling site. trends, establish performance benchmarks, center and plan new, more effective marketing or Avaya CMS is flexible and scalable. It's customer service campaigns. ideal for small single-location contact Manage increased call volume centers, large multi-location applications—or without adding staff. Improve customer satisfaction. anything in between. You can use Avaya CMS gives you the power to monitor and When you use Avaya CMS to leverage CMS to analyze the performance of a single analyze virtually everything that's happening information to improve staffing, call flow, and agent, a specific skill, thousands of agents in your contact center—from wait times to skills—on agent u service levels—you'll win your customers' or a g p to eight Automatic average answer speeds, to percent reduction loyalty with your superior service and support. Call Distribution (ACD) systems. over the past year in abandoned call times. Using real-time information, CMS provides Recruit and retain top agents. you with the ability to make "on-the-fly" Using information to create a more efficient Add Avaya CMS decisions to redistribute your expensive and effective contact center in support of both Supervisor human resources, or redirect calls. Or you excellence and quality related metrics has even more flexibility and can leverage historical data to develop new the proactive side benefit of creating a better and improved procedures that will increase C i c place to work and grow, thereby increasing your performance and minimize costs. ability to attract and retain optimal talent. Avaya CMS Supervisor enables you to use a PC Enhance productivity while to access all the reporting and administrative Support Business Continuity. power of Avaya CMS—with a familiar graphical keeping close control on Costs. Avaya CMS provides two options for user interface in a MicrosoftO WindowsO Avaya Call Management System will help contact center data resiliency. With High environment that runs on Windows 2000, you meet your key business objectives now— Availability CMS, two systems operate in Windows XP, Windows Vista, and Windows 7, and grow with you into the future. Because tandem, providing for data redundancy. The or thin client through CitrixTM XenApp 5 with all of our solutions are easy to use and quick Survivable CMS offer provides for business Windows 2003 server. to deploy, you'll start enjoying your return continuity in multi-location contact centers, PRODUCT BRIEF y Page 1351 �pf131� 12 9/11/2013 12:07 PM Bids nc State of Utah Bid JP14001 Avaya CMS Supervisor gives you the power to be • Identify areas where you can increase immediately responsive—anytime, anywhere. productivity and reduce costs. SYSTEM Avaya CMS Supervisor enables you to • Plan new marketing and promotional monitor contact center performance and campaigns. • The Sun SPARC Enterprise T5120 activity from a PC, whether it's within your • Identify training needs. or T5220 server. contact center, at home, or on the road. . Take fast, effective action to improve • Avaya CMS can support up to 800 Avaya CMS Supervisor has powerful tools the overall efficiency of your contact simultaneous Avaya CMS Supervisor that let managers monitor—in real time—any center operations. log-ins, depending on the hardware area of contact center performance, such • Integrate data with mainframe-based docu platform in use. as the number of abandoned calls, average ments such as sales and marketing reports. hold time, and number of calls in queue. A CMS SUPERVISOR colorful icon on the PC screen alerts managers Includes: CLIENT whenever any thresholds are being approached • More than 200 preformatted reports or have been exceeded. Managers can then help you see where you are in achieving . immediately respond by redirecting contact your critical objectives. In addition, our Citrix XenApp 5 TM with Windows 2003 center resources to increase agent productivity Report Designer custom reports package, server (for thin client), or the following and respond more effectively to the influx of included for no additional charge, lets you for desktop deployment: incoming calls. modify those reports or create your own, to fit your unique requirements. • PentiumO II or compatible 233 MHz (minimum) or 500 MHz All Avaya products are • IBMO Informix0 ODBC and JDBC drivers ( g (recommended) or higher processor allow you to access data directly from easy to rate CMS for easy integration with other • 64 MB RAM (minimum), or 256 MB Avaya CMS Supervisor supports your corporate data. or higher (recommended) existing TCP/IP Ethernet LAN connections • Visual Vectors graphical vector editing • MicrosoftO WindowsO 2000, for access to the CMS server Avaya CMS tool for fast, easy vector creation and Windows XP, Windows Vista Supervisor can be loaded onto your server administration. Enterprise, and Windows 7. and downloaded across the LAN to your . Support for increased capacities of Avaya • 50 MB disk space networked PCs. Instantly access your critical Call Center 6.0. CD-ROM installation (unless Avaya CMS data anytime... anywhere. Supervisor is launched from a server) • Analyze call flow. Contact your Avaya Account Manager or Authorized Partner today for more • LAN connectivity—Winsock 1.1 • Match your personnel resources and information. Or visit us at avaya.com and or later compliant network TCP/IP skills to call volumes and caller needs. protocol stack click on Contact Centers. About Avaya Avaya is a global provider of business collaboration avid communications solutions, providing unified communications, contact centers, data solutions AVAYA avid related services to companies of all sizes around the world. For more information please visit www.avaya.com. The Power of We'" 0 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries. All trademarks identified by 0,TM or SM are registered marks,trademarks,and service marks, respectively,of Avaya Inc. All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18, 2009. 07/11 •GCC1084-06 9/11/2013 12:07 PM BidSync Page 1352 Ipf131� 12 State of Utah Bid JP14001 i Qg l 4 tI If� The Power of W6' Avaya Cloud Enablement for Video Solving Video Deployment Meanwhile, enterprises worry about: Challenges from the Cloud - Video and audio quality The Challenge of Deploying Video - Limited physical space compared to Services demand Businesses today use a variety of - Liability technologies to connect face-to-face over the Internet. Though HD telepresence is a - Base of setup and use reality, deploying video services has its - System compatibility challenges. Being able to collaborate with partners, Cloud service providers must contend vendors, and other third parties with: A Better Way: Video-as-a-Service • High initial capital and operational Turn these negatives into positives by expenses of deploying a VaaS cloud offering superb video communications as offering a paid service and allow your customers to • Justifying ROI enjoy full HD video conferencing without the costs and technical expertise required • Administration complexity to install and maintain individual video • Integrating with billing and infrastructure infrastructures. With Avaya Cloud in a multi-tenant service offering Enablement for Video, cloud service • Lack of customer interest due to providers host the video infrastructure perceived hassles and lack of capital while their customers deploy their own endpoints such as telepresence systems, room systems, PCs, and mobile devices. BidSync � '13�6 12 State of Utah Bid J P1 4001 Avaya Cloud Enablement for Video - Microsoft-Qualified Gateway-Avaya Cloud Enablement for Video is the only Microsoft-qualified gateway for What Makes Avaya Cloud Enablement for Video extending standards-based video room systems to Lync Different? video users. Not only does Avaya Cloud Enablement for Video allow Innovative Slider- The unique content 'slider'for data cloud service providers to offer video as a service, it has a collaboration provides participants with the ability to go number of unique differentiators including: back and review previously presented materials without • BYOD- Users simply click on a link, install the browser interrupting the presenter. plug-in or app on their mobile device and connect. High Availability, Redundancy, and Security- Features • Internal and External Collaboration - Internal and include encryption support at all levels, unique virtual external users of room systems, desktop systems, and cross chassis IP-based backplane, Scopia Management mobile devices alike can collaborate and share data from middleware, and multiple VLAN support for traffic virtually anywhere. separation and out of band management. • Open API - The most comprehensive open API in the What Makes Avaya Cloud Enablement for Video market today allows for full flexibility and service Better? customization allowing partner branding on the client Unique among its competitors,Avaya Cloud Enablement and backend integration into the provider's backend for Video consistently delivers a number of important management system. benefits. • Most Powerful MCU in the Industry- With its unique hybrid software-hardware architecture, Avaya's MCU Across the Board H.264 SVC:The industry's first offers unparalleled video quality while delivering the comprehensive, high profile Scalable Video Coding (SVC) solution counters network errors and packet drops, highest port density available. This MCU revolutionizes the way transcoded video is processed, doubling the improves network resiliency, reduces bandwidth performance of traditional MCUs and slashing energy consumption by 30 to SO percent, and ensures high consumption in half. quality communication across the entire infrastructure and endpoints. Quality of Experience: Using a set of algorithms,Avaya Cloud Enablement for Video maintains a high quality of experience for those connecting to the cloud service provider's data center, including the NetSense end-to-end quality monitoring and network adaptation capability. Customization:With its API, Avaya Cloud Enablement for Video integrates seamlessly with existing backend systems. In addition,you can customize the look of the interface to match your brand identity. Unparalleled Scalability:Add MCUs, endpoints, mobile and desktop users, or additional infrastructure to support more users as demand grows.Avaya Cloud Enablement N* for Video offers unlimited scalability and load balancing to a ensure that MCUs do not exceed capacity. Multiple MCUs act as a single virtual MCU. In addition,video 2 avaya.com 9/11/2 13 12:07 PM BidSync Page 13541 12 .�3 State of Utah Bid JP14001 infrastructures can be distributed over HTTPS encryption. These end-to-end several sites or hosted in one security features allow cloud service �r , centralized site. providers to offer a secure service that addresses risks associated with then Interoperability:While other systems mobile workforce and BYO D. limit interoperability,Avaya Cloud , Enablement for Video works with all Out of the Box Multi-Tenancy: ` devices, protocols, and video vendors Allowing service providers to leverage including LifeSize, Polycom, and the built-in platform capabilities for � ' iiia Cisco. By ensuring full compliance and quick ramp-up and launch of new X, unmatched interoperability with any video services to the market. IP/ISDN device, services providers can What's in the Virtual Box? reach out and offer services to a wider D, range of customers.Avaya Cloud Avaya Cloud Enablement for Video is t � re Enablement for Video can als (SDK/ offered as a "do it your way" connect to Microsoft Lync, IBM API)or a multi-tenant "out-of-the- Sametime,Avaya Aura®, and other box"solution. unified communications systems. 1. The SDK/API edition allows cloud �\� Accessibility/Simplicity:AVaYa Cloud service providerstO purchase Enablement for Video is easy to infrastructure from Avaya, while + 4 tde 10 and use, allowing everyone tO utilizing their existing back-end Connect tO a virtual room regardless systems and portals to manage and I,t�k ti' rt iN ( r tir11V i ti s Of location Or device type, and provision the Avaya system In a multi- ` features a unified Interface across all �iju i ? if jr i,t �tl',,�it,Ilt1�(l� 1 t� 3 it1 1 tenant fashion, add capabilities, and devices and easy-tO-use Onscreen Customize their package. trt �j tt\ttli7�l7 ;,�tt iti it - tztl{ �. �� Qs tli ll�tt s1�t}�1 4, rfit�t;i menus. 2. The multi-tenant option IS Ideal for ,t I S iii?�ttt1 t iS � i }h Ili �}It t ( t 1, V�st3t t Iltt �r l i Ease of Management:With its video those who need toq uickly deploy de to a federation capability, Avaya Cloud comprehensive out of the box solution � , sil S Enablement for Video blends system that leverages Avaya's infrastructuret1 i 4 t r l i yti t�ltir t11,F s� it{s �i t } Iy i management with third party and provides for complete user �'�` I' t o t f � ��t�i+��s� ,r �' �i�r� � endpoint management Into a single multi-tenancy, and f � ? �i, - y 1 it t }� tt t\ t1�p 1�t1 ii f £It l i tt, S suite, allowing for multi-vendor administration. �ii4111 1 1 t t i h t l { ) tIt frig ryr,ii }trt t ti\\ , ,. � i 11 tG;4 endpoint remote management, Both Options Can play a role in Citi 3r.,z t 1�1' ¢, ,1f11 Ie Centralized trouble management andi� tracking, detailed reporting, and building rewarding partnerships between CIOUd 52YVICe pYOVIdeY5 and U, active aCtlVe monitoring Of Customer `I 't�l� �l7ier� I `�1 enterprises.Avaya Professional equipment. f 1Ill t y1 tr (ni �r SeYVlC25 supports Avaya Cloud pp Y x F z t,itS i tiK 1 is 1 t4S t , 11L,11 tit � a � t�ttt�yt -sir rri tt IKI t Security and Control: Prevent Enablement for Video with software unwanted guests and unauthorized and hardware support, upgrades, and users with built-in security measures maintenance plans. i ~ri r ii t1 ii ; �i i his, such as: Owner and access PINS, 10"1Q, Mll authentication, locked meetings, s, and 1 ih �7 st1 ttti }� tf tr 1t� t,ri I,t�t�l K, x,111}� 15} (f 11{ 1s 5 +t t t r t I r i t ti t1 i It1 � t 157 i r t�t t 41 t,t 9/11/2013 12:07 PM BidSync ,n t,}t,}t,},,,}t},},},,}t,} State of Utah Bid J P1 4001 Rise Above the with endpoints, equipment sales and Competition leases,virtual rooms, recordings, managed services, MIDLS leased lines, Business Benefits &Value remote management, and VNOC tenant Avaya Cloud Enablement for Video management. allows you to differentiate your organization and offer a hosted, cloud- What Your Customers Want based video conferencing solution. In general, enterprise customers want Once customers have deployed to: endpoints and experienced your - Increase productivity infrastructure, they usually won't switch. By offering video as a paid service, you - Control costs increase customer loyalty, build long - Make decisions faster term relationships, and generate a - Improve customer intimacy consistent income. Cloud service providers also have the opportunity to - Speed products to market access accounts which use end-points - Create cohesive team environments that are non-Scopia, therefore gaining new customers that they would have - Shorten the problem resolution cycle otherwise been unable to service. - Leverage, manage, and control BYOD With its proven profitability and shared - Use existing systems resources,Avaya Cloud Enablement for Your ability to address customer Video quickly generates a return on business needs is crucial.Avaya Cloud investment. Opportunities to upsell Enablement for Video aligns to all equipment, connectivity, and services benefits listed above, allowing you to are plentiful. For example, you can fulfill solve problems and make a positive all of a customer's video requirements impact. @ 2013 Avaya Inc.All Rights Reserved. All trademarks identified by @,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 03/13-UC7236 BidSync Page 13561 12 .�3 State of Utah Bid J P1 4001 AVAYA The Power of VW Avaya Cloud Enablement Solutions for the Enterprise With today's economic pressures and shrinking budgets, organizations are challenged to do more with less. To remain competitive, enterprises must optimize their communications systems while protecting their investments and keep systems running. They must also keep these systems running in the face of an ever growing number of applications and devices that are rapidly becoming indispensible to the workforce. Managing powerful, complex networks hosts and delivers cloud-based and applications can affect both direct collaboration services built on Avaya and indirect costs and drive up total cost solutions. The Cloud Enablement portfolio of ownership, making it even more difficult includes:Avaya Cloud Enablement for for organizations to focus on their core Unified Communications and Avaya mission. Thus, enterprises have started Cloud Enablement for Customer evolving their communication and Experience. Both are available to your collaboration solutions to managed, company through your selected Cloud hosted and cloud communication Service Provider. applications and services. Avaya Cloud Enablement To meet these challenges,Avaya Cloud for Unified Enablement Solutions provide a complete Communications suite of collaboration solutions to help enterprises gain the benefits of cloud Voice and Video: Comprehensive communications —shifting capital SIP-based secure end user voice and expense (CapEx)to operating expense video features facilitate effective (OpEx), simplifying ongoing management, communications among employees, and accelerating application deployment. customers and partners. Presence: Provide rich presence and How Your Company Can instant messaging capabilities across a Deploy Avaya Cloud wide range of business environments. Enablement Solutions Aggregate and publish presence from To obtain Avaya Cloud Enablement and to multiple sources and clients Solutions,your business will need to work including third party applications. with a Cloud Service Provider(CSP)who BidSync a vqQ cj�� 12 State of Utah Bid JP14001 Messaging: Control your messaging Right resource at the right time: By environment. Manage texts, emails, capturing resource skill sets in the { voicemails and instant messages in routing database, contacts are one user-friendly format. routed to the right resource by skill � ) `,�+i trs 't . type, regardless of contact channel. Conferencing: Collaborate using the Avaya conferencing suite. Automated interactions across media: Lower service Costs by Full Range of Devices:Take automating self service Interactions advantage of a wide array of end aCY055 multiple media including user devices any place, any time. £ � � voice, mobile, and integrated voice Existing Avaya desk phones, response res onse to outbound voice, emailK { Conference phones and a full range and SMS text Interactions. £) of Soft clients are supported. 'iAttendant console allows users to Contact recording: Capture easily manage calls and work customer interactions across a groups. wide range of channels. Reliably and securely record all voice Mobility: Extension to cellular transactions across multiple sites, Avaya Cloud capabilities provide ease of use or randomly capture a subset of and reachability across Bring Your transactions that may be of Enablement Own Device (BYOD), helping to particular interest to you. Solutions provide maximize productivity and time to action. Reporting: Monitor and analyze complete suite virtually everything in your contact With Avaya aloud Enablement for o collaboration center- from wait times to average Unified Communications, solutions ( �� answer speeds, to percent reduction organizations get a full range over the past year in abandoned call of cloud-based advanced enterprises � times. Get real-time monitoring to communications and collaboration the benefits make "on the fly" decisions and capabilities—voice,video, mobility, leverage historical data to develop ( cloud messaging. new and improved procedures. communications. Avaya Cloud Simple, intuitive agent desktop: Enablement for Get a rich contact center agent Customer Experience desktop with advanced contact handling features, on demand Management access to customer information, and Multichannel customer interaction: immediate access to experts. Give Let customers contact you through your agents — whether at your their channel of choice. headquarters, local branch or home office— the tools to deliver superior customer service. 9/11/2 13 12:07 PM BidSync Page 13581pf14I 12 tlPf1 State of Utah ,I With Avaya Cloud Enablement for Financial flexibility: Optimize cash Customer Experience Management, management by shifting CapEx to { o' your business can access key OpEx. With utility pricing, gain capabilities including voice, predictable monthly costs based on multichannel, self-service, reporting, usage, not idle capacity. Use the workforce optimization, and agent cloud for alternatives to traditional } ra desktop leased or capital purchased customer premises equipment. ��; Enterprise customers looking for more information on Cloud Service Business agility: Quickly scale Providers offering Avaya Cloud based on fluctuations in demand, Enablement Solutions should contact seasonality or other business needs. their Avaya Account Manager. Remove the need to provision for expected peak volumes — instead, The Avaya Difference: expand when needed while paying Benefits of Avaya Cloud only for what is used. Enablement Solutions - Rich user experience: Deliver Simpler, easier to manage for the enterprise seamless user experiences across environment: Get automatic system cusp on-premises, cloud and mobile upgrades without the overhead. • devices supporting enterprise Easily and quickly add new Market leading Unified BYO D. applications and services. Eliminate Communications(UC)and Contact technology obsolescence concerns Center(CC)applications: Get the Investment rotection: Rationalize within your organization. same trusted feature-rich Avaya and streamline investments by solutions —delivered flexibly and preserving, adapting and Enterprise system management cost effectively from the cloud.And streamlining your move to the cloud. and control: Retain control over with the Avaya Aura°platform, the Leverage your existing investment administration management via next generation people-centric and training, while retaining the user Avaya Control Manager. collaboration solution,you can experience that's familiar to your create an evolutionary path for your employees. Ease migration to the existing communications. cloud for some of all of your • departments. lexi leo tions: Deploy cloud communications for some or all Open standards: Comprehensive users within your enterprise. Overlay suite of UC and CC applications discrete services to enhance with rich APIs enables custom on-premises applications or get the application development and benefits of holistic communications integration — delivering solutions. differentiated services for your users. 9/11/2013 12:07 PM BidSync 4�2 2 State of Utah Bid JP14001 Differentiated Cloud Communicationsr Enterprises Quality rte ll Cloud Solutionsr Cloud Service Providers I Enterprises who want to differentiate their business need the solution that matches their needs. Avaya Cloud Enablement Solutions are built on the same market leading Avaya Aura°platform that delivers the rich features and applications reliably, at scale, and based upon open standards. With Avaya, enterprises can get the choice and flexibility provided by Avaya Solutions — across a full range of deployment options whether on their premises, or across private, public and hybrid clouds. Together, Avaya and Avaya Partners provide a comprehensive portfolio of communication and collaboration services to transform the way people work together. Learn r For more information on Avaya Cloud Enablement Solutions, please contact your Avaya Account Manager or your Avaya Authorized Partner.You can also visit us at www.avaya.colin/cloud ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 05/13'UC7267-01 BidSync Page 1 360 4112 t t yyy r 111 fti f lr�l 11 t v 4 1� State of Utah Bid JP14001 AVAYA t, The Power of We" Avaya Contact Center In today's environment, marketcircumstances and customer needs are constantly evolving. Consumers are � demanding more efficiency and immediate responses in every interaction with product and service vendors. With an ever growing selection of goods and services, consumers expect service providers to be more aware, attentive and responsive totheir needs. If these needs are not met, they will simply move on to the next provider. Avaya Contact Center complements Avaya Aura® Control Manager - Making Communication Manager with a range the Best Better of functionality and operationally- oriented administration tiers. This can To address these mounting challenges, effectively streamline management of many companies have invested in the all Avaya contact center operations, very best- robust Avaya Contact Center enabling organizations to respond to solutions that are designed to even the most demanding customer consolidate organizations'customer- needs in real-time. facing activities across all channels and deliver superior customer service. Now it's time to make the most of this A Uniquely Powerful investment with simpler, easier, Management Foundation centralized administration and Contact Center Control Manager management. complements the entire Avaya Contact Center portfolio by effectively Avaya Contact Center Control Manager combining and integrating management delivers seamless integration and and administration of a wide range of centralized administration for the Avaya contact center entities. Rather than Contact Center portfolio. It provides focusing on technology components powerful ability to allow both technical and IP telephony entities, Contact and non-technical administrators to Center Control Manager spotlights vital manage the key day-to-day tasks such yet intuitive functional hierarchy and call as handling agents, users, extensions, center business logic. This powerful voicemails, hunts, and skills from an management application includes - easy-to-use web-based interface. Contact Center Control Manager BidSync f 4112 State of Utah Bid JP14001 Centralized management and Conversation Sphere-a web- administration across Avaya based designer studio to design f F C t Contact Center products: For processes within Contact Center Communication Manager, CTI Control Manager. Utilize a single system, Integrated Voice Response flow to create the entire routing (IVR)and call recording system cycle between Avaya Aura® i setup and maintenance, perform a Experience Portal/Voice Portal <� ( one-time definition of all relevant applications, Proactive Outreach contact center data and entities then Manager applications, and Avaya have Contact Center Control Aura Communication Manager Manager apply across Avaya vectors. Contact Center product offerings. � A simpler way to manage your s � Simpler way to administer contact Avaya environment: center parameter changes:Vector - Support multiple Avaya Aura directory numbers, policy routing Communication Managers on a tables,vectors, skills, service hours single deployment of Contact � k J. tables,vector routing tables, holiday Center Control Manager. Get tables, agents, extensions, call flows, multi-range dial plan support per IVR working hours, dynamic location and trace capabilities. AvayaContact Center prompts and menu content changes _ Transition seamlessly when can all be easily set up and managed solutions are erre running a mixed environment of through a unified and intuitive Avaya Aura Call Center Elite and o consolidate browser-based interface. Avaya Aura Contact Center. f)rnlZlf)n. pp p Easy to use tools n _intuitive user Support multiple versions of interfaces:Allow control and Avaya Contact Center products customer-facing administration to return to non- with one administration tool. technical personnel within the activities across all Roles-based permissions:A broad contact center or line of business channels and deliver teams who use and rely on the array of centralized security solution on a daily basis. features, including the ability to superior customer apply roles-based permissions for Deploy the following tool: every object administered. Manage service. - Sphere- a web-based, highly roles-based access using Visual personalized thin client Organization Chart. application interface Tenant partitioning:The multi- - Control Sphere- a tool to search tenancy function allows every object the entire environment and track that is administered to be assigned changes to a tenant and provisioned to the relevant Avaya system based on its administered location. System transparency is maintained as well as uncompromising tenant privacy and security. 9/11/2 13 12:07 PM BidSync Page 1362Ipf141�12 State of Utah Bid JP14001 Integration with ActiveDirectory: Centralized Administration Complete Active Directory Multi-tenancy integration with single sign-on hale Based Centralized Permissions License functionality. , � raclser Scalability:Accommodate small, Active Directory 1 LDAP v; GSekt-Service E L1%0 L SIP medium and large organizations - IntegrationSolutions ^F all within the same tool. Ci Support for virtualization: Running organizational chart lEScheduling �� Capabilities Contact Center Control Manager on Managementfto virtual machines means less �t�i �a #IghAvaitabaity \fir Local vn hardware and it can lower costs. " rt Users Auditing Management a Capabilities Audit log portal:Track any changed rwere& add/remove and administration �,, af411!hwaa ��'�' Agent , Erni i3' party management modifications to any Management �` lntegratiexn object that Can be managed from $ the Contact Center Control Manager Avaya Contact Center Control Manager-Control Sphere World platform. • Localization: Contact Center Avaya AuraCR Communication - Call Management System - full Control Manager is localized in 14 Manager- centralized integration with CMS dictionary languages. administration and single point of - Avaya IQ • management for all contact center High availability an reporting: - Avaya Aura Workforce components and related entities, Multiple high availability options, Optimization -covering the full including Avaya Aura Call Center and enhanced trunk and traffic Elite,Avaya Unified Messaging suite, including Recording, Quality reporting. Monitoring, and Workforce (Modular Messaging and AUDIXC�), Avaya Aura System Manager, and Management applications Seamlessly Integrate Avaya Aura Session Manager. - Avaya one-X®R Agent Across the Avaya Avaya Aura Call Center Elite - Third-party adjunct Contact Center Contact Center portfolio Multichannel applications Avaya Contact Center Control Avaya Interaction Center Manager seamlessly integrates with fits Avaya Aura Contact Center for Your and supports operational Contact Center administration of the Avaya Contact Avaya Aura Experience Portal - Center suite, including the following Web-based voice application design By deploying Avaya Contact Center applications: and management;control of all IVR Control Manager you can: system aspects without a single line Reduce costs by administering all of code Avaya Contact Center products • Proactive Outreach Manager from within one intuitive tool that • Proactive Contact includes Roles Based Access Controls and templates 9/11/2013 12:07 PM BidSync 46 2 State of Utah Bid JP14001 s,,t spa spa spas5a spa spa sp�s�a spa spa s'a s �✓� Enable non-technical personnel to administer your contact center applications to create higher efficiencies Enhance security with multi-level access privileges Implement full tenant partitioning and still maintain system transparency, customer privacy and security Learn More For more information on how you can deploy Avaya Contact Center Control Manager, please contact your Avaya Account Manager or Avaya Authorized Partner. Or visit us on avayaxolin ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 05/13•GCC5270-01 BidSync Page 1364�pf141 12 r State of Utah Bid JP14001 AVAYA The Power of We" Avaya Desktop Communications Enablement j One of the many Avaya Client applications available adds click-to-call and click-to-join/hast conference ells to Microsoft desktop software. Organizations looking for an entry-level unified communications (IJC) solution can benefit from this application. Avaya esk op Communications Enablement ( ) is a client-side software lug-in for Microsoft Office suite including Outlook and Internet Explorer. A Desktop Notification service provides inbound call handling oions. Avaya can be optionally co ine with Avaya icrosoft Lync Integration and Avaya icrosoft Dynamics and Salesforce CRM Application In egr ion. Customer Benefits Easily create a presence-enabled personal contacts list for seamless call Improve productivity transfers. Empower users to connect and communicate quickly with people Reduce Costs directly from Microsoft desktop Preserve investments in Avaya applications using their phone or UC telephony and video systems, including client of choice. Avoid delays associated desk phones, software features and with looking up and dialing people's trunks. phone numbers, conference bridge numbers and passcodes. Accelerate adoption of unified communications Improve customer service Begin the roll-out of unified Find and communicate with subject communications within your matter experts immediately and relay organization by enabling employees to information quickly to customers to click-to-call others from Web pages and drive higher satisfaction and more Microsoft Office applications using their repeat business. preferred communication devices. BidSync '146 12 State of Utah Bid JP14001 to join/host directly from a Calendar r-lew Client applications h« 5dution tdoWn ant I r, invite OY meeting reminder and the i Meeting i insert Fpr-matText Add-Ins �,d ability to click to launch a Web , �} ; Ppn ritment collaboration session if available. This Scheduling Assistant �) Sawa c& Re rnd,ioptions spelling Juin ' Cias - functionality is designed to work with I ( 'C�nference @ i PActionsShow j Proofing � �rr��e;_13��55522�� virtually any Avaya or third party please respun Launch:deb CnllaBniatian conference bridge product or service. Conflicts with another appointment an your Calendar. Organizer: manna Franke Sent: Fri 24/08/2012 11:( Subject: rle11 —_C,ientApplications 52 Suhurtioan document Desktop Notification Service L .-. Location ' `.C7 conBridge:—13035552200,Passcode, ps. 123456,I7## i aacpie ievtcpa :par � _ —. __..avaga caiii.aa_ With the Avaya Desktop Notification Start time: �Fri 2l,03.2f112 ,l 111:00 Y, _ i ��` Service,Avaya provides users with End time Fri 241 08;212 V 1130 w the ability to receive incoming and r est use this meetingto run through the document: I outgoing call notifications on their PC L desktop. Any incoming or outgoing calls the user makes or receives from any of his or her associated devices are presented as a `toast' notification on the user's PC desktop. Through the Desktop Notification Service the user Communications Click-to-Call with Avaya Office is able to:view the caller ID, answer Enabled Iii Add-In an incoming call, release a call before Click-to-Call with Avaya Web Avaya Office Add-In adds click-to-call or after answering the call, initiate a Browser Add-In functionality to the Microsoft Office cell, put a call on hold, retrieve a held application suite. Users can simply cell, transfer a call to another contact Avaya Web Browser Add-In allows or telephone number,view the call users simply to mouse over telephone mouse over a contact's name within Microsoft Office Outlook— from history and the list of missed calls. numbers or extensions contained The DCE Notification Service also e-mail, calendar, contact, task, or within external and internal Web journal items — end click to make a includes a user configurable contact pages to call people with a single call using the employee's desk phone list which can be used to create a list click. The application then initiates a of frequently used contacts to enable phone call from the user's preferred or UC client. Office Add-In also supports smart tags so that users can quick dialing or call transfer. The phone or UC client such as Avaya click-to-call from phone numbers contact list can also be supplemented Flare° Experience for Windows or with user presence where available. Avaya Microsoft Lync Integration within Microsoft Office 2007 and 2010 applications:Word, Excel, client. Customers can opt to deploy the DCE PowerPoint and in the body of Notification Service functions with Web Browser Add-In also supports Outlook e-mails. Office Add-In helps Avaya Microsoft Lync Integration or click-to-call from Web page pop-up eliminate dialing errors and time use in conjunction with an Avaya desk boxes. This application is currently spent looking up phone numbers. phone or UC client such as Avaya supported on Internet Explorer Click-to-Join/Host Conference one-X°Communicator or Avaya Flare versions 7.0 to 9.0. Bridge SIIrom l !c provides Experience for Windows. The DCE users with an easy way to participate Notification Service can be deployed in or chair conference calls by clicking in conjunction with the Web Browser Add-in and Office Add-in applications 9/11/2 13 12:07 PM BidSync Page 1366Ipf141�12 State of Utah Bid JP14001 to provide a complete desktop communications experience. Avaya Desktop Communications Enablement Optional CRM Integration adds with Avaya Flare Experience On Windows,Calling other Avaya end points additional capabilities to the DCE One x Sssa Session Manager Notification Service to display caller (SIP) name and company information , f " Flare on Wad y (sip) retrieved from the Microsoft ' y Devica ��vayaAura�° Dynamics or Salesforce CRM aen 5reuetical'ratt Manager database for incoming and outgoing r calls, as well as generate f corresponding customer activity { records in the CRM database that q �� automatically populate caller and call One (6323) Hare on Windows DCE(Office and €3 duration information. Device Device vVavies (SIP) Web arowsor)Add-in ovl .. No UC client required Avaya ACE'" Office and Web Browser Add-ins do not require a UC client option allows for one-time installation ACE). For click-to-call control of such as the Microsoft® Lync client in on a Citrix server. Avaya one-X°Communicator and/or order to communication-enable Web desk phones, or when deployed pages and Office applications. alongside Avaya CRM Integration, an Other Benefits Avaya ACE server is required which Automatic telephone number Multi-vendor communications provides capacity of up to 10,000 formatting integration users per server. Avaya uses a unique number Avaya Web Browser and Office Add- For Avaya CS 1000,Avaya DCE recognition algorithm that identifies Ins are designed to be compatible requires installation of Avaya ACE and telephone numbers on web pages with single and mixed vendor voice capacity is up to 10,000 users per and applies correct national, and video environments. Systems that server. international, and enterprise dialing support CTI for click to dial control of rules to ensure numbers are called a device include: correctly. urs Avaya Aura°Communication Platform for her Manager Communications- Rapid and flexible implementation . Avaya Communication Server 1000 Enableduse ness Avaya Office and Web Browser Add- 7.0 +. Applications ins are compatible with Windows XP SP2,Vista, and 7 operating systems. Capacity Avaya Desktop Communications Desktop Communications Enablement is an Avaya Client Up to normal capacities of Avaya Application, part of a portfolio of Enablement can be implemented Aura Communication Manager when easily using a configuration tool that client-side integrations to various Avaya DCE is deployed for use with desktop applications and clients. creates an end user install package. Avaya Microsoft Lync Integration or Avaya DCE can also be deployed Although the Avaya DCE application Avaya Flare Communicator for is client-side only and does not within a Citrix environment. This Windows only(i.e. no need for Avaya 9/11/2013 12:07 PM BidSync '14012 srt �yyk �( (� �1 , {si ri ti ilkt t <' S� State of Utah Bid JP14001 ,� r s ,�',i sr 7 s�a,,t�a spa spa s��s�a spa spa sh,a spa spa /�i 1,11„{,ti;�( require Avaya ACE'"when used in conjunction with Avaya Aura°Communication Manager for click-to-call control of Avaya Flare° Experience for Windows or Avaya Microsoft Lync Integration;when Avaya DCE is deployed for use with devices such as Avaya one-X°Communicator and/or desk phones, or when integrated to Avaya 051000 systems, then Avaya DCE also requires the provision of Avaya ACE. Avaya ACE'" is Avaya's software platform for communications-enabled applications (CEA) and business processes (CEBP). Its key differentiator is rapid and simple integration of Avaya Aura°and multi-vendor communication systems with business applications and workflows.Avaya ACE is available as a set of packaged applications that can be implemented off-the-shelf with high return on investment, or as toolkits for IT developers who may not have telecom expertise.Avaya ACE toolkits consist of both high-level Web services for simple application integration and low-level foundation services for fine-tuned control of call flows across an Avaya Aura Session Manager network. Learn More For more information on how Avaya Agile Communication Environment"'can help your organization gain competitive advantage by integrating business processes with existing communications systems, contact your Avaya Account Manager or Avaya Authorized Partner and visit . v y .c r . ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 12/11•UC5089-04 BidSync Page 1368�pf141 12 State of Utah Bid JP14001 AVAYA The Power of We'" � Experience for Avaya Flare'R Windows andiPad Devices Turn an iPad or Windows-based device into a one-stop real-time collaboration center. Flip through the fans Video and audio ,,.��. to find conference sessions have participant roster, individual spotlights. �� ;��''I�s enterprise and personal (Its 1 li��SF Drag and drop - ��,�, ,t �` �'l °� ` contacts, call history I lp contact cards intoti1r � t and IM. View resence spotlights to establish ��il,` for contacts on multiple tR ti communications. ,4 « channels (audio, video, 1 „r �i , f I M). SAM% �,�S You can have multiple Q�` '4�> communication sessions y est Y b switching to another =R �<rg Cifa,,, K spotlight. Switch back and forth Escalate to content between voice calls, sharing with one click of IM and e-mail. the collaboration button. One-stop Communications and Collaboration Avaya Flare° Experience—the innovative "spotlight" - Point-to-point and multi-point audio and video interface that streamlines collaboration—works on iPad conferencing and Windows-based devices, delivering easy, one-click - Instant Messaging and Presence access to communication and collaboration that improves productivity and drives faster decision making. - Web collaboration, document library and whiteboarding Employees can use iPad and Windows PCs to log securely Take full advantage of your Avaya Aura°communications into your company's Avaya Aura°Session Manager server capabilities, including Avaya Aura°Conferencing. and get access to: Initiate ad hoc or meet-me conference calls and share • Integrated Web collaboration and video viewing content with participants. • Desktop and mobile professionals can dial into Radvision - Implement a consistent interface that simplifies Bring Scopia° Elite virtual meeting rooms via Flare Experience Your Own Device (BYOD) strategies. • VoIP avayo 9/11/2013 12:07 PM BidSync , 6 ' 4't,,12 Req�y�q ',ryp�', ',qyp' �y�q ',ryp�', State of Utah Bid JP14001 �#1 Wre 1 1 �# Wre 1 on Wrelons 1 Infrastructure: Flare with Conferencing7 requires ,ls lei � �1 S 1{ } f3islni�wl�d Arth tecPure&CasUa9kng:.. Aura R6.2+. Flare without Conferencing 7 provides '1 ",�' S esas4 ANcos9,; p2paudio, IM/presence; requiring Avaya Aura R6.1 �i �� s��,,11 � ` 4 'Cp2 video requires upgrade to Avaya Aura 6.2+). 1 ' Irt�`,1��{I;(t1 �y 115}11 nli II {,�4 11 • Windows SW: Microsoft Windows 7 (Enterprise, � '�'I� N. Ultimate or Professional), 32 bit Windows XP , t (Home or Professional)with SP3+, Microsoft .NET Framework 4,Java 6 update 18 or higher • Windows : Dual-core processor or better, 2 GB or more of RAM,1.5 GB free hard disk space, 32 or 64 bit • iPad Devices: iPad 2; new iPad with 3G or WiFi; iOS 5.0 or higher • EnterpriseDirectories:Active Directory, Novell, Domino • Personal Contact Integration: Microsoft Outlook 2007/2010 contacts, iPad local address book • Audio Codecs: G.729, G.711, G.722 (HD Audio), iSAC, WB/SWB, iLBC • Video Codecs: H.263 in SQCIF, QCIF, CIF and resolutions, H.264 (AVC), H.264-SVC Unified Communications and Collaboration • Simple and intuitive user interface - Avaya Session Border Controller support • A superior HD audio and video experience* (VPN-less access)* • Support for midcall features(DTMF hold, mute,etc.) e VPN access via iPad and Windows PC • Personalcontact integration/Enterprise LDAP Directory ® Chick to dial from office apps via Avaya Agile • Avaya Aura Instant Messaging/Presence federation Communications Environment (ACE) with OCS/Federation with Lync* Conferencing • Ad-hoc, Meet-me and Large Event Conferencing - See who dropped from the conference, who is • Intuitive conference controls such as continuation, actively speaking silence, mute, lock, lecture mode, raising your hand, add participant, promoting participants Web Collaboration • Upload and share documents from your library Enter minutes, notes, questions, and messages ® Share desktop,';documents,applications,and during a collaboration session (Windows only in white-boarding current release) *video on Wad available on the app store now for trials Coming soon SBC support and Federation with Microsoft Lync Learn more To learn more about Avaya Flare° Experience, talk to your Avaya Account Manager or Authorized Business Partner or visit us at www.avaya.com. About Avaya is a global provider of business collaboration and communications solutions, providing unified communications, contact centers, networking and related services to companies of all sizes around the world. For more information please visit www.avaya.com. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,"",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.or Radvision,an Avaya Company. A r.. ' „�,. 11/12•UC7119-01 9/11/2013 12:07 PM BidSync Page 13701pf141� l2 State of Utah Bid JP14001 AVAYA The Power of We" Qua Experience The Avaya Flare'R S F� 1 +1 y � t Imagine the possibilities. Your favorite communications tools—video, e-mail, IM, social networks, phone—at your fingertips. Now put all these tools into a single, unified enterprise workspace and you have the Avaya Flare Experience. Designed to change the way you communicate and collaborate, the Avaya Flare Experience delivers a seamless communications experience that is easy to use, convenient, and ready in real time to help you focus on the task at hand. The Avaya Flare Experience streamlines your applications into unique personal workflows, avoiding the frustration of barriers between technologies. When the Avaya Flare Experience helps manage your communications— you can spend more time managing your business. The Avaya Flare Experience is unlike Experience is a breakthrough in enterprise anything you've seen. It spotlights tasks collaboration.When time is of the essence, it that need immediate attention. It lets you allows you to menage multiple collaboration match your mode of communication to sessions at once;the Avaya Flare Experience the task at hand, switching beck and forth speeds critical decision making and helps between IM,voice,video, email, and social you get business done.A people-centric media sessions.You can dreg and drop approach to reel-time interactions,it contacts and content into collaboration displays recent communications and sessions with a swipe of its touch-screen. presence information—when you click a contact and then pull in relevant documents, Delivering context-sensitive mesh-ups of it helps you avoid endless searching to find chat,email,social network and video what you need. communications,the Avaya Flare BidSync 1 �f1',,,12 State of Utah Bid JP14001 a afi i e Cj k t collaborationDesigned for video communications & To collaborate effectively, you need all your communications working together. That's exactly what the Avaya Flare° Experience is designed to do: • You need to set up a conference call. See who is available with presence and IM. To initiate audio or video sessions,just drag and drop contacts into the spotlight. The Avaya Flare Experience sets up your calls. No manual dialing required. • You want to show off your mock-up of a new product to a potential partner. Simply click on the Web collaboration icon to whiteboard, share your desktop or content from the document library. • You have address books all over—Facebook, PC, smartphone—the Avaya Flare Experience mashes them together, saving time and frustration. • You want to review all e-mails and IMs from a certain customer—the Avaya Flare Experience displays their communications history for you. Consolidate Desktop Devices Your business needs enterprise- grade collaboration solutions Speed the decision-making process that make it fast and easy to pfd for knowledge workers who spend bring people together and keep � u�� considerable time in voice and video business moving.Avaya Flare conferences while sharing and reviewing documents and screens. Experience is available on � Windows-based computers and The Avaya Flare Experience iPad devices,making it fast and easy to bring people combines all the tools power together and securely share information. collaborators need to increase productivity, lower costs, and tread more gently on the environment. You get the idea. The Avaya Flare Experience is like an executive assistant focused solely on you and your Support Mobility and BYOD communication and collaboration needs. It understands Key stakeholders are scattered across multiple locations and how you work, the tools you use, what you need to working on the go. Employees,customers,and suppliers are accomplish. With its contextual, people-centric design, using their personal devices to communicate and collaborate. the Avaya Flare Experience makes business easier and more convenient than ever before. 9/11/2 13 12:07 PM BidSync Page 1372 �pf14't l2 State of Utah Bid JP14001 The Avaya RaWl Experience in Action ILI „ � v big I 's I �u E; ki ��)�"I yu A9sp17c;skw�r s , s, } fT —k 1 J, S.�,— WAN-1. - . Ei#Uk "'MOM ILI, v 9/11/2013 12:07 PM BidSync �4612 State of Utah Bid JP14001 The Avaya r `' Experience at a glance The Avaya Flare Experience is available on Windows-based computers and Pad devices, making it fast and easy to bring people together while on the go. It is also offered on the Avaya Desktop Video Device as a cost effective video desktop collaboration end point. Unified Communications and Collaboration • Simple and intuitive interface with one click access to integrated audio, video and Web collaboration • Access contacts, enterprise directories, and preferences via the contact fan • Support for mid-call features (hold, mute, etc.) Audio and Video Conferencing • Ad-hoc, instant and scheduled audio video conferencing • Rich conference controls enable you to simply click an icon to expand audio to video or to start Web collaboration • View a roster of participants and active speakers Web Collaboration • Upload and share documents from your library • Share desktop, applications or whiteboard • Take notes and minutes Learn r To learn more about the Avaya Flare Experience, contact your Avaya Account Manager or Authorized Partner. Or, visit us online at avaya.colin. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11/12•UC4571-02 BidSync Page 1374�pf141� l2 State of Utah Bid JP14001 AVAYA,�„rt to lrtR11tA71tA 11tA la tA71tA 11tA 11tA11tA �ft>ttl,,,?t,��tr � ��2t td��l.�}%fit; The Power of We" Avaya Microsoft Lync Integration Access Avaya real-time collaboration from Microsoft Lync clients and desktop applications Avaya Microsoft Lync Integration allows users to access Avaya voice and video from within the Microsoft Lync/Communicator client, Microsoft Office, and Internet Explorer. The Lync/Communicator client can be used to drive calls through the Avaya Aura°infrastructure with choice of desk phone, PC "Vol P" phone, or another phone such as a mobile or home phone. For off-the-shelf integration with `� s�st�tji�j`s � m m Microsoft Dynamics and salesforce.com, users can add the Avaya Y r Eng CRM Integration. Like other Avaya client _ _ - applications, these are CN 1'\ quick to deploy and can " m generate high financial returns for enterprises y seeking to integrate Avaya and select third party communication systems with business applications. „rr. 1 4mom lLI 'tl aE A, w �110 ,Avaya Microsoft Lyne Integration BidSync '146 2 State of Utah Bid JP14001 helps end users connect, Conversation window for mid-call communicate and collaborate to control provides easy access to deliver projects without delay. Avaya telephony features from the Microsoft Lync or Communicator user interface, including call forwarding, Key Features* hold and retrieve, transfer, conference and a keypad for entering DTMF Telephony and Video presence � integrated with Microsoft Lync or tones, such as when using passcodes Communicator clients can increase to enter a conference call.Volume and mute controls are also presented productivity by giving users improved visibility into a person's availability for calls made in computer mode. (e.g. not on a voice or video call) and Likewise, calls originating from a desk how he or she can be contacted. phone can be controlled via the Conversation Window. Click-to-call from Microsoft Lync or Communicator, Microsoft Office, or Extend click-to-cell to other ,i" Internet Explorer lets users control Microsoft applications, including their Avaya desk phones, other Microsoft Outlook, Excel, Word, phones such as mobile or home PowerPoint, or Internet Explorer.A Key Customer Benefits phones, or make PC "VoIP" calls from conversation window gives users these desktop applications. Microsoft access to Avaya mid-call control Reduces Costs, Preserves Lync-controlled access settings features from their preferred devices. Dial Plan enable users to configure which phone numbers colleagues, Click-to-Join/Host conference Maintain your existing dial plan Bridge GaAs from u look provides configuration and protect customers, and partners see. Enhanced resiliency helps ensure users with an easy way to participate investments in Avaya infrastructure or chair conference calls by clicking to and desktop phones with Avaya that established voice and video calls continue even in the event of a join host directly from a calendar Microsoft Lync Integration. Avoid invite or meeting reminder and ability investments in duplicate back end Microsoft Lync reboot. to click to launch a Web collaboration infrastructures and leverage Avaya session if available. This functionality Aura°to standardize on one voice, Video Calls enable users to establish video calls with other Avaya Aura is designed to work with virtually any video, and unified messaging network Avaya or 3rd party conference bridge with single dial plan, trunk System video-enabled endpoints and consolidation, and centralized interoperate with standards-based, product or service. management and applications. video conferencing systems such as Avaya Aura Conferencing 70 and the Toast pop-up enables easy call . Eliminate costs associated with answering or incoming call diversion Microsoft voice licenses and related Radvision Scopia solution. Users have devices, as Avaya integration requires options to automatically answer calls to an alternate device. only Microsoft Lync/OCS Standard with video and to turn video on/off Multiple a Multiple cell handling enables users call. client access licensing. Deploy theto maintain one active call while application to users quickly and cost having one or more calls on hold. effectively. Premise-based or Office 365 Users can swap between active and Microsoft Lync support means organizations may deploy Lync 2010 held calls, transfer active calls to an Improves Productivity Client/Communicator clients as pert on-hold user,join active and held calls End users access a combination of of a Microsoft on-premises system or to form a conference and add further Microsoft presence, instant as a hosted Office 365 service. held calls into the conference call.A messaging and Avaya real-time toast pop-up shows any calls waiting collaboration in an intuitive, unified Escalate from IM to a voice or video (alternative call)and allows a user to experience. The Lync client call capability lets users transition answer the alternative call and place experience remains consistent and automatically to an Avaya the active call on hold. users continue to communicate from controlled voice and video call from a their preferred devices. Multi-modal Microsoft Lync instant message. communication from the desktop Some features are dependant on Avaya system type(Avaya Aura 2 0 a va a . Communication Manager,Avaya CS 1000,or IP Office)an fj ftXvare�, e �7 2 9/11/2 13 12:07 PM BidSync ��CC 14 9 State of Utah Bid JP14001 Active Avaya Aura& Directory ,£ Session Manager (Optional) Avaya Flares Experience on AvayaAura `r4ltu NI ,, sm� Mad(SIF) l Communication I it lt75[7 t" Tanager Desk Phone Other Phone and ,. Lync Co nputer Mode 11,vaya Aura CM 0-1323} Microsoft GF Acirl-in Lync 2010 (via Lync lniegrstion) ate^ N> Avaya one- - XQD (H323) H,323 TOM Device Device r� Avaya Client Apps Desktop LYt C Avaya Communications Enablement Microsoft Lync (Outlook,Office,Web 1, Microsoft Lync Standard CAL(end user license:)required. Integration Browser)Add-in Avaya icroso Lync integration With Avaya Aura�` System 6.2 Choice of Device lets users remotely cancelled cell forwarding on his or her Requirements control their familiar Avaya connected desk phone,the application prevents desk phones, use the PC as a "Vol P" previous settings on Microsoft Lync Avaya Microsoft Lync Integration phone, or select another phone such from inadvertently re-establishing call requires: as a mobile or home phone for calls. forwarding during sign-in. - Avaya Aura Communication Manager For computer calls,Avaya provides a 5.2+(for voice integration),6.2 SP2 desktop media engine that delivers Single sign-in means users only need (for voice and video integration) calls through Avaya Aura° using open to use Microsoft Lync/Communicator codecs: G.711, G.722, and G.729. When sign-in methods to make calls using - Avaya Client Applications client-side on the move, users are prompted to Avaya Aura°. s/w plug-in only(i.e.no Avaya ACE or change modes. For example, AES servers required) switching from a remote network Silent install lets IT install the Avaya Or (such as a home office) to a corporate ACE TM_Microsoft Lync client and Avaya location prompts a change to desk LIC desktop engine for computer mode Avaya Communication Server 1000 phone mode, so the user no longer calls in a single step without end user 7.5 for voice integration(Video risks missing the first call. intervention. integration requires addition of a Collaboration Pack expected to be Enterprise dial plan and E.164 Avaya IP Office 8.1 FPI provides voice available in H1 2013 with ACA 6.2 support enables employees to use integration(no video integration). An Service Pack update) familiar internal extension number Avaya Client Applications client-side dialingas well as national and s w plug-in Avaya Client Applications client-side � p g-in is required(no Avaya ACE international number dialing. required). s/w plug-in and Avaya ACE required (unless deploying Collaboration Pack) Synchronized call forwarding across Localization support for simplified the desk phone and Microsoft Lyne Chinese,Japanese, Korean, English, Microsoft Lync Communicator client helps give the French, German, Italian, Russian, Lat- - Microsoft Lync Server 2010 and user complete control of call forwarding Spanish, and Brazilian-Portuguese is Microsoft Lync Server 2010 Client settings and avoid unintentional also available. overrides. For example,if a user has 9/11/2013 12:07 PM BidSync '140 2 srt �yyk �( (� �1 , {si ri ti ilkt t <' S� State of Utah Bid JP14001 ,� r s ,�',i sr 7 s�a,,t�a spa spa s��s�a spa spa sh,a spa spa /�i 1,11„{,ti;1( • Client PC on Microsoft Windows XP SP2 or later or Windows 7 • Microsoft .Net 4.0 or later Microsoft OCS 2007 R2 • Microsoft OCS 2007 R2 and Microsoft Communicator Client 83.5.6907.196 or above • Client PC on Microsoft Windows XP SP3 or later or Windows 7 SPI • Microsoft .Net 4.0 or later Microsoft Desktop • Microsoft Internet Explorer 7.0 to 9.0 • Microsoft Office 2007/2010 Capacity • Up to existing capacity limits on Avaya Aural Communication Manager • Up to 5,000 users per server on Avaya CS 1000 Platform r Further Comm un i tEnabled Business lig l Avaya Client Applications deliver client-side integration to various desktop applications and clients.Although the client-side plug-in for Lync integration to Avaya Aura Communication Manager and Avaya IP Office does not require Avaya ACEI', other desktop applications do require Avaya ACE, as does the Avaya Microsoft Lync integration to Avaya CS 1000 (unless front-ending CS 1000 with a Collaboration Pack for ACA Lync Integration expected to be available in H1 2013 with an ACA 6.2 Service Pack update). Avaya ACE'" is Avaya's software platform for communications-enabled applications (CEA) and business processes (CEBP). Its key differentiator is rapid and simple integration of Avaya Aura°and multi- vendor communication systems with business applications and workflows.Avaya ACE provides toolkits for IT developers who may not have telecom expertise. Avaya ACE toolkits consist of both high-level Web services for simple application integration and low-level foundation services for fine-tuned control of call flows across an Avaya Aura°Session Manager network. Learn r For more information on how Avaya Microsoft Lync Integration can help your organization gain competitive advantage by integrating business applications and processes with your existing communications systems, contact your Avaya Account Manager or Authorized Partner and visit www.avaya.com. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. f 7 11/12-UC4791-03 BidSync Page 1 378 'i 41 1 2 hs st s! ss s1s 4 i s i �1 s s s{{l t 1 s s ! s t �pr r� s£ c is ii 1 �} iso s riisr s s t i s State of Utah Bid JP14001 ,, �r AVAYA � The Power of We" Avaya One Touch Video solution £ >g A video and collaboration solution for enterprise, remote, Internet-based and mobile users. i/�//ith technology gy ereating greater opportunities for collaboration, the possibilities to improve meeting � efficiency, enable on face-tee-face meetings and A '` � offer remote customer service are changing at a rapid pace. ,£r It's no longer enough to interact by voice, chat or e-mail 4„ alone—for either enterprise users or between customers and anyone in your enterprise. Live Voice and video enables the ability to interact face- -face Via the Web, providing an efficient way to meet—andsurpass— customer ur ss— customer expectations. Better communication for Customer Service representatives. Internet and mobile userSA call can also be easily routed to Customer Service, where agents Avaya One Touch Video enables and experts are equipped with the personal voice,video and collaboration context needed to help. sessions between your company and your customers that have access to an Internet-connected PC, tablet or Context might include recent customer navigation on your Web site, in-process mobile device. transactions, previous contacts and/or self-service attempts. This information Individuals can interact with you or proves invaluable in saving time and anyone in your enterprise by simply avoiding the frustration of retracing selecting a link from your Web page, recent steps. It also improves the or even from an e-mail. Suitable for productivity of your staff, and provides environments where experts are insight for cross-selling or upselling located at another site,Avaya One opportunities to further satisfy Touch Video can provide face-to-face customer needs. connection between customers at a branch or storefront kiosk with BidSync v '142 12 f }y State of Utah Bid JP14001 �t011 Benefits Client-friendly Face-to-face engagement Since Avaya One Touch Video is a browser-based application, customer When you send an e-mail inviting � interaction is simple and fast. Your r someone to call you via Avaya One N customers just click a link in an e-mail Touch Video, that person can call ur personal desktop video device, or on your Web site, and they are ' connected automatically. a room conferencing unit or even a videoconferencing bridge with h • the click of a button.And when Personal assurance customers visit your Web site,video For peace of mind,you can conduct customer service is just a click away. a pre-session testing of a user's microphone and camera. The fi„kG tRkv L(' 5 Cost savings while collaborating customer can even see a display of ' �stl'yVss audio controls, call and disconnect With Avaya One Touch Video, the buttons, and user statistics. time and money spent traveling to a meeting or customer site can be eliminated with simple click-to-video capability. The customer or associate Additional cusp omer simply selects a link from your Web service benefits site, or one sent directly to them Interact one-on-one from in an e-mail, and a video session is your Web site established. This convenience can speed decision making in closing Agents are available for one-or two- sales (increasing revenue) or way voice or video conversation, text solving customer issues (increasing chat, or to share desktop content, customer satisfaction).You and your still images, videos and other customers will realize cost savings applications.A separate content s by eliminating Public Switched haring window and a text chat window are available to enhance Telephone Network (PSTN)charges the collaboration session. through this all-Internet-based communications solution. Better customer correspondence Enhanced reputation Agents and experts receive both By offering new ways to respond external and internal context, such quickly and easily,your organization as Web pages visited, self-service can develop a positive reputation attempts and previous contact for relationship building and history. Context improves knowledge customer service. of the customer, creates higher loyalty and reduces the time it takes to assist the customer. 9/11/2 13 12:07 PM BidSync Page 1380�pf14'4�7�12 State of Utah Bid J P1 4001 Continuous context video call, where it is routed to an Learn more If an agent needs to transfer a call, agent or expert.At any time during To learn more about the Avaya all video, audio, document sharing the call, the customer can receive One Touch Video solution, contact and text chat controls are also self-help still pictures, Flash content your Avaya Account Manager or transferred to that next agent. or prerecorded video content, even Authorized Partner or visit us at When conducting three-way while waiting in queue. www.avava.com/innovations and conferencing, the primary agent www.avaya.com/video. retains control, and only audio Broad range of industry uses is shared between members of Avaya One Touch Video has a wide the session. number of potential applications, spanning multiple industries. Lower cost of investment Imagine how Avaya One Touch Adding video collaboration capability Video could change the way you conduct business. to your contact center can reduce your upfront investment since you can leverage skills and routing Enterprises—Collaborate with infrastructure that are already in customers,vendors and suppliers place.Additional savings can be outside of your network realized with ongoing management and administration. Healthcare—Conduct a remote patient consultation Improved quality control in customer engagements Help Desk—Enable a customer to see exactly what you're describing By routing Web-based customer with relevant video demonstrations engagements through your standardized and centralized . ..... Pharmaceutical—Provide contact center,you can deliver on-demand live support from multimodal, reliable messaging and drug representatives to doctors service while leveraging existing contact center resources for staffing, reporting, workforce management Financial—Conduct banking transactions online, or provide and quality assurance to provide a consistent customer experience. specialty services directly to a branch ...... ..... Call routing detail—Provide specialized When a customer initiates a session, in-store service from your expert the request is sent to the Avaya Aura staff or directly from a partner or Contact Center or Contact Center product manufacturer Elite for Avaya Aura Communications Manager as an incoming Session Initiation Protocol (SIP)voice and ava�4ecyg) 'g12 9/11/2013 12:07 PM BidSync .�4 \ State of Utah Baum q@ <:w Avaya m.««m reserved.aim otherwise noted,all trademarks identified by m,!®or©,eregistered w,mz«trademarks or_vice marks,respectively,aAva e Inc. ,9:.aces; game Page 1382 pƒ/12 ;; 'Ss 7l= :�1; (�!tr�1� � =}s4}tr✓1 y�=i)t' {t State of Utah Bid JP14001 ,iAVAYA ,1,I1A The Power of We" � Attendant Avaya one-XIR A communications dashboard for front desk personnel—and the critical first step toward customer service and business efficiency. Your front desk personnel are constantly communications tools on virtually any juggling phone calls, e-mails, instant PC, including touch screens. messages and more. Integrating directly with your Avaya Keeping tabs on the office—knowing Aura°Communication Manager solution, who's available...where people are as well as popular programs such as working...who assists whom—is critical Microsoft Outlook and IBM Lotus Notes, to customer service and streamlining Avaya one-X Attendant brings together office operations. the tools front-desk personnel— attendants, receptionists, assistants If creating the right customer impression and others—need to deliver the service and making your office run more and support that callers notice. efficiently are important to your business, see what Avaya one-X° Attendant can do for you. Streamlining Office Avaya one-X Attendant is customizable Communications software that puts familiar front desk Customer Service First impressions count. %A, t V1�� r{7jtr� t}4� }'; When someone contacts our front desk you want to be ready. Avaya one-X°Attendant is a complete , r}}�� tt \ 1111 (� - j �� pdashboard for front desk "V111,11111 M� 1 441 z s i f - ht 113(f to tti t 1 , a rL4 ir ;;�(itu ; �, communications...and the critical .,. first step toward customer service and business efficiency. 4 a r "ter ,mar�V,i�iz ansa �4 I `�G �N t mil �IY� `��ttl BidSync '146 2 State of Utah Bid JP14001 + QPhone Book s1l1OR"P`b s �t��,� rr . �� k. s � Avaya one-X� Attendant provides Page I[I) your business with an integrated phone book with room for up to a�r ��ni. �akCrFaiW��am�'da1 � � i 4 250,000 entries for internal and external persons including telephone 41 N223% � � as number, first name, last name, t � 1 §P blwrrtd w- = i [ department, private number, e-mail 8 HeNo 1XC P,K*mord",tart it? � f 10AiP091;Ai0423Vd*dAaadf,.rmd HI a:tti4td.ry, address, room, protect team, substitute, phone status free, busy, send all calls, etc. Operators can ' f systematically search this data to identify the right contact for any Personal Attention to locations powered by Avaya Aura° given caller. Callers Presence Services—making it possible It's easy to keep the phone book to put callers through to any desk When a call comes in,Avaya one-Xo up-to-date with personnel changes anywhere on your network. Attendant brings up information by setting it to automatically instantly so front desk personnel can Extensions (i.e., Busy Lamp Fields) synchronize with Microsoft Active welcome the caller personally, even are color coded so the attendant Directory or applications such as using the caller's native language. knows, at a glance, who is free, in a Microsoft Exchange or Lotus Domino Avaya one-X Attendant lets front meeting, out of the office, etc. before and customer databases via desk personnel know which employee transferring the call. Calendar LDAP/ODBC. the caller typically speaks with and, if information from Microsoft Outlook necessary, whether a backup is or Lotus Notes appears both in the Web-based Absence available. With one click,you can also color-coded status display and in alert colleagues by e-mail (via contact cards of the one-X Attendant Notification Outlook) or instant message. phonebook, providing a quick Employees who do not use Outlook or overview of employee status at any Notes can use a simple Web-based When a call gets transferred, given time. tool to announce their absence from information about the caller can stay the office (e.g. lunch break or with the call so responders not only You can customize the look of Avaya meeting)and to indicate when they know who is on the line but also have one-X Attendant the way you want. will return. Employees can enter access to other key information about The flexible and freely configurable additional explanatory notes which the caller. Avaya one-X interface makes it easy can be viewed via the phone book. to keep the features used most often Once the deadline expires, the display front and center. Extensions can be Managing the Office is reset to the default status indicating organized by tabs for department, that the employee is available to With Avaya one-X Attendant,your location, special requirements, e.g., receive calls. front desk team can monitor up to tabs could be designated for VIP or 20,000 extensions across multiple emergency situations. 9/11/2 13 12:07 PM BidSync Page 1384�pf14'gl2 s N State of Utah �'Irr Ott t £ tt t I) {t} su I ' 1t s1lnt �C�i ti tY;s s '71- ); syi jt � s t1 �� s�tsir �t5 tt It li t7l fIt fit 1st: t1 {t i?:�u4t ttktf(i Ii tlss Grows with Your enables you t0 create USeY profiles I+ based on different levels of access Business �ls tsfsl 1 �., tt { It l( Jssi i u is tilt `f�iii i authorization and to assign Individual ��h� ftff if s� ftt71 �>ssi trll t}ttf)t t -� i till !Fl- s1 )�7 its fi I (Iii You can easily expand Avaya one-V) employee areas of responsibility. I z is t (1 t } ti 1 Attendant a5Y our business needs Pf r, tst �� t r s ff sstf,f �s Si �S s4s sr li > ssl t is }t r7t It �� st f grow. The multi-location capability g ins fs i t s i t it i t i ri � s�`�'si stI y srf t means thatou can make Avaya one-X Y Y I ( (tt f � r ifs t }tit tr t tt f� 7 I i�f I li ;� t, tif 1 t ssissl s tss Ittf� yitss4 s ti Attendant available for simultaneous Configuration ' operation On a nUl'YtbeY Of networked � �� tt st s }+ � {t h(' flus s�liss tats (sits t;1t s Avaya C®YC1YC1iAY11L"a$1®n Manager: 1 �1 s t` I t `�) i tif}11i t £ i t� ttij y tf Sssis s /1f > computers.Authorized and properly 3.1 and higher; maximum 2S g Identified users Can l0 onto the Avaya One-X")Attendant Clients per systemfromany computer equipped �1 t its2Iit Avaya one-X Attendant server j ,i 4s`t ' rtiss,n sttssf 's 'tttit�s s '�'�� is 'sf t ii �f ss�rttl With AvaY a one-X Attendant and be 1� Rf £ uslis t l} is s fit+ Ott' it t�ttt greeted b the familiar user Interface �� ss�,f t f tis£ 4'2ti11 � sir (I f;sss lits � S its ss t1 �> g Y Tient P�: CPU 2 GHz;1 GB RAM (2 GB so the can start working immediately i tl s pshk+} tisss ,jai's i t �1t4�l 'sit t1` is st £ '� Y g Y for�� Bit �� and In Case Of 3rd art 1 4 t t y st "s1 t1f s from virtually an location. products); 700 MB available disk st:tibr its ttlst ih� Ut{f '+� r space ss -s.�{ ) 1t1 Jfi I>{+s silt; t£ titstVs s }tit?tit z sstsy �ii )fit ,kf Protecting Sensitive Microsoft Windows:Windows 7 � s i t t tt)sus t i tsy It � s£ y i s sti t t t Professional/Ultimate Data Ott pf 4 f,fi ! xis .tf t tsl� tstt ty i � tst�� isitf sti �� s ist 1,it � � i r 1 lr f t\ 1 1 (recommended), Windows XP, Protecting access to sensitive �fi ,1 �f�St�1k? ', St r ff Windows Server 2008 5P2 R business and personal data Is an i�":s{,i tlfs'ti t}i{{fs sti fts lstyll.t 1 sk},£{ sf f1`I �s 'iwA' t z s t t > t ii si fs s t Enterprise/Standard. Latest SeYVICe important issue, particularly in �l1Pl it � Sit)tf�st �s11t �tl�f � ttt�;t11� � i�f jifl(blit i4 s$i tifst.. pack has to be Installed ty It shs sit !s phi is}� nst �s s ts(4i�if 11 Ssii�f is� >l'il �� s itis{st companies Where a number of p )f of s}t 4173i 1 t11 \1 ltti � t�t ( tit��} � 1"i tsi { t1c lf£�ff ri tis i s t4i is t t S t t ti h i s tills) t� i -tsl s s tst different Staff IYlelYlbeY5 OY part-time � � G fff s r r t s I r lit i employees perform front desk ��' �� i z 12 '�i litsw f ii{ t'i St�iif y i t�tf sti t��}�� ti �i�) ASF functions. Avaya one-X Attendant I r E fl sl rr4 s �� irfit 7 tress is 1 s s r t s r r r sti {t tss yyp(�, pp s � rt sts tis i7sls �tl t S its( is t s1 t t{1ts I } t�` i ) �� - - �',it tis+ stt}t�1£ tls jet t'')sth �(s-, titsttt sr sti'Vt ft is lyi st tt sti �4� �`u t1111A'll11111111111vi�� tsr >.r `r v, (�) itI tJ ii} tttirri ii tr tilt St fs 1 s N t}.t11 t ff ! }1st tit Ili f•f �arft{ tC i � s st l s t s stir s t 1 S s t}til 91 7tl s t i r{tit ssOjs s £� 1 tJs '� t �£� tis , t t1� �� tt. tt�it stilt t It l�f4ftt�Sff)t!h �.�-- =- s — � t, t t �l t� 7 1 tr1 7 ✓ l l 1 t r t tM11 F i rt ,� - i �t -ft 14 it Rt( s7t If tl l itJ i �}t ftt�{l tits it t JI, t if, l i S\ t; S ft t 1c tl s ii �tt (,ni}t lUit ft tft r �t jt y�tf t� 1ST s{tit tdt7�t t7�t,. £�t } %£ �4( )r ) 4 h 1, ri i s ti sl i ) fli si t t l� tI s t f li i sls st t s _ l it I its t I lrs (il { SY t+tflt£ f Atst sift ti list. ttfl�r i)/� � __ �l i- V 1 t t c �f Ir4 t� i /t t t j t � 1 f i Sttl f 1 s t 11t 1st r Its 111 s� t s 1i£\y�{ js ttI tfsls tt r'tl -�t ss til f t�41��tttsi�s fist i�. ss 1' � 1�t��. rift 11 s i t t /S J l t t� 11t �(k s t ttif i is rl 1jt Is s S i f i lUt � 1 3 rt t t ?1£ tt SU ill t Iff tr r tt y t t tl� 1 7tr t 'N s 1 rfiitss t�{tit tt ) tit � r({iii vitt l+� til l trip is tj,rt+' a st t ,7 yi � i { ;is , fit slltis tt t ht is l�tr j s i t t y t 4�1 l 1 sti s i t s It,t f t - f t SI 1 Si i t.iissl i t! �It It I U '1lf t ,��`� 1)� �71kt-1 (fi sit)l' t �lst ttsf l�;� si � 4 tts: tm rt 1y�si it tt'iS � tr4 Is tl sAl i Nit i r )lr � t ! ss t 1 3 ss"rh f s l fSs s �- 4 r4{ss y tisfili ti {Ji it s s I t t � sir t i sit. s if � Is ll 1 s 9s � �t tl l,,I ;{�tt 11! ;1r Istt i i t s \tl i l l Isf t i i 9/11/2013 12:07 PM BidSync State of Utah Bid JP14001 s,,t spa spa spas5a spa spa sp�s�a spa spa s'a s ✓ I Display:19"-monitor with 1280x1024 pixels (21" monitor for visually impaired users; COM port or USB to connect a Braille module) Teleco uer : requires external IP Phone Road Warrior ode: requires USB headset or phone, PC sound card and microphone Virtualization:VMWare, Hyper-V Groupware: Exchange 2007/2010 (support only 2007 feature set); Outlook 2007/ 2010; Domino Server 8/8.5 with Lotus Notes 8/8.5 Languages: English, Simple Chinese, French, German, Italian, Japanese, Korean, Portuguese (Brazilian), Spanish (LAT) Remark: "only" G13 Presence:Avaya one-X Attendant can display presence information from: Microsoft Outlook calendar, IBM Lotus Notes calendar, Microsoft Exchange/Microsoft Outlook "out of office assistant," internal Avaya one-X Attendant Web access tool and all applications supported by Avaya Aura° Presence Services like Microsoft Office Communication Server. Learn more To learn more about Avaya one-X°Attendant, talk to your Avaya Account Manager or Avaya Authorized Partner or visit us at . v y .cor . ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 12/12•UC7188 BidSync Page 13861pf14'gl2 State of Utah Bid JP14001 1AVAYA lig The Power of We" s 1E Mobile Avaya one �I rr Overview Easy to deploy, use and secure, the Avaya one-X Mobile client helps enterprises maintain business continuity and lower expenses by delivering UC applications and services to mobile users. The extension of business communications to mobile devices helps ensure that employees can be accessible and productive while on the move, improving business collaboration and customer care. To keep business moving forward, users have access to Avaya ,Aura° services and rich capabilities through a broad range of mobile devices including smartphones and tablets. Avaya one- Mobile is available across popular platforms such as ,Apple iOS, Google ,Android, and Blackberry supporting BYOD and CYOD (Choose Your OwnDevice). Avaya one-X Mobile Lite: quick and one-x Communicator; delivering BYOD easy to deploy in large volumes, one-x security features for confident Mobile Lite simplifies user access to deployment of enterprise Avaya Extension to Cellular(EC5OO) communications on personal devices. telephony features through an intuitive smart hone UI. p Avaya one X Mobile QIP: allows companies to reduce mobile charges Avaya one-X Mobile: provides an easy- where low cost data connectivity is to-use, powerful set of productivity available (i.e. wifi) with a VoIP client for enhancing capabilities through Avaya smartphones. one-x Client Enablement services. Avaya one-X Tient Enablement Benefits Services:enriches the user experience and client capability by extending Improve reachability: simultaneously features not accessible through one-x ring up to four devices (deskphone, " Mobile Lite. Client Enablement services smartphone, home phone, tablet, etc.) is a single platform that delivers Avaya with one-number portability. seamlessly of Aura communication services to one-x transfer calls back and forth between UC clients including one-x Mobile and devices. BidSync v '140 12 State of Utah Bid JP14001 r res r �t �4 Increase productivity: rich enterprise dingle number access: make it easy , r�rrwe telephony drives higher efficiency for customers to reach sales and and collaboration. Features include: experts with just one number. Single visual voicemail, single corporate number reach eliminates the CE '.pYC?U,I,lesddliaoril voicemail call history logs, unified complexity of multiple numbers uk s rlbe services to one° 1 contact lists, corporate directory, dial (mobile, deskphone, etc.) speeding Clients by accusing 4vy by extension VIP Lists, IM and access to and collaboration between Aura C4Ye se'YviceS o.n' elialf aggregated presence. employees, partners and colleagues. ofiechi,client.` E 'enriches ; the user experience aria Client capability',with the gree collaboration ndecision Support reporting regulations: extension of rich features making: users can bring experts into comply with industry reporting including:, conversations to resolve issues in real regulation through call logs and time with mid call features such as system integration with recording and For Ips., add a call/conference, hold and tracking features for mobile calls. • Corporate Directory resume, transfer, park. Access u -Coni urin: simplified • Visual Voicemail Reduce cost: reduce long distance provisioning and configuration for • Message Waiting Indicator charges with least call routing - large Avaya one-x Mobile • Presence critical with international calls. deployments. • Minimize cellular usage by routing Personal Status Message campus mobile calls through the p gMix-and-match licensing:Avaya Aura • Ring-phones Group, enterprise network, with intelligent Suite Licenses (mobility suite) lets • Call Back cellular-to-wifi hand-off and transfer enterprises choose the right client for • Favorites/VIP list of calls between mobile and individuals and groups based on • Call Filtering/Screening deskphone. unique roles and user profile. • Shared Contacts Leverage I3Y®D and maintain � On-demand: it's easy to get started. • Call Block business identity: protect company Users simply download clients from • Session History brand and employee privacy- PBX mobile markets (Apple AppStore, business number is displayed for Google play, etc.). System: outbound calls. Users can make and • Turnkey appliance or receive calls calls through the software-only installation enterprise network for business or • BYOD Security directly for personal calls. • Back-end adaptors for telephony, messaging, presence and directory services • Extensive LDAP Integration options 1 b V Page 1388�pf141 12 9/11/2 13 12:07 PM BidSync State of Utah Bid J P1 4001 Key Features Avaya one-X Mobile 6.2 SIP View An intuitive graphical user Multiple Line Line SIP indicated Control Buttons Appearance Appearance Lite toggle (Holdlunhold,mute. interface delivers quick access speakerph I onel rsers. IOGEITS S I I ANI 221 to Unified Communications Weal her Man W296B 0004 functionality. The solution Simultaneously is compatible with most manage multiple 1 2 3 calls enterprise mobility 4 5 6 environments, independent Keypad dial CM, 0� ANPi conversion rules of devices deployed or —1: 7 8 9 `Qp� Mv �XYW cellular service provider. Handoff button 0 # initiates Extend Key features include: Call to Cellular interface Non om Features button launches feature 7 menu Recents shows SIP All iOS contacts+ ~Settings screen for dial and Lite call activity Corporate Directm rules,SIP Settings and search{reqs AotiveSyno)client logging Single Number each Simplify customer communication with elimination of multiple reach numbers Single Number Outbound Maintain PBX number for business identity and BYOD privacy Simultaneous Ring Ring up to 4 devices, mobile or fixed Visual Voice Mail No need to dial in, corporate VM is visual for quick prioritization Corporate Directory Easy access to corporate contacts through search function Call logs Never miss a call, see entire corporate inbound call history Single Voice Mail Any business call not answered is sent to corporate VM Favourite List Prioritize incoming calls. Non VIP numbers can go directly to VM Dial by Office xtensioni Place calls using using internal extension dialing plans Call from Contacts Speed connection with direct dial from contacts list Call Routing Route incoming calls to any device based on schedule/location Multiple Line Appearance Simultaneously manage multiple calls Control Buttons Hold/resume, add a call/conference, transfer, park, speakerphone Mobile Switcher Move calls between mobile devices and desktop/deskphone VoIP-Cellular Handover Operates on both wifi and cellular; hand-off from cell to network reduces cost Network Quality Indicator Visual indicator of current state of network connection 9/11/2013 12:07 PM BidSync a va�4ecygb��4g 12 4r1� l( /l, tj { iGl rlt,tu ( i 71 Jr l r pix tl{ s State of Utah Bid JP14001 s,,t spa spa spas5a spa spa sp�sa spa spa s'a s A a,. Avaya i one- i hone (one-X BlackBerry Android Mobile 6.1.X Mobile UQ Mobile Platform OS S+ OS 5/6/7 OS 2.3/4.x Core CM 5.2.1- CM 5.2.1- CM 5.2.1- One-X CES Support Required Yes (optional) Yes (optional) Aura CM ECSOO/ n/a Yes Yes FNE Support CSIOOO Mobile n/a n/a n/a Extension Support Aura SM - SIP n/a n/a n/a Support Bey neo Whone BlackBerry Android Mobile LiteL Mobile Platform OS S+ OS 5/6/7 OS 2.2/2.3 Core CSIOOO R7.S+ CSIOOO R7.S+ CSIOOO R7.S+ One-X CES Support No No No Aura CM ECSOO/ Yes n/a n/a FNE Support CSIOOO Mobile CSIOOO R7.S+ CSIOOO R7.S+ CSIOOO R7.5 Extension Support Aura SM - SIP n/a n/a n/a Support Avaya one-X Whone Mobile SIP for Mobile SIP i ) iOS 6.2 Mobile Platform iOS 6+ Core Aura 6.x (SM 6.X) One-X CES Support No Aura CM ECSOO/ Yes FNE Support CSIOOO Mobile n/a Extension Support Aura SM - SIP �- Yes Support Learn More ® - Avaya is a global provider of business collaboration and unified communications, contact centers, data solutions and related services to companies of all sizes around the world. To learn more about Avaya one-X Mobile and other solutions please visit www.avaya.com. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 07/13-uc7295 Page 1390 f14'g12 BidSync State of Utah Bid JP14001 AVAYA The Power of We" � Communicator Avaya one-XIR To be productive, today's enterprise employees depend on multiple modes of communication including voice and video calling, email, instant messaging (IM), voicemail and fax. Avy only-X® Communicator is a rich unified communications client that provides enterprise users with simple, intuitive access to their everyday communications tools. Users can better manage communications tasks, making them morer ue iv , responsive, and accessible regardless of where they are working on any given day. Av y only-X Communicator r vi s rich collaboration through: • Unified communications with voice, Enhanced IT control and deployment HD video, instant-messaging, audio options ease automated distribution conferencing, voicemail and fax and configuration and eliminate end- messaging together in a simple and user confusion to reduce support intuitive software application enables costs and effort. greater productivity and the ability to use the most effective communication Employees can work from anywhere at style for every situation. anytime, allowing enterprises to maintain business continuity when • Seamless integration of directory, weather gets in the way or customer contacts and presence allows instant demand spikes. access to both corporate and personal � contacts, tells you if a contact is Key Customer Benefits available and lets you start a conversation with IM, email,voice call Streamline Communications- or video call helping save time, reduce Manage voice,video,voicemail, audio/ interruptions and missed connections. video conferencing, email, instant • Adapts to your work-flow and messaging, and communication environment providing the best history all from a single interface. experience in the office, at-home or Increase Productivity-View presence when travelling while helping reduce and availability of collaborators along costs and providing one number for with contact options. Utilize visual " both inbound and outbound calls. voicemail*, conference bridge control*, 'AvaiIable onIyfor Microsoft Windows version.RequiresY '"� k'q`12 deployment withAvayaone-X®II S,F&blementSe-rvices. 1 7 ral)t 1t lr f aryl rttrr� � rl.rr I11 1 �r, � it {lir State of Utah Bid JP14001 t t r t sEI r t t I{ t IN14�Iifl {s5 r ar Ui 1 sir { Dl Nylt a>r�r arI{�' consolidated (24x7)call logs*, Lower TC®-Support for both H.323 11 tr4gl` srs al } !{ 711�r r1 I1{1r'�-�} �� Irl s) ), latl slJ �Isr f �' unified Contact lists*and access tO and SIP Communication protocols 1I r� (111rS x �Ia t; corporate directory for fast, easy, helps Organizations standardize On a r a tr rlf I lirt {r! It r tr art 1{ t lr r! Context—based communication. Single softphone Client for their i )11r i ti rl rlrStt s(Iifs rr lr rt rr ar_s Jrt 1-{lJ{r ilr A 11 ;� )r "N' entire enterprise workforce. An 'tlr� IIs ire "4ftJ ?Y `I I '�,,, Improve Collaboration- Move 1 rli 5a r rU s { Ifr "AlIst > t "r'r 7 ` tl r,' r t{'rl i {� r�� '1��' intuitive Interface helps lower end- s a 1r - Ill ft yl fart 1 rYf lr rtll{ t > t y �4y4� ( } r ��i{ II14J� �1��}r 1 beyond simple voice conferencing user learning curve and reduces help 1 i r'I r 74 t� s{ t{i} irl )7 11 al S\ rrt trr�rr t 1rC using high-definition video. Face tO desk Costs. rr t arr`r{� }r' rrrr h ' ,il ) I�1 1 ry face communication Improves I � t �� tit r 1 +s s it v ✓ ) rl � I irrrlrr i � tr � �(1 r productivity, streamlines decision !rl{t} r � , making, and can help save money onFeature , travel expenses. I+rrt+ 11 r�iu rt i�r A � � s1 it trrl£t I) rr 1 � rt r } - Communication Integration - Iiir�rrt(�r{} tr t rS 5 t Access all tools from One client Provide Flexibility, Maintain Costs- 'Irrs Including voice, high-definition Selectable usage modes allow users video,voice and fax messages, tO choose the best path for their audio/video conferencing, and audio: through their computer, to ij, communication history. Click to their deskphone, Or tO any mobile Initiate emalls and Instant messages Irs �'I`t %Q}hI j� � I' �1I�tI �IIr Or landline phone. Users have from Avaya One-X Communicator via complete call control through the li '{'r(IS'II_r11 o,Itr II �a �I iarrs{,7 ' t sli s tr r q Microsoft Office Or Microsoft Office client. All calls are routed through Sfr ii rr il�t 1N Si�,� tji rl � r1 sftrs t s't {{ llil�li � �� iIg�i Ilt Communicator. I I I rl the enterprise PBX and managed by I7 I NlirN s1 ({� rrll fr - {�£ 1111�� f jlt l' il � lr lS rll V � al� � I,Is err enterprise dialing plans and policies. Intelligent Presence-Know ;tr is tit its 4^�rfl (hr > li �{ � � 7 colleagues'availability and preferred Simplify Deployment-Deploy ��{ r t� ( lit 11�1f �� communication op tions.See whether rt I r < < �rtr 1 i rI �� Ilr Avaya One-XU Communicator pre- sr t Oil iii tri 51 i t Ir rr sr�f r t{ rfrr r! tl' I ilt 1 co-workers are online,on the phone, configured Or utilize the enhanced �W available to IM, In a conference call, auto-configurer r rI r4, s :{rrt rrtt ri r„ rrrrl I is al f capability. Remotely ?ai rl r t a r tri s)a l\ {�1� t r s t✓ r l SNIT it i Nt r t i 1 r Ertl it lir rii ) J r rr rs rr i rt {I yr ti � {lith traveling,OY On Vacation. Quickly SI tI 1 Zs ��+ r ? I�YIe `r �`, t fir} apply policies and administration for . I'n's ��r � determine the likelihood of reaching cost controls and security an associate by phone, IM,OY high- requirements. definition video.Avaya one-X Communicator aggregates presence from Avaya and other sources via Avaya Aura®Presence Services. •' aka"An Cn deadkne l ,� kiL�iryrA mit;3t C"i. 1 cl /"r x?pHW Can1erem- AVAyA r nw _J1 memqe Ent,Fiat VIP smartus —� r Aura-nxs,AmAd d In a4iog I M S{. *, Y IIII IIS Aldet.1 n Co dY d4rr F—111i,R—del ""' d lPwA grind C R 9y as,flaee C.,m9ta,Th—d.. A S-V do 14 h5t 9s fomd 1+ Advanced Sewh b Page 1392 �P�i4g12 9/11/2 13 12:07 PM BidSync State Of Utah m • Instant Messaging - Users can chatVIS Options in real-time with IM capabilities • operating System Choice- Clients available directly within One-X are available for both Microsoft Communicator. Windows and Apple Mac operating • Visual Voicemail*-Visual access to systems. s{ tii It; t)5s S(s tlss ��s s irs chi £ ,t s voice and faX messages with the • Standalone or Server-based-one-X '� ' y abilit to filter and sort. Users can Communicator can be deployed in two FOCUS On What IS important and I {t i�l tis � it�i t 'iirr 4 st+ 1i 1 Ali °i n ail{ s� St{ �t s �ist r different ways.In astandalone configu- quickly refer back to important ration,one-X Communicator provides messages. access to voice calling,and access toj_st }fs st s�S'yi� i � � 4iQl s`S (�4 Visual Conferencing*- Click-to-Join corporate directories and call logs.On £tt � v#, i �s�{��s �ssts£i 1}srt 1 r� r s St pit tt is 7\ makes it easy o startor� n a to join Microsoft Windows platforms,one-X 'i £�>�t � i + � ..... conference call. Users can see who is Communicator standalone also pro- S�klsti is+lr stns s �s iy f� �1{ is u1� � t, tSsiirsf t � 34tss Ali-i s ti�rrr t r � { participating and speaking. vides intelligent presence,instant mes- t �rSflits st jl7S��Ir £}kYl, �i ) r is s)£sii s£Iss£- ictt is ys7� li iss�t;i. Moderators can identify noisy lines salting,ad-hoc audio conferencing, and music on hold, and mute or drop video calling,and video conferencing the line from the call. and can allow organizations to integrate 3 s silt )S t t i it with other desktop productivity tools S {r i1 ;st it sirs k� stry tr Video- Make high-definition video like Microsoft Office Communicator and calls as easily as making a phone call. r Microsoft Outlook.When One-X Unified audio/video features include Communicator is Integrated with Avaya call, transfer, forward, conference, one-X(�)Client Enablement Services, ;ik £ , ��sr t � r`� ti�sst�1`r�> hold, mute, call coverage. Make 11 0i� [ �� ifl �i g users have access to a broader range of video calls to Avaya and compatible unified communications capabilities t i! third-party video endpoints. including visual voicemail,conference rs rst t r i i7i1 t S ri r � i rr/ ssi� j ' is r;i sy ss St _ �tts rr i tr ( bridge control,and synchronized call Click t�fall- Call anyone in your g corporate directory, Microsoft logs and contacts. tI it s 3s1£ t 'sus? Outlook contact list, orahone p - Multi-Protocol -Support pp for both number appearing on a web page or SIP and H.323 protocols allow in an email. Return calls directly from organizations to standardize on one voicemail, call logs, or from your client for their entire organization lis 7 st � t" � � sM„tt*.t �t� rtrgl t� s U s itis sl buddy list with a simple click of your while future proofing their evolution mouse, or choose wipe-to-dial to p to SIP. SharedSIPt between eween p begin acall. and H.323 users enables network )s upgrades without user disruption. Usage Modes-Select the best audio ss £\£ �t t j1 .�Ist1 s Isis } n s tt iii S connectivity path to optimize performance while still taking fullLearn More �l '$3 ri 2f �t st s it stf se tt 1s t s ;� advantage of convenience of an all- To learn more about Avaya one-X in-one client. Take control of your Communicator please contact your si si�ili� ��s i s��ss piss stns err jai+itij `17£ �k i�� is '�t office phone, make and receive calls Avaya Account Manager OY Avaya pu,s s it s 1,� £ r � „tks;si' syi{s it`s �s from your mobile or home phone, or Authorized Account Manager or visit rsist 4�7 s s �(�(��£ s1S 4{i iSr4 J 1s4t444i1(sof, £' til �t use voice over I P. us at avaya.co i�l (fi 4tt�� (tt s r U sss � t 1, t s i t t 4 s s sir Ills i 4 zi s {41 4r S r4{4i y{z r ri 4 s✓ t41 s14 44 i�r Icy 11f s s � 7 4�s ii i s i r s s t f s4 i q �ist ;� s � > r INsvA 4 i s4ii, it s ( is >2 4t4 i p s� tiff I- i1 44 i i n t s ss 1 U 9/11/2013 12:07 PM BidSync £}$44v),1�ss 1 ii'sUs� )i r,r{71 i;rt1s411£ ;! '1r4 2i '1r4 2I '1r4 2I '1r4 2I '1r4 2I '1r4 2I '1r4�; 4�1 srt �yyk �( (pili {si ri ti ilkt t <' S� � 1fi iJ1v r }��r � �- 1Ft sl t1{t �t jt Sf � iy State of Utah Bid JP14001 ,� �r s ,�',i sr 7 s�a,,t�a spa spa s��s�a spa spa sh,a spa spa /�i 1,11„{,ti;1( Please refer to the Overview and Planning for Avaya one-XQ Communicator document located on Avaya's support site for additional details. Supported Languages Enterprise Directory Integration English(US&UK),Chinese(Simplified), • Microsoft Active Directory Server 2003, Dutch, French(International),German, Windows Server 2008 Active Directory Italian,Japanese,Korean,Portuguese Domain Services (Brazilian),Russian,Spanish(International) .,IBM Domino Server 8.5 Client Operating Systems-Support for . Novell eDirectory 8.8 SP2 Avaya one-X Communicator 6.1 • 32-bit and 64-bit systems: Deployment and Management >>Microsoft Windows XP,with SP2 or higher; Landesk,Altiris,MS SMS desktop Home and Professional Edition managementtools >>Microsoft Vista with SP2 or higher; DHCP Enterprise,Ultimate and Business Editions >>Microsoft Windows 7;Enterprise,Ultimate Minimum ServerRequirements(Customer and Professional Edition Provided)for Avaya one-X Client Enablement Services Server Operating Systems- •'Two quad core 2.23 GHz or better CPU Citrix XenApp Deployment • 16 GB RAM • Windows Server 2003(32 or 64 bit) •'2 x 146 GB hard drive • Windows Server 2008(32 or 64 bit) • DVD/CD Combination iOptical Drive Client Application Integration •';100Mbps/1 GB network card • Microsoft Internet Explorer 6.0,7.0 or 8.0 Operating System Requirements: • Mozilla Frefox 35 and 3.6 a Red Hat Linux(default installation,not a • Microsoft OCS 2007 R2 minimal or SE installation) • Microsoft Outlook 2007 SP1 or SP2 and >>Red Hat Enterprise Linux ES release 5(64 Outlook 2010 bit)updates covered by the posted policy. Latest updates will be supported. Avaya Application Integration • Avaya one-X9 Speech 512 Avaya one-XCw Communicator for Mac OS • Avaya Aural Conferencing 6.0 Supported Languages Internationalization with English localization For H.323: • Avaya Aural Communication Manager 5.2.1 Supported Environments or higher Mac OS X(Leopard 10.5.x or Snow Leopard >>I M&Presence:Avaya Aurw§Presence 10.6.x) Services 6,1 u Intel Processor 1.6 GHz or greater >>UC features:Avaya one-X4 Client >0 GB of RAM Enablement Services >>1 GB available disk space For SIP: Avaya Aura Session Manager 6/Avaya Aura Communication Manager 6/Avaya Aura • Avaya Aurag Session Manager 6.0 SP1 or System Manager 6 higher •'Avaya Aura SIP Enablement Server 5.2.1/ • • Avaya Aura Communication Manager 6.0 Avaya Aura Communications Manager 5.2.1 SPI • >>IM&Presence:Avaya Aura Presence Services 6.0 or 6.1 u >>Video in SIP:Avaya Aura Communication • Manager 6.0 SPI(For other Video requirements,please refer to the Avaya Aura®6.0 Video solution offer definition document.) >>UC features:Avaya one-X Client Enablement Services ©2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein.References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 08/11•UC3896-07 BidSync Page 1394 pf1413�,12 State of Utah Bid JP14001 s c. 5 +�1 11 +, l �+ 1 i t t � � e t � 14i�3f s i �1 s+S ZGt +r +rt i t s S s + AVAYA t s 11; � i rrfi r!+ {r The Power of We'" 9/11/2013 12:07 PM BidSync Page 1395�pf14Vl2 State of Utah Bid J P1 4001 The latest innovations in contact Experience Portal is Avaya's latest outbound automated customer care, center and context-based generation of our multiple award Experience Portal can help your communications have ushered in a winning Avaya Voice Portal. It helps organization reach a new level of new era of customer collaboration, organizations automate and centrally customer satisfaction and business where dynamic real-time manage multimedia self service and competitive advantage. orchestration of every customer's integrated voice response (IVR) interaction, across all modes and applications. From inbound to media, is now possible. 21 avaya.com 9/11/2013 12:07 PM BidSync Page 1396 p 'gl 2 .�4 State of Utah �t ` I 0�5 Key Benefits Key Features Customer collaboration across What if your business had the ability z:any media, any mod to serve customers across multiple , h i l h d t i devces antechnologies have channels while lowering your service New expectations consumer ed han ex and operating costs? What if your changed p r technical staff were able to manage leading many organizations to and administer all your enterprise consider full scale adoption of self service applications, both multiple channels and media. i� � ' r3 � Syjgq �� inbound and outbound, from one Experience Portal supports a wide common set of tools and interfaces? array of service options, from voice, Experience Portal can do these video kiosk, mobile, and integrated s and more. It can help y response you; voice and video res to Ids �i-� S lr{� S � sy '�iitri � f{S-� t;iti_ rtS �Srii �4 i� ri�fr� outbound voice, email, and SMS text N1 tl S :fi } iJr i i i s t n it 7 n i � �✓�2 y l o Improve Customer Satisfaction - Interactions. In addition, Experience � pKr1lr,� c}ir1'{ �haGt � ri �( Differentiate your brand iV �i ui ,s�i�i r Portal supports sophisticated �� +t experience aCYO55 multimedia rJ ,giS„11"a", C;�d r r 11'Ylflil lc i t Qr Jt r rrr, t 12} �� S� �r t ,i i , conferencing,video, call back, and Inbound and outbound self service, Sr { I { f V r1�i;� ��i yi5rl tri i4 itj r y all blended seamless) with su ort enterprise routing capabilities that Y K�K� from your experts and staff when can help you further realize more ,r isrf Irl ,� `r�o{nlirl� �i'ir 'prpuird4l r� �s„ "�r'� S Qtr r S - i ) it tir S(11 rri Sr y �r\t fur 7I y �i� r ri i f r r r y�� tt� jl needed. powerful, fully automated service f ��'��, tilrte � ,lafrr i ti ti- '� 1rpt�ill`�rif Qrir t fir ii YJS �� fir experiences. o Lower Service Costs- Lower i ✓> > � t r �iSi 7t tis}�f stt ri1S {( � t� tri � service Costs with Convenient 24/7 i S,i c. fit rSI;S r i3i(:i� 11 Jry ! i ��)l til r J r S automation of inbound and Open platform lowers costs, � S I t 'iii rr �rt��ri tiri}�iil i its, ix i t� {�,+hi r�;iiii \ � rriri r simplifies integration outbound Interactions aCYO5s y ri << ��i rrf(tS tir 7 S r r�r 1 r1 r t(1 ) sVjs 1 irr bt tU{ h �1 „r �M multiple media. Experience Portal is a software-only �,1' rr4� ini 1 � �a�ar `4�, , solution that runs on Off-the-Shelf G IU art i o Reduce Operating and Capital gtrI hardware and software. It is based Expense- Dynamically Optimize �V,rS { r tr �4rji li/ yf iii on Web services and web self service to best serve your JIM, i `iii;ir t 124, Communications standards like ��`}i+`�� I� 1 t ��. 1,` ��r}it !�M ( t{sti rti customers and your business. �i { i�ser'vit�`��>��l�r? Reduce application and VoiceXML and CCXML to allow lower infrastructure Costs and accelerate COSI, simpler integration with your 1+ ' 'i�s/�(hllelclu ,O'rc''�C`1 S'rt �Bp �G" �ler,'fi tti �rrti time tO market Of new SeYVlC2s. existing Web and enterprise application environment. Easy to use �`tsfirtet 1n�ftr�C( ' tlnlpY1 � � , �� Web service Integration tools allow It i li£1 i tk 4 s iti tri ri ' t ( ill :i "W"iµ k rnx ��rirJAiS faster service Creation and lower E�riltll�S�s4� 1Iti � ' I9tt� r 111111 fi i7 rr r)!i iii it 4t1 st �t� �ti t�1 i , i f S f rift'��7t r liar r z}10 ,'4 ii ri t S Sit ti ��i-0f r�fr S t4r / 1 jii r(I it t � t7 ft Sirs Jr}�i y�- rf4 �S, S{ii rij�l(l ii4 ri i �1Sii ti 2 - � �� li ti�i ltSJ j}i�i�lii}3{�N l�� 223{ji tS�i r i r1 r?t�1 � !r fl 1,Ai:f li{rpt i, ill t- 9/11/2013 12:07 PM BldSynC tiSir}��i iS r +�r+r� r}ti{ S�tyi r fsr i 1 � l �ii" State of Utah Bid JP14001 r )) and other standards allow for enabled communications separation of application logic from applications demand, while helping AL the underlying communications and businesses lower ownership costs. r speech infrastructure, delivering a Unique dynamic license pooling and highly flexible and reliable solution. high availability automatic failover t capabilities maximize continuity of Flexible contact center both outbound and inbound deployment options A campaigns and services. - Experience Portal supports "in front" and "networked" PBX configurations Built-in application level across TDM, IP, and SIP reporting environments. When deployed in Experience Portal collects an development costs by leveraging front of the PBX, Experience Portal extensive set of call, session, and existing applications and web can directly terminate SIP service application record detail that can be infrastructures. Organizations can provider trunks and conduct self presented within fully customizable build, manage, and maintain service before calls land on the PBX web-based reports. It combines multimedia self service applications or ACD. This helps eliminate costly detailed built-in application level using the same skills, tools, and pre-route, post-route, and data reporting with true enterprise wide interfaces used for existing web directed dialing charges and helps reporting and analytics through applications. reduce the contact center Avaya IQ to provide managers with a infrastructure footprint.A holistic understanding of key Distributed, highly scalable "networked" PBX configuration customer and operations business architecture behind the PBX and ACD is optimal data. Centralized multiple system Experience Portal can scale to when organizations require minimal management and reporting allow a support from a few to tens of changes to their existing single "cockpit"view into all live thousands of automated voice and infrastructure. systems with operational indicators. multimedia interactions. It can be deployed in a virtualized High reliability for mission critical Records are accessible through an service open interface for integration into environment, helping reduce business` hardware footprint, Experience Portal has been virtually any existing enterprise lowering the capital and operational architected to meet the most reporting system (e.g. Cognos, expenses of self-service. Support for stringent performance and "high Crystal Reports, etc.) or information Web services, Media Resource availability" requirements that can be conveyed through Avaya IQ Control Protocol (MRCP), VoiceXML, today's mission-critical speech- or Avaya Operational Analyst for 9/11/2013 12:07 PM BidSync Page 1398�pf14' 12 State of Utah Bid J P1 4001 cradle-to-grave contact center treatment and load balancing as well applications for Avaya Interactive reporting. as applications like Avaya Proactive Response and Avaya Media Outreach Manager for outbound Processing Server (MPS)as well as Experience Portal includes detailed phone, email, and SMS campaigns. speech and multimedia applications application reporting, automatic written for prior releases of Avaya "breadcrumb" reports of a customer's Businesses can empower non-IT Voice Portal. experience at every step of an managers to locally manage their interaction, plus transactional roll- own applications and to change Existing MPS Developer and MPS ups. Application and caller service behavior on demand when VoiceXML applications can be run on information can be combined in needs dictate. For example, local an MPS Application Processor unique ways with other external retail managers can issue their own managed within Experience Portal. resources ("Web mashups")such as outbound alerts or customer surveys This helps businesses centralize overlaying caller detail report data as well as update key self service management and reporting across with mapping data to see the information such as hours of both existing MPS applications and geographical distribution of caller operation, announcements, or new services built using the latest in information for visual trends analysis. greetings as needed without Experience Portal multimedia requiring specialized development or automation. Centralized application and testing resources. systems management For existing Interactive Response Experience Portal includes a multi- Application investment users, common platform licensing tenant, roles based management protection allows users on Avaya maintenance system, Experience Portal Manager, Experience Portal provides a to receive free product upgrades to provide a single place for access seamless migration path for and support. Orchestration Designer, to applications, system, and server organizations moving from TDM/IP Interactive Response, and Voice information and data. Experience to SIP-based contact center Portal share the same VoiceXML Portal Manager is a web-based architectures.Also provided free of browser allowing existing VoiceXML interface to Experience Portal, charge is Avaya Aura®R Orchestration applications written in Avaya Dialog allowing users to provision and Designer 6, an Eclipse-based Designer to be managed from manage applications, manage development environment (IDE) for Orchestration Designer and run on outbound campaigns, generate creation of Experience Portal Experience Portal. This approach reports, as well as monitor the multimedia self service and Avaya helps reduce application deployment system and applications. It supports Aura®R Contact Center workflow risks, increases self service centralized management of key applications. Orchestration Designer application portability, and helps features like Avaya Intelligent also supports creation of VoiceXML ensure a consistent user experience. Customer Routing for enhanced wait age9/11/2013 12:07 PM BidSync age I6�4'02 State of Utah Bid JP14001 �tt1t�atit.' } Experience Portal radia servers session management includes encrypted signaling encrypted audio, Experience Portal media servers provide automation functionality secure communication with external � application servers, and mask� such as terminating telephony sensitive data within management sessions, Interfacing to third party and USeY logs. speech and Other multimedia 52YVICes, and management Of Experience Portal Manager VOIceXML and CCXML 525510n5. Experience Portal Manager provides Media server software integrates via centralized operations, H.323SIP and RTPC to IP administration, management and Telephony infrastructures while g -� provisioning interfaces for managing external speech and media resources. Experience Portal Experience Portal, Proactive supports both the Avaya Media Outreach Manager, Intelligent Server and Experience Portal Media Customer Routing, and other Avaya Processing Platform. and Avaya Partner applications. An Components and easy to use Web-based interface Architecture EP media servers include a fully provides support for the following programmable CCXML session management functions: Experience Portal was designed manager which supports dynamic specifically for today's networked IP control of multiple voice dialogs and ° Media servers which support all and SIP based enterprise contact sessions with advanced call control concurrent self service sessions centers. The solution is functions such as on host across your enterprise fundamentally divided into four conferencing, advanced answering o VoIP, application, and speech components: Experience Portal machine and human detection, and resource provisioning media servers, Experience Portal programmable SIP headers. Mixing Manager, Orchestration Designer, of multi-channel streams is also ° Fail-over in case of loss of a media and the Application Execution performed.A fully-standard server by reclaiming licenses and Environment. Individual components VoiceXML Voice Browser supports registrations from the affected reside on separate servers or for recording of caller utterances as well servers and automatically smaller scale deployments can be as a complete call and session detail redeploying to spare capacity or loaded on a single server. collection for reporting. Secure spare servers. 61 avaya.comPage 1400�pf14'�7�12 9/11/2013 12:07 PM BidSync State Of Utah 11 � 'u is � � errs rs rs rt tt �r�} �� ifyf � Irf� 1{ 7 � r�f4 1lr ifr {fi rrtt£ li ffi } S} \ rflrl� t sl£ � rf rl£Il tt fltrS tai � -ibis f£ r t £ tit-s � i j ifa +t t t r s 1 1�, )4zriN f rf fl�ff4(k`ity f1�fi r[1 ifi�R+� �y,r f fJ1�i i it{�ifr �tj �� j �tff II � r f� Ur � tit r ffr � }r l r t fr r s i r 1 r £f Lt�l�rt£�i r fir r ifs fr, tftf rrt - ;rrl fir i ��l titf i tyi ifiit its (rs Jy,i v t 1 Experience Portal Manager Includes expenses of self-service. is the Web �s\r'r Irt£ ;r r, s�riif�f ) t ftrf�sr�issfl isrr fi�' t �� fr �( (It it illff� r ff rf ;vf�ui til t t r£ r ft- 1t ( ) ' rfr i� t1 r s I�ft s r ist ss ffrl� sir s t sr Ir a Simple Network Management Server host, like an Apache Tomcat > r Protocol (SNMP) Management Web Server, that serves thee ' £ � s ,c ' z err , f} r til t tfrt t f �s ss tir Information Base MIB t0 external standards-based ilrl£ f � � }ri C�frf (MIB) r l t fr s it rf r' s r s 4 i s f t i i s t s r s Network Management Systems such CCXML script to the Experience fsr( as IBM Tivoli or HP OpenView. Portal media servers when called. if ,`£ �� u, rr' i This app g roach lowers IT management r�ft SrtU(ff 'sh4 £rf rft� ffei ff rSt'llr ri< � ik\� fr1 t )i�t)V 1 Avaya Aural Orchestration costs byallowing your OYganlZatlOn ri, ii' 1 �fi;lijir rsr ffl,fl't �, I's�' ,�r Designer to reuse existing web application 4lff fliffY ' ii1� 7f � } �£ rrf �f�J7!£ fl� S tfi Orchestration Designer supports 1� tsr rf is „ 4f1fr £ r{rs 52YV2Y5 for application management. r application development fOY If 4{ Sy ff>f r� r: trrU irrjr it( �� r 7? � {Sr it lir, !I r�tf✓f- i�l£� i it f}£ aiFrf }f 7£( f f £!ir�t � lUi �ff r r�47t£s itr�frn ) � tui yrt £Qf 1r 4 l t P i V l t P i EX erence ora ,Voice ora , Experience r k tiri W£�i f �� ori S! \i1r t \ +tJ£ f r r f I}d t rfal ryu S 1 t z rl r1 1S a t f rl s Conclusion Interactive Response, Media ;i tf tr f{ f ' u£ i ,q f, sf }'� ' Processing .Server, and Avaya Aura® Take your Customer experience to a r s tt srt s t lit t� 2` t'lr t {z i - ri is tt Uss � ss t r r Contact Center. 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V t c r1 y ,(, l st t s Ift s":• y S t .?£r f r l if ! 7{:, , S , c ) ';V t r r"trc i t+ ,f;; t 1t 4 4 sr) S t S. rr 1 t, {r s r )� 3 1 + >}t, ,{a t r}::t 1 , i-,/ >t s <.rl r y }44 s y t:', s { s )r s t )t /t t} i,r! } rt s,,.4•.s�, t,i,+ /}t,`'r;.'? i , ;"' ,acus 1 } t tjt„:; t7 ,fit v lig i•. 77,tt\, ,r:}rv, s "J ) y}}„� v f 1, (y f ';i + f I� 1:4 „r it 1.1 ( Sr 5,t't,i i } ) .,.�, 4 t sr r:, \ r '/ +t(, } r }r s {\ r, ., 1 r,..•.. ! -ss } _,.,c c ,+ ,..,., f r»s , rr S£ S£ S£ S£ S£ S£ S£ S£ .,, �} ,"r, "J,.:. u7,•. ,,, ,. ,, , s r. ,? �,. „r , t ., r..., ,r _s ,t t t, r ,.r i... i... i... i... i... i... ,t., .,.,. � ,r I tr r ,(, i u. , r... , 1 r} t c.:. f ,t ': c r1 t ;hit } ar r it ,r ar r it , :5"' t .... s t u.-. z s ,rz u.-. z s fst ,(s,t"Ffst ,(s,t"Ffst r r t x 1. 1 s , About Avaya Avaya is a global provider of lousiness collaboration and communications solutions, providing unified communications, contact centers, data solutions and related services to companies of all sizes around the world. For more information please visit www.avaya.com. ©2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by®,",or-are registered marks, trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein.References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 06/11•GCC2784-06 81 avaya.comPage 1402 �pf14V12 9/11/2013 12:07 PM BidSync State of Utah Bid JP14001 AVAYA The Power of We" Call Center Elite Avaya Aural Multichannel Feature Pack -_ counting pressures in today's marketplace — increase competition, squeezed budgets, and sophisticated customer T_ expectations for service — have presented challenges for all organizations, whether large or small. With the competition tougher than ever and limited organizational resources it is almost impossible not to feel like you are under siege. In this type of market, midsize businesses feel the pain more — it's more � 011 complex for you to absorb these challenges as readily as larger businesses that you may compete against. To succeed, midsize organizations must find ways to overcome these challenges: • Dealing with fast changing business technology that can help them achieve cycles and fiercer competitive efficiencies and provide a high degree of landscapes that can out resource you functionality, while being easy to • Reducing cosh permanently so you are implement and maintain. They start by ` using fewer resources to compete with looking for tested and proven packaged larger enterprises solutions that can help make the difference in their customers'experiences. ` Driving efficiencies throughout your The Avaya Aural Call Center Elite business employing smaller support Multichannel Feature Pack is proven teams to be more cost effective technology that allows businesses to meet ` Differentiating your services from these objectives. Call Center Elite larger competitors to continually grow Multichannel enables customer service the business sophistication and differentiation, through • an efficient deployment model that Gaining competitive advantage leverages existing investments. In other products become more commoditized words, it can help you keep customers on and price to value becomes a priority track and satisfied while helping to Getting ahead of rapidly evolving customer optimize your existing resources. expectations means you must deliver value and provide a differentiated customer The key to improving experience.And this needs to be your cusp omer experience accomplished in a way that optimizes resources and expertise across the business, In good times and even in the midst of while lowering operating expenses. uncertainty, managing the customer experience is critical for long term Faced with these service imperatives business stability and even for the many organizations begin searching for continued existence of your organization. BidSync '146 12 State of Utah Bid J P1 4001 The Call Center Elite Multichannel contact.The Elite Multichannel solution is Key features of Feature Pack is a multi-purpose modular so it is flexible and can Call Center Elite customer service solution. It provides accommodate change as businesses a reliable, integrated, affordable grow and evolve. Plus,the solution Multichannel multichannel contact center solution integrates seamlessly with Avaya The right resource at the right time.By and rich and compelling customer Experience Portal for self-service options capturing resource skill sets in the rout- experiences. It is designed for midsize and with Avaya Call Management System ing database,contacts are routed to the firms or divisions of large enterprises for advanced reporting and right resource by skill type,regardless who are seeking ways to achieve customization.So whether you are an of contact channel.Universal agents operational efficiency, increase existing Call Center Elite customer that who support multichannel contacts can revenue and improve customer wants to add multichannel easily and improve response time measurements, satisfaction and retention. affordably to your existing contact improving service levels and increasing center,or you are considering Call Center agent efficiency. The Call Center Elite Multichannel Elite Multichannel for your new contact Optimal performance Feature Pack offers options for contact center environment,Avaya offers a management. Reporting is pivotal handling so your customers are treated solution that will turn your customer in an efficient manner.Yet it alsoto a contact center's success. The service operation into a 21st century enables agents to more effectively contact center. solution offers basic out-of-the-box respond to their needs. Intelligent performance reporting on all real routing of contacts—getting the right Avaya Call Center Elite Multichannel time and historical activity in the agent at the right time—is a proven key allows customers to make contact via contact center environment. driver of customer satisfaction.An voice, e-mail, fax, SMS text or instant Supervisors can choose to display added benefit—it can also help you messaging. Regardless of whether the the information in grid format or reduce costs while delivering greater customer prefers speaking on a report layout. For more business value. telephone,sending e-mails,texting on sophisticated contact center a smart phone,or chatting over the reporting,Avaya Call Management The 21st Century Internet, Elite Multichannel provides a System is available for more robust universal work queue by leveraging an consolidated reporting needs. Contact Center Avaya Automatic Call Distributor Proactive customer engagement. Avaya Aurar°Call Center Elite with the (ACD)for all supported channels. So From callbacks to targeted Multichannel Feature Pack is a fully that contact will be placed in a single campaigns, these simple and featured contact center solution with queue and then routed to an agent effective integrated outbound applications for multichannel,inbound with relevant tools,skills,and dialing tools can improve customer and outbound contacts,and integrated knowledge to handle the request. engagement and balance agent real-time and historical reporting. inbound and outbound calling. Easy to implement and simple to use,Call Avaya Aura Call Center Elite runs on our Center Elite Multichannel also delivers: Simple wizards facilitate ease of use. market leading Avaya Aura Built-in wizards make configuration Communication Manager and can easily - Out-of-the-box desktop applications easier and faster. By leveraging best be adapted to include non-voice contacts for agents and supervisors practices in contact center with the Multichannel Feature Pack.The - Framework applications: intelligent configurations,Avaya has created pre- solution provides robust multichannel routing, interaction data and defined desktop screen pops and routing capabilities for today's 21st centralized configuration routing rule definitions.This can century contact centers,and can manageshorten timelines,allowing business the collection,queuing,and delivery of . Integrated outbound preview and operations to commence more rapidly. progressive dialing, automated or voice and non-voice work items,such as Enhance customer experience e-mail and text or web chat sessions,to agent-initiated through advanced treatments. an appropriately skilled agent.The - Powerful application development tools Unique algorithms and capabilities powerful routing algorithms that reside in for customization and integration such as Expected Wait Time, Avaya Call Center Elite Software - Simple and fast wizards for desktop Abandoned Call Assistant, and determine the right resource for the right screen pops and routing rules Customer Requested Call Back 2 � avaya.com 9/11/2 13 12:07 PIVI BidSync Page 1404 p V1 2 .�4 Ittl 1y}' a +s14 S !ir3r ' + i+rlW ,ri s s r � t r ; i t; }tfIt i + � tt t1 tsV 4{ inti r rtc{ii �(Z t}t t> ,til }121 lt,:£�t�t'S)s '}?s;t t�S}1 U :Ji1fl }r/r f l t !t r}r 4 r1' S Irrirt ttft )t {tr l t-,r y tft �p ti {1S f v 1'rrlti} tr t \i r} deliver operational efficiencies and I ) lyt s r r i ,l } t ! it ft+ i+tS ;rt {+ r ,Ift,r ,4t � silt !t{tist ')t tett t rlr t i s ti. Increase Customer satisfaction. y f y -'f\1 s,S i t 1. ( , s { ,}tG t X su trkt t tr try , Inst 1 ,7 ; t t t+ ttrt f{ 4Jr r4 Ira '+r riss' It S,1,l est .... stt } I}t S Expand agent knowledgewith C r t } f+} }\A t t s t- Ss t s 'r((++n 12p tj4ttjt,ifrt}1)r( t 121 rfi ltst 4R-t t I� r yf} 4> i{lst) s {ti tt !r s ( tai_ r,irt (111+:. customer history. Call Center Elite i .}f Uy }'+il{7tt11, lv-1 r r 11 tf! i\{rt t ' tf ) �i ti 1( t ryt -s )Jls 1) t } } +ISS ti tt t} ss t, Multichannel agent desktop displays <'IjIprfC,Lit(y@ri$d�sfa11{ + 'oiffr�rl4tiltilritilNerretllyQlkits'y J J`t 7}rylt +})r+` a list of previous customer Contacts 1Yi � '1} n@l 'tt�plr ., SII �?II1t tliitfint26lrlJls�rrr Ii 7s 7 L r }t J fi it{rst it tlrl{ t.7t 7, 1 t'+ ss1l i(t Cr {t yf Jitr i,,,;\vat )s, S)J f 4Jt}jlt s J}r}ity irS)i4+s'tr},..,ys.s 1,;si,y Gf ltr, }}:7},;rl 'is ii t ,,,,t7 i:ljtl}i It rf r,r.: r,i is/sti,t)r<�,tl Sly sli r,l;�.t „t fi>s r} s}{tc to help ensure that agents have all p of the pertinent context In order to Itt 11tt�U}Jt t vt t Irv,{s tf i tl ,t)r t{t ,4 'iii rt fv r q 2tttd+} t } ,1t c: } rr r (1 tr ,, i 37, rl / �s better serve customers. z TM Inne, k? tr ;"S i lip o er Ir ,rls f �1 lltli m ,p l rri k ly tt , t,rt;t, , r,, r}r I7� 1rr t\i;t)1 tJ s rf}.,: rr ltlr tS r s t i,f,il ty Sit iy}t s} s ti st,t 41} !j7 t.. 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This allows office i r t n v,�llil irtk � I� h p Wlk ' h( 11� InS MYst�m t l t i ! r > Jit j i)r 1l 'fi (sr rat i t l ISti r t t+I ){ 12, t(4 yir {ttfr r 3 s l n4! i t t r tI 'it lr{+tt1 s ,if Workers to Call individuals In r tr st t r ( IJ{sj { t,y;l t rtJtlr fj�rsl, lies Jritt�ttiit&ftyi \t tr s r`'" ` `t ?s!tr }t4gtr ri` ti 1 r J1 ' t } tsr)7 rr \ tt;s, }+tt Microsoft Contacts and Accounts !r r tt 7 t;,r t t ft i,rt s ssl r I+t s 1� tt y i r irir{tr „rtf tsr+iryiy{tt 1(s f l7i t! tv } irks( t ri - } i 'it J ft vi Ir tlss 4�y-t ! is t l lir t ;r ,I 4f t t r is it vi s r tl S } ! trr t1 t l t lists, and view contact screen—pops Q{ , 1PT11@tCt G11rt'oIS'� 1} i1 /{ � ;plI �1Ql�1r�cIl�at st y)(i( trfij sir J s';1'S s it tr 4 J 's tf Its r r 1 rp t ti t} ! is t �r 7 1 + rt, J t s! t l(t ill 1S { 2 !?t l� pr , t.,t1 f t +r(rri t r1 t stat tir:i t, sttst'j ti 4 tl tJ2 r, With Inbound contacts. , r h ft�q � htrCprlagt qr roI n 1, tr7 s;s( it Stvl 4t; 4(,jl,�t vii' � tirll it tYt }t7{ttt�) i rpt Sly' r Its r r. r4 It t {) ) I s i{itr i ?1 Integrated tr { 4 t IlrJ ttf'ij�'r'1" s t ;Is ( svi }tqi{ irit7 r Ir Jt} 'vr,s z t,r ILSs}i {i 7tff\i tr}tt7irlttt) S,utt t`s}rsr ssr(t�rs3 tit jay 7uit +tf tsi tss ti}yt Irate rate all oard application. P t 1 II 1t 10,M, ., I4� +�4d'! tA11 }yrrrilIr W + ffipler�errlyi}sai�tGr�� u +,+s It displays real—time and statistical I s� rrlr{`t s t y rt sit iy t}; \ tl%t< tst ztr s' RVIJ $ye,{ 1,4p'In+t ' C }t121�' Tltrl�} , I ,i ur��flpl�t dtpin }� IYr„ fit \} \ Information on Vector Directory (rf l i t' Isl d lit Numberand { l'(k{ y><-lis Ir,)r�1'l l,l�tq n ; Irledyl �P o�-I rl �y'L �idIn �slyll%'rhIQ�J, + S rl4i t,. CVINs , skills or S s anr i r t 11 t, tt tr nrt p i r r, , tr/t - ki 77siJ -t i , r trsif}t, ii4 f{s {: rr {t 1l}t t}I J rr J'J trt - �l0,t; agents In a marquee window. II ra lit +rYl ',Ia It b `IeJ li 1r1ItC9Y YO yUIO y6t yt t+f 11 ittS 1+F.i�'rtM 4)s ) Ti i is ps ii ist �lyrf> ticr1 y S y Irl tf 11 vt _1 f�is,i 4i r ! } r \its i > ttr tl ;thr ria 1 rf,{lilt 1 1 sl4 ,. t 1 t{-S it i$i lrrt 1,i '(11 tS }, t is tr i Installed on agent PCs, the scroll bar IIrltp ply tpt4lri�atp1tIky Irsrlalttgr l�pfZ'4 r,st........ {I} (1r sy}S I }s })fill t i }+i i14}t v r{rrr(, r t sit r;rft) rt t(t) t s of Information allows agents to serfsrr lt> s ytt aft l S2 t 4, i 0. r vilri t ,, 1v P s t it v i Sli I t r , r t i t tS t 2{ + +f It s t toy plenttl fc�trttrl toy Closely track their personal WOYk i arta' is rJrr r t } r! o, , n ' Ie1lt s)tt Itrr{ l 1 i rt ri 2 t }i{ 1{Ili r ) t I ir,, r, rrf r S1 tf s, Gy (ni str si tS S7 rl�r sri yltt ( tv !r rJ S>rY r�ss r t t t t t i { k PA, { cpporttU,rll�y,jt fP�ii,ri K7YC?yCUGtI 1NIt(l1cr� d,iXA ?r�Cl �lcl�r�, hI flir)cll�t� , r i� (vi r t i{t rlr it,jil'1`r JM1 lsjnt..t!UQs t l s(',,it}y?rIrtt t \�rC''�firCrir 7 liS si performance and the performance 4 t } ICfl;l1` plxrspJrrYl {I�ft ;111iiyl,7S ` )iIl.rgs prCni of their work group (skill or split). C !}rt ` 7} 7 t 1 it 7 i} sty ,t 1r ''4ss}ty)r t ss air 1411is }.. 1 t) t , +J rr\{';. tts( t st li it n { i1{y) t�t'rS;i�t Stt st ,y vl 1y ,t i\ r i S s SJ i'�it�lf 7st y{ri 1n'.,rtti!7i ji1�'(` rlt fs�} ti sat nIklq+ crmprli�lpIffprntltt2ninItbll14�d1a�g+i � tic� hl► SfYlritl Chat canned messages.Agents i }it{i.r ltt, s.s yrt}t fs lr ',f tr t l ft1v1'fr j t r rt tit ` i- i (,;} jl tts{,,;tf +1 !} "t t( �t t,sr} 1(rt rri lI},{fir €rtc ttJr 'y ri st;j({ Using chat canned messages are r { r { r { r { r { r { r { r { r { r { r { r { r { r { r { r { r { r { r { r { tr { ),t,),t5,it ,t,),t,), able to make use of personal or corporate specific messages such as of Experience Portal, customers will searching for ways to keep up and "Hello, my name is Sally, how may I gain an "all in one” contact center move forward under economic help you?" In addition, an agent can suite experience by configuring pressures.This environment creates a configure an e-mail address in the Experience Portal within the Elite gap between the availability of new event that no agent is available or a Multichannel control panel in technology and the ability to consume customer attempts to contact a call addition to improving their it.Avaya Services addresses the center after hours. Chat messages customer service.Avaya Experience technology gap to capitalize on your can also be used to inform or Portal is sold separately. investment and enables clients to advertise information about a new achieve the true benefits of technology or existing promotion. Avaya Aura°Workforce Optimization by removing complexity,improving • � )integration.Managing the Keyword based routing.Allows the agent workforce requires sophisticated performance and accelerating ROI. administrator to identify keywords, WFM tools. By automatically which characterize the content of an From assessing business needs to forecasting staffing requirements to designing, implementing, managing e-mail. Keywords can be defined meet call. and associated with a group of and maintaining the solution,Avaya experts, which in turn can improve Services provide a range of options to routing and deliver higher quality Avaya Client Services supplement or support your internal and faster e-mail responses. Rapid technology changes are creating resources in addressing business needs. • Avaya xperience Portal a challenging,complex,multi-vendor integration.Through the integration environment, leaving enterprises 9/11/201312:07 PM BidSync ��,V 12 State of Utah Bid JP14001 Avaya Global Support r Avaya has extensive global experience delivering services in complex client environments. Avaya Services is an award winning organization and has been recognized for many years for its excellence in customer service and support in North America. Protect your Avaya enterprise communications solutions with standardized global support services designed to give your business maximum flexibility and uptime.This powerful and modular support offer is Avaya Support Advantage.With Support Advantage,you get industry-recognized Avaya services in the fastest response times we've ever offered.And there is a Support Advantage package that's right for you,whether you take a hands-on approach to managing your environment,or opt to rely on Avaya or one of our Avaya channel partners.You can choose from simple-to-use,flexible Support Advantage services to: • Build a simple support strategy tailored for your business. • Leverage intellectual property, like Avaya award-winning web-based tools on a 24x7 basis. • Benefit from a world-class remote diagnostic tool that can identify, isolate and resolve 99 percent of system- generated alarms. • Implement security policies quickly via the Avaya Secure Access Link Policy Server to reduce network security risks. • Maintain peak network and application performance to better serve your customers - and help your employees be more productive. - • Realize the potential of your communications investment. �- �- Avaya ProfessionalServices - Professional Services enable businesses to leverage their communication technology investments to drive measurable business results. These services intersect at each point - - - of the customer communications lifecycle continuum and are delivered in three customer facing portfolios of Enablement, Optimization and Innovation. Enablement Services:Assures successful implementation of technology allowing maximum benefit of investments. OptimizationServices:Leverages existing technology investments towards increased ROI. InnovationServices: Leading technology services allowing companies to reach new �- levels of business potential and market competiveness. Avaya Managed Services ® Avaya provides a portfolio of services that address customer business issues. Avaya Managed Services help reduce customers' IT workloads and can accelerate deployment while improving overall performance and reducing costs. The Avaya portfolio of offers � are globally consistent, IT Infrastructure Library(ITIL)-aligned helping to ensure best in class service. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by°'"' or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 03/13'CC7165-01 BidSync Page 1 406 f1414712 State of Utah Bid JP14001 AVAYA MENE= FACT SHEET Expanded Meet-me Conferencing Reservation-less, Meet-me Audio Conferencing vaya Expanded Meet-Meet-me Conferencing provides reservation-less, meet-me audio conferencing capability for up to 300 users per system, including up to 300 participants in a single conference. Tightly integrated with Avaya Communication Manager, Expanded Meet-meMeet-me extends the value of an organization's investment in Avaya infrastructure, by providing convenient access to cost-effective, on-demand conference calls. Using the product, organizations can hold conference calls at any time, without paying recurring or per-use fees for simple reservation-less calls. Most organizations can realize an ROI in 4 to months, and save thousands of dollars monthly, compared with outsourced services. Enhancements over6-party • Expanded capacity up to 300 parties per conference Conferencing • Enhanced phone display, including real-time view of Expanded Meet-me Conferencing leverages the same participants joining and dropping, and ability to scroll features, administrator and user experience found with through the list of participants the current 6-party Meet-me conferencing capability of Communication Manager, including entry and exit • Host ability to mute selective participants tones, and single pass code for entry (participant and . Support for all types of end points: analog, DCP, BRI, moderator). It also provides: H.323, and SIP The software-based solution runs on an Avaya S8500C server and connects with Communication Manager v3.0 Linux-based servers via encrypted signaling links (TLS - SIP standard), and uses same operating system as CM (RedHat Linux 8.0). 'i Benef its • Cost-effective reservation-less conferencing for up to k� 300 parties per system �� • Easy to acquire, configure and use, as it does not k change the user experience associated with 6-party } Meet-me r °XYk 1�SXkA`E X�;- • Tight integration with Communication Manager for simple deployment and management • TLS Zink for secure connectivity between Communication Manager and the conferencing server rm 'q12, Page 1407 �pfi4 State of Utah Bid JP14001 • Same administrator interface and phone display as Software Requirements current 6-party Meet-me conferencing, providing a • Includes a modified version of Communication familiar user experience Manager's HAP • Support for all types of end points: analog, DCP, • SIP Trunk interface between Communication Manager BRI, H.323 and SIP and S6200 server (TLS link for secure connectivity) • SAMP card required for remote access and restart Technical Specs • Conference control remains in the Communication Hardware Requirements Manager, while audio summing and conditioning are • S8500C server done in the Expanded Meet-me server. • S8500C server runs the Expanded Meet-me Conferencing application Learn More • IBM x306 server with SAP To learn more about how Expanded Meet-me Conferencing can benefit your organization, contact your • OS: RedHat Linux 8.0 Avaya Client Executive or Authorized BusinessPartner, or visit avaya.com. • Modified version of Communication Manager's HAP • SIP Trunk interface between Communication Manager and conferencing server(TLS link for secure connectivity) About Avaya Avaya delivers Intelligent Y g Unified Communications, Contact Communications solutions that Centers and Communications help companies transform their Enabled Business Processes. businesses to achieve market- Avaya Global Services provides place advantage. More than comprehensive service and 1 million businesses worldwide, support for companies,small including more than 90 percent to large. For more information of the FORTUNE 5001% use visit the Avaya Web site: Avaya solutions for IP Telephony, http://www.avaya.com. 1 11 ©2007 Avaya Inc.All Rights Reserved. r-,r 11 1 Avaya and the Avaya Logo are trademarks of Avaya Inc.and may be registered in certain jurisdictions. ��i�Il' - l trademarks re lrespectively,of identified lIncbitwh the exception of trademarks, FORTUNE 500whhich s rea registered trademark of fj Time Inc.All other trademarks are the property of their respective owners. f 9/11/2013 12:07 PM 07/07• MIS2745-02 BidSync Pag=e'�408 p'14�71 2 } y 1r�.t t l��Stir�2yi'�, s�r 7�4,4,1r rt�u lot lr it( , vV�il��I�it, State of Utah Bid JP14001 AVAYA The Power of We" IP Office Preferred Edition For Optimal Responsiveness a n d Professionalism Overview IP Office Preferred Edition delivers intelligent communications capabilities that enable staff to collaborate easily and respond quickly to customers and colleagues. With Preferred Edition, businesses can use communications to establish a competitive edge - through intelligent cell routing, sophisticated messaging - and cell handling and application integration. IP Office Preferred Edition enhances all the capabilities of Essential Edition and much more. Capabilities - Call Recording- Recording of • incoming or outgoing cells is built-in. Scalable,Sophisticated Voicemail- Set the frequency of recorded cells (ell Handle up to 40 simultaneous cells cells, a percentage of cells). Record to voicemail. Broadcast a single with the push of a button, and send voicemail to all employees, a specific recordings directly to voice/email department or just one team.Address mailboxes for forwarding via email. messages by extension or name. Have IP Office find you and notify you of new voice messages. Benefits • Secure"Meet e" Conferencing - Investment rotectio - Expandable Built-in 128-party conferencing means as your business grows. Handles ten all users can host their own password- times more voice messaging capacity protected conference bridge (up to than Essential Edition to accommodate 64-parties per conference) to enhance a higher number of calls from collaboration. Host a multitude of calls customers and additional users. simultaneously.Add optional HD video Empowerment of all users within the to conference with colleagues. business-All users can spontaneously • Automated Call Routing- Create host their own personalized and unlimited automated attendants (with secure conference calls. an unlimited number of levels) for Flexible management- Easily adapts sophisticated call routing. Customize to your changing business needs. to handle calls by time of day, day of week or other variable. Recognize - Communications assurance- With the callers and deliver personalized ability to easily record calls no one messages to them. Pre-record would miss important information announcements (holiday greetings, from a meeting. promotions) and schedule for future use. BidSync '142 2 I t y r A fftt �r�� li State of Utah Bid JP14001 , � rsl, r off, ff�rif � f � rr� i, 1i i tt�jt�jt�jt�j,t�jt�jt�jt�jt�jt t 1( 11�f 'rc it it SP 7r t�,7 tA7 to 7r to 7at17 f17 to 7r tAu7 f17 tA7 to 7r�l�7 tA7 tr,<@ }� },il ,l L.t aw System IP Office 500 V2 system or IPOL/Server Edition Primary Requirements Ethernet attached PC running Microsoft Windows Server 2003(32- bit),Windows Small Business Server(32-bit and 64-bit), Microsoft Windows Server 2008(32-bit and 64-bit),and Windows Server 2008 R2 ® Ethernet attached PC configured with Applications Server DVD (Windows Operating System not required) ® Voicemail synchronization in email and browser based access to voicemail works with any IMAP mail client(Microsoft Outlook) ® IP Office 500 V2 system or IPOL/Server Edition Primary has 128 party conference capacity,and up to 64 parties on a single conference ® Requires as many digital trunks/channels as external participants. For example,I T1 allows 23/24 external parties,I E1 allows 30 parties, etc. For complete and latest PC and Server specifications,refer to latest Avaya IP Office Technical Bulletin and Technical Tip documents. User Requirements ° Any IP Office telephone Feature Detail System Features ® Up to 40 concurrent calls for voice mail access ® Voice storage dependant on PC hard drive size(1MB per minute) ® Unlimited multi-level intelligent automated attendants ® CLI/ANI number screening to personally answer and route known callers ® Time and date profiles to cater for public holidays and emergency closures ® Sophisticated in-queue announcements advises callers Estimated Time to Answer and Position In Queue ® Multiple language support ® Single,centralized voicemail solution when used with IP Office Multi- Site Option ® distributed voicemail solution available when used in IP Office Multi- Site Option ® Message control:Save,delete,Forward,Repeat, Rewind,Fast Forward,Skip Message,and Pause ® Message retrieval options of LIFO/FIFO playback(Last In First Out/ First In First Out) ® Set message as Priority,to be played first ® Backup and restore locally or to a secure remote location ® Outcalling notification of messages left in voice mail box Conference Features ® Helpful voice prompts guide callers into the conference call ® Unique PIN codes help ensure security for conference calls ® Conference entry/exit tones;single beep on entry,double beep on exit. ® Conference call recording ® Conference call control(available with IP Office Power User, IP Office Teleworker,and IP Office Office Worker solutions) `Conference Room'automatically dials users and adds them if available(Requires Receptionist solution) Userfeatures Record calls to mailbox Personal attendants Personalize greetings and pre-record extended greetings Send notification,forward,and copy voice messages to email Inbox ® Browser based access to voice messages ® Message control from your PC(available with IP Office Power User, IP Office Teleworker,and IP Office Office Worker solutions) Learn More For more information on Avaya IP Office please contact your Avaya Authorized Partner or visit avaya.com/smaH ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11/12•LB4317-06 BidSync Page 1410 f14' 12 l£Yt�r` i£�1 f£ii� �£�ii(ti rt�it��it t�tit £Ir 11}�rrt �i��t£�Jilt State of Utah Bid JP14001 ii t�S� t£t) � t� t rD�ry)r t 1p i 1s T SZq )1 � ti tr tti,. AVAYA The Power of We" Avaya Proactive Outreach Manager fi tt �. What if your business could reach out increase revenues, and/or improve t t and interact with customers that have customer satisfaction. impending critical service or support needs?What ifour organization could Y g Proactive Outreach Manager can help quickly take action on your customers you: anticipated needs and reduce inbound Improve Customer Satisfaction - call traffic with proactive outbound r , Provide timely communication of contact?What if you had a low cost way information and status updates to improve customer awareness of new through email, SMS text or telephone services and offers? based on the customer's preferences Avaya Proactive Outreach Manager Lower the Cost of Service- Reduce does all these things and more. What is inbound traffic by anticipating caller Proactive Outreach Manager? Proactive inquiries and allowing customers to Outreach Manager is an application take action. Lower outbound agent e platform that enables organizations to costs by automating simple � design and manage high performance interactions through lower cost and cost effective automated email, IVR, or SMS text notifications and outbound campaigns Reduce OPEX andCosts- that reach out to customers via voice, Uses Avaya Aura Experience Portal or email, or text messaging. These Avaya Voice Portal for automated campaigns can notify customers of key outbound campaigns allowing you to information and enable them to take deploy mission critical automated immediate action through automated outbound services that leverage and self service or by a conversation with compliment your existing inbound self an agent. service applications Generate Revenue- Create and Key Customer Benefits execute customized cross-sell and or up-sell campaigns to generate new or Proactive Outreach Manager simplifies upgrade revenue creation, execution, and management of outbound campaigns and notifications helping businesses reduce costs, BidSync 1k'�412 Utah 11 Bid JP14001 contact lists, call schedules, and agent availability. Build outbound t�n' campaigns leveraging existing - inbound self service applications to *V, expedite time to market of new 41 services. Build contact lists using virtually any data source and add ,. new contacts to existing campaigns � F 1 without interrupting campaign -,!q execution. Advanced Outbound and Speech Capabilities- Employ human voice and answering machine detection to leave personalized message (e.g. "Sorry we missed you...")when a Proactive Outreach Feature Summary non-"live"contact is detected. Utilize prerecorded prompts or the latest Manager is ars � Multichannel Blending andspeech technologies to design Escalation - Design interactive highly effective, automated application platform voice, email, and text messaging customer communications. that enables campaigns that allow interactions to take place across multiple channels, Contact tenter Integration - Design organizations to such as providing information automated outbound campaigns to through one channel while allowing complement and extend beyond design and manage response through another. Design your existing inbound contact center high performance applications to move from email to and outbound agent campaigns. text to voice on subsequent contact Provide customers the ability to and cost effective attempts based on contact urgency request transfer to an agent with automated or other conditions like shifting from screen-pop to expedite their agent- automated call to email after based interaction. notifications and business hours. Applications Campaign Trtlin - During outbound campaigns can also support Preference automated campaigns that provide Management approaches to help the option to transfer to an agent, that reach out to ensure consumer communication control the volume of outbound customers via voice, preferences are honored. contact attempts based on inbound Campaign Design - Leverage the agent queue times. Leverage key email, or text powerful, open standards Avaya data like "Expected Wait Time" to messaging. Aura Orchestration Designer automatically throttle campaign environment to design interactive contact attempts to manage call campaigns and notifications that service levels for transactions dynamically adjust based on requiring agent assistance. customer status, business rules, 9/11/2 13 12:07 PM BidSync Page 1412 �pf14��12 State of Utah Bid J P1 4001 • are Customer Status-Shares Unified Application Management- Outbound applications run on the customer status in real-time such Proactive Outreach Manager same high availability architecture that preferences (e.g. opt-in/ leverages Experience Portal designed and developed specifically opt-out) or status changes (e.g. Manager or Voice Portal Manager for mission critical customer self delinquent bill is paid)are reflected to simplify management and service applications. in real-time across all other administration costs by unifying concurrent campaigns. access to campaigns, applications, With Experience Portal, organizations • Campaign Tracking and and customer data for both can quickly build multi-channel self Reporting - Track campaign status outbound campaigns alongside service campaigns that seamlessly in real-time via web browser inbound self service applications. blend outbound notification with accessible reports. Monitor and Compliance- Stay compliant with inbound self service interactions- all analyze campaign effectiveness the latest government regulations. on the same platform. This approach with real-time and historical reports Proactive Outreach Manager provides organizations a means of that provide a unified view of supports key capabilities like Do vastly simplified management and campaign activity and customer Not Call lists, Opt-out, and Opt-in. administration of both inbound and status. outbound self service applications and client data. • Multi-tenancy- Empower business Platform Requirements leaders across your organization to design and manage their own Proactive Outreach Manager outbound campaigns. Leverage leverages Experience Portal and multi-tenancy and roles based Orchestration Designer and prior access to centralize access and releases of Voice Portal and Dialog control to relevant systems, Designer for campaign creation, campaigns, detailed customer management, and reporting. data, and reports. Example Applications Custome ................ ..... Customer Customer ",Text,,,,' Customer 0 ............. O Customer utbound Customel 0 .......................) Customer lf,) oil Live Agent Customer, (as needed) ........................ Customer voice a Customer 0 ...................... voi Customer Inbound Proactive Outreach Contact Flow ava�4ecy,ff-�� 'qU 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid JP14001 s,,t spa spa spas5a spa spa sp�s�a spa spa s'a s ✓ a, Conclusion Today's organizations are challenged to continually improve customer satisfaction and revenues while dramatically lowering costs. To improve in all these areas, many organizations have moved to automating outbound customer care.Automating outbound self service and notifications is a great way to expand customer service and support as well as reduce and shape live customer call volume to lower cost, automated channels. This approach can result in a significant reduction in service cost while in most cases also improve service levels, enterprise responsiveness, and end customer satisfaction. Learn More For more information about how Avaya Proactive Outreach solutions and Avaya Proactive Outreach Manager, contact your Avaya Account Manager,Avaya Authorized Partner or visit us at avaya.colin. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. f 07/13'GCC4526-01 BidSync Page 1414 'i4V12 State of Utah Bid J P1 4001 Table of Contents Session Initiation Protocol (SIP) trunking is a Voice over Internet Protocol (VoIP) service based on the Session Executive Summary.....................1 Initiation Protocol by which Internet telephony service Starting Points ...............................I providers deliver telephone services and unified communication to customers equipped with private The Four Essentials.....................2 branch exchange (IP-PBX) facilities. SIP trunking The Business Case for SIP extends the capabilities of enterprise telephony systems Trunks................................................3 by enabling new features and functions; the primary method of terminating SIP trunks within the enterprise is New Possibilities, via an enterprise session border controller. New Challenges...........................4 Flexible and cost-effective, Sip trunks make a great deal of business sense to Security.............................................5 deploy because your organization can use the converged Internet Protocol (I P) Enablement and Protection: connection for all communication with calls routed over your carrier's IP Interlinked........................................6 backbone using Voice over Internet Protocol (VoIP). Deploying a Session Initiation Protocol Trunk Securely and Yet as with any technology, SIP trunking requires some education to derive Effectively.........................................7 maximum benefit from a SIP trunking solution and it also it pays to understand The Destination: SIP-Enabledits dimensions especially security and deployment challenges. Fortunately, with Unified Communications.............7 the right solution the necessary security can be enabled and deployment Summary..........................................8 challenges resolved. This paper will look at the business case for deploying SIP trunks,the requirements for securing them and the features needed in a SIP trunk security solution. Starting Points IP technology has radically transformed voice and data communications and has also transformed the ways we think about voice and data communications. Historically where separate infrastructures were needed to carry different types of traffic, now one can handle it all,yielding significant economies in the process.At the same time, new features and functions are enabled, bringing unprecedented flexibility and convenience to the daily tasks of the enterprise and increasing employee productivity. 9/11/2013 12:07 PM BidSync 12 State of Utah Bid J P1 4001 SIP trunking, which uses the VoIP standard to establish an Internet-based connection between the public switched telephone network and your enterprise's SIP-compatible gateway or IP Private Branch Exchange (PBX) is also changing the way businesses and organizations communicate. The benefits of SIP trunking are many. It eliminates the need for costly time-division multiplexing trunks and gateways and introduces innovative capabilities to direct and manage communications. For unified communications, SIP trunks deliver expandable bandwidth that enables a new generation of rich media services including: high-fidelity voice, high-definition video, and video-based collaboration. With SIP, traffic is not limited by the strict time slot capacity of time-division multiplexing trunks and call capacity can be scaled easily. Bandwidth can be allocated dynamically based on the application mix or number of sessions to help ensure optimal performance of applications in use. A Different Frame of Mind Just as VoIP originally enabled voice convergence with your enterprise local area network(LAN), SIP trunking enables voice convergence externally over the wide area network/Internet.And for that reason, it requires a change in the way your enterprise should think about your voice networks. In the past voice networks were truly private, isolated and self-contained. SIP trunks create an interface with the public networks (e.g., the Internet or a service provider network)extending beyond your enterprise's borders. Because your voice network is no longer isolated and self contained, to protect the security of all communications, demarcation points must be well defined, privacy of communications ensured and fine-grained control applied to enforce call routing and security policies. The Four Essentials Security is a fundamental prerequisite to an enterprise-grade Session Initiation Protocol trunk,yet it is all too often overlooked.Any comprehensive security solution for Session Initiation Protocol trunking must provide: • Enablement:facilitation of seamless and secure enterprise communications with high quality of service; • Control:effective management of users and their access to services, features and functions, ensuring that the system and its resources are utilized in keeping with business needs, user requirements and security policies; ava4�yflj� ,12 9/11/2013 12:07 PMBidSync � .f4 State of Utah Bid J P1 4001 • Protection:end-to-end assurance against signaling and media vulnerabilities; • Demarcation:clear line of defense and termination for Session Initiation Protocol trunks within the enterprise. The object is to allow companies to derive the greatest benefit from their SIP trunk solutions, unimpeded, while ensuring the overall integrity of the network and its traffic and show substantial return on investment. The Business Case for SIP Trunks SIP trunks present a compelling business case to enterprises for a number of reasons. The capital cost is lower than that of traditional Public Switched Telephone Network connectivity because there is no need to own lines or Time-division multiplexing equipment(which also has the longer-term advantage of lower maintenance costs) SIP trunks can also support a greater number of lines than conventional primary rate interface connections.And they can deliver local,toll-free,domestic and international long distance service at a much lower cost than is possible in a Time-division multiplexing-based Public Switched Telephone Network scenario. As an example,consider a large enterprise of 2,500 employees with an over subscription rate of 10:1 (10 users to I SIP Session)and an estimated long-distance tariff for traditional long distance calling of$0.04 per minute. If 250 simultaneous voice calls must be supported at any given time using Time-division multiplexing,it would be necessary to deploy 11 primary rate interface connections over TI lines to meet the demands.And if a Time-division multiplexing gateway does not already exist,one would have to be deployed at a significant capital cost. The same organization with the same needs could deploy Session Initiation Protocol trunks to support 250 simultaneous Voice over Internet Protocol calls in a Session Initiation Protocol trunk scenario. The session border controller in the network demilitarized zone can be either the industry standard carrier Session Border Controller or a purpose built Avaya Session Border Controller for Enterprise. In either case the long-distance cost Session Border Controller could potentially be half that of the Public Switched Telephone Network scenario. It's not surprising then that enterprises are moving to SIP trunks to shed the cost of Public Switched Telephone Network trunks and gateways. Increasingly,instead of simply swapping out one infrastructure for the other and using SIP trunking as a means of enabling same-old voice services, more and more enterprises are realizing SIP trunks also support real-time unified communications applications,which provides the potential to increase the productivity of their workforces. In large part, one of the most important decision to make when moving to SIP trunks is in selecting the type of appliance to be used for the enterprise demarcation point. ava�4�y4T� � ,12 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid J P1 4001 FIGURE 1: shows how the Avaya Session Border Controller for Enterprise solution can rapidly payback associated costs in less than a month. E Effliffimmelffim Item Qty Unit Total Item Qty unit Total Item Qty unit Total Cost Cost Cost Capital Capital Cost Capital Cost Cost (list price) 1 $174,000 $174,000 (list price) $39,000 $39,000 (list price) I I Total Total Total Capital Capital $174,000 Capital $39,000 Cost Cost Cost Monthly Monthly Monthly Operating Operating Operating Costs Costs Costs PRI 11 $1,000 $11,000 PRI 250 $20 $5,000 PRI 250 $20 $5,000 connection connection connection LID charges 5000 $0.04 $1,000 LID charges 25,000 $0.02 $500 LID charges 25,000 $0.02 $500 Total Total Total Monthly $12,000 Monthly $5,500 Monthly $5,500 Operating Operating Operating Costs Costs Costs 111 Nil ild i New Possibilities, New Challenges The fundamental components of the SIP trunk architecture on the enterprise side include: • A PBX (either IP-based or hybrid Time-division multiplexing and Internet Protocol)to process enterprise call functions • User devices connected to the internal network • Border elements that create a 'demilitarized zone' between the internal network and the Internet beyond the point where the SIP trunk connects for to the Internet telephony service provider's network. Key functions required within a conventional SIP trunk architecture include: topology hiding, Quality of Service reporting, SIP routing, high availability and threat protection. 9/11/2013 12:07 PM Bil avag�,�yj�b I 04IT12 State of Utah Bid J P1 4001 One of the challenges associated with SIP trunking today is that there can be many flavors of SIP.Though it is standardized, the standards allow room for flexibility and interpretation. Consequently, a PBX or firewall may be SIP-compliant on paper and still incapable of communicating effectively with other SIP devices.And there are PBX's that claim SIP interoperability that really possess fairly basic capabilities. They may be able to direct traffic to specific Internet Protocol addresses, but lack the finer functionality to perform more advanced calling features. Interoperability is hardly guaranteed, inside the network-or outside of it, in the service provider domain. These issues can generally be addressed by purchasing the right equipment and asking the right questions about its capabilities. The right questions to ask: • Does it perform NAT Transversal and Topology Hiding? • Does it do SIP Normalization? • Does it maintain SIP-NAT bindings? • Does it perform access control? • It is protocol repair capable? Security Imagine if one enterprise is attacked.The numerous servers running complex applications could be used to propagate attacks,impairing the trunk and causing denials of service not only to the originating enterprise but also to other customers on the same carrier network. While SIP trunking provides many benefits as well as flexibility,distinct and more intensive security requirements required versus Time-division multiplexing.A Time-division multiplexing Public Switched Telephone Network gateway provides an explicit demarcation point between the enterprise network and service provider combined with engrained security features.So it is extremely difficult for a malicious external user to traverse the network interconnection and access the enterprise network through the traditional that trunk but it is fairly easy to do so when the interconnect point is Internet Protocol. ava�4�y,ffb� ,12 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid J P1 4001 Because SIP trunks offer direct IP connectivity to the enterprise network, they are inherently more insecure than the Time-division multiplexing trunks. One Time-division multiplexing trunk contains one call while a one megabit link could contain thousands of SIP calls which increases the risk of a denial of service attack(an attempt to make a computer or network resource unavailable to its intended users)and the damage that may be caused. Implementing an Avaya Session Border Controller for Enterprise that is interoperable with all variations of SIP and has sufficient intelligence to facilitate the secure interactions with a variety devices can solve the problem,Avaya Session Border Controller for Enterprise is designed to solve deployment issues, prevent attacks and deliver value to the enterprise It helps you meet the requirements of enablement, control, protection, demarcation and return on investment. Enablement and Protection: Interlinked Important from an enablement standpoint is Network Address Translation traversal and how to protect against outside threats. Network Address Translation traversal is the process by which IP address information is modified inside of IP header messages. Because IP traffic is routed by headers, devices need to be able to look into packets and read the embedded addressing information.Yet traditional firewalls can't do this. Consequently, to permit external traffic to enter the network, service providers often require the enterprise to"open up"the firewall in ways that compromise security, reduce network control at the application layer,and prohibit the effective implementation of routing policies for SIP-based traffic. Given the plethora of threats facing networks today, such openness is unacceptable. Changes to the firewall will open holes for attacks from external sources such as hackers, malicious users and sparnmers.According to the Communication Fraud Control Association, the body that monitors communication fraud, the crime of'Phreaking' (hacking into a PBX and using it to route calls)actually costs United Kingdom businesses $2 billion to$2.4 billion per year'.Authorities estimate that telecoms fraud caused by security gaps cost businesses nearly$80 billion per year 2. Other common attacks include Denial of Service/Distributed Denial of Service; Distributed Denial of Service message floods and fuzzing;stealth Denial of Service;and spoofing attacks.A Denial of Service attack on a Vol P system can be used to flood a phone with spoofed requests that overwhelm the phone's protocol stack and disables the device.A low volume variation on this kind of attack can cause VoIP phones to ring continuously. Other threats such as call hijacking,fraud and eavesdropping are also perils,and must be secured against with encryption and authentication. If the signalling and media traffic used for voice communication is not secured,voice packets can be captured and conversations reconstructed. I The Communications Fraud Association-2011 2 Communications Fraud Control Association(CFCA)2008 Survey. avag4�y4k rz 9/11/2013 12:07 PM BidSync �41�12 State of Utah Bid J P1 4001 In addition to protecting its network against attacks,your enterprise must have control over all aspects of its voice,video and data communications. This includes allowing or denying specific signaling, media and applications, and applying specific routing or security policies. Deploying a Session Initiation Protocol Trunk Securely and Effectively As mentioned previously,a Session Border Controller for Enterprise communicating via SIP to the IP-PBX, facilitates essential functions such as routing and Network Address Translation traversal,and provides security capabilities such as threat protection, access control, policy enforcement and privacy. In other words, to enable, control and protect enterprise Voice over Internet Protocol traffic.An Avaya Session Border Controller gives you that. Your SIP trunk security device should provide for all of the following to ensure the four requirements of enablement, control, protection and demarcation are met: • Vol P threat prevention:comprehensive SIP and media protection • Vol P policy compliance:fine-grained policy enforcement • Secure Access: firewall/Network Address Translation traversal and encrypted signaling and media proxy(Transport Layer Security and Secure Real-time Transport Protocol) • Demarcation:clear line of defense and termination for Session Initiation Protocol trunks within the enterprise The Destination: SIP-Enabled Unified Communications SIP trunking provides a highly economical and versatile communications solution for enterprises eager to capitalize on the benefits of IP networks for both voice and data. Implementing a SIP trunk solution requires a shift in perspective;from conventional notions of what the network perimeter is to the kinds of functions required for security. The edges of the network are no longer"hard":all manner of traffic flows in and out.SIP -enabled effective communications must meet the full range of enterprise requirements and yet protect against signaling and media vulnerabilities,and to handle demarcation and peering issues at the network edge. A comprehensive SIP trunk solution will include an Avaya Session Border Controller for Enterprise deployed between the network's internal and external firewalls because it can perform all the necessary functions for enablement,control and protection of Voice over Internet Protocol communications. 1�12 9/11/2013 12:07 PM BidSync . 4 State of Utah Bid JP14001 SIPTRUNK ITSP PSTN �u xa4p 0 "Al �, dqp�� 1 External nternal,�,I'r !� S �S 7 � !� � + U �� ;. Firewall IP PBX .,lit �js4�Avy��5CE INTRANET 401 lira 4 ��r.in PRISE Summary ESTER Avaya Session Border Controller for Enterprise offers one of the industry's best real- time application-layer protection against toll fraud and other Vole/unified communications threats allowing enterprises to enjoy the benefits of SIP trunks. The Avaya Session Border Controller for Enterprise enables safe SIP trunks for enterprises by: • Creating a demarcation point for your enterprise and enforcing fine-grained security policies. • Protecting against threats by blocking them at the enterprise perimeter. • Performing firewall/Network Address Translation traversal to simplify the deployment of SIP trunks. • Easily upgrading to advanced functionality, safe for any device over any network. Built on a real-time platform and based on the ground breaking vulnerability research, the Avaya Session Border Controller for Enterprise has the most up-to-date protection against communications threats. 9/11/2013 12:07 PM BidSync "yL '145 12 State of Utah Bid J P1 4001 Learn More To learn more and to obtain additional information such as white papers and case studies about Avaya Session Border Controller for Enterprise please contact your Avaya Account Manager or Authorized Partner or visit us at www.avaya.co�n/usa/product/ vaya-aura @ 2013 Avaya Inc.All Rights Reserved. All trademarks identified by @'T',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc 03/13-UC4871-01 avagpg�y4h� ,12 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid J P1 4001 Table of Contents Introduction Introduction..................................1 The emergence and adoption of Cloud Communications is an important trend in today's Enterprise Communications and Collaboration market. Both The Emergence of Private, enterprises and cloud service providers (CSPs) are seeing significant value from the introduction of managed, hosted and cloud communication applications Public and Hybrid Cloud and services. Communication Solutions........I While the concept of managed and hosted services is not new, the emergence Evolving to Cloud of cloud architectures has redefined and reignited interest in subscription based Cloud Communication models. Every day, enterprise executives and IT Communications .......................2 organizations hear how"the Cloud" is a revolution that is transforming their Enterprise Benefits from industry. Yet the reality is, the adoption of Cloud Communications by enterprises will be an evolution, not a revolution. Cloud Communications...........3 Though there are important differences between managed, hosted and cloud Cloud Service Provider services, the bigger story is the growing demand from enterprises interested in Benefits from Cloud working with CSPs to manage, host and deliver communication applications from the cloud. The opportunities are exciting for both the enterprises Communications........................4 interested in the benefits of Unified Communications and Collaboration Avaya - The Leader in applications and the Cloud Service Providers able to launch new communication solutions to drive new revenue streams and introduce Collaborative differentiated offers. Communications .......................4 This white paper presents the case for enterprises and CSPs to embrace The Avaya Collaborative managed, hosted and cloud communication solutions, enabling enterprise users to connect anytime, anywhere on any device by using communication and Cloud TM Solutions.......................5 collaboration applications in more intuitive and meaningful ways. The paper also presents an overview of the solutions Avaya offers to help enterprises and Why the Avaya CSPs adopt and benefit from the Cloud. Collaborative Cloud .................6 Conclusion....................................6 The Emergence of Private, Public and Hybrid Cloud Communication Solutions Learn More................................... 7 Enterprises and CSPs have started evolving their communication and collaboration solutions to introduce private, public and hybrid Cloud Communication solutions enabled by virtualized, decentralized cloud architectures. 9/11/2013 12:07 PIVI BidSync 12 State of Utah Bid JP14001 brie the conteWpt of vPex Su�scripRrdn y License rt"� rte ,�.� e Cloud � �90 services is not new, seas ci Public Cloud the V emergence of ( cloud architectures Public Cloud has redefined and Iwo CAPEX Managed Perpetual Private Cloud reignitedinterest in 6 License on4'reln€ses subscription .se Private Cloud Cloud c m rt" u n i t ion Bunt! Manage Enable Deliver models. Figure 7-The range ofC(oud Communication options for Enterprises and CSPs The evolution from on-premises Unified Communications (UC)and Contact Center (CC)applications toward Cloud Communications includes a progression in how the enterprise builds, deploys and consumes communication applications. Initially, many enterprises have focused on the introduction of private cloud solutions as a complement to their on-premises communication and collaboration applications. Whether built by the enterprise or provided as a managed service, this approach enables enterprises to gain early benefits of decentralized communication applications while maintaining a private, secure deployment. To gain the full benefits from a Cloud Communications solution, enterprises are considering the adoption of public, multi-tenant communication applications delivered as a hosted or cloud service. In most cases, the hosted or cloud communication service is delivered and billed under a subscription pay-as-you- go pricing model that enables an enterprise to match operating expenses with usage and demand. In the space between the private cloud and public cloud, hybrid cloud communication solutions are emerging. Hybrid Clouds combine on-premises, private and/or public cloud communication applications and resources to maximize existing enterprise Unified Communications, Contact Center and Video investments by complementing them with new cloud applications. Evolving to Cloud Communications For most organizations, the path to cloud communications is not a quickly decided, all-or-nothing choice. It is more than simply selecting a private or public option, and determining when and how many communication and collaboration applications to migrate. Instead, many enterprises are using both{ 7 avaggjecqfi� 9/11/2013 12:07 PM BidSync '146 2 State of Utah Bid J P1 4001 the private and public cloud - building their own private cloud for specific applications or departments while also utilizing a hosted cloud communications model for some applications in the public cloud. This creates a hybrid cloud model where resources are split between the enterprise and the CSP, and optimized for performance, cost and strategic priorities. Organizations are engaging cloud communication solutions and services gradually, often starting with managed, private outsourcing of communication applications. Reasons for this gradual and balanced approach include: • Preserving investments in on-premise equipment with depreciation life still remaining. • Unproven return on investment and quality of service skepticism by IT professionals. Before making significant investments in new applications, some organizations may choose to minimize risk by using them in the cloud. • Security concerns for sensitive data. Organizations may choose a balance of public and private cloud implementations to preserve control of intellectual property and meet data and organizational security needs. Enterprise Benefits from Cloud Communications Cloud Communications represents a significant shift in the way that enterprise IT resources are managed, operated, and consumed. Important benefits of Cloud Communications to enterprises can include: Reduced capital expenses (CapEx) Enterprises can reduce capital expense by optimizing infrastructure asset virtualization and leveraging the shared communication and collaboration resources available from hosted and cloud solutions. With these savings, enterprises can re-allocate IT resources to high-gain productivity opportunities across the department or business. Efficient operating expenses (OpEx) Cloud Communication business models typically introduce pay-as-you-go utility pricing billed on a monthly basis and treated as OpEx by the enterprise. This gives enterprises greater control over their expenses, delivering predictable monthly billing without costs for unused services. Simplified experience and management Cloud Communication solutions can establish a common, simplified overall application and infrastructure management while enabling a better, consistent experience for users and administrators. Improved flexibility Cloud Communication solutions introduce new, flexible ways for the enterprise to deploy, integrate and consume communication and collaboration services. ava�4ecy,a-6� 1�12 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid J P1 4001 Faster deployment of applications With Cloud Communications, enterprises can respond and scale quickly based on seasonality or demand fluctuations. They can also easily adopt new features for a subset of users before rolling out applications to a broader set of users. Complexity Reduction Enterprises gain a simpler environment by removing technology obsolescence concerns and receiving automatic system upgrades as changes occur and new features are developed. Cloud Service Provider Benefits from Cloud Communications By introducing hosted Cloud Communication solutions, CSPs help organizations improve business agility while optimizing budgets and resources. Enterprises can off-load the challenges of managing Bring Your Own Device (BYOD)environments, widely dispersed workforces and the shifting demands of end-customers. Cloud Communication solutions enable CSPs to evolve and augment enterprise communications with cloud-based solutions as well as provide greater interoperability by federating communications across vendors, domains and protocols. Cloud Communications benefits for CSPs include: New LIC, CC and Video revenue streams With cloud communication platforms, CSPs can quickly introduce a number of new LIC, CC and Video communication bundles to their enterprise customers. Flexible platform with scalable capacity Hosted Cloud communication platforms allow CSPs the flexibility to deliver multiple cloud communication bundles that are easy to manage as demand increases. New value added applications and services By adopting cloud communications platforms, CSPs can quickly define and deploy a broad range of new value added applications and services to their LIC, CC and Video offers, customize offers, and differentiate their cloud communication solutions. Avaya - The Leader in Collaborative Communications Avaya is a leading global provider of next-generation business solutions, providing unified communications, real-time video collaboration, contact center, networking, and related services to companies of all sizes around the world.Avaya's objective is to give people the best collaboration experience - regardless of the device, location, or media they choose. ava�4�y, � ,,12 9/11/2013 12:07 PM BidSync & �4 State of Utah Bid J P1 4001 Avaya believes innovations in technology can enable collaboration.As organizations move toward a more geographically dispersed, 24x7 workforce, they need tools that will enable users to quickly solve all of their business challenges. Seamless and effective collaboration platforms are essential to support this objective. The Avaya Collaborative Cloud TM Solutions The Avaya Collaborative Cloud— portfolio of solutions provides a strategic framework for delivering communication services and applications to enterprises and CSPs via the cloud. Providing both choice and flexibility, the Avaya Collaborative Cloud portfolio includes a variety of solutions that lets enterprises and CSPs build, manage, enable and deliver cloud communications and collaboration solutions. Enterprises can choose a private, public or hybrid cloud to support discrete services or holistic solutions. Recognizing that the adoption of cloud communication solutions by enterprises will be an evolution, not a revolution, the Avaya Collaborative Cloud portfolio is focused on enabling enterprises to evolve, augment, federate and simplify their cloud communication and collaboration applications for Unified Communications,Video Collaboration, and Contact Centers. With the Avaya Collaborative Cloud solutions enterprises and CSPs can: Evolve toward Cloud Communications and Collaboration • Offer path, pace and choice across public, private, hybrid, managed, hosted and cloud options • Manage costs and optimize investment through licensing choices • Choose from flexible business models that accommodate variable business priorities Augment on-premises enterprise applications with cloud communications • Deliver overlay Avaya cloud applications to on-premises enterprise users • Expand Avaya enterprise applications with partners'complementary cloud applications and services • Enhance and complement existing solutions with innovative communication and collaboration applications Federate cloud communications across enterprise domains • Align users across different enterprise domains, platforms and protocols • Interoperate from the enterprise to cloud applications and across clouds Simplify and enhance user experiences • Simplify and personalize user experiences • Simplify communications environments • Easily manage hosted applications and introduce new offers to enterprises ava�4ecy,a-6� �T12 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid J P1 4001 With the Avaya Why the Avaya Collaborative Cloud Based on several unique Avaya differentiators, the Avaya Collaborative Cloud Collaborative Cloud portfolio offers CSPs and enterprises a rich and compelling suite of UC and CC portfolio of solutions, solutions. With the Avaya Aura® platform at its core, the Avaya Collaborative Cloud portfolio delivers an open architecture for both hosted and private cloud enterprises can evolve solutions. to the cloud on their The Avaya Collaborative Cloud solutions enable CSPs to offer hosted UC and own path and at their CC solutions that address multiple segments without the need to manage own pace. The Avaya multiple platforms and solutions from multiple vendors.All of the hosted Unified Communications and Customer Experience Management applications Collaborative Cloud are managed by a single, centralized administration overlay. With the "pay-as- portfolio offers a you-sell" utility license pricing, CSPs pay only for licenses used by their customers, providing a cost-efficient virtualized platform for hosted UC, CC and number of flexible Video solutions.As customer needs grow, CSPs can expand their systems deployment options without significant upfront costs, giving them greater control over cash flow and expenses. Additionally,Avaya offers a full suite of professional services for private, public and across managed, outsourced, hosted or cloud deployment models and support hybrid cloud solutions, for go-to-market and joint marketing initiatives. and helps provide With the Avaya Collaborative Cloud portfolio of solutions, enterprises can evolve to the cloud on their own path and at their own pace. The Avaya investment protection Collaborative Cloud portfolio offers a number of flexible deployment options by allowing enterprises for private, public and hybrid cloud solutions, and helps provide investment protection by allowing enterprises to leverage existing endpoints as they to leverage existing migrate. Enterprises can optimize their business solutions by augmenting endpoints as they existing infrastructure with innovation applications from the Avaya cloud. The utility subscription pricing model shifts costs from capital expense to operating migrate. expense to help businesses match expenses as usage and demand scales. Finally, the Avaya Collaborative Cloud portfolio delivers a consistent and seamless user experience for enterprise users across on-premises, hosted and cloud communication applications while supporting the growing adoption of enterprise BYOD mobility options. Conclusion The emergence of cloud technologies and architectures has redefined and reignited interest in subscription based cloud communication models. While we will continue to hear how"the cloud" is a revolution, adoption of cloud communications will be an evolution. Thus, it is important to have flexible options - whether private, public or hybrid - to transition and gain the benefits of the cloud. As enterprises and CSPs evolve toward cloud communication, each will have different business and technical drivers that will result in a number of different deployment models based on their priorities, path and pace of introduction. Many enterprises and CSPs have initially focused on deploying private cloud ava�4�y, 9/11/201312:07 PM BidSync a-b �417�12 State of Utah Bid J P1 4001 solutions as a complement to their on-premises communication and existing collaboration applications. This approach enables enterprises to gain early benefits of decentralized communication applications while maintaining a private, secure deployment. Other enterprises and CSPs are considering the introduction of public, multi-tenant communication applications delivered as a hosted or cloud service. Still others are interested in the benefits of hybrid communication clouds that combine on-premises, private and/or public cloud communication applications and resources. Learn More The Avaya Collaborative Cloud portfolio is designed to help enterprises and cloud service providers evolve, augment, federate and simplify their cloud communication solutions. For more information on the Avaya Collaborative Cloud, contact your Avaya Account Manager or Avaya Authorized partner. Or visit www.avaya.colin/cloud. About Avaya Avaya is a global provider of business collaboration and communications solutions, providing unified communications, contact centers, networking and related services to companies of all sizes around the world. For more information please visit www.avaya.colin. @ 2013 Avaya Inc.All Rights Reserved. All trademarks identified by @'T',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 04/13-UC7257 avaggjecq,gb� 1,�12 9/11/2013 12:07 PM BidSync .�4 State of Utah Bid J P1 4001 Table of Contents Background Background...................................1 CIO's are constantly looking for ways to reduce cost, optimize business capability and improve customer service. Unified What is SIP?..................................1 Communication (UQ solutions are integrated technologies that are Why SIP?........................................1 capable of delivering these benefits, and Session Initiation Protocol 1. Presence..............................2 (SIP) is a foundational component for realizing these benefits. 2. "User Centricity" vs. The deployment of SIP-based UC allows a CIO to address a key "Device Bound" ................3 goal to improve communications and collaboration in the enterprise while simultaneously being cost conscious. This is a goal of many IT 3. SIP Trunking and organizations, including my group at Avaya. Delivering a Simplified Architecture.......................4 What is SIP? 4.Innovative SIP is an open signaling protocol for establishing any real-time communication Communications ..............6 session developed in the Internet Engineering Task Force (IETF) by common 5.Ease of Support .............. 7 participation from a number of vendors, including Avaya. The communication session can involve a combination of voice, video, and instant messaging and take Conclusion....................................8 place on any device that people use for communicating: laptop computer, Smartphone, cell phone, IM client, IP phone, and so on. Why SIP? Many people ask "why SIP?" From a CIO's view, the answer must begin with the benefits SIP brings to the business, which is not solely limited to the technological advantages. SIP brings a number of business advantages to an enterprise both in reducing costs and enabling exciting new communications capabilities. These business benefits include: 1. Communication Network Simplification - through consolidation of platforms with optimized dial plan and call routing 2. Centralized Management- reducing administration burden and cost 3. Business Agility-faster deployment of new/upgraded communication applications to a larger user community 4. Better Customer Service- through improved access to people and data Authored by S. True Unified Communications (LIC)- making video communications as Stephen J. Gold simple as placing a phone call, and allowing calls or conferences to be easily Avaya Senior Vice President promoted from one mode of communications to another(IM to voice;voice & Chief Information Officer to video), enabling the easy opening of"sidebar" conversations 9/11/2013 12:07 PIVI BidSync avqQ1 12 State of Utah Bid J P1 4001 All of these capabilities can be deployed using a "self-funding model" that helps ensure that the payback from the SIP investment is achieved within a short timeframe. The Avaya SIP LIC solution is delivered on Avaya Aura®Session Manager, which optimizes and centralizes control of communication sessions. This in turn is implemented in conjunction with session border controllers for security between internal and external communications, and with SIP Trunking. This is the foundation of a modern LIC deployment for supporting the following important capabilities: 1. Presence Presence, the ability to locate and determine the willingness and ability of people to communicate, is a key component that SIP brings to the enterprise. While most commonly used with instant messaging, presence can be applied to a much wider range of communications and collaboration use cases. The ability to know whether an individual is available to communicate and which method to choose is especially useful with distributed teams, since it eliminates the need to know the location of a team member. For example, if a person's presence status indicates he or she is available, one can begin with an IM session and if needed, escalate to a phone call by simply clicking on the contact's name. Further, that call can become a conference call by clicking on additional names and even move to a video conference if the presence indicator shows that both parties are video-enabled. SIP enables the easy transition of one form of media to another during a communication session. Today, we are just starting to envision other types of use cases. For instance, when the customer's presence is accounted for during customer service interactions and a "callback" action is needed, the system could determine when the customer is free and ready to interact and the best method to use to reach him or her based on the customer's preferences and history. Thus, SIP plus presence amplifies the power for proactive communication business solutions as well. Presence is a valuable feature. However some believe it to be complicated, difficult to implement and secure across the enterprise network and too dependent on vendor-to-vendor data transfer. In addition, since it is unlikely that an enterprise can rely on a single presence technology, it is critical that a CIO be able to unify the presence services from disparate vendors. This is especially true when enterprises wish to use presence-based applications to communicate with partners, customers and suppliers. ava�4�y,g� � ,12 9/11/2013 12:07 PMBidSync .f4 State of Utah Bid J P1 4001 SIP and other open, industry standards'enable Avaya Aura® Presence Services to collect, aggregate, and publish presence from and to multiple sources and clients, including those from the Avaya portfolio and other vendors' IM and presence environments. For example, interoperability is supported between Microsoft Office Communications System (OCS) and Avaya Aura Presence Services at the server/ source level, thereby tying in desktop clients using Microsoft OCS. 2. "User Centricity" vs. "Device Bound" For Avaya, "user centricity" is simply the ability to consistently use features and functions across multiple devices and networks. As a result, users avoid a key "guessing game" when they want to communicate with an individual. Most of us now have many communications devices from which to choose- the office phone, home phone, Smartphone, personal computer, tablet/iPad, etc. In addition to voice, and more recently video communications, many of these devices have the ability to text message, send/receive email and support the growing number of Social Networking applications. In this increasingly complex environment, SIP becomes the common denominator for connection and feature consistency across all endpoints. With SIP as the binding technology on the backend, users have the same features on their mobile devices as they have on the desktop to signal their presence, and ability to send and receive messages. It gives users that added flexibility to be where they need to be while still in contact with those who need it. Perhaps most importantly for the enterprise, it does so with additional security that cannot be provided by the more traditional protocol like H.323. With SIP as the underlying transport mechanism, it is easier to integrate with other platforms and applications that follow the SIP RFC. 3. SIP Trunking and Delivering a Simplified Architecture SIP Trunking provides a CIO with the opportunity to realize hard dollar savings within a short payback period. SIP Trunking is defined as the extension of an internal SIP communication network via a carrier network. Many large carriers such as AT&T, Verizon and BT offer capabilities which, when connected to an Avaya Aura SIP enterprise network, greatly expand the financial benefit of SIP. The potential cost benefit here is in the centralization of trunks and the subsequent elimination of existing trunks at every major location. In addition, these centralized trunks can be located in countries with the most favorable telecommunications rates (depending on country regulations). 9/11/2013 12:07 PIVI BidSync 46 2 State of Utah Bid J P1 4001 According to Gartner, the cost savings of SIP Trunking can be very compelling: SIP trunks can cost at least 28%less than Primary Pate Interface (PPI) trunks with comparable throughput. The aggregation of SIP trunks in the enterprise yields further cost improvements due to centralized trunking and applications, as well as economies of scale. Gartner June 2010 The benefits of SIP Trunking depend on the organization, their existing carrier agreements, the number and location of users and their specific call usage patterns. Each enterprise needs to review its own unique situation to determine its specific cost savings profile, but, when implemented well, SIP Trunking represents a significant financial opportunity. The use of a SIP trunk connection strategy may also simplify administration for the organization since SIP trunks typically use the same Internet connection profiles used for data. This eliminates installation and maintenance of BRI/PRI connections at each location. Certainly, there are a number of other factors to be considered in implementing SIP Trunking but, the trend in this direction is clear. Carriers are also continuing to expand and simplify their offerings even as they expand their capabilities globally. Using SIP, the architecture of the network shown below can be significantly simplified. In this case, an existing, large scale global network has numerous PRI's distributed among sites for PSTN connectivity. 9/11/2013 12:07 PM BidSync avag�,�%41 041412 State of Utah Bid JP14001 a�c Ai i yF 1 � iill ii TDM 1 P Trunking ori > _ -- 31'd Party PBXs Avaya B5800 Avayaa's fCS 1000 Avaya Aural Avaya Aur 1 Branch Gateway ! Communication for Survivable Manager Remote JJ �- Management Management Management Management Management Figure 7-Current Architecture(logical view) SIP VIP $! Trunks TDM SIP Trunks t r . . . BBC.. Avaya AuraO SIP System Manager SIP IP SIP SIP SIP SIP Gateway aw s e 3rd PartYPBXs Avaya AuraO Avaya CS 1000 Avaya AuraAvaya B5800 for Survivable Communication Branch Remote Manager Gateway Figure 2-Future Architecture(logical view) 9/11/2013 12:07 PM BidSync ��'14�6�2 State of Utah Bid JP14001 4. Innovative SIP enables a number of exciting new end-user features and functions. Some are based on capabilities such as session/caller ID and the ability to encompass other media types such as video.A whole host of possibilities are available to the users using both existing and next-generation endpoints. 4. M, The � i, tia The Avaya Flare®R Experience running on an Avaya Desktop Video Device is an example of a SIP endpoint that combines, voice,video, IM, email &social networking into a single communications environment for the user. Avaya web.alive—— the virtual avatar-based web conferencing application — also uses SIP to simplify the communications connectivity between users thereby allowing extremely large-scale meetings.Avaya web.alive is a great example of creating an innovative communication solution on an open standard SIP platform combining users and communication channels in a very unique way. — avag ��tj t t I 9/11/201312:07 PM BidSync "y 6 �'417�12 State of Utah Bid J P1 4001 5. Ease of Support SIP enables: a) Dial plan simplification. With Avaya Aura®R Session Manager(s)controlling media channels, dial plans can be coordinated in a central location rather than at each local site. This reduces the overhead of managing the dial plan and reduces the headcount requirement at disperse locations. b) Direct dialing to all extensions with no need to limit telephone numbers to a full 10 digits. Direct Inward Dialing numbers can also be assigned for every extension - minimizing the need for attendant (auto or manual)support. c) Number portability. If, for example, a branch office is closing or moving, it is possible to retain important direct dial numbers even if the physical location of the extension changes (e.g. using AT&T's FlexReach Service in the U.S.). With this approach the same local telephone number would remain available to users, avoiding any confusion or disruption for callers. d) Easier integration of applications and services allowing centralized communication applications that can be provided to the entire user community or to a specific subset of users regardless of their location. It no longer requires updates to every PBX in the enterprise, which helps to decrease operational costs and improves reach for those services. Conclusion From a CIO's perspective, SIP is a key enabler for a long term LIC strategy. The implementation of SIP simplifies communications, removes proprietary protocols and expands communication product features and functionality beyond the boundaries of the enterprise. Proprietary solutions can box in the enterprise - especially in communications. Communications solutions are a strategic investment that must stand the test of time,yet provide the flexibility to accommodate ongoing changes in business requirements. Because SIP is an open standard protocol, many vendors develop applications and interoperate using SIP, which makes it the smart choice for today's CIO to purchase SIP based platforms. While providing advanced communication capabilities and simplifying the communication architecture, SIP most importantly can provide hard cost savings in terms of toll and trunk/access reductions and potentially reduce support costs by eliminating complex dial plan support across large enterprises. SIP also reduces the ava�4�y4j. � 1�12 9/11/201312:07 PM BidSync � �4. State of Utah Bid J P1 4001 need for local communication expertise by centralizing overall control and delivering a communication solution which is far easier to manage with a potentially smaller team. Each enterprise should perform the analysis to understand its potential SIP savings opportunity. With SIP, the game changes for IT. New communication services based on SIP can be delivered simply with software deployed from the enterprise data center. This decreases operational cost and improves the availability of those services for the entire enterprise; no longer does deployment depend on function or location. While the LIC community and its users continue to explore the competitive advantages of SIP, we have seen that it advances business communications - bringing the enterprise, its people and its customer closer together. ava�4�y,gb 9/11/2013 12:07 PM BidSync 12 State of Utah Bid J P1 4001 @ 2011 Avaya Inc.All Rights Reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc.and are registered in the United States and other countries.All trademarks identified by @,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc.All other trademarks are the property of their respective owners.Avaya may also have trademark rights in other terms used herein. References to Avaya include the Nortel Enterprise business,which was acquired as of December 18,2009. 08/11-UC4787 ava�4�y,gb .� ,12 9/11/2013 12:07 PM BidSync �4 State of Utah Bid JP14001 Thought Leadership Report UCC and SIP Drive Savings in Cost-Conscious Enterprises September 2011 Sponsored by: Avaya, Inc. Enterprise UCC At-A-Glance In May 2011, Webtorials surveyed 136 IT managers in its subscriber base about their experiences, plans and objectives with unified communications and collaboration (UCC) applications and technology. Many of their answers indicated that the respondent base associates certain aspects of UCC closely with what they cited as their primary overall business goal: reducing costs in the enterprise. UCC software and services provide a consistent user experience across multiple IP communications applications, devices and media types using a common interface. The apps support several productivity-enhancing capabilities; for example, users can read voicemail messages by retrieving them using email and vice versa. They can also share documents with colleagues online during conference calls. And they can click to initiate dynamic audio, chat and video sessions from a range of client device types based on their colleagues' locations and availability. These are just a few applications of UCC. Most UCC services now have been expanded to run on mobile device platforms, given that smart phones and wireless tablets have quickly begun to outpace traditional wired phones, desktop computers and notebook computers. In fact, 89% of respondents identified tablets and other mobile devices as "very attractive" or "moderately attractive" as part of their UCC deployments going forward (see Figure 1). At the other end of the spectrum, integration with social media was least attractive. September 11 Page 1 9/11/2013 12:07 PM BidSync Page 1440�pf141 12 State of Utah Bid JP14001 Webt bi s Thought Leadership Report Figure 1: Mobile Devices Join UCC Environment i Tablets& Other Mobile Devices i Peer-to-peer video (e.g. Skype) High-Definition Desktop Video I ' Social Media Integration I 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Moderately Attractive 0 Very Attractive Please identify the attractiveness of these devices and applications as part of your enterprise's UC&C solution going forward. The insight gleaned from this research is based on responses from IT professionals who hold IT management, operations and supervisory positions at their companies and are either involved in purchasing IT products and services or influence such purchases. Two-thirds are in companies of 1,000 employees or more. September 2011 Page 2 9/11/2013 12:07 PM BidSync Page 1441 �pf141� 12 State of Utah Bid JP14001 Webt bi s Thought Leadership Report Key Findings An economics theme prevailed throughout the survey findings. For example: • IT's overriding business goal— even apart from UCC plans— is to reduce costs in the enterprise, according to 60% of respondents. Coming in a somewhat distant second at 41% is the desire to improve workforce productivity. • Not surprisingly, the top three business outcomes hoped for through the use of UCC also relate directly to cost(see Figure 2). They are, in descending order, creating efficiencies by integrating business processes, travel reduction and reduced total cost of ownership (TCO). Figure 2: Critical UCC Business Benefits Created efficiencies by Integrating business processes Travel reduction Reduced cost of ownership Demonstrated Improvement In core business processes Increased customer self service capabilities % 10% 20% 30% % 50% 60% Which business outcomes provided by UCC play an extremely important role in your enterprise's assessment of a successful UCC solution? • Respondents indicated a strong interest in replacing traditional telephony signaling (TDM) with Session Initiation Protocol(SIP)-based connections for cost savings and other reasons. Enterprise acceptance of SI P-based transport bodes extremely well for greater adoption of UCC solutions. Let's take a closer look at SIP. September 2011 Page 3 9/11/2013 12:07 PM BidSync Page 1442 �pf14��12 State of Utah Bid JP14001 Webt bi s Thought Leadership Report SIP Migration Drivers IT managers indicated plans for substantial migration toward SIP-based infrastructures during the next 12 months. The percentage with SIP-based IP installed now (21%) is expected to jump 16 points to 37% during the one-year time period, while TDM deployments will plummet from 54% to 36% (see Figure 3). Figure - Allocation Plans SIP-based IP Non SIP- based IP i i TDM ......................... 0% 10% 20% 30% 40% 50% 60% Current EIn12IVIonths How do you see your resources for UCC architecture being allocated now and 12 months from now? SIP acceptance is a strong driver for collaboration and its benefits. According to our survey, those users leading in SIP adoption give a great deal of thought to TCO when considering a UCC solution, indicating that they associate cost efficiencies with SIP. Why is SIP so important? SIP is a worldwide signaling standard created and supported by the Internet Engineering Task Force (RFC 3261). As such, it is the interoperability catalyst that enables widespread and advanced UCC applications. While some UCC applications have been available for several years, most have been vendor-specific and voice-oriented. SIP, however, represents a major step forward as a standard and — as its name implies — is session-oriented. SIP sessions are not limited to voice; they can be any type of session, including videoconferences and collaborative sessions. And SIP can serve as September 2011 Page 4 9/11/2013 12:07 PM BidSync Page 1443�pf141� 12 State of Utah Bid JP14001 Thought Leadership Report the "glue" among all these application types and ease integration and interoperability while reducing complexity. For example, most respondents said they found it easy to collaborate with others using voice (85%), while less than half as many (about 40%) thought Web conferencing, desktop sharing and videoconferencing were easy. SIP has the potential to alleviate those difficulties as a common signaling protocol for all types of communications. The industry's standardization around SIP is valuable in several usage scenarios, including the following: • Intra-company communications with disparate equipment from the same manufacturer • Intra-company communications with equipment from different manufacturers • Inter-company communications using equipment from any variety of manufacturers • Interconnection with a service provider (e.g., a phone company) using a packetized interface for any type of communications, as opposed to relying on TDM telephony trunks As noted, survey respondents are intensely interested in containing costs. Consequently, the implementation of SIP must have a strong business case behind it. And like all business cases, SIP's must contain both tactical and strategic benefits. Potential UCC Savings SIP standards enable greater uptake in UCC, which has the potential for significant cost savings. There are many UCC savings calculators available from various industry sources for estimating cost savings to build the tactical business case. The savings calculator available from Avaya', the sponsor of this report, for example, provides some particularly interesting insights. One version of the Avaya Product Calculator Toolkit is optimized for companies with up to 1,000 employees. In this case, users provide information about their companies' number of employees, number of sites, the percentage of employees who will use basic UCC and the percentage who will use advanced collaboration such as video. In most scenarios, the majority of the cost savings come from two sources: 1) network optimization paired with a shift to SIP trunking; and 2) travel savings from video. In a sample company with about 1,000 employees, the network savings range from about $240,000 to $270,000, depending on how many branches the company has, regardless of whether the branches are domestic or international. Source:Avaya Product Calculator Toolkit September 2011 9/11/2013 12:07 PM BidSync Page 1444�pf141 12 State of Utah Bid JP14001 Webt bi s Thought Leadership Report The savings from travel can be tremendous, but they are also highly dependent on the individual company. For instance, according to Avaya's model, this 1,000-person company could save about $500,000 to $1,000,000 per year (depending on the number of travelers and the frequency of travel) with rather modest shifts to video. Note that these fairly significant savings represent tactical cost containment only derived from reduced travel costs. They do not include the additional increased productivity potential of video used either as a standalone UCC application or in the context of other UCC applications, so the savings could possibly be much larger. When the number of enterprise employees is greater than 1,000, a different set of assumptions kicks in using the Avaya tool. The questions shift to a focus on the region(s) in which the company is located, the degree to which the company is centralized or distributed and the vertical market. As shown in the example in Figure 4, the hard tactical savings in larger companies derive from several sources. In this case, it is assumed that the company is a centralized global company with 2,500 employees and six sites. (No specific vertical market is assumed in this example.) The key takeaway is that a number of areas contribute to an overall savings of about $228,400 per year. Note that these savings do not include any travel savings realized by using video (a significant impact) or any soft strategic savings. Perhaps most remarkably, 24% can be saved in reduced system, application and network administration costs. Figure - Savings �m 7 � '- 8 0 i UCC can deliver a total estimated $228,400 savings in a global enterprise with 2,500 employees, six branches and a primarily centralized architecture. The savings come from reduced costs in the four operational areas shown. (Source: Avaya Product Calculator Toolkit) September 2011 Page 6 9/11/2013 12:07 PM BidSync Page 1445�pf141� 12 State of Utah Bid JP14001 Webt bi s Thought Leadership Report Mileage will vary, of course, depending on enterprise specifics, but regardless of the exact numbers, the underlying message is clear: UCC and by association, SIP, provide a path for tremendous cost savings and productivity increases. Other Notable Findings UCC is a highly valued area, but there is plenty of work to do to get it into the shape that enterprises will ultimately consider "mature." The following examples reflect the work- still-in-progress state of UCC: • The most important collaboration tools lack ease of use. Respondents cited collaborative tools, such as SharePoint and WebEx, as the most important components of UCC (58%). However, they admitted that such applications were not necessarily easy to use: desktop sharing was cited by just 17% as very easy to use, and even fewer, 13%, said Web conferencing was very easy to use. In fact, 30% found Web conferencing to be moderately or very difficult to deploy, and 38% found desktop sharing moderately or very difficult to deploy. • Complexity barriers to deployment remain. While efficiencies drive UCC deployment, complexities are the primary deployment barrier (see Figure 5). At the top of the list of concerns is the overall complexity associated with a growing number of applications, lack of necessary IT resources to handle them and integration with other applications. Moves to IP- based SIP are likely to alleviate at least some of these issues. - Deployments? I I 1 1 1 1 � s, Overall complexity associated with growing number of applications Lack of necessary IT resources Integration with other applications Inability to see value(ROI)to warrant investment 0% 5% 10% 15% 20% 25% 30% 35% 40% What are the most significant barriers to broader UCC deployment? September 2011 Page 7 9/11/2013 12:07 PM BidSync Page 1446�pf141� 12 State of Utah Bid JP14001 Webt bi s Thought Leadership Report • Videoconferencing is still a challenge. Videoconferencing apparently remains difficult to deploy, and it has been the least adopted component of UCC. Desktop videoconferencing fell at the bottom of respondent priority lists, showing up on just under one fourth (24%) of respondents' rankings of their most critical collaborative work tools. And though respondents found videoconferencing much more difficult to deploy than voice, nearly half the respondents (44%) do envision converging their video networks with their UCC platforms within 18 months (see Figure 6). FigureVideo, UCC NetsMerge { 4 p I r r, When do you envision converging your video network and infrastructure with the UCC network and platform in your enterprise? Summary Slashing enterprise costs is top of mind for the IT managers surveyed for this report. Many consider aspects of UCC to contribute to that goal, either indirectly via enhanced communications and information sharing or directly by the elimination of hard costs associated with new SIP solutions. Enterprises rank integration with mobile devices as a high priority while relegating social networking integration and videoconferencing applications as secondary at this point. The biggest barriers to pulling it all together are difficulty with using certain collaborative applications and the complexities associated with deploying and managing them in an integrated manner. These issues are front and center as the number of UCC applications continues to swell and the status of application interoperability is hit or miss. September 2011 Page 8 9/11/2013 12:07 PM BidSync Page 1447 .f141ja12 State of Utah Bid JP14001 Thought Leadership Report About the Sponsor— Avaya Avaya is a global leader in business communications systems. The company provides unified communications, contact centers and related services directly and through its channel partners to leading businesses and organizations around the world. Enterprises of all sizes depend on Avaya for state-of-the-art communications that improve efficiency, collaboration, customer service and competitiveness. For more information please visit vy .co About the Webtorials° Editorial/Analyst Division The Webtorials° Editorial/Analyst Division, a joint venture of industry veterans Steven Taylor and Jim Metzler, is devoted to performing in-depth analysis and research in focused areas such as Metro Ethernet and MPLS, as well as in areas that cross the traditional functional boundaries of IT, such as Unified Communications and Application Delivery. The Editorial/Analyst Division's focus is on providing actionable insight through custom research with a forward-looking viewpoint. Through reports that examine industry dynamics from both a demand and a supply perspective, the firm educates the marketplace both on emerging trends and the role that IT products, services and processes play in responding to those trends. For more information and for additional Webtorials° Editorial/Analyst Division products, please contact Jim Metzler at iimawebtorials.com or Steven Taylor at tylor ebtorils.co . This report was prepared by Steven Taylor, Webtorials Co-Founder; Leslie Barteaux, Webtorials Senior Analyst/Editor; and Joanie Wexler, Independent Analyst and Webtorials Chief Content Officer. September 2011 Page 9/11/2013 12:07 PM BidSync Page 1448�ry4�JT12 State of Utah Bid JP14001 AVAYA n d o(: 3Q The Power of We'" - - Sochi 2014 Olympic Winter Avaya has been named by the Sochi 2014 -� - Organising Committee as the Official Supplier of Network Equipment for the Sochi 2014 _ Winter Games. - - As the Official Supplier of Network support the Games:`Bolshoy'Ice Dome, Equipment to the Sochi 2014 Winter `Fisht'Olympic Stadium,`Ice Cube' Games,Avaya is providing network, Curling Center,Sliding Center`Sanki', collaboration and communications `Laura'Cross-country Ski and Biathlon equipment.Avaya's network will complex and many others. provide a full communications _ experience to athletes,dignitaries, In addition,specially created`Live Sites' sponsors and fans worldwide;raising are being built in cities across Russia, the benchmark set by previous Games transmitting live feeds of events as they _ by delivering the first"Fabric Enabled" unfold to Olympic fans. _ network that will enable anytime, anywhere access to content Massive data demands from any device. requirex " _ Organisers expect more than 75,000 The organisers expect the use of video visitors each day to the Olympic Park streaming on mobile and tablet to make and more than three billion television a breakthrough at Sochi 2014.IPTV, audiences around the globe. tablets and smartphones will place unprecedented demands on the network. The Sochi 2014 Winter Game events will take place in two`clusters': Critical to the success of the Games will mountain cluster and coastal cluster. be a secure,robust network.It will need A host of new venues are being built to to be capable of carrying vast amounts BidSync avay P-0,499 171; State of Utah Bid J P1 4001 of data while identifying(and granting site,much of the technology will start game changing products to meet these access to)a huge range of different from scratch,rather than being overlaid key demands. user groups. on existing infrastructure. The Avaya solution uses Avaya Virtual The network will need to provide The solution must strike a balance Enterprise Network Architecture at its seamless connectivity across all between using the latest technology core.Running off the Avaya Virtual venues.It must provision additional and allowing adequate time for testing. Services Platform 9000 an advanced capacity quickly and simply,handling The design for the network was finalised hardware platform that delivers the huge peaks in data traffic as audience in 2010,well ahead of the Games,with highest levels of performance, figures spike with the flagship events. testing events already well underway. scalability,and reliability,Sochi 2014 Every venue will host at least one world have a solid base to build out the rest Media,athletes and coaches will be able championship event prior to the Games. of the network. to tap into 30 IPTV channels across the Ninety days before the start of the Avaya network infrastructure.This Games there will be the first of two Additionally,Sochi 2014 will be the means a sports journalist watching the complete technical dress rehearsals, first`Fabric Enabled'Games and will figure skating live in the Bolshoy dome with faults induced and business leverage Avaya's leading Fabric can also watch the downhill skiing on continuity plans fully stress tested. Connect technology in order to simplify HID TV.Press photographers will have the design,deployment and instant upload access to thousands of A virtualised solution management of the end to end photos from wireless enabled cameras, network.Avaya VENA Fabric Connect, from the moment an athlete crosses The Sochi 2014 Winter Games are based on Shortest Path Bridging(SPB) the finish line. unique in that this will be the first —a protocol based on IEEE and I ETF Games where network access will be standards that Avaya is pioneering Trusted partnerships largely wireless rather than wired.The within its Virtual Enterprise Network vast majority of the networks users Architecture—simplifies network With the eyes of the world watching, arrive just as the Games are beginning complexity by eliminating the need to and no room to manoeuvre on and are effectively"guests"for 18 days. configure multiple points throughout deadlines,the Sochi Organising Committee held a tender,seeking a partner with previous experience of Winter Games.In addition,it wanted a vendor that could deliver a communications network to deliver increased efficiency,resiliency and sustainability. Avaya has a long history of partnering with the Olympic Games movement, and has helped evolve and innovate the hosting,operations and fan experience for many years.In 2010 it built the model for the first all IP converged voice,data and video network solution,which is the With no ability to train users or to the network.The simple end-point standard at the Games today. control what devices they bring,results provisioning is done where the in it being the largest guest network of application meets the network,while As the Olympics have evolved,Sochi its kind,and a true Bring Your Own all points in between are automatically will be much leaner than previous Device(BYOD)environment.Guests provisioned through a robust link state Games.There is a greater reliance on will expect world class connectivity to protocol.The ability to transparently partner organisations,and a need for match a world class event.Accordingly, extend Layer 2 and/or Layer 3 domains a network that is simple to deploy and Avaya and OCOG are supplying a across a virtual backbone with virtually operate.With Sochi a largely Greenfield comprehensive solution delivering 12 � avaya.com 9/11/2 13 12:07 PM BidSync Page 14,1-59491171: State of Utah Bid J P1 4001 no effort and no risk enables the Sochi protect bandwidth and prevent security With communications being a critical Organising Committee to be able to breaches.The Avaya Identity Engines component of Sochi 2014 Winter switch on new services or adjust will be used to assign network access Games,the Avaya solution will play a network capacity during spikes in rights and permissions based crucial role in ensuring the success of network demand,say,the Men's Ice on a user's credentials and role(media, the event.It enables the media, Hockey final or downhill skiing gold athlete,IOC official),where they athletes,officials,Olympic and medal run. connect from(Olympic village, Paralympic family,workforce and competition venues,etc.),and how they volunteers to communicate from Avaya VENA Fabric Connect provides a connect(e.g.wireless,wired). anywhere at any time on any device. single robust protocol for all network services,eliminating the complexity associated with traditional network designs which are based on interactions between multiple Layer 2 and Layer 3 protocols.With support for integrated and scalable multicast,High Definition IPTV video will be distributed to each of the broadcasters and to locations in and around Sochi over the fabric enabled backbone with much greater simplicity than in the past.This streamlined network environment helps the Sochi organising committee increase IT efficiency. Additionally,within the virtualised Learn More network environment,different Credentials can range from certificates network zones can easily be created. pre-installed in Organising Committee's There will be a secure zones for voice devices to IOC smartphones to Captive For more information,contact your communications,Enterprise or Admin Portal log ons for press and Avaya Account Manager or a member applications,and IPTV,as well as for broadcasters.Users will then be placed of the Avaya Connect channel partner the highly critical Games network securely into the proper virtualised program,or access other collaterals which provides instantaneous event network with the predetermined level by visiting www.avaya.com results and tracking for all of the of service. and www.avaya.ru/sochi2014 Games competitions. To aid connectivity there will be Avaya Aura'will be deployed for extensive indoor and outdoor WiFi reliable communications.Avaya Aura' throughout both the Mountain and provides a common architecture and Coastal clusters.This will be enabled common management for all kinds of by the introduction of the Wireless communications—including voice,and LAN 8100 Series a highly scalable, video,to enable anytime,anywhere real-time optimised and secure wireless collaboration ensuring that athletes can networking solution incorporating the stay in close connect with their coaches latest 802.11n wireless standard.The and their families during such a pivotal WLAN 8100 Series features a unique time in their careers. unified wired/wireless architecture, which will enable Sochi 2014 to With the advent of BYOD the organising achieve high productivity and committee realised that to guarantee operational efficiency. quality of service it is necessary to assign certain devices and certain users to specific service classes.This will 9/11/201312:07 PIVI BidSync avayaF�a-�p 4�f494171: I"Cit�lrt{��Y ts t t ii tr i State of Utah Bid JP14001 t Avaya Aural" Avaya Virtual Enterprise Network Architecture Avaya VENA Fabric Connect capability Avaya Virtual Services Platform 9000 Ethernet Routing Switch',5000 Ethernet Routing Switch4000' Avaya Wireless LAN 8100 Series Avaya Identity Engines m m E ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by�','",or SM are registered marks,trademarks,and service marks,respectively, of Avaya Inc. D N 7191 BidSync Page 14P5�491 171; -L 1 I1 �( State of Utah Bid JP14001 ttttttt.... ......lr�U�UrU�U�U�U�U U�lr sl tttttttttttttttttttttittttttttStttittt?"; E& Franciscan AVAYA ALLIANCE The Power of We T1 Franciscan Alliance & Fabric Connect: Redefining the Delivery of Healthcare Services Avaya VENA Fabric Connect brings bandwidth, resiliency to support growing application roadmap r For healthcare organizations today, the Franciscan Alliance operates 13 challenges of doing more with less have hospitals and more than 170 medical never been greeter- and the burden practices across Indiana, Illinois and largely fells on IS teems. Michigan. More and more, the organization is relying on technology to "What we're facing as an industry and an simultaneously enhance care services organization we've never seen before," and reduce the cost of provisioning. The said Glenn Berryman, Director network supports 34,000 users and Infrastructure& Operations, Franciscan business-critical applications such as Alliance Information Services, one of the electronic medical records, imaging, largest faith-based health systems in the labs and VoIP communications. Midwest. "It's really an evolution of healthcare centered on the triple aim of Previously, deploying new applications improving the quality of care, involving and innovations to achieve its objectives patients and families more, and reducing took an increasing toll on the company's the cost of providing care." network. Franciscan just didn't have the bandwidth it needed to support an application roadmap and keep essential systems running reliably. BidSync � '14�6 12 State of Utah Bid J P1 4001 "We're embarking on a journey boost the reliability, manageability "We were very cautious because we to increase quality and and bandwidth of the network. Fabric couldn't afford downtime,"Bolt said. decrease cost, and our entire Connect and SPB ensures that traffic "But we completed the migration with infrastructure needs to serve always takes the path with the least zero downtime. It was a non-event. latency and highest bandwidth, Nobody even noticed. Implementation all the challenges that come optimizing application performance. of the new Fabric Connect network along with that. This Avaya was really easy. In comparison to networkprovides us the Prior to companywide deployment, putting in your WAN for the first time, flexibility and reliability to Franciscan's IS team put the Avaya it was a breeze." support the needs of our network to the test. Working with Avaya and their partner, Integration Cable credits the teamwork among rapidly evolving organization. Partners, the team built a small Franciscan Alliance, Integration We can speed delivery of network with several links. Partners and Avaya for the seamless medical images and other cutover. "The team had members important high-bandwidth "In testing the Avaya Fabric Connect, from three orclanizations, but we truly documents. Plus, we started unplugging links and never saw it as one team, all working dropped a single connection," said together to make this a success," implementations occur Rick Bolt, Network Engineer, he said. quickly, which is essential to as Franciscan Alliance Information hospital's smooth operation. Services. "With the multiple links, Avaya helped us lay out as Fabric Connect was the perfect Enabling Disaster vision, and it worked better solution for our design." Recovery than expected." "My advice to individuals who are With Fabric Connect, Franciscan evaluating fabric technologies is to Alliance established the stable -Glenn Berryman, foundation it needs to support Director Infrastructure&Operations, see Avaya's Fabric in the lab,"Bolt Franciscan Alliance Information Services added. "/am a skeptical person, but uptime, security and increasing once you see ityou're going to want application traffic. For security, the to implement iL company has the flexibility to cordon "When we needed to add new the network with zones to segment features, applications or technologies, Zero-Downtime medical devices, for example. it was difficult or impossible to do that The move to Fabric Connect gives the with our old network," said Scott Deployment company a more stable and resilient Cable, Communications Manager, Actual deployment of the Fabric network. Previously, in certain circuit Franciscan Alliance Information Connect network was just as painless. failure scenarios, some backup Services. Integration Partners sat down with network links risked becoming heavily the IS team to design a migration saturated with traffic, risking an Boosting Bandwidth, plan. impact on network performance. Reliability with Shortest The team rolled the new network out Fabric Connect eliminates such Path Bridging at a rate of about two sites per week saturation scenarios, making Franciscan Alliance replaced a across 16 locations, including 13 individual circuit outages largely resilient ring-based OC-12 topology, hospitals, two data centers and imperceptible to end users. with Avaya's Virtual Enterprise administrative offices. Each location "The additional capacity of the Network Architecture (VENA) Fabric now has an OC-48 connection. network allowed us to build a second Connect, based on an enhanced Crucially, Franciscan Alliance didn't data center for disaster recovery, implementation of the IEEE's Shortest miss a single second of connectivity which we wouldn't be able to bring Path Bridging (SPB)technology to during the cutovers. online otherwise,"Cable said. 2 � avaya.com 9/11/2 13 12:07 PM BidSync Page 1454 p 1 12 .�4 State of Utah Bid JP14001 Freeing urs The Fabric Connect network is simpler and easier to change when r, Physical Logical Loop needed. The technology eliminates I I -OnidlrectionatActive/Backup the need for redundant, overlapping protocols, reducing network complexity and the amount of time to I wilier Pa . t I Ing Northern Area .01 provision new services. .��. ,,. Care and feeding of the network has w Data nter changed dramatically for the IS team. Previously, deploying new services Southeast and applications at one location Avaya Fabric Connect Central Indiana Area 0- brought down all 16. Now, changes don't impact connectivity.And i Y connecting physicians' offices or ,.: i Physical Loop,Logical Any-to-Any other sites is simply a matter of l l Bidirectional Active/Active adding a node on the WAN. „The stability of the network saves us from a lot of late night calls and frees up resources that were dedicated to just beeping the lights on before," Greatest Cable said. Previously, circuit outages caused performance slowdowns that were Framework for r_ noticeable to business users. Now, however, fast failover makes circuit failures invisible to end users. Cost Technologies The simpler, higher-capacity network "The resiliency of the Avaya's Fabric Connect is its biggest value. We recently helps Franciscan Alliance keep costs lost an OC-48 at one of my locations due to a Service Provider failure,"Bolt down. The IS team spends less time said. "When/got the alert, l traced the route and it was already taking the troubleshooting network issues and redundant path. Not a single call was dropped and no one even noticed the more time focused on deploying outage. The reconvergence ofAvaya's solution is lightning fast." applications that will move the That reliability gives Franciscan Alliance the confidence to move forward with organization forward. more ambitious goals, including virtual desktop integration for 12,000 seats, "From an information services voice consolidation, emerging clinical applications, remote monitoring and standpoint, a lower-maintenance bringing physicians'offices onto the network. It also gives the company the network allows us to support the flexibility of multi-tenancy as needed. evolution of our IT without adding as many staffing resources,"Berryman said. The network also reduces hardware "My advice to individuals who are evaluating fabric: technologies and configuration needs, further is to see Avaya's Fabric: in the lab. I yam a skeptical person, but driving affordability. Moreover, it Once you see it you're going to went to implement it." supports Franciscan Alliance in deploying applications that are more -Rick Bolt, Network Engineer, Franciscan Alliance Information Services cost efficient, such as telehealth - delivering care virtually via telecommunications. . 11 12 9/11/2013 12:07 PM BidSync State of Utah Bid JP14001 s,,t spa spa spas5a spa spa sp�s�a spa spa s'a s ✓ I "We're embarking on a journey to increase quality and decrease cost, and our entire infrastructure needs to serve all the challenges that come along with that," Berryman said. "The Avaya network provides us the flexibility and reliability to support the needs of our rapidly evolving organization. We can speed delivery of medical images and other important high-bandwidth documents. Plus, implementations occur quickly, which is essential to a hospital's smooth operation. Avaya helped us lay out a vision, and it worked better than expected." Learn More For more information, contact your Avaya Account Manager or a member of the Avaya Connect channel partner program, or access other collaterals by clicking on Resource Library at www.avaya.com. ABOUT FRANCISCAN For more than 135 years, Franciscan Alliance has stayed true to its founding mission to care for everyone who comes through its doors.A trusted leader in providing faith-based, integrated health care, Franciscan Alliance brings together the latest technology, innovative procedures and the brightest, most compassionate people � to serve patients in Indiana, Illinois and Michigan. Throughout 13 hospitals and 170 medical practices, the organization has a number of nationally recognized Centers u W of Health Care Excellence. ©2013 Avaya Inc.All Rights Reserved. All trademarks identified by®,'°',or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 05/13•DN7270 BidSync Page 1456�pf141� 12 V,W II I tai jF State of Utah Bid JP14001 AVAYA MACQUARI E The Power of We UNIVERSITY SYDNEY AUSTRALIA Macquarie University a a improves student services with fast network w Avaya network enables students to work more effectively from any location with any device at any time. Company Profile The success of this strategy has been Macquarie University is an Australian confirmed by the Australian university located within the Macquarie Government's evaluations,with five Park high-technology corridor north research areas rated `five out of five', west of Sydney.The university indicating performance that is well above world standard. comprises four faculties,with about 37,000 students and 2,468 academic and professional staff. It was recently Since 2010, Macquarie University has named Australia's highest ranking invested heavily in facilities and university less than 50 years of age by infrastructure, building the most QS and Times Higher Education. technologically advanced hospital in the country and establishing the Australian School of Advanced Medicine.The Macquarie University's emergence as an international institution despite its short university has built a state-of-the-art history is partly due to its investment in library featuring the only robotic research excellence. storage and retrieval system in the southern hemisphere. avaya.com BidSync p.1500 Page 1457 of 1712 State mUtah Bid P1 4001 "The network is resilient Macquarie University ioallowing distribution and wireless local area otudentotobringtheirmwndevioeo- network(VVL4N)access.The new and fast enough to running Microsoft Windows, MaoOS, infrastructure enables Macquarie support our students iOSand Android operating systems- University to introduce virtual local to lectures and tutorials.Students area network(VL4N)services and calling their parents typically use between two and three endpoints oneach ofits segmented from the shade of wireless devices. networks without having tomake changes atthe core ofits network. tree in the courtyard." 4oaresult,the university needed This makes the network more flexible, —Peter Hole more network bandwidth tosupport robust and less expensive tooperate. Manager,Implementation students who complete and submit Macquarie University work online,download course Macquarie University increased the information,stream lectures athome distribution layer trunk bandwidth to |talso created the Australian Hearing using their broadband connection,or each campus building from Gigabit Hub to bring the nation's hearing work outside the lecture room. Ethernet(IGE)to 10 Gigabit Ethernet research and treatment agencies (IOGE)network speed.This will help together onthe campus. "Students are demanding access to |tdeal with expected bandwidth information around the clock and demand created bythe uptake of Macquarie University is well known some of this data is quite bandwidth- mobile devioeo,multicast video for innovative industry partnerships intensive,for example,ifthey are streaming and remote lecture that benefit its students. |twas the listening to lecture remote|u''said applications. first Australian university topartner Peter Hole, Manager, Implementation, with Google toprovide all students, Macquarie University."About 7O%of Macquarie University has around 5O staff and alumni with free Gmai| our lectures are captured aoaudio buildings across the campus and its accounts.The university ioalso with presentation material attached, servers are being virtua|izedand offering students a prepaid which has increased our bandwidth migrated toIOGEconnections.4oa Maoteroard(�)touse oncampus or requiremento." result,ithas deployed core network online,following anagreement with switches that support very high lOGE the Commonwealth Bank. port density. Solution Driven by desire for re|iabi|itThe univemityuses AxayaVirtual 8 Challenge business continuity and throughput, Services Platform(VSPAOOO) Macquarie University has grown its Macquarie Universityswitches,which provide high-density student numbers over several years m virtual network fabric featurg IOGElayer 2and layer 3switching while increasing the flexibility ofits Axaya'oVirtua| Enterprise Network capabilities,each able tosupport up teaching delivery methods toprovide Architecture(vEwA).This provides to240ports. |talso deployed several more choices for students. application-based network 4vayaEthernet Routing Switches virtua|ioation.which ensures each (aa00.ss00and 4s00mode|Wto These changes have resulted in longer network application receives the run the latest VENA-ready switch operational hours, more night classes appropriate'quality ofservice'across code and support IOGElinks into the VSPAOOOswitches.The virtual and athird semester that runs over the campus.These applications network fabric connects the the summer break. include active-active data centres, voice systems,campus video university's network to data centres in 21 avaya.com 9n1o201312:07PM BidSync n.1501 State mUtah Bid P1 4001 Rydeand Ultimo.This provides a new areas ofthe university.The environmental footprint ofthe network that can continue operating increased network speed has university's data centres. |fthe after ahardware orsoftware failure or supported explosive growth inVViFi- university selected another network natural disaster. enabled devices. equipment supplier toset upthe same network over the next five "We chose Axayaproducts because "Students have VViFiaccess when years, itwould: they fit easily into our current they step off the train atMacquarie environment.''said Hole."The split University train station,when they are ~ use about 8million kilowatts ofextra multi-link trunking functionality inclassrooms oroutside sitting under energy(the Axayaswitches use upto between Axayathat assists with load agum tree.'' hesaid. 3S%less power than competing balancing,aowell aothe first-class products,according toindependent support,advice and information Noapplication restrictions w|eroomteotW provided bythe Axayaengineering One team also mf|uencedour deo|o|on.'' ~emit over 7,000metric tons more that the university does not need to co,into the atmosphere place restrictions on what students According to*o|e,the test labs at oanacce000nthenemvork. indudin� Axaya'oheadquarteminSydney were ~generate almost 3O.00Omillion bandwidth-hungry applications ke�todeve|opm�thenemvork� extra units ofheat over five years. craved by Generation vsuch aoskvpe orFaceumefor the|Pad This is "First-rate engineers helped us every beneficial to a university with a high More offsite facilities step ofthe way,testing designs and number ofoverseas students. The speed and reliability ofthe ensuring that they would bepractical network ioaUowingthe univemityto in the real world," Hole said. "The network|oresilient and fast offer more facilities tooffsite enough tosupport our students students,such aoits recently calling their parents overseas from |aunohediLab-anewapproaohto Results the shade ofatree inthe oourtyard.^ university computer laboratories.This Improved network speed said Hole.^|t'ocommon tosee many enables students touse many ofthe network-connected laptops and Microsoft Windows and Mac The Axayasolution has helped tablets open inthe courtyard. applications they require in their Macquarie University increase courses from anywhere in the world network speed across the campus. "Our students can beconnected to onmost PCs and mobile devices. Some ofthe university's older their peemaosoon aothey step on bui|din�onowhavelOOtimeothe network throughput they had campus and can stay incontact with previously and students don't their families and friends onthe other Learn More side ofthe wor|d." experience delays onbusy days or For more information onhow 4vaya when they download large files. can take your enterprise from where Support for a 'green' campus |t|otowhere|tneeds tobe,contact While the university has long offered Implementing the new hardware also your AxayaAccount Manager ora aubiquitous VViFinetwork for helps achieve the university's long- member ofthe AxayaConnect students and staff,the backhaul term strategy tooffer a 'green channel partner program,oraccess speed ofthe Axayasolution campus'.The solution iomore energy- other collateral byclicking on introduces network connectivity into efficient,which helps reduce the Resource Library atavavay.avaya.smm vaya.com | 3 9n1o201312:07PIVI BidSync n.1502 11�tYt ( y> 11 1 �i iii 1s t 511 �i - �+ tV1, State Of Utah Bid JP14001 s s � aj v Applications Systems Services Avaya Virtual All design and Enterprise Network implementation Architecture services provided by Avaya. Avaya Virtual Services Platform 9000 Avaya Ethernet Routing Switch 8800 Avaya Ethernet Routing Switch 5500 Avaya Ethernet Routing Switch 4500 ABOUT IE UNIVERSITY Macquarie University is an Australian university located within the Macquarie Park high-technology corridor, north west of Sydney.The university comprises four faculties,with about 37,000 students and 2,468 academic and professional staff. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,"',or—are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 06/12. BidSync p.1503 Page 1460 of 1712 f t r tt is t tarif t t it �}rt I f�t�i r s tt) sig t# State of Utah Bid JP14001 OTEMPLE Temple University AVAYA UNIVERSITY® Health System The Power of We- Temple University and Temple - - University Health System � - I, � t � g kkkk f 1 til � s > w. Leveraging Avaya Networking solutions for - high performance, outstanding reliability, and future growth Philadelphia, Pennsylvania—When Temple University and Temple University Health System joined forces to develop a new joint data - center, they chose the Avaya Virtual Services Platform (VSP) - - - 9000 and Avaya Ethernet Routing Switch 5520s and 5650s. - According to project leads Adam Ferrero, Executive Director of Network Services, and Mike Taylor, Assistant Vice President of Telecommunications, the success of data processing and - communications for the university and Health System, both today - and in the future, depends on the strength of the network. `# Ferrero states, "The network is so we could build to handle the huge critical, we think of it as a basic utility. if number of applications required by our it were to go down, most things would many education and healthcare facilities. - simply stop—from student registration Throughout the process of developing - and research, to radiology, and many our network for the future,Avaya has other critical aspects of patient care— partnered closely with us to make sure and the results would be dire.So we that each step we take works out well." needed the best, most efficient system BidSV e 1 �isb�12 ync State of Utah Bid J P1 4001 "Avaya VSP 90005 in OUr The transformational choices that several vendors. Key considerations core give LAS 10 to 20 times Temple University and Temple of reliability, performance, and cost University Health System have made ultimately led them to Avaya. They the capacity Of OUr older over the past few years began when decided to purchase the Avaya VSP environment. The price- the aging building that housed the 9000 for the core of their network and-performance profile of Health System's data center was and Avaya Ethernet Routing Switch scheduled for demolition. The SS20s for the edge. the Avaya Switches was university decided to contract with an clearly SLAperior to engineering firm that specializes in Taylor comments, 'Avaya VSP 9000s data centers. The firm was tasked in our core give us 70 to 20 times the anything we saw among with designing a high-performance capacity of our older environment. the competition. Overall, data center to meet extremely The price-and-performance profile of the total cost of ownership demanding healthcare, education, the Avaya Switches was clearly and research requirements on superior to anything we saw among proposition from Avaya bandwidth, network availability, the competition. Overall, the total cost was very pow erfLAl." cooling, and power usage. It became of ownership proposition from Avaya clear to the IT teams for both was very powerful." "We've not seen anything in organizations that co-locating and At the edge of the network, the terms of bandwidth from sharing one combined data center Temple IT team set out an ambitious the StUdent lab and from would result in cost savings for the plan to swap in over 2,000 Ethernet healthcare organization and access to Routing Switch SS20s across the new medical apps that we a world-class data center and campus. These Avaya Switches haven't been able to network for the university. support convenient and cost-effective handle. OUr Avaya network The project team was looking to Power-over-Ethernet (PoE) is extremely resilient and handle not only the current technology that eliminates separate bandwidth load at higher levels of AC power supplies for any PoE flexible. I think we're on the reliability and lower power usage, but devices connecting to the network. leading edge of what a also to take on future bandwidth "In the plans for our new data center and a server requirements. "Our focus was on 72,000-square-foot center, we worked environment shOLAId be. maximizing uptime, minimizing out two completely separate power downtime;in short, achieving an buses feeding each cabinet in the And we're definitely extremely high level of reliability, room,"Taylor explains. "To keep the SLApporting the growing Taylor explains. "This is necessary Switches cool, we have quite an trend toward CIOLid-based because the number of applications impressive chilled water plant. It was that we are asked to support on both also important to find Ethernet applications." the healthcare side and the academic Switches that could produce less heat — Mike Taylor, side continually grows, and we have to and consume less power. Driving all of Assistant Vice President of be ready and agile to support that this was the fact that we needed an Telecommunications gro wth. improved Switching core that could support our 70 Gbps uplinks." "Clearly superior" The flexible Avaya architecture made pricing and it possible for the Temple IT team to performance make a major cost-saving plan In deciding on the switching modification midstream—changing to infrastructure, Taylor, Ferrero, and an all-fiber distribution. "Being able to their teams reviewed proposals from make this decision well into the 2 avaya.com 9/11/2 13 12:07 PM BidSync Page 1462 pf51�1 2 State of Utah Bid J P1 4001 project was a major advantage for us. network. Temple's VSP 9000s are network. It recently built a student We estimate that it saved us about connected by multilink trunks so that technology center—one of the largest $7 112 to$2 million in installation if either one in the Cluster fails, the in the United States—with 700 costs,"Taylor comments. other will take over and handle the full computers that are based on a Cloud load. model, which puts ever-increasing Reliable and demands on the network. Moreover, the Avaya VSP 9000 is also cost-effective resilient when it comes time for "We've not seen anything in terms of high-performance routine maintenance. "We can make bandwidth from the student lab and Switching in-service updates to our VSP 9000s from new medical apps that we Consolidating the medical and without affecting applications," haven't been able to handle,"Taylor academic computing in a single data observes Ferrero. "It's all pretty emphasizes. "OurAvaya network is center gave Temple a unique seamless, and our users are extremely resilient and flexible. opportunity to save on infrastructure completely unaware. The bottom line I think we're on the leading edge of costs. is that our uptime and reliability what a data center and a server numbers are now higher." environment should be.And we're Taylor explains, "Not having to definitely supporting the growing support two data centers reduced In summing up the Avaya Switches, trend towards Cloud-based both up-front costs and ongoing Timothy O'Rourke, Temple University applications." maintenance. We are able to save a lot Chief Information Officer(CIO), notes: of money by depending on the VSP "We have redundantAvaya VSP "in testing the resiliency of 9000 to have the Switching capacity 9000s that actively work together. If to handle all the traffic hitting our one goes down, the other one can the VSP, no matter what we network, which is really central to the carry the full load without any impact 'threw' at it, we COLAId not design of our data center." to our users. We can take a whole slow the CPU on the series of these core Switches down, In its initial testing of the powerful run updates on them, and reboot chassis. The management VSP 9000s, the Temple IT team tried them. This allows us to upgrade to 'break'the 9000s by flooding them Unction without having to bring the network fUnction, the base f with packets, but without success. down. Without this redundancy, trying of the VSP 9000 chassis, is Ferrero reports, "In testing the to update a busy university network protected in hardware. resiliency of the VSP, no matter what such as Temple's—serving 39,000 That's OLAtstanding!" we 'threw'at it, we could not slow the students and four affiliated hospitals— CPU on the chassis. The management is like trying to perform a heart "We can make in-service function, the base function of the VSP transplant on someone who is running 9000 chassis, is protected in a marathon." Updates to OUr VSP 90000 hardware. That's outstanding!" withOLAt affecting The Avaya VSP 9000 is architected to Energy-efficient, applications. It's all pretty support up to 27 terabits per second future-proof network seamless, and OUr Users are of total traffic with its unique Network with outstanding completely Unaware. The Processing Unit technology. In the Avaya support Avaya approach, large-scale CPU With the Avaya core in place, the bottom line is that OUr arrays efficiently examine and Temple IT team was confident that it LAptime and reliability manipulate packet headers at 10 Gbps had a network switching capacity to nUmbers are now higher." line rates. accommodate any new applications —adorn Ferrero, Temple also takes advantage of going forward. Temple University is Executive Director of Network Services Avaya's pioneering Switch Clustering using "thinner," Web-based software technology to enable an always-on that is entirely dependent on the 9/11/2013 12:07 PM BidSync 2 State of Utah Bid JP14001 � 1 tp 14 71{.ail Stir t tp7 tp7 t,l 1�,t»1 f17 tp7 tS}tp7 til ti 7r t47 t1,� Along with reliability, energy efficiency has become an important consideration for data centers, especially with the current focus on greener computing. "When we were going through the bid process,power efficiency and energy savings were very critical,"Taylor recalls. "We're trying to be as green as we can, and with the Avaya Switches we calculated substantial savings compared to other vendors." The Temple IT team plans to continue to leverage the relationship with Avaya, and especially the outstanding support it's received from the VSP team. ;Avaya's VSP engineers have the right can-do approach. The firmware upgrades we received from them have been incredibly easy to install and have made the product better and better,"Ferrero says. "Beyond that, as customers, we feel that Avaya just always does the right thing by us, and that type of relationship is important to achieving our goals." Learn Morem For more information, contact your Avaya Account Manager or a member of the Avaya Connect channel partner program, or access other collaterals by clicking on Resource Library at www.avaya.com. Statements in this case study were made by Mike Taylor,Assistant Vice President of Telecommunications; Adam Ferrero,Executive Director of Network Services;and Timothy O'Rourke,Chief Information Officer. 4I Avaya Virtual Services Platform 9000 • Avaya Ethernet Routing Switch 5520 ABOUT TEMPLE UNIVERSITY Founded in 1884 by Dr. Russell Conwell, Temple College became Temple University in 1907 and has evolved into a comprehensive urban research and academic - institution. The University's 39,000 students can choose from 9 campuses and 333 academic degree programs. For more information, please visit www.temple.edu. ® ABOUT TEMPLE UNIVERSITY Temple University Health System consists of Temple University Hospital (TUH); � TUH-Episcopal Campus;TUH-Northeastern Campus; Fox Chase Cancer Center; Jeanes Hospital; Temple Transport Team; and Temple Physicians, Inc., a network of community-based specialty and primary-care physician practices. For more information, please visit www.templehealth.org. ©2012 Avaya Inc.All Rights Reserved. All trademarks identified by®,"",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 11/12•DN7153 BidSync Page 14641pf 51 12 Ah Alk Summary Interop has chosen Avaya networking technology and equipment to power InteropNet 20139 one of the world's largest temporary networks and the premier example of how to deliver a multi-vendor, converged network. Avaya Virtual Enterprise Network Architecture (VENA) Fabric Connect technology, that dramatically simplifies network design, deployment and management, will be used to build this end-to-end fabric network. InteropNet will include the Avaya Virtual Services Platform 9000, the Ethernet Routing Switch 8800, the Ethernet Routing Switch 4800 and the newly announced VSP 4000. Encompassing an end-to-end fabric that extends from Core to Access and that integrates scalable Layer 29 Layer 3 and IP Multicast services, this network will be a true showcase for Avaya networking innovations. Avaya technology included in InteropNet 2013 and the benefits it provides are highlighted in the Q&A that follows: What is Avaya VENA Fabric Connect,? , Allows unrestricted vMotion by extending L2 services within and between Data Centers Avaya VENA Fabric Connect extends from Data Center to desktop to transform the entire network into a more agile - Optimizes routing and multicast without IGPs, PIM or network that is easier to configure, manage and maintain.A MPLS-based protocols standards-based fabric technology based on IEEE 802.1aq Shortest Path Bridging and IETF 6329, Avaya VENA Fabric What is the role of Avaya VENA Fabric Connect delivers the industry's most comprehensive array of network services, including Layer 2 and Layer 3 Connect in lnteropNet.,? virtualization with optimized routing and now, IP multicast Providing the foundation for the InteropNet 2013 support. environment,Avaya VENA Fabric Connect has two vital roles: (1) through the Interop show floor network, it will Avaya VENA Fabric Connect allows customers to gradually deliver universal Internet access, connectivity and selected phase out multiple complex legacy technologies and, booth-to-booth connectivity for event sponsors, and (2) instead, to enable all services through a single, next- through the off-show network, it will provide connectivity generation technology. Services can be deployed using for keynotes, registration services and workshops. simple end point provisioning, accelerating time to service and reducing potential for error. Avaya VENA Fabric Connect Technology: How does Avaya VENA Fabric Connect benefit Interop organizers • Uses true multi-pathing for more efficient use of resources and the InteropNet team? • Eliminates the need to deploy multiple protocols to The benefits of Avaya VENA Fabric Connect technology, implement multiservice networks detailed below, include simplicity, agility and resiliency. • Recovers all services, including multicast, in sub seconds Simplicity:When a mission critical environment is required • Delivers high performance networking; from source to for a large, high profile event that includes multiple vendor destination, traffic always takes the shortest latent path technologies, network design can be difficult. To simplify • the process,Avaya VENA Fabric Connect provides Enables secure traffic separation for multi-tenancy, virtualized services between any two endpoints, wherever regulatory, or security reasons via integrated VRF or Layer 3 Virtualization capabilities and whenever required, regardless of underlying physical topology. D 1710 State of Utah Bid J P1 4001 This new paradigm in building networks proved Agility: With Avaya VENA Fabric Connect new services exceptionally useful when architecting InteropNet or changes to services are implemented on Edge or because changes to initial network design (resulting from Access nodes only and each end point triggers the venue-specific physical topology limitations) had no network to find the shortest path (through to destination) impact on how the virtualized services could be deployed. automatically. The InteropNet team can meet the real-time Further simplifying tasks of the InteropNet team,Avaya needs of attendees and sponsors by making network VENA Fabric Connect supports integrated Routing, IP changes on-the-fly because Avaya VENA Fabric Connect Multicast, and Layer 2/3 virtualized services without the eliminates the need for complex device-by-device manual deployment of multiple technologies and overlay provisioning of legacy technologies. This kind of network protocols.Video surveillance traffic, for example, will be agility contributes significantly to the success of dynamic carried seamlessly across the network fabric without the events such as Interop. addition of convoluted PIM-based protocols. Honored by its selection to contribute to the InteropNet And having a single technology deployed end-to-end 2013 environment,Avaya looks forward to showcasing makes event hot staging deployment and troubleshooting, Avaya VENA Fabric Connect technology and its which is always very intense, dramatically easier. fundamentally new approach to building networks. Public tours of the InteropNet NOC will take place at 11:00 A.M., Resiliency: The high-performance Avaya VENA Fabric 1:00 P.M. and 3:00 P.M. on Wednesday, May 8th and Connect solution delivers a load-balanced, always-on Thursday, May 9th. Registration for tours is on a first- network with lightning-fast re-convergence. Its sub-20- come, first-serve basis and will be available, on site, at millisecond re-convergence times can enhance the overall Interop 2013 in Las Vegas.Avaya will also be hosting Interop experience by keeping applications active even if private tours of the InteropNet NOC at 2:00 P.M on links or nodes fail. Wednesday and Thursday. Please contact your Avaya sales representative for more details. InteropNet Las Vegas 2013 Network Topology Third partyfln Third party RouterA Router B BGPIOSPF ERS 8800 ERS 8800 ERS 4000's M off-show I WWI etwork VSP 86G[# NU F IQ" o", VSP 4000's Show Floor Network Avaya rabric Connect5ackbone For more information: About the Interop Event: Interop Las Vegas- May 6-10th About Avaya VENA Fabric Connect: • Packet Pushers podcast: Considerations for turning your network into a fabric • Case Study: Sochi 2014 Olympic Winter Games • www.avaya.com/vena @ 2013 Avaya Inc.All Rights Reserved. All trademarks identified by @,",or-are registered marks,trademarks,and service marks,respectively,of Avaya Inc. 04/13 D State of Utah Bid JP14001 STATE OF UTAH SOLICITATION NO. JP14001 WSCA-NASPO Data Communications Products & Services RESPONSES DUE NO LATER THAN: Aug 30, 2013 11 :00:00 AM MDT RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO: www.bidsync.com RESPONSES MAY BE MAILED OR DELIVERED TO: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061 9/11/2013 12:07 PM BidSync Page 1467 pf151� l2 State of Utah Bid JP14001 '01 State of Utah Request for Proposal I w 4 too 8 9 , Legal Company Name (include d/b/a if applicable) Federal Tax Identification State of Utah Sales Tax ID Avaya Inc Number Number 22.3713430 Ordering Address City State Zip Code 4655 Great American Parkway Santa Clara CA 954054.1233 Remittance Address (if different from ordering address) City State Zip Code Type Corporation r— Partnership Company Contact Person Proprietorship F Government r— Teresa Just Telephone Number(include area code) Fax Number(include area code) 801.975.5707 801.975.5707 Company=s Internet Web Address Email Address www.avaya.com tjust@avaya.com Discount Terms (for bid purposes, bid discounts less Days Required for Delivery After Receipt of Order(see than 30 days will not be considered) Net 30 attached for any required minimums) 10 Days The undersigned certifies that the goods or services offered are produced, mined, grown, manufactured, or performed in Utah. Yes No F . If no, enter where produced, etc. N/A Offeror=s Authorized Representative=s Signature Date 9/11/2013 12:07 PM BidSync Page 1468 pf 51 12 State of Utah Bid JP14001 See attached August 30, 2013 Type or Print Name Position or Title Edward J.Walton VP Networking 9/11/2013 12:07 PM BidSync Page 1469 pf 51 12 State of Utah Bid JP14001 NOTICE When submitting a response(proposal, quote or bid) electronically through BidSync,it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the following steps in BidSync MUST be completed in order to place an offer: A. Login to www.bidsync.com; B. Locate the bid(solicitation)to which you are responding; a. Click the "Search" tab on the top left of the page; b. Enter keyword or bid(solicitation)number and click "Search"; C. Click on the "Bid title/description" to open the Bid (solicitation) Information Page; D. "View and Accept" all documents in the document section; E. Select"Place Offer" found at the bottom of the page; F. Enter your pricing,notes, other required information and upload attachments to this page; G. Click "Submit" at the bottom of the page; H. Review Offer(s); and L Enter your password and click "Confirm". Note that the final step in submitting a response involves the supplier's acknowledgement that the information and documents entered into the BidSync system are accurate and represent the supplier's actual proposal, quote or bid. This acknowledgement is registered in BidSync when the supplier clicks "Confirm". BidSync will post a notice that the offer has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Be aware that entering information and uploading documents into BidSync may take considerable time. Please allow sufficient time to complete the online forms and upload documents. Suppliers should not wait until the last minute to submit a response. It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered,uploaded, acknowledged(Confirm) and recorded into BidSync before the closing time or the system will stop the process and the response will be considered late and will not be accepted. Responses submitted in BidSync are completely secure. No one (including state purchasing staff) can see responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing deadline. However, all modifications or changes must be completed and acknowledged(Confirm)in the BidSync system prior to the deadline. BidSync will post a notice that the modification/change (new offer) has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Utah Code 46-4-402(2)Unless otherwise agreed between a sender(supplier) and the recipient(State Purchasing), an electronic record is received when: (a)it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and(b)it is in a form capable of being processed by that system. 9/11/2013 12:07 PM BidSync Page 1470 pf 51 12 State of Utah Bid JP14001 REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync(formerly RFP Depot,LLC) (www.bidsync.com)until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah's electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building,Capitol Hill, Salt Lake City,UT 84114-1061 by the "Due Date and Time." The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing offer. Unit price will govern,if there is an error in the extension. Written offers will be considered only if it is submitted on the forms provided by the DIVISION. (d) Proposals, modifications, or corrections received after the closing time on the"Due Date" will be considered late and handled in accordance with the Utah Procurement Rules, section R33-3-209. (e) Facsimile transmission of proposals to DIVISION will not be considered. 2. PROPOSAL PREPARATION: (a) Delivery time of products and services is critical and must be adhered to as specified. (b) Wherever in this document an item is defined by using a trade name of a manufacturer and/or model number,it is intended that the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality, economy and performance to the brand listed as determined by the DIVISION. If the supplier lists a trade name and/or catalog number in the offer, the DIVISION will assume the item meets the specifications unless the offer clearly states it is an alternate, and describes specifically how it differs from the item specified. All offers must include complete manufacturer=s descriptive literature if quoting an equivalent product. All products are to be of new, unused condition, unless otherwise requested in this solicitation. (c) Incomplete proposals may be rejected. (d) Where applicable, all proposals must include complete manufacturer=s descriptive literature. (e) By submitting the proposal the offeror certifies that all of the information provided is accurate,that they are willing and able to furnish the item(s) specified, and that prices offered are correct. (f) This proposal may not be withdrawn for a period of 60 days from the due date. 3. FREIGHT COST: Suppliers are to provide line item pricing FOB Destination Freight Prepaid. Unless otherwise indicated on the contract/purchase order, shipping terms will be FOB Destination Freight Prepaid. 4. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only. Answers to questions submitted through BidSync shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications. 5. PROTECTED INFORMATION: Suppliers are required to mark any specific information contained in their offer which they are claiming as protected and not to be disclosed to the public or used for purposes other than the evaluation of the offer. Each request for non-disclosure must be made by completing the "Confidentiality Claim Form" located at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc with a specific justification explaining why the information is to be protected. Pricing and service elements of any proposal will not be considered proprietary. All material becomes the property of the DIVISION and may be returned only at the DIVISION's option. 6. BEST AND FINAL OFFERS: Discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Prior to award, these offerors may be asked to submit best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by a competing offeror. 7. SAMPLES: Samples of item(s) specified in this offer,brochures, etc.,when required by the DIVISION,must be furnished free of expense to the DIVISION. Any item not destroyed by tests may,upon request made at the time the sample is furnished,be returned at the offeror's expense. 8. AWARD OF CONTRACT: (a) The contract will be awarded with reasonable promptness,by written notice,to the responsible offeror whose proposal is determined to be the most advantageous to the DIVISION,taking into consideration price and evaluation factors set forth in the RFP. No other factors or criteria will be used in the evaluation. The contract file shall contain the basis on which the award is made. Refer to Utah Code Annotated 65- 9/11/2013 12:07 PM BidSync Page 1471 pf 5� 12 State of Utah Bid JP14001 56-408. (b) The DIVISION may accept any item or group of items, or overall best offer. The DIVISION can reject any or all proposals, and it can waive any informality, or technicality in any proposal received, if the DIVISION believes it would serve the best interests of the DIVISION. (c) Before, or after,the award of a contract the DIVISION has the right to inspect the offeror's premises and all business records to determine the offeror's ability to meet contract requirements. (d) The DIVISION will open proposals publicly, identifying only the names of the offerors. During the evaluation process,proposals will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the proposals. Following the award decision, all proposals become public information except for protected information(see number 5 above). A register of proposals and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e)Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Utah has a reciprocal preference law which will be applied against offerors offering products or services produced in states which discriminate against Utah products. For details see Section 63G-6-404 and 63G-6-405, Utah Code Annotated. (g)Multiple contracts may be awarded if the DIVISION determines it would be in its best interest. 9. DEBRIEFING OF UNSUCCESSFUL OFFERORS: State Purchasing does not conduct face to face or teleconference debriefings. All debriefings are to be conducted in writing. A debrief request must be submitted in writing to the Purchasing Agent within seven(7)calendar days of the award notification or rejection notification made through written correspondence or posted on BidSync. The debrief response will be limited to critiquing the strength/weakness of an offeror's proposal based on the evaluation criteria. The debriefing is intended as a courtesy to offerors,providing feedback to be used for future opportunities. Comparisons between proposals or evaluations of other proposals will not be allowed. 10. DIVISION APPROVAL: Contracts written with the State of Utah, as a result of this proposal,will not be legally binding without the written approval of the Director of the DIVISION. 11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract)by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the DIVISION. 12. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials,where appropriate,unless otherwise requested in this solicitation. 13. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board. These are available on the Internet at www.purchasing.utah.gov. By submitting a bid or offer, the bidder/offeror warrants that the bidder/offeror and any and all supplies, services equipment, and construction purchased by the State shall comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 14. SALES TAX ID NUMBER: Utah Code Annotated(UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid. For information regarding a Utah sales tax license see the Utah State Tax Commission's website at www.tax.utah.gov/sales. The Tax Commission is located at 210 North 1950 West, Salt Lake City,UT 84134, and can be reached by phone at(801)297-2200. (Revision Date: 05 Nov 2012- RFP Instructions) 9/11/2013 12:07 PM BidSync Page 1472 pf 5� l2 Quote S T 'E'w PCG STEPeg LLC Quote Date:08/18/2017 407 Vine Street,Suite 210 Valid Till:09/15/2017 Cincinnati,OH 45202 Quote Number:Q-2094 BILL TO: SHIP TO: City of Boynton Beach City of Boynton Beach Contact Name:Charles Stevens Quote Stage:Delivered S.No. Product Details Qty List Price Discount Total 1. EC72000F-E6 4 $20,595.00 $43,661.40 $38,718.60 VSP 7254XSQ WITH 24 1/IOG SFP+ AND 4 40G QSFP+ PORTS ENABLED. INCL. BASE LIC, FRONT TO BACK FANS, 1 460W AC PSU (NA POWER CORD) . TRANSCEIVERS AND OPTNL RACK 2. Avaya EC7205E1 F-ES 4 $737.00 $1,474.00 $1,474.00 VSP 7200 460W AC SPARE POWER SUPPLY FRONT TO BACK COOLING (NA POWER CORD) 3. AvayaAA1403015-E6 4 $995.00 $2,109.40 $1,870.60 1-port IOGBASE-SR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports high modal bandwidth MMF (i.e. 50um, 2000MHz*km) for interconnects up to 300m. Core 62.5um fiber also supported. Please refer to doc 4. Avaya AA1403019-E6 4 $360.00 $748.80 $691.20 SFP+ Direct Attach Cable. 3m 5. Avaya AA1403020-E6 36 $464.00 $8,853.12 $7,850.88 SFP+ Direct Attach Cable. 5m 6. AvayaAA1419043-E6 6 $412.00 $1,285.44 $1,186.56 1-port 1000BASE-T Small Form Pluggable (SFP), 8-pin modular connector (RJ-45) . 7. Avaya EC8011002-E6 4 $525.00 $1,113.00 $987.00 OPTIONAL UNIVERSAL SLIDE RACK MOUNT KIT (300MM - 900MM) FOR USE WITH VSP 7200, 8200 AND 8400. 8. 334201 4 $2,421.00 $2,227.32 $7,456.68 SA PREFER PRT 24X7 FB NT VSP 7200 IYPP 9. Installation 30 $150.00 $0.00 $4,500.00 STEPcg Remote Installation. Sub Total $64,735.52 Tax $0.00 Grand Total $64,735.52 Terms and Conditions Shipping and state/local sales tax may apply. State of FL Contract# NASPO AR603 Page 1473 of 171 These Items were copied from the Official NASPO Contract Pri Switches 43191500 EC7200E3F-E6 VSP 7254XSQ WITH 24 1/10G SFP+AND 440G QSFP+PORTS ENABLED.INCL.BASE LIC,FR Switches 43191500 EC7205E1F-E6 VSP 7200 460W AC SPARE POWER SUPPLY FRONT TO BACK COOLING(NA POWER CORD) SWITCHES 43191500 AA1403020-E6 SFP+Direct Attach Cable.5m SWITCHES 43191500 AL7011001-E6 VSP70004 POST SERVER RACK MOUNT KIT Networking 43191500 AA1419043-E6GS 1-port 1000BASE-T Small Form Pluggable(SFP),8-pin modular connector(RJ-45). SWITCHES 43191500 AA1403019-E6 SFP+Direct Attach Cable.3m SWITCHES 43191500 AA1403015-E6 1-port 10GBASE-SR Small Form Factor Pluggable Plus(SFP+)10 Gigabit Ethernet Tr Services 81111800 334201 SA PREFER PRT 24X7 FB NT VSP 7200 1YPP Page 1474 of 1712 ce File EA 6P 20,595.00 38% 12,768.90 EA 6P 695.00 38% 430.90 EA 6P 435.00 38% 269.70 EA 6P 651.00 38% 403.62 EA 6P 389.00 38% 241.18 EA 6P 338.00 38% 209.56 EA 6P 995.00 38% 616.90 EA 15 201.75 7% 187.63 Page 1475 of 1712 7.H. BIDS AND PURCHASES OVER$100,000 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS55542 with IXOM Watercare, Inc.) for MI EX DOC Anion Exchange Resin with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for the purchase of MIEX DOC Resin is$275,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of resin. EXPLANATION OF REQUEST: SS55542 time period: October 3, 2017 thru October 2, 2018. As part of the upgrade and expansion of the East Water Treatment Plant, the MI EX ion exchange treatment process was added to remove organics from the raw water from the western wellfield. The M I EX process utilizes magnetically charged DOC anion exchange resin beads which aid in the removal and settling of the organics. Over time, attrition of the resin beads occurs and additional resin must be added to maintain the ongoing operation of the treatment process. Utilities will piggyback an existing Palm Beach County contract with IXOM Watercare, Inc. for the purchase of the MI EX DOC Anion Exchange Resin. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The use of the MIEX DOC resin is required for the ongoing operation of the MI EX ion exchange process in order to provide high quality drinking water to the customers of Boynton Beach Utilities. FISCAL IMPACT: Budgeted Budgeted Funding is available in Utilities account 401-2811-536-52.35. ALTERNATIVES: Since the MIEX treatment process is an integral part of the East Water Treatment Plant, there is no feasible alternative at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 1476 of 1712 Grant Amount: ATTACHMENTS: Type Description D Addendum Sole Source Solicitation D Addendum I XOM Contract Award D Attachment PBC Sole Source Justification Page 1477 of 1712 Board of County Commissioners County Administrator Paulette Burdick, Mayor " Verdenia C. Baker Melissa McKinlay, Vice Mayor :. Hal R.Valeche Dave Kerner Steven L. Abrams oll� 1 Mary Lou Berger Purchasing Department Mack Bernard www.pbcgov.org/purchasing i BOARD OF COUNTY COMMISSIONERS SOLE SOURCE SOLICITATION #SS555442/KM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT DUE DATE: JULY 14, 2017 AT 4:0.0 P.M. It is the sole purpose and intent of this solicitation to secure a contract for item(s) and/or services as listed herein. The sole source vendor is hereby placed on notice that acceptance of its response by Palm Beach County shall constitute a binding contract. This Solicitation, General Conditions, Instructions, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this solicitation and response thereto, and by reference are made a part thereof. The sole source vendor shall be bound by all terms, conditions and requirements in these documents. Vendor shall notify Palm Beach County Purchasing Department immediately if the sole source status changes. SUBMIT SOLICITATION TO: Palm Beach County Purchasing Department Attention: Kristen A. Monnett, Senior Buyer 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415-3199 Fax#: (561) 242-6724 E-mail: kmonnett(@_pbcgov.org Solicitation may be submitted via fax or e-mail. C A U T 1 a N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at hftDs:/Ir)bclvssn.co.r3alm-beach.fl.us/webapp/vssp1AltSelfService. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616„6800 FAX: (561) 616-6811 Page 1478 of 1712 Page 2 l3 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION GENERAL CONDITIONS 1. GENERAL INFORMATION subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to Vendor is advised that this package constitutes the complete set of be either a critical facility ("Critical Facilities") or a criminal justice specifications, terms, and conditions which forms the binding contract information facility ("CJI Facilities"), which are critical to the public between Palm Beach County and the vendor. Changes to this solicitation safety and security of the County. County facilities that require this may be made�Ul by written amendment issued by the County Purchasing heightened level of security are identified in Resolution R-2003-1274, Department. Vendor is further advised to closely examine every section of as amended. In October 2413, compliance with the requirements of this document,to ensure that all sequentially numbered pages are present, the U. S. Federal Bureau of Investigations CJI Security Policy was and to ensure that it is fully understood. Questions or requests for added to the Ordinance, which includes a broad list of disqualifying explanations or interpretations of this document must be submitted to the offenses.The vendor is solely responsible for understanding the Purchasing Department contact ininwriling. Vendor certifies that its response financial, schedule, andlor staffing implications of this is made without reliance on any oral representations made by the County. Ordinance. Further, the vendor acknowledges that its bid price includes any and all direct or indirect costs associated with compliance The obligations of Palm Beach County under this award are subject to the of with this Ordinance, except for the applicable FDLEIFBI fees that availability of funds lawfully appropriated for its purpose. shall be paid by the County. 2. LEGAL REQUIREMENTS e. PUBLIC ENTITY CRIMES: F.S.287.133 requires Palm Beach County to notify all vendors of the following: "A person or affiliate who has a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County been placed on the convicted vendor list following a conviction for a and local laws, ordinances, rules and regulations that in any manner public entity crime may not submit a response on a contract with a affect the items covered herein apply. Lack of knowledge by the public entity for the construction or repair of a public building or public vendor shall in no way be a cause for relief from responsibility. The work,may not submit bids on leases of real property to a public entity, vendor shall strictly comply with Federal, State and local building and may not be awarded or perform work as a contractor, supplier, safety codes. Equipment shall meet all State and Federal Safely subcontractor, or consultant under a contract with any public entity, regulations. Vendor certifies that all products (materials, equipment, and may not transact business with any public entity in excess of the processes, or other items supplied in response to this solicitation) threshold amount provided in F.S.287.017 for CATEGORY TWO for a contained in its response meets all ANSI, NFPA and all other Federal period of 36 months from the date of being placed on the convicted and State requirements. Vendor further certifies that if the product vendor list." delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs f. NON-COLLUSION: Vendor certifies that it has entered into no necessary to bring the product into compliance shall be borne by the agreement to commit a fraudulent,deceitful, unlawful,or wrongful act, vendor. or any act which may result in unfair advantage for one or more vendors over other vendors. Conviction for the Commission of any Any toxic substance provided to the County as a result of this fraud or act of collusion in connection with any sale, bid, quotation, solicitation or resultant contract shall be accompanied by its Safety proposal or other act incident to doing business with Palm Beach Data Sheet(SDS). County may result in permanent debarment. The Uniform Commercial Code (Florida Statutes, Chapter 672) shall No premiums, rebates or gratuities are permitted; either with, prior to prevail as the basis for contractual obligations between the vendor and or after any delivery of material or provision of services. Any such Palm Beach County for any terms and conditions not specifically violation may result in award cancellation, return of materials, stated in the solicitation. discontinuation of services, removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach b. DISCRIMINATION PROHIBITED; Palm Beach County is committed County. to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach g. CONFLICT OF INTEREST: Vendor shall disclose with their response County Resolution R-2414-1421, as may be amended, the vendor the name of any officer,director,or agent who is also an employee or warrants and represents that all of its employees are treated equally a relative of an employee of Palm Beach County. Further, vendor during employment without regard to race, color, religion, disability, shall disclose the name of any County employee or relative of a sex, age, national origin, ancestry, marital status, familial status, County employee who owns, directly or indirectly, an interest of ten sexual orientation, gender identity and expression or genetic percent or more in the vendor's firm or any of its branches. information. Per Resolution R-2014-1429, as may be amended, the vendor shall comply with the requirements set forth in Section 3.d. h. SUCCESSORS AND ASSIGNS: The County and the vendor each hereinbelow. binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the vendor c. INDEPENDENT CONTRACTOR RELATIONSHIP: The vendor is, shall assign, sublet, convey or transfer its interest in this Contract and shall be, in the performance of all work, services, and activities without the prior written consent of the other. under this Contract, an Independent Contractor and not an employee, agent, or servant of the County. All persons engaged in any of the t. INDEMNIFICATION: Regardless of the coverage provided by any work or services performed pursuant to this Contract shall at all times, insurance, the vendor shall indemnify, save harmless and defend the and in all places,be subject to the vendor's sole direction,supervision, County, its agents, servants, or employees from and against any and and control. The vendor shall exercise control over the means and all claims, liability, losses and/or causes of action which may arise manner in which it and its employees perform the work, and in all from any negligent act or omission of the vendor, its subcontractors, respects the vendor's relationship, and the relationship of its agents, servants or employees during the course of performing employees, to the County shall be that of an Independent Contractor services or caused by the goods provided pursuant to this solicitation and not as employees or agents of the County. and/or resultant contract. d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant j. PUBLIC RECORDS,ACCESS AND AUDITS: Any material submitted to Palm Beach County Code Section 2-371 through 2-377, the Palm in response to this solicitation is considered a public document in Beach County Criminal History Records Check Ordinance accordance with Section 119.07,F.S. This includes material which the ("Ordinance'), the County will conduct fingerprint based criminal vendor might consider to be confidential. All submitted information history record checks on all persons not employed by the County who that the vendor believes to be confidential and exempt from disclosure repair, deliver, or provide goods or services for,to, or on behalf of the (i.e., a trade secret or as provided for in Section 119.07 and Section County. A fingerprint based criminal history record check shall be 892.081, F.S.)must be specifically identified as such. Upon receipt of conducted on all employees of vendors, contractors, and a public records request for such information, a determination will be Page 1479 of 1712 i Page 3 13 made as to whether the identified information is,in fact,confidential. N. OLIVE AVENUE, WEST PALM The vendor shall maintain records related to all charges, expenses, BEACH, EL 33401, BY E-MAIL AT and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. TheRECORDSREQUESI@PBCGOV.ORG County shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours,at OR BY TELEPHONE AT 561-355-6680. he vendor's place of business. I k. INCORPORATION,PRECEDENCE,JURISDICTION: This solicitation Notwithstanding anything contained herein, as provided under Section shall be included and incorporated in the final award. The order of 11'19.07011, F.S.,if the Vendor: (t)provides a service; and(ii)acts on contractual precedence shall be the solicitation document (original behalf of the County as provided under Section 419.011(2), F.S., terms and conditions), response,and purchase order or term contract the Vendor shall comply with the requirements of Section 1119.07011, order. Any and all legal action necessary to enforce the award or the Florida Statutes,as it may be amended from time to time. The Vendor resultant contract shall be held in Palm Beach County and the is specifically required to: contractual obligations shall be interpreted according to the laws of Florida. 1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service; I. LEGAL EXPENSES: The County shall not be liable to a vendor for 2) Upon request from the County's Custodian of Public Records any legal fees, court costs, or other legal expenses arising from the ("County's Custodian") or the County's representativellialson, on interpretation or enforcement of this contract,or from any other matter behalf of the County's Custodian, provide the County with a copy generated by or relating to this contract. of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed m. NO THIRD PARTY BENEFICIARIES: No provision of this Contract is the cost provided in Chapter 119 or as otherwise provided by intended to, or shall be construed to,create any third party beneficiary law. The Vendor further agrees that all fees, charges and or to provide any rights to any person or entity not a party to this expenses shall be determined in accordance with Palm Beach Contract, including but not limited to any citizen or employees of the County PPM CW-F-002, Fees Associated with Public Records County and/or vendor. Requests,as it may be amended or replaced from time to time. 3) Ensure that public records that are exempt, or confidential and n. SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS exempt from public records disclosure requirements are not GREATER THAN $1 MILLION): As provided in F.S. 287.135, by disclosed except as authorized by law for the duration of the entering into a Contract or performing any work in furtherance of this contract term and following completion of the Contract, if the Sole Source solicitation, the VENDOR certifies that it, its affiliates, Vendor does not transfer the records to the public agency. suppliers,subcontractors and consultants who will perform hereunder, Nothing contained herein shall prevent the disclosure of or the have not been placed on the Scrutinized Companies With Activities in provision of records to the County. Sudan List or Scrutinized Companies With Activities in The Iran 4) Upon completion of the Contract,the Vendor shall transfer, at no Petroleum Energy Sector List created pursuant to F.S. 215.473,or on cost to the County, all public records in possession of the Vendor the Scrutinized Companies that boycott Israel List, or is engaged in a unless notified by the County's representativelliaison,on behalf of boycott of Israel,pursuant to F.S.215.4725,or is engaged in business the County's Custodian, to keep and maintain public records operations in Cuba or Syria. required by the County to perform the service. If the Vendor transfers all public records to the County upon completion of the If the County determines, using credible information available to the Contract, the Vendor shall destroy any duplicate public records public, that a false certification has been submitted by VENDOR, the that are exempt, or confidential and exempt from public records resulting Contract from this Sole Source solicitation may be terminated disclosure requirements. If the Vendor keeps and maintains and a civil penally equal to the greater of $2 million or twice the public records upon completion of the Contract,the Vendor shall amount of this Contract shall be imposed,pursuant to F.S.287.135. meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to 3. SUBMISSION OF RESPONSE: Response must be submitted on the County, upon request of the County's Custodian or the County's provided Sole Source "Response" Form. Responses on vendor representativelliaison, on behalf of the County's Custodian, in a letterheadlquotation forms shall not be accepted. Responses must be format that is compatible with the information technology systems signed by an agent of the company having authority to bind the of the County,at no cost to the County. company or firm. FAILURE TO SIGN THE RESPONSE FORM AT THE INDICATED PLACE(S) SHALL BE CAUSE FOR REJECTION OF THE Vendor acknowledges that it has familiarized itself with the RESPONSE. Responses are to be submitted to the Palm Beach requirements of Chapter 119, F. S., and other requirements of state County Purchasing Department representative no later than the law applicable to public records not specifically set forth herein. time indicated herein. Failure of the Vendor to comply with the requirements of this Section, Chapter 119, F.S.and other applicable requirements of state law,shall a. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise be a material breach of this Contract. The County shall have the right directed in the Special Conditions of this solicitation, vendor should to exercise any and all remedies available to it for breach of contract, include with its response a copy of all applicable Certificates of including but not limited to,the right to terminate for cause. Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor IF THE ' VENDOR HAS QUESTIONS shown on the response page. It shall also be the responsibility of the vendor to maintain a current Local Business Tax Receipt REGARDING THE APPLICATION OF (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to CHAPTER 119, FLORIDA STATUTES, Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically TO THE VENDOR'S DUTY TO exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt(Occupational License),the vendor should include the current PROVIDE PUBLIC RECORDS Local Business Tax Receipt (Occupational License) issued to the vendor in the response. It is the responsibility of the vendor to ensure RELATING TO THIS CONTRACT, that all required certifications, licenses and permits are maintained in PLEASE CONTACT THE CUSTODIAN force and current throughout the term of the contract. Failure to meet OF PUBLIC RECORDS AT RECORDS this requirement shall be considered default of contract. REQUEST, PALM BEACH COUNTY b' vendor agrees DdRp omises hat,ICduring ting REQUEST, aspublic PUBLIC AFFAIRS DEPARTMENT, 301 emergency, disaster, hurricane, Flood, or acts of God, Palm Beach Page 1480 of 1712 Page 4 ol�1,3 County shall be given "first priority" for all goods and services under accepted. this contract. Vendor agrees to provide all goods and services to Palm Beach County during and after the emergency at the terms,conditions, PALM BEACH COUNTY and prices as provided in this solicitation on a "first priority" basis. FINANCE DEPT. Vendor shall furnish a 24-hour phone number to the County in the P.O.BOX 4036 event of such an emergency. WEST PALM BEACH, FL 33402-4036 c. SALES PROMOTIONS f PRICE REDUCTIONS: Should sales Payment shall be made by the County after goods 1 services have promotions occur during the term of the contract that lower the price of been received, accepted and properly invoiced as indicated in the the procured item, the vendor shall extend to the County the lower contract and 1 or order. Invoices must bear the order number. The price offered by the manufacturer on any such promotional item. Florida Prompt Payment Act is applicable to this solicitation. Interest Further,any price decreases effectuated during the contract period by penalties will only be paid in accordance with the Florida Prompt reason of market change or otherwise, shall be passed on to Palm Payment Act,Florida Statute 218.70. Beach County. Additionally,anytime after award,the vendor may offer a reduced price which shall remain in effect for the duration of the Note: Palm Beach County Vendors can now be paid by Credit contract. Card via the County's voluntary Payment Manager Program. For vendors who don't have a merchant account, one is needed to utilize d. VENDOR'S NON-DISCRIMINATION POLICY: The vendor shall the Program. For vendors with a merchant account, you will need to perform the following and shall use the attached form "Non- enroll with the Palm Beach County Clerk & Comptroller's office. For Discrimination Policy"in order to do the same: information, contact the Palm Beach County Clerk & Comptroller at gbcpavmentmg vpaimbeacholerk.corn or 561-355-7851. 1. Submit to Palm Beach County a copy of its non- discrimination policy,which shall be consistent with the non- d. CHANGES: The Director of Purchasing, Palm Beach County, by discrimination policy of Palm Beach County as set forth in written notification to the vendor may make minor changes to the Section 2.b.hereinabove;OR contract terms. Minor changes are defined as modifications which do 2. In the event that the vendor does not have a written non- not significantly alter the scope, nature,or price of the specified goods discrimination policy, the vendor shall sign and submit to or services. Typical minor changes include, but are not limited to, Palm Beach County a statement affirming that its non- place of delivery, method of shipment, minor revisions to customized discrimination policy is in conformance with Palm Beach work specifications, and administration of the contract. The vendor County's non- discrimination policy as provided in Palm shall not amend any provision of the contract without written Beach County Resolution R-2014-1421, as may be notification to the Director of Purchasing,and written acceptance from amended. the Director of Purchasing or the Board of County Commissioners. The vendor shall satisfy the requirements set forth in this Section 3.d. e. DEFAULT: The County may, by written notice of default to the prior to execution of a contract with Palm Beach County and within a vendor,terminate the contract in whole or in part if the vendor fails to time frame specified by Palm Beach County(normally within 2 working satisfactorily perform any provisions of this solicitation or resultant days of request). The vendor's failure to satisfy the requirements set contract, or fails to make progress so as to endanger performance forth herein shall render its bid non-responsive. If is the responsibility under the terms and conditions of this solicitation or resultant contract, of the successful bidder to maintain a non-discrimination policy that or provides repeated non-performance, or does not remedy such conforms with the County's policy as set forth in Section 2.b. failure within a period of 10 days (or such period as the Director of hereinabove throughout the term of the contract. Failure to meet this Purchasing may authorize in writing) after receipt of notice from the requirement shall be considered a default of contract. Director of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the 4. CONTRACT ADMINISTRATION vendor,the County may procure goods andlor services similar to those terminated,and the vendor may be liable for any excess costs incurred a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be due to this action. made as soon as possible. Deliveries resulting from this solicitation are to be made during the normal working hours of the County. Time If it is determined that the vendor was not in default or that the default is of the essence and delivery dales must be met. The vendor shall be was excusable (e.g., failure due to causes beyond the control of, or responsible for making any and all claims against carriers for missing without the fault or negligence of, the vendor), the rights and or damaged items. obligations of the parties shall be those provided in "Termination for Convenience"as stated below. Delivered items shall not be considered"accepted"until an authorized agent for Palm Beach County has, by inspection or test of such items, f. TERMINATION FOR CONVENIENCE: The Director of Purchasing determined that they appear to fully comply with specifications. The may, whenever the interests of the County so require, terminate the Board of County Commissioners may return, at the expense of the contract, in whole or in part, for the convenience of the County. The vendor and for full credit, any item(s) received which fail to meet the Director of Purchasing shall give five (5) days prior written notice of performance standards. termination to the vendor, specifying the portions of the contract to be terminated and when the termination is to become effective. If only b. FEDERAL AND STATE TAX: Palm Beach County is exempt from portions of the contract are terminated, the vendor has the right to Federal and State taxes. The authorized agent for Purchasing shall withdraw,without adverse action,from the entire contract. provide an exemption certificate to the vendor,upon request. Vendors are not exempted from paying sales tax to their suppliers for materials Unless directed differently in the notice of termination,the vendor shall to fulfill contractual obligations with the County, nor are vendors incur no further obligations in connection with the terminated work,and authorized to use the County's Tax Exemption Number in securing shall stop work to the extent specified and on the date given in the such materials. Any sales tax paid by vendors to their suppliers for notice of termination. Additionally, unless directed differently, the materials to fulfill contractual obligations with the County are not vendor shall terminate outstanding orders and/or subcontracts related reimbursable by the County to the vendor. to the terminated work. c. PAYMENT: In order for Palm Beach County to make payment, the g. REMEDIES: No remedy herein conferred upon any party is intended Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEIN to be exclusive of any other remedy,and each and every such remedy Number on the Vendor's response must be exactly the same as it shall be cumulative and shall be in addition to every other remedy appears on the invoice and in Palm Beach County's VSS system given hereunder now or hereafter existing at law, or in equity, by which can be accessed at hRRK./1EbcvssE.co.paIm- statute or otherwise. No single or partial exercise by any party of any teach.fl.uslwobaDpivsspiAltSeltService, Vendor shall send ALL right, power, or remedy hereunder shall preclude any other or further ORIGINAL invoices to the following address and may send copies of exercise thereof. invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be Page 1481 of 1712 Page 5A t > h. RENEWAL OPTION: The contract shall be for twelve (12) months with the option to renew for four (4) additional twelve (12) month periods. The option for renewal shall only be exercised upon verification of continued sole source status and upon mutual written agreement with all original terms and conditions adhered to with no deviations. At the beginning of each of the four (4) twelve (12) month option periods, the County may consider a single annual price adjustment to the unit price(s)based on new pricing from the vendor. Any renewal including subsequent price adjustments shall be subject to the appropriation of funds by the Board of County Commissioners. 5. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 — 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to,the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 -- 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. THIS IS THE END OF"GENERAL CONDITIONS." Page 1482 of 1712 Page 6 a)-l3 SPECIAL CONDITIONS 6. GENERALISPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 7. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings which have been designated as either"critical facilities"or "criminal justice information facilities"pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the vendor and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Vendor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the vendor or its subcontractor terminates an employee who has been issued a badge, the vendor must notify the County within two (2) hours. At the time of termination, the vendor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any vendor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated vendor employee or subcontractor employee within the stated time; or 3)fails to make a good faith effort in attempting to comply with the badge retrieval policy. 8. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 9. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Responses showing other than F.O.B. destination shall be rejected. Vendor retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 10. DELIVERY Delivery shall be required within fifteen 15 business days after receipt of term contract delivery order(DO) unless a modified delivery date has been requested by the vendor and approved in writing by the Purchasing Director or his/her designee. Failure of the vendor to perform to the delivery requirement is sufficient cause for default and termination of the contract. 11. AS SPECIFIED A term contract delivery order(DO) will be issued to the vendor with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the vendor, items not delivered as specified. 12. ESTIMATED EXPENDITURES The anticipated term of the contract to be awarded as a result of this solicitation is for twelve (12) months. The anticipated value during the contract term is $330.975. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to re-solicit for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed. 13. WORK SITE SAFETYISECURITY The vendor shall at all times guard against damage or loss to the property of Palm Beach County, the vendor's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the vendor shall provide fences, signs, barricades, flashing lights, etc., at no additional cost to the County, necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, vendor shall provide for the prompt removal of all debris from Palm Beach County Page 1483 of 1712 Page 7 e t� property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the vendor or its agents. 14. INSURANCE REQUIRED It shall be the responsibility of the vendor to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801. Subsequently, the vendor shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at c _ins c in_®.com or fax (562) 435-2999, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Vendor shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage(X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability Insurance. Vendor shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event vendor neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing vendor to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the vendor indicating either the vendor does not own any vehicles, and if vehicles are acquired throughout the term of the contract, vendor agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Vendor shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 444. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the vendor in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County(normally within 2 working days of request). Failure to provide required insurance shall render your response non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the vendor to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Vendor shall agree that a[] insurance coverage required herein shall be provided by vendor to County on a primary basis. Page 1484 of 1712 Page 8 AC I3 SPECIFICATIONS SOLE SOURCE SOLICITATION#SS5554421KM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF,TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this solicitation is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Ixom Watercare, Inc. Miex DOC Resin for the County. CURRENT DELIVERY LOCATION Palm Beach County Water Utilities Department WTP#2 2956 Pinehurst Drive West Palm Beach, FL 33467 Palm Beach County reserves the right to add or delete delivery locations during the term of this contract, including locations within the Glades area, at its sole discretion. COUNTY'S RESPONSIBILITIES The County shall: • Order services on an as needed basis. • Be responsible for unloading of chemical deliveries. • Operate plant according to plant operating manual provided by vendor and to maintain records of operating history and conditions during the term of the contract. • Provide access to relevant records and calculations on request. VENDOR'S RESPONSIBILITIES The vendor shall: • Provide chemical in 1000 Liter Bulk packs(Totes) containing 900L of settled resin. COUNTY ACCEPTANCE Payment shall be rendered ONLY upon the County's satisfaction acceptance of item(s) delivered. Acceptance is defined as meeting all the terms, conditions and specifications as stated herein. PAYMENT Payment is based upon the pricing offered on the response page and no additional compensation shall be offered or paid. Price shall include, but not be limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully and completely provide the item(s)as specified herein. Page 1485 of 1712 Page 9 o� 13 SOLE SOURCE RESPONSE PAGE SOLICITATION#SS5554421KM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF,TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. 12 MONTH PRICE QUANTITY 1. IXOM WATERCARE, INC. MIEX DOC RESIN AS 25 TOTE $ 3 2 $ SPECIFIED HEREIN �- Acknowledge Criminal History Records Check requirement, per Term#7? YES/INITIAL RAi Acknowledge Insurance requirements, per Term #14? YES/INITIAL Acknowledge Non-Discrimination Policy Form is included as specified herein? YESIINITIAL — * PLEASE AFFIX SIGNATURE WHERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's solicitation,without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: Y_CA VjATE 9__ . (Z6 r I N& e[;k/ZJ1-7 �± / I�,� PRINT NAME. tk%^ � A. Cl46Lf * SIGNATURE: "k J�(!�- PRINT TITLE: C°O)m #ea� /M]cx ADDRESS: gISO -/aK KQ64 ST CITY I STATE: CGRTr_tAlq 1 AL , C-a _ ZIP CODE: 601t Z TELEPHONE# (15o3) '76$ 7 54n E-MAIL: Vk6elr-C EMERGENCY#( 3,3 ) -7 6 t�, _7545 FAX M ( 3a,3) °71,$ Z 5 Z 3 (as required herein) TOLL FREE # ( 8 77 ) -4 t4 0"I APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# `7 Page 1486 of 1712 i Page 10 4-13 NON-DISCRIMINATION POLICY FORM SOLE SOURCE SOLICITATION #SS5554421KM Pursuant to Palm Beach County Resolution R-2014-1421 ("Resolution"), as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County ("County") that the County "shall not conduct business with nor appropriate any funds for any organization or entity that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information." This Resolution requires that each organization or entity doing business with the County is "required to submit a copy of its non-discrimination policy, which shall be consistent with the non-discrimination policy stated above, prior to entering into any contract with the County." In the event an organization or entity does not have a written non-discrimination policy, such organization or entity "shall be required to sign a statement affirming their non- discrimination policy is in conformance with this resolution." Check one: (�) Organization/Entity hereby attaches its non-discrimination policy, which is consistent with the County's Non-Discrimination Policy and Resolution. OR (1/) Organization/Entity hereby acknowledges that it does not have a written non-discrimination policy and hereby affirms by signing below that its non-discrimination policy is in conformance with the County's Non-Discrimination Policy and Resolution. ORGANIZATION 1 ENTITY INFORMATION: . �-.Xu,r►�► W a�-�C�L enc. Name of Organization or Entity Signature ,q n& ¢. CA-A Le Name (type or print) G1,ha-{ Title ` Rev. 06.13.2017 Page 1487 of 1712 i T1! Exceptions to General Conditions: 4. e. DEFAULT: "In the event the County terminates this contract in whole or in part because of default of the vendor,The County may procure goods and/or services similar to those terminated" please strike the remainder of the sentence. Ixom cannot be liable for what another vendor may charge for their products. IXOM Amendments to PBC General and Special Conditions: 1. RETURNS: Returned Goods shall not be accepted unless Buyer obtains prior written approval and transportation instructions from Seller.All Goods returned to Seller must be in full containers or cases, unopened and in the same condition as when delivered. If a return is approved by Seller,Goods may be returned for exchange or credit only.Seller shall give no cash refunds for returned Goods.Approved returned Goods are subject to a restocking charge of 15%of the invoiced value of such Goods and Buyer shall pay all transportation charges. 2. LIMITED WARRANTY: a) Subject to Section 2(e)and Section 3 below,Seller warrants title and that the Goods shall conform to Seller's standard sales specifications in effect at the time of manufacture or the specifications agreed by the parties in writing and contained or referenced in the order. b) Buyer is solely responsible for determining that the Goods and their specification and scope are appropriate for Buyer's intended use.Any advice or recommendations by Seller with respect to the Goods or the use of the Goods are provided in good faith based on tests or experience believed to be reliable but such advice or recommendations are not warranted. Buyer agrees that it is responsible for ensuring that Goods that comply with the warranties in Section 2(a)are fit and suitable for its purposes, requirements, processes,plant and equipment. c) To the maximum extent permitted by law,Seller makes no other representation or warranty of any kind, and hereby expressly disclaims all other representations or warranties,express,implied,statutory or arising from a course of dealing,usage of the trade or otherwise,including without limitation any representation or warranty as to merchantability, fitness for a particular purpose, or any other matter with respect to the goods,whether used alone or in combination with any other goods, substances processes or materials or services. d) In the event the exclusion of some or all of such warranties under section 2(c)for certain goods subject to this contract would be illegal, any additional warranty would be limited to the warranty required by applicable law and to the extent permitted by such law,would be subject to section 2(e)and section 3,and is conditioned upon use in accordance with label directions under normal conditions reasonably foreseeable to seller with buyer assuming the risk of any use contrary to label directions,under abnormal conditions or under conditions not reasonably foreseeable to seller. e) Seller's sole liability and Buyer's sole remedy for breach of warranty are specifically limited to the repair of the goods(or re-performance of services when applicable)or the cost thereof where Seller fails to perform such repair necessitated by a breach of warranty, and such liability and remedy are exclusive of all other liabilities and remedies. Should these remedies be found inadequate or to have failed of their essential purpose for any reason whatsoever,Buyer agrees that the return of the amount paid by buyer to seller for Page 1488 of 1712 i the purchase of the goods which fail to conform with the warranties set forth in section 3 shall be considered a fair and adequate remedy and prevent the remedies from failing of their essential purpose. 3. LIMITATIONS OF LIABILITY: (a)The liability of Seller and its affiliates to Buyer under and in connection with the Contract is limited to the price allocable to the Goods giving rise to the claim and in no event shall the cumulative liability of Seller howsoever arising,whether under warranty, contract,tort, negligence, strict liability, indemnification, defense or any other cause or combination of causes whatsoever,exceed the total payment received from Buyer under the Contract in connection with the Goods. (b)To the extent permitted by law and not withstanding any provision to the contrary in the contract,Seller shall not be liable for special, indirect, incidental, or consequential damages, including without limitation, and loss of profits; loss of business revenues, loss of capital,failure to realize expected profits or savings, overhead costs, loss by reason of service interruption or increased expense of operation, loss of goodwill, loss of reputation, loss of value in any intellectual property, damages or liquidated sums payable pursuant to other agreements orto otherthird parties, other economic losses, whether arising under warranty, contract; negligence (including negligent misrepresentation) or other tort, strict liability, breach of statue, indemnification, or any other cause or combination of causes, including any theories of concurrent liability arising from a duty of care by operation of law or otherwise. This limitation of liability set forth in this Section 3 shall not apply to third-party claims of death or personal injury. 4. SAFE STORAGE HANDLING AND USE: ASSUMPTION OF RISK: Buyer acknowledges that it is familiar with the risks associated with the storage, handling and use of Goods and any waste resulting therefrom.Accordingly and notwithstanding anything to the contrary set forth in the Contract, Buyer covenants and warrants and shall ensure that(i)that it and its employees, agents, carriers and customers are familiar with and adhere to all necessary and appropriate precautions and safety measures to safely store, handle or use the Goods; (ii)it and its employees,agents, carriers and customers shall comply with all applicable Laws, including without limitation,environmental laws and regulations pertaining to the storage, handling and use of Goods; (iii)shall obtain and comply with all required permits and licenses. Seller takes no responsibility for, and Buyer assumes all risks associated with waste characterization, regulatory status and chemical composition of any product, process, material,waste or substance into which the Goods are incorporated or applied.Without limiting the foregoing, Buyer shall further ensure that all storage tanks,vessels, and pipes, hoses and valves and other components used by Buyer or its employees, agents, carriers and customers to store, handle and transfer Goods which are bulk chemicals are properly installed and maintained to prevent injury, death or loss of containment during storage, handling and transfer of such Goods. If Buyer resells or distributes Goods to third parties, Buyer assumes responsibility for ensuring that it provides detailed instructions to such third parties regarding safe storage, handling and use of those Goods and any Storage Items or packaging in which such Goods are stored.To the maximum extent allowed by law, Buyer assumes all risks and liability whatsoever for all injuries, losses and damages to persons or property or otherwise as a result of(i) Buyer's, its employees',agents', carriers' or customers' handling, possession,further processing,storage, use treatment,transportation, disposal, sale or other use or disposition of the Page 1489 of 1712 Goods,whether used alone or in combination with other products, materials, substances or wastes, (ii) Buyer's, its employees', agents', carriers' or customers'violation or alleged violation of any Law, or(iii) Buyer's breach of any of its obligations set forth herein. 5. FORCE MAJEURE: Shipments or deliveries may be totally or partially suspended or delayed by Seller during any period in which the Seller may be prevented or hindered from manufacture,delivery or supply through any circumstances outside Seller's reasonable control or where such manufacture, delivery or supply is rendered materially more expensive by such circumstances. Circumstances beyond Seller's reasonable control shall include,without limitation,strikes, lockouts or other labor difficulty; acts of carriers; acts of God;acts of civil or military authorities; acts or omissions of Buyer;war; riot; fire; explosion;acts of terrorism;flood; any inability to obtain or lack of any necessary or adequate materials,inputs, fuel, power, labor, equipment,containers,facilities or services on usual terms; power or water shortage; accidents or breakdowns or failures of plant or machinery or apparatus; delays,congestions or blockages at sea ports or transport depots or software, hardware or communication network; changes in applicable Laws;or any other event,whether or not enumerated herein,beyond the reasonable control of Sellerthat makes impractical the manufacture,transportation or shipment of the Goods or of a material or other resource upon which the manufacture,transportation or shipment of the Goods depends.Seller shall not incur any liability to Buyer in respect of such suspension. 6. INTELLECTUAL PROPERTY: Seller is the sole and exclusive owner of the Intellectual Property in the Goods and processes incorporated in such Goods, and the rights attached to that Intellectual Property. Nothing herein grants to Buyer any right,title or interest in or to any of the Intellectual Property in the Goods. Buyer shall not claim to have acquired any right, title or interest to the Intellectual Property in the Goods by virtue of purchasing Goods sold hereunder. Buyer shall not deconstruct, reverse compile or reverse engineer the Goods in any way for the purpose of deciphering or replicating the chemical composition of the Goods.As used herein,"Intellectual Property"means any intellectual or industrial property right anywhere in the world including, without limitation, any patent, patent application, utility model, copyright (including copyright in manuals, databases, and promotional materials), registered design and other design rights, unpatented secrets and innovations, confidential information, and any other rights that may subsist anywhere in the world in improvements, inventions and other manufacturing processes or technical and other information of Seller. Buyer shall not resell,distribute or supply the Goods to any third party for any reason without Seller's prior written consent. Page 1490 of 1712 PLCII LORI Form L Purchasing Department October 3, 2017 50 SOU01 Military Trail,Suite 1 10 West Palm Beach,Fl.33415-3199 (561)616-6800 Ixom Watercare, Inc. FAX:(561)616-6811 Randy A. Cable, Global Head Miex www.pbcgov.coiiiJpurchasiog 8150 S Akron Street, Suite 401 Centennial, CO 80112 TERM CONTRACT#SS555442 Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for IXOM Palm such County j WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF based on: Board of County Commissioners SOLE SOURCE SOLICITATION #SS555442/KM PaLlIette.Burdick, Mayor Vendor shall notify Purchasing immediately if the sole source status changes. Melissa Mcl(iiilay, Vice Mayor OTHER: Hal R.Valeclie Dave Kerner The term of this contract is 10/03/17 through 10/02/18, and has an estimated dollar value of$330,975, inclusive of all vendors awarded. Steven L Abrams If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Mary LOU Berger term of the contract, including any renewals or extensions thereof. Mack Beniard County User Departments will issue individual "Delivery Orders" against this contract as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY0303050000000011 11). A copy of the invoice may be sent to the County User County Administrator Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Verdenia C.Baker Vendor's TINIFEIN Number on the Vendor's bid/quotelresponse must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at ,https://Pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Kristen A. Monnett, Senior Buyer at kmonnett@pbcgov.org. Sincerely, cr D� hleen M, Scarlett l ector Epal Opportw7iiy jffirvwtive�ic tiwl Eo7ployo— c: Vernetha Green,Water Utilities File printed on rocycled paper Page 1491 of 1712 Form B INTER-OFFICE COMMUNICATION PALM BEACH COUNTY DATE: October 14, 2015 TO: Kathleen M. Scarlett Director a T'HRU: Tammy Smith Purchasing Manager FROM: Kriste o ' t Senior r RE: SOLE SOURCE JUSTIFICATION (EXTENDED TERM) The user department has stated that IXOM WATERCARE, INC. PRODUCTS, OEM PARTS, MAINTENANCE REPAIR 1 REPLACEMENT SERVICES FIELD SERVICES AND TECHNICAL SUPPORT is the ONLY product / source of service that will meet the County's need for EQUIPMENT USED WITHIN THE POTABLE WATER PROCESS SYSTEM. Based on staff's knowledge of the marketplace, we believe this to be an accurate assessment. It has also been determined and attested to by ELLEN RUE GABY, VICE PRESIDENT SALES, IXOM WATERCARE, INC. (manufacturer) they are the ONLY source of supply for the above referenced product/ service (see attached). We anticipate that the circumstances justified by this sole source request will not change over the next 60 months (maximum 50 months). PURCHASING APPROVAL: Based on the information provided to me, including the manufacturer's certification that they or their representative are the sole provider of this good or service, the user's certification that this is the only good or service which will suffice their needs, and a justifiable expectation that these conditions will not change in the foreseeable future, I am hereby approving sole source acquisition of the subject good or service for a period not to exceed sixty months. The user department is charged with monitoring the marketplace and, if the above described sole source conditions change, discontinue use of this sole source justification and procure the goods or services competitively. kkW_MM:Xa ky-y-t Kathleen M. Scarlett, Director Purchasing Department Date: 0 c: Vernetha Green, Water Utilities Page 1492 of 1712 Xcif[, INTEROFFICE MEMORANDUM ORI DATE: October 1, 2015 Rater Utilities Department TO: Kathy Scarlett, Purchasing Director Administration t P.o.sox 16097 FROM: Jim Stiles, Water Utilities Director West Palm Beach,PL 33416-6097 (561)493.6000 RE: Sole Source—IXOM WATERCARE, INC. Fax:(561)493-600& The Water Utilities Department requests an extended sole source wmv.pbewater.com procurement from IXOM WATERCARE, INC. for the purchase of manufactured brand products, OEM repair parts, repairs, and maintenance, based on the following sole source justification: Based upon our expertise and a comprehensive search of the faint Beach County market place, the purchase of manufactured brand products, Board of County OEM repair parts, repairs, and maintenance offered by IXOM Commissioners WATERCARE, INC., is required to be used in conjunction with Shelley vana,Mayor existing equipment, IXOM WATERCARE, INC. provides the Mary Lou Berger,vice Mayor following unique characteristic that we require and, to the best of Hal R.Valeclte our knowledge, no other manufacturer can duplicate. Paulette snraick IXOM WATERCARE, INC. is the sole manufacturer and Steven L.Abrams provider of its brand products, repairs, maintenance, and OEM replacement parts, which are the only parts and Melissa MclCiulay components compatible with the existing Ixom Priscilla A.Taylor equipment, including the MIEX equipment system, used within our potable water process system to remove target contaminants; as required by Water Utilities. Comtty Administrator For the above documented reasons and the attached sole source supporting documentation from the manufacturer, I request that Robert Weisman the purchase be considered for approval as sole source. "An Equol Opportunity Affirinative Action Employes" Page 1493 of 1712 fy Y} f October 1, 2015 Palm Beach County Water Utilities Department: MOM 4 8100 Forest Hill Blvd. West Palm Beach, FL 33416 1 Attn: Ms.Vernetha Green Subject: Sale Source Representative Dear Ms. Green: Ixom Watercare Inc. is the sole manufacturer of its products. Ixom rr { Watercare, Inc. is the manufacturer and the exclusive representative for y ` Ixom Watercare, Inc.within the state of Florida for the purchase of new products, OEM repair parts,repairs,and maintenance. No other representative can sell products, repair/replacement parts, maintenance, repair/replacement services, field services and technical support for Ixom Watercare, Inc. Your contact for Ixom Watercare, Inc.is: Ellen Gaby/Vice President Sales 33101 East Quincy Avenue Watkins, Colorado 80137 If you have questions regarding this issue, please contact me (Ellen Gaby at Ixom Watercare, Inc.)at 919-482-5422. Sincerely, Ellen Rue Gaby Vice President Sales Ixom Watercare, Inc. Ixom W ato care Inc. 33101 Est Quincy Avenup Watkins,CO "30137 WWW.FTIIexresinxorn Page 1494 of 1712 9.A. PUBLIC HEARING 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-030 - SECOND READING - Approve 711 North Federal Highway Abandonment(ABAN 17-007) request allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon a portion of the 20-foot wide alley right-of-way (ABAN 17-007) immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. The CRA is requesting the abandonment as owner of the abutting 711 N. Federal Highway, in preparation for the sale of the property to the owner of the boat dealership that operates immediately to the north (South Florida Master Craft), to facilitate the expansion of their business venture. Similar segments of the same alley have previously been abandoned, which abutted other properties to the north of the subject parcel; at 725 N. Federal Highway (South Florida Master Craft) and 805 N. Federal Highway (Miami Aqua Culture), in 2009 and 2005, respectively. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject alley no longer serves a public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. The Planning & Development Board reviewed this request at their September 26, 2017 meeting and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional tax revenue from property being placed on the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 1495 of 1712 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance abandoning a portion of 20 foot wide alley regarding 711 North Federal Highway D Staff Report Staff Report D Location Map Location Map D Drawings Legal Description & Sketch D Conditions of Approval Conditions of Approval D Development Order Development Order Page 1496 of 1712 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF THE 20-FOOT WIDE ALLEY RIGHT OF WAY 6 IMMEDIATELY WEST OF 711 NORTH FEDERAL 7 HIGHWAY AND IMMEDIATELY NORTH OF NORTHEAST 8 6TH AVENUE, MORE PARTICULARLY DESCRIBED 9 HEREIN, SUBJECT TO STAFF COMMENTS; 10 AUTHORIZING THE CITY MANAGER TO EXECUTE A 11 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 12 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 13 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 17 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant 18 is requesting to abandon a portion of the 20-foot wide alley right-of-way lying between 19 711 North Federal Highway and the FEC Railroad right of way, subject to staff comments; 20 and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been previously held before the City's Planning & 24 Development Board, and the City Commission on the proposed abandonments; and 25 26 WHEREAS, staff has determined that the subject portion of the 20-foot wide alley 27 right of way requested to be abandoned does not adversely impact traffic, or affect other 28 adjacent property owners and therefore no longer serves a public purpose, and the City 29 Commission adopts that finding. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and 35 incorporated herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida, does 38 hereby abandon a portion of the 20-foot wide alley right-of-way lying between 711 North 39 Federal Highway and the FEC Railroad right of way, subject to staff comments. The 40 property being abandoned is more particularly described as follows: 41 42 A portion of the 20 foot alley lying parallel with and contiguous to the east 43 right-of-way line of the Florida East Coast Railroad and the west line of Lots 44 19 through 22, PENCE & KING ADDITION TO THE TOWN OF 45 BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 1497 of 1712 46 50, of the Public Records of Palm Beach County, Florida, as decribed as 47 follows: 48 That portion of a 20 foot alley, bounded on the east by the west line of 49 Lots 19 through 22, bounded on the west by the east right-of-way line of 50 the Florida East Coast Railroad, bounded on the north by the westerly 51 extension of the south line of the north 5.00 feet of Lot 19, and bounded 52 on the south by the westerly extension of the north line of the south 21.5 53 feet of Lot 22, all of PENCE & KING ADDITION TO THE TOWN OF 54 BOYNTON, according to the plat thereof as recorded in Plat Book 1, 55 Page 50, of the Public Records of Palm Beach County, Florida. 56 Section 3. The City Manager is hereby authorized and directed to execute the 57 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 58 Records of Palm Beach County, Florida. 59 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 FIRST READING this day of , 2017. 63 64 SECOND, FINAL READING AND PASSAGE this day of 65 , 2017. 66 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 70 Mayor— Steven B. Grant 71 72 Vice Mayor—Justin Katz 73 74 Commissioner—Mack McCray 75 76 Commissioner—Christina L. Romelus 77 78 Commissioner—Joe Casello 79 80 81 VOTE 82 ATTEST: 83 84 85 Judith A. Pyle, CMC 86 City Clerk 87 88 (Corporate Seal) 89 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 1498 of 1712 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the 20-foot wide alley right-of- way lying between 711 North Federal Highway and the FEC Railroad right of way, subject to staff comments. The property being abandoned is more particularly described as follows: A portion of the 20 foot alley lying parallel with and contiguous to the east right- of-way line of the Florida East Coast Railroad and the west line of Lots 19 through 22, PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida, as decribed as follows: That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on the west by the east right-of-way line of the Florida East Coast Railroad, bounded on the north by the westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE& KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2017. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 1499 of 1712 the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2017. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\FOD3519B-452C-4FB4-8F87-A1 EBFOFACA76\Boynton Beach.7226.1.711_North_Federal_Highvway_ Abandonment - Ordinance.doc Page 1500 of 1712 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-049 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 22, 2017 SUBJECT: Request for abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue (ABAN 17- 007). NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon a portion of the 20-foot wide alley right-of-way (ABAN 17-007) immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue (see Exhibit"A"—Location Map). The CRA is requesting the abandonment as owner of the abutting 711 N. Federal Highway, in preparation of the property for purchase by the owner of the boat dealership immediately to the north (South Florida Master Craft), to facilitate the expansion of their business venture. More specifically, the applicant is requesting to abandon that portion of the 20-foot wide alley right- of-way lying between 711 N. Federal Highway and the FEC Railroad right-of-way(as depicted and described in Exhibit "B" — Legal Description & Sketch). The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Developed commercial property (South Florida Master Craft) zoned C-4 (General Commercial); South: Right-of-way for NE 61h Avenue and farther south is developed commercial property (Goodyear Tire Store) zoned CBD (Central Business District); East: Currently unoccupied commercial property (formerly Amerigas Propane) zoned C-4 (General Commercial) and father east right-of-way for Federal Highway; and West: Right-of-way for the FEC Railroad, then farther west right-of-way for N. Railroad Avenue. Page 1501 of 1712 Page 2 Memorandum No. PZ 17-049 ABAN 17-007 BACKGROUND The applicant is requesting to abandon a portion of the unimproved alley immediately east of the FEC Railroad right-of-way. Similar segments of the same alley have previously been abandoned, which abutted properties immediately to the north of the subject parcel; at 725 N. Federal Highway (South Florida Master Craft) and 805 N. Federal Highway(Miami Aqua Culture), in 2009 and 2005, respectively. The CRA acquired the property to spur redevelopment of the longtime propane gas site and received responses from several businesses looking to redevelop the site. The property owner immediately to the north, operator of South Florida Master Craft, is interested in expanding their operations onto the subject parcel and is working on the preparation of development plans for the site. Because their business operations involve larger vessels and trailers, maximum on site movements are necessary, and the additional 20 feet allows for greater turning movements and storage options.As a result, the CRA has submitted the necessary paperwork to abandon the alley. When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State Statute. Typically, two (2) properties would be affected by an abandonment request, and as a result one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east(at 711 N. Federal Highway). Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide railroad right-of-way). Since the FEC RR is a right-of-way entity, the entire abandoned 20-foot wide alley parcel would become part of the applicant's property. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Page 1502 of 1712 Page 3 Memorandum No. PZ 17-049 ABAN 17-007 AT & T No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Florida Public Utilities No objection. Comcast No objection. Level 3 No objection w/provision of necessary easements and relocation of utilities at developer's cost, if necessary. Sprint No objection. Hotwire No objection. Strome Networks No objection. Windstream No objection. PBC Traffic Engineering No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\711 N. Federal Hwy.WBAN 17-007\Staff Report.doc Page 1503 of 1712 Exhibit A LOCATION MAP rL49 + 12 � S �S ryry ■ � i� � r tiilJ + f t N E 6th Ave ESt,,t;r, ��n.� - j NE 6th Ave �t + o txw� r s 5 w mom f1' � t s. `NE 6th f l� {' {( Win t i t Page 1504 of 1712 SKETCH & DESCRIPTION FOR: Exhibit B A PORTION OF 20 ALLEY PENCE&KING ADDITION TO TOWN OF BOYNTON J"'2 (PLAT BOOK 1, PAGE 50,P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA [LAND DESCRIPTION., A portion of the 20 foot alley lying parallel with and contiguous to the east right—of—way line of the Florida East Coast Railroad and the west line of Lots 19 through 22, PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida, described as follows: That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on the west by the east right—of—way line of the Florida East Coast Railroad, bounded on the north by the westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. SURVEYOR'S NOTES' 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public 'Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: = Centerline; L.B. = Licensed Business; O.R.B. = Official Records Book; P Per Record Plat; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.L.S. = Professional Land Surveyor; R/W = Right—of—Way. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: —--------- MICHAEL ———————— MICHAEL D.y AVIRPM,P: Florida Registr�dti6h'Al a. 326"�,?, 1 1;P` J AVIROM -& ASSOCIAT�S, IN&- L.B.'No:''-,330b , ' EMAIL: mik�Qqv REVISIONS JOB 1047-5—B REV. R/W DEDICAMN wary o7/>>/2017 (MAX) &ASSO A VIROM&ASSOCIATES, INC. 0 SURVEYING & MAPPING SCALE: NIA 50 S.W 2nd AVENUE, SUITE 102 DATE: 04/25/2017 fn 6 BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. ISHED AS @2017 AVIROM&ASSOCIATES,INC.all tights reserved, F.B. NIA PG. NIA This sketch is the property of A VIROM&ASSOCIATES,INC. and should not be reproduced orcopied without written permission. SHEET: 1 12 SKETCH & DESCRIPTION FOR: A PORTION OF 20,ALLEY A PORTION OF LOT 22 PENCE&KING ADDITION TO TOWN OF BOYNTON (PLAT BOOK 1, PAGE 50,P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA LAKE ADDITION TO TOWN OF BOYNTON (P.B. 11/71, P.B.C.R.) --------------- DEED LESSOUT NORTH 5' OF LOT 19 25' (O.R.B. 28504/483, P.B.C.R.) CO I C C� LOT 19 U W W U- CO z 1m WESTERLY EXTENSION 00 W __j vt SOUTH LINE OF CD 611 NORTH 5' OF LOT 19 Cn CO C) 1-- � Ln 00 CN ---j- rn C) LOT 20 0) < 0 — co CO 0 t /,I C/) 0 LOT LINE (TYPICAL) Ln U LOT 21 bi F-- m 1 V) 0 n 0 WESTERLY EXTENSION w < 0 n NORTH LINE OF I III Ln SOUTH 21.5' OF LOT 22 - m LU 1 0 1/1 1 (n < W LOT 22 Ln U-) Lj LL SOUTH 21.5' OF LOT 22 C-� r--) -U COP3SED 75 R/W DEDICATION 9—2 5' N.E. Gth AVENUE 9.25' IN j :18—5' PLATTED R--/—W SOUTH LINE OF LOT 22 DEED LESSOUT SOUTH 5' OF LOT 22 SOUTH LINE OF (O.R.B. 28504/483, P.B.C.R.) N,E. -1 OF S.E. 1 4 4 OF SECTION 21-45-43 ROBERT ADDITION TO TOWN OF BOYNTON ( { (P.B. 1/51, P.B.C.R.) REVISIONS A VIROM&ASSOCIATES, INC. JOB : 10475B REV. R/W DEDICATION WIDTH 07/11/2017 (MMIQ 0 &ASSO SURVEYING &MAPPING SCALE: V,=40' m 50 S.W 2nd AVENUE, SUITE 902 DATE: 04/25/2017 co BOCA RATON,FLORIDA 33432 BY: M.MX. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. ISHED @2017 AVIROM&ASSOCIATES,INC,all tights reserved. F.B. NIA M N/A This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET:Pa e21606 of 1 12 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: 711 N. Federal Highway File number: ABAN 17-007 Reference: 1St review plans identified as a Abandonment with an August 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 1507 of 1712 711 N. Federal Highway (ABAN 17-007) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\711 N. Federal Hwy.Wbandonment\HBAN 17-007\COA post P&D.doc Page 1508 of 1712 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 711 N. Federal Highway (ABAN 17-007) APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 8, 2017 APPROVAL SOUGHT: Request for abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue (ABAN 17- 007). LOCATION OF PROPERTY: 711 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\711 N. Federal HwyAbandonmentWBAN 17-007\DO.doc Page 1509 of 1712 9.B. PUBLIC HEARING 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-031 - SECOND READING -Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote#57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. EXPLANATION OF REQUEST: On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical use of marijuana throughout the State for individuals with specified "debilitating" conditions and would authorize cultivation, processing, distribution, and sale of marijuana and related activities. On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed bills amending the state's medical marijuana laws. The Governor subsequently signed the bills on June 23, 2017. As part of those amendments, the state law includes preemptions outlined below: • City may not place specific limits on the number of dispensing facilities. • City may not enact regulations or restrict locations, which are more restrictive than regulations, or locations for pharmacies. • City may not charge a fee in an amount greater than the fee charged to pharmacies. • Dispensaries cannot be located within 500 feet of an elementary, middle, or secondary school unless City approves location through formal proceeding. The purpose of these amendments is to establish requirements that regulate marijuana-dispensing facilities in the interest of the public health, safety and general welfare and that ease the regulatory burden on the City. In particular, this amendment is intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients who qualify to obtain, possess, and consume, or any other use of medical marijuana permissible under state law. The Planning & Development Board reviewed this item on September 26, 2017 and forwards it with a recommendation for approval . HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There are no anticipated changes in City programs or services. FISCAL IMPACT: The new use would increase application, permitting and business tax receipt revenues. ALTERNATIVES: 1. Add medical marijuana dispensaries to the land development regulations while amending the regulations for pharmacies to implement further restrictions. 2. Ban medical marijuana dispensaries in the City. Page 1510 of 1712 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance amending Land Development D Ordinance REgulations regarding medical marijuana dispensing D Staff Report Staff Report D Exhibit Exhibit"A" D Exhibit Exhibit"B" Page 1511 of 1712 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11,"DEFINITIONS"; AMENDING CHAPTER 3,ARTICLE IV, 6 SECTION 3.D, TABLE 3-28, USE MATRIX AND FOOTNOTE #57 TO 7 ADD DEFINITIONS, USE PROVISIONS AND STANDARDS THAT 8 REGULATE THE MEDICAL MARIJUANA DISPENSARY INDUSTRY; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 10 AND AN EFFECTIVE DATE. 11 12 WHEREAS, on November 8, 2016, the Florida voters approved Amendment #2 which 13 fully legalized the medical use of marijuana throughout the State for individuals with specified 14 "debilitating" conditions and would authorize cultivation, processing, distribution and sale of 15 marijuana and related activities; and 16 WHEREAS,on June 9,2017 at the Florida Legislature special session,the Florida House 17 and Senate passed bills amending the state's medical marijuana laws; and 18 WHEREAS, staff is recommending approval of the proposed amendments as they are 19 intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients 20 who qualify to obtain, possess, and consume or any other use of medical marijuana permissible 21 under state law; and 22 WHEREAS, the City Commission has considered the recommendations and has 23 determined and finds that it is in the best interest of the citizens and residents of the City of 24 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 25 contained herein. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified and - 1- C Pz Ex<s crr f:.i:l {}.s€ ;ix C Ex€ Pz,Ex t.,t t I)C is kl)9lC e- "'01)1 ll9 901 6, ktx l44 lC f >oNulou k ch€ tl';,1,1t is€elc s„ is€& 1 LIU 9 ° � =` Pae 1512 of 1712 29 confirmed by the City Commission. 30 Section 2. Chapter 1, Article 11, Definitions of the Land Development Regulations of 31 the City of Boynton Beach Code of Ordinances is hereby amended as follows: 32 Chapter 1, Article 11, Definitions. 33 34 ... 35 36 'V .9 , �E _a Medical M T ment Center --------------------------- -a m edi 9 l rzaaccordance with the Florida...Qp �11t_o( Health as a rnedical ................................................................................................................. .......................................................................................................................jn.qErj_gana 38 .d.....i......pos ing_f �ti.i.ty� at dispenses....n...e..d...i..c..a..l......Y...n......a.....r....i-llADA_ gVll.i..F......ed.... ..p.a....t....i...e.....n.....t....s.........o.....r...._car ers. A .............. 39 rn edi cal.rn ari W an a faci I itv...does...not..p .................................................................................... ............................. .................... ............... 40 ro --Of 12�M oduct. 2i i ------------- 41 42 ... 43 Section 3. Chapter 3, Article IV, Section 3.13, Table 3-28 Use Matrix and Footnote 44 #57 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is 45 hereby amended as reflected in Exhibit"A" and as follows: 46 Chapter 3, Article IV, Sec. 3, Notes 47 48 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet. 49 50 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 51 52 15. General Note. This use shall be integrated into a mixed-use building or development. It 53 must not 1) occupy more than fifty percent(50%) of the gross floor area of any given building; 54 and 2) exceed twenty percent(20%) of the gross floor area of the mixed use development. 55 56 17. General Note. 57 58 a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or 59 development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any 60 given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use 62 61 development. 63 b. MU-LI district, MU-L2 district, and MU-L3 district. The subject use is only allowed on 64 lots fronting on arterial or collector roadways. 65 -2- I)C(),kl)9lC76-201)1-4fll9-9901-6,k,kO6fl44flCl�5 BoNulou .......... .......................................................................................................................................................................................................................................................................... Lfkatc ,7 2277 2 2 7 JAIedjcaf 'c_Ljj &_- 1 12"R, ,iA,neudnieul Page 1513 of 1712 66 27. General Note. This non-industrial use is allowed within the PID district provided it is 67 located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or 68 on a MU lot with a development order that is not solely for residential development. 69 70 57. Pharmacy-&—Drug Store, and Medical Marijuana 71 72 a. All Districts. 73 No more than fifteen percent (15%) of the total number of prescriptions sold within a 74 thirty (30) day period can be derived from the sale of Schedule 11 controlled 75 substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed 76 by a state licensed pharmacist who shall be present during all hours the pharmacy, or 77 pharmacy function of the drug store, is open for business. This restriction on 78 prescription sales shall not apply to a pharmacy operating accessory to a facility 79 licensed pursuant to F.S. Chapter 395 (e.g., hospital). 80 Q- A..mdJCaJ.rngfU_g�Mp.IIsJn facil ly in ay ive hundred .......................... ......�q........... .................................................... ....... ..................... ................... ... 81 nLr atlhAt. 2mndcs._�I_p 11111 82 rn-i-ddl-e--school-,--or--secondgy__s hod 83 84 b. MU-4 and MU-H District. Use shall be subject to the following distance separation 85 requirements from similar uses, measured in a straight line, using the shortest distance between 86 property lines shall be the following: 87 88 (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square 89 feet of gross floor area; 90 91 (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or 92 greater than five thousand (5,000) gross square feet. 93 94 Section 4. Each and every other provision of the Land Development Regulations not 95 herein specifically amended, shall remain in full force and effect as originally adopted. 96 Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict 97 with any provisions of this ordinance are hereby repealed. 98 Section 6. Should any section or provision of this Ordinance or any portion thereof 99 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 100 remainder of this Ordinance. -3- I)C(),kl)9lC76-201)1-4fll9-9901-6,k,kO6fl44flCl�5 BoNulou .......... .......................................................................................................................................................................................................................................................................... Lfkatc ,7 2277 2 2 7 JAIedjcaf 'c_Ljj '..au _- I LIU, & Page 1514 of 1712 101 Section 7. Authority is hereby given to codify this Ordinance. The City Clerk is 102 directed to work with the Land Development Regulations publisher to consolidate this ordinance 103 and the exhibit for publication. 104 Section 8. This Ordinance shall become effective immediately. 105 FIRST READING this day of , 2017. 106 SECOND, FINAL READING AND PASSAGE this day of , 2017. 107 108 CITY OF BOYNTON BEACH, FLORIDA 109 110 YES NO 111 112 Mayor— Steven B. Grant 113 114 Vice Mayor—Justin Katz 115 116 Commissioner—Mack McCray 117 118 Commissioner—Christina L. Romelus 119 120 Commissioner—Joe Casello 121 122 123 VOTE 124 125 ATTEST: 126 127 128 129 Judith A. Pyle, CMC 130 City Clerk 131 132 133 134 (Corporate Seal) 135 136 -4- C Pz Ex<s crr f:.i:l {}.s€ ;ix C Ex€ Pz,Ex t.,t t I)C is kl)9lC e- "'01)1 ll9 901 6, ktx l44 lC f >oNulou k ch€ tl';,1,1t is€elc s„ is€& 1 12"R �a ian drn eft 9 ° � =` Pae 1515 of 1712 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-018 TO: Chair and Members Planning& Development Board FROM: Andrew P. Mack, P.E., Director of Development DATE: September 26, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.13, Table 3-28, Use Matrix and Footnote 957 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback to meet original objectives or new vision. The proposed amendment would support items #1 and#4. BACKGROUND On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical use of marijuana throughout the State for individuals with specified "debilitating" conditions and would authorize cultivation, processing, distribution, and sale of marijuana and related activities. The City's LDR do not currently contain provisions for the regulation of marijuana dispensing organizations and facilities. On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed bills amending the state's medical marijuana laws. The Governor subsequently signed the bills on June 23, 2017. As part of those amendments, the state law includes preemptions that are outlined below: • City may not place specific limits on the number of dispensing facilities. - 1 - Page 1516 of 1712 • City may not enact regulations or restrict locations, which are more restrictive than regulations, or locations for pharmacies. • City may not charge a fee in an amount greater than the fee charged to pharmacies. • Cannot be located within 500 feet of an elementary, middle, or secondary school unless City approves location through formal proceeding. The purpose of these amendments is to establish requirements that regulate marijuana-dispensing facilities in the interest of the public health, safety and general welfare and that ease the regulatory burden on the City. In particular,this amendment is intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients who qualify to obtain, possess, and consume, or any other use of medical marijuana permissible under state law. PROPOSED DEVELOPMENT STANDARDS The proposed amendments to Chapters 1 and 3 of the LDR are provided in their entirety in Exhibits "A" and "B", with the most notable amendments summarized below: • Zoning — Allowed as a permitted use in all commercial, mixed use, and planned industrial districts; • Location — In PID, limited to properties that front an arterial with mixed use (MU) land use option; • Minimum Separation— 500 feet from an elementary, middle, or secondary school. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments to provide the proper zoning accommodations for the desired use, to maximize compatibility of land uses, and to ensure safe business operations. Attachment S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 17-003 Medical Cannabis Dispensary\Staff Report - Medical Marijuana Dispensary_R.docx -2 - Page 1517 of 1712 REC PU ct PID �-I MM-C MU-4 N MU-3 O MU-2 w1 �,I 11-r-)l co LO MU-1 w1 �,j 11-r-)l N 0) SMU w1 �,j 11-r-)l a PCD a'1 1I CBD P %� C-4 � C-3 ci m C-2 P.I Ni O u C-1 v MHY Q PUD m 1PUD t U R-4 a R-3 +� P� R-2 Q L U R-1 X R-1-A 00 N R-1-AA v R-1-AAB X �W cz Q L 5 .2 O � /y � X Exhibit"B" Chapter 1, Article 11, Definitions. cal------N-laLI'Liana Treatment Center ------------------- cel 1tLLqtt d.-bva--M dJ - e_ calm !�tagf Lt----------------------------------------------------------------L De) of Health as a medical -aILJ.11,�na ml l_lm ---i-n----ac-c o clancc mw i-th---t h-e----Florida---------L dis.wn�.J.n ients or careOvers. A. m_edJ_cal__aLiSana cli l en in ...filgijijj___clot L_lLg�t...pre)are,_transfer. cultivate or irocess any form of m L .. Ct, ......... Chapter 3, Article IV, Sec. 3, Notes 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet. 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent(30%) of the gross floor area of the mixed use development. b. MU-LI district, MU-L2 district, and MU-L3 district. The subject use is only allowed on lots fronting on arterial or collector roadways. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 57. Pharmacy,_7&Drug Store, and Medical Marijuana Dispensary. a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule 11 controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). A. medical Mar"Liana diensim4 facilill ---------- _ilDaaclt_be--I-oc-ated.-wit-hin five hUnd..re_d. (500 feet ofthe real..."r ?.g jjj�q.��mprj_s_e_s a ic.orprivateelernentaryscho L'....m.iddle. ............................................................... .................... ............ S-C-LI!2l,--2L-�e,oii-d.arv-s-c h-o-ol-, S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-003 Medical Marijuana Dispensary\Exhibit B_Chatper 1 Article IlDefinitions and Chapter 3 Article 4,Section 3_Notes.docx Page 1519 of 1712 b. MU-4 and MU-H District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor area; (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-003 Medical Marijuana Dispensary\Exhibit B_Chatper 1_Article II_Definitions and Chapter 3_Article 4,Section 3_Notes.docx Page 1520 of 1712 12.A. NEW BUSINESS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Mayor Grant requests approval for$300 of his Community Support Funds to be donated to the Ment2Makelt, Inc. EXPLANATION OF REQUEST: Ment2Makelt, Inc. is a young men's mentoring program in Boynton Beach. Mission Statement: "Investing in the youth by showing them positive and efficient ways to not only survive in the world, but thrive in the world. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services. FISCAL IMPACT: Budgeted The Community Support Funds of$2,000 for each Commission member were approved in the 2017/2018 budget. ALTERNATIVES: Do not approve request. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Other Community Support Funds Form Page 1521 of 1712 i RI5-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I-Summary of Request(to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Mayor Stern B.Grant Amount Requested: $ 00,0 Recipient/Payee: : - 9l -Ftnd?Y Description of project, program, or activity to be funded: _-_s u ✓1 tvYA1 I Part 11 -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is$ ,� The balance of funds available for the requesting Member of the Commission is $ �&'. " -1. Accordingly: Pr- here are funds available as requested There are insufficient funds available as requested i 1r A 3 Dated: / /2'�- -2 By: ity Clerk Part Ill-Eligibility Evaluation L Public funds will not be used to improve private property unless there is a dear public need, purpose and benefit ❑ The recipient/payee provides services within the City D The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission i Page 1522 of 1712 12.B. NEW BUSINESS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-113- Resolution of City of Boynton Beach in support Florida House of Representatives House Memorial 263 urging the President to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Representative Al Jacquet is available to comment to this topic. EXPLANATION OF REQUEST: Commissioner Romelus has requested the City Commission consider passing a resolution in support of the Florida House Memorial 263. On May 22, 2017, the Department of Homeland Security extended Haiti's Temporary Protected Status designation for 6 months, making its current expiration date January 22, 2018. Haiti's government is requesting a Temporary Protected Status extension of at least 18 months to enable it to deal with the overwhelming challenges facing the nation. Still recovering from the 2010 earthquake and in the wake of Hurricane Matthew, a category 4 hurricane that hit in 2017, Haiti's government will be unable to safely receive and assimilate the 58,000 Haitians with Temporary Protected Status or replace their remittances, rendering such deportations both unsafe and destabilizing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None. ALTERNATIVES: Do not pass this resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1523 of 1712 ATTACHMENTS: Type Description Resolution Supporting House Memorial 263 D Resolution urging the President to e)dend Haiti's Temporary Protected Status Designation D Attachment Fl House HM 263 Page 1524 of 1712 I RESOLUTION NO. R17- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, SUPPORTING FLORIDA HOUSE OF 4 REPRESENTATIVES HOUSE MEMORIAL 263 URGING THE 5 PRESIDENT TO EXTEND HAITI'S TEMPORARY 6 PROTECTED STATUS DESIGNATION FOR AT LEAST 18 7 MONTHS BEYOND ITS CURRENT JANUARY 22, 2018 8 EXPIRATION DATE; AND PROVIDING AN EFFECTIVE 9 DATE. 10 WHEREAS, on May 22, 2017, the Department of Homeland Security extended Haiti's 11 Temporary Protected Status designation for six (6) months making its current expiration date January 12 22, 2018; and 13 WHEREAS, Haiti's government is requesting a Temporary Protected Status extension of at 14 lease 18 months to enable it to deal with the overwhelming challenges facing the nation; and 15 WHEREAS, Haiti's government will be unable to safely receive or assimilate the 58,000 16 Haitians with Temporary Protected Status or replace their remittance, rending such deportations both 17 unsafe and destabilizing. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission hereby supports Florida House of Representatives 24 House Memorial 263 urging the President to extend Haiti's Temporary Protected Status designation for 25 at least 18 months beyond its current January 22, 2018 expiration date. 26 Section 3. This Resolution will become effective immediately upon passage. 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A831DE93-D4F6-4A43-90EA-F4633C518F3B\Boynton Beach.7462.1.Supporting_House_Memorial_263_-_Reso.Docx Page 1525 of 1712 27 PASSED AND ADOPTED this day of , 2017. 28 29 CITY OF BOYNTON BEACH, FLORIDA 30 31 YES NO 32 33 Mayor— Steven B. Grant 34 35 Vice Mayor—Justin Katz 36 37 Commissioner—Mack McCray 38 39 Commissioner—Christina L. Romelus 40 41 Commissioner—Joe Casello 42 43 44 VOTE 45 46 ATTEST: 47 48 49 50 Judith A. Pyle, CMC 51 City Clerk 52 53 54 55 (Corporate Seal) 56 57 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A831DE93-D4F6-4A43-90EA-F4633C518F3B\Boynton Beach.7462.1.Supporting_House_Memorial_263_-_Reso.Docx Page 1526 of 1712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HM 263 2018 1 House Memorial 2 A memorial to the President of the United States, 3 urging the President to extend Haiti ' s Temporary 4 Protected Status designation for at least 18 months 5 beyond its current January 22, 2018, expiration date . 6 7 WHEREAS, On September 16, 2016, President Donald Trump told 8 Haitian Americans he would be their "greatest champion, " 9 praising their "perseverance, entrepreneurship, creativity, 10 [and] faith" and saying "all the things that make America good 11 and strong can be found right here, amazing people, so I come 12 here today to say that the Haitian American community deserves 13 our gratitude and our respect, and I want you to know you have 14 my respect, " and 15 WHEREAS, President Trump continued, "The 2010 Haitian 16 earthquake unleashed a horrible and catastrophic devastation: 17 over 300, 000 dead . . . millions displaced or injured, homes, 18 businesses, schools reduced to rubble; amid the suffering Haiti 19 showed the world so much heart and so much incredible 20 resilience, but the truth is Haiti is still suffering very 21 badly. The Haitian people deserve better, so . . . I will give 22 them better, " and 23 WHEREAS, on May 22, 2017, the Department of Homeland 24 Security extended Haiti ' s Temporary Protected Status designation Page 1 of 4 CODING: Words&tr4eq are deletions; words underlined are additions. hm0263-00 Page 1527 of 1712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HM 263 2018 25 for 6 months, making its current expiration date January 22, 26 2018, and 27 WHEREAS, Haiti ' s government is requesting a Temporary 28 Protected Status extension of at least 18 months to enable it to 29 deal with the overwhelming challenges facing the nation, and 30 WHEREAS, by November 23, 2017, the Department of Homeland 31 Security must decide whether to terminate or extend Haiti ' s 32 Temporary Protected Status designation, and 33 WHEREAS, the Haitian-American community is concerned that 34 without an 18-month Temporary Protected Status extension, Haiti 35 will be unable to recover from recent extraordinary calamities, 36 including the 2010 earthquake where nearly 40, 000 earthquake 37 victims still remain in internally displaced persons camps and 38 200, 000 more remain in a camp that has evolved into a settlement 39 named Canaan; the unchecked cholera epidemic introduced by 40 United Nations peacekeepers in October 2010 which has killed at 41 least 10, 000 and sickened over 800, 000, and for which the United 42 Nations to date has raised only $10 million of its targeted $400 43 million to address; and Hurricane Matthew, a category 4 44 hurricane with 145-miles-per-hour winds that struck Haiti ' s 45 southern peninsula, one of the nation' s key breadbaskets, in 46 2016, greatly exacerbating the nation' s food crisis after a 3- 47 year drought in Haiti ' s rice-growing Artibonite and killing 48 1, 000 people, leaving hundreds of thousands more without safe 49 water or food, destroying crops, livestock, and infrastructure, Page 2 of 4 CODING: Words&tr4eq are deletions; words underlined are additions. hm0263-00 Page 1528 of 1712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HM 263 2018 50 exacerbating the cholera epidemic, and causing Haiti ' s 51 government to declare a state of emergency, and 52 WHEREAS, in a detailed December 2016 assessment, the United 53 States Citizenship and Immigration Services concluded that the 54 conditions in Haiti still warranted its Temporary Protected 55 Status designation, making then-Secretary of State John Kerry 56 recommend an extension, and 57 WHEREAS, however, under President Trump, the United States 58 Citizenship and Immigration Services recommended not extending 59 Haiti ' s Temporary Protected Status designation, and its new head 60 of policy and strategy urged staff to find evidence of Haitian 61 "criminality" to justify ending its designation, and 62 WHEREAS, since January 12, 2011, 58, 000 Haitians with 63 Temporary Protected Status have been residing in the United 64 States and have strong community ties, including United States- 65 born children who should not have to choose between their 66 parents and their birthright as Americans, and 67 WHEREAS, these 58, 000 Haitians regularly send remittances, 68 including $1 . 3 billion in 2015, that help sustain approximately 69 320, 000 to 500, 000 of their relatives in Haiti, making them 70 Haiti ' s chief source of foreign assistance, and 71 WHEREAS, Haiti ' s government will be unable to safely 72 receive or assimilate the 58, 000 Haitians with Temporary 73 Protected Status or replace their remittances, rendering such 74 deportations both unsafe and destabilizing, and Page 3 of 4 CODING: Words&tr4eq are deletions; words underlined are additions. hm0263-00 Page 1529 of 1712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HM 263 2018 75 WHEREAS, Haiti ' s recovery and stability are in the national 76 security interest of the United States, and 77 WHEREAS, therefore, the extension of Haiti ' s Temporary 78 Protected Status designation for at least 18 months is in the 79 national security interests of the United States and Haiti, and 80 WHEREAS, there is bipartisan support for a generous 81 extension of Haiti ' s Temporary Protected Status designation, 82 NOW, THEREFORE, 83 84 Be It Resolved by the Legislature of the State of Florida: 85 86 That President of the United States Donald Trump and Acting 87 Secretary of the Department of Homeland Security Elaine Duke are 88 respectfully urged to extend Haiti ' s Temporary Protected Status 89 for at least 18 months beyond its current January 22, 2018, 90 expiration date . 91 BE IT FURTHER RESOLVED that copies of this memorial be 92 dispatched to the President of the United States, to the 93 President of the United States Senate, to the Speaker of the 94 United States House of Representatives, and to each member of 95 the Florida delegation to the United States Congress . Page 4of4 CODING: Words&tr4eq are deletions; words underlined are additions. hm0263-00 Page 1530 of 1712 12.C. NEW BUSINESS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. EXPLANATION OF REQUEST: The City of Boynton Beach currently has ten boards, excluding the three pension boards. The boards are established by Ordinance or Resolution that outlines the duties and responsibilities of each board, qualifications to become a board member, terms of each seat on the board and attendance requirements. The Commission requested discussion on the boards to establish the policies and procedures for appointments and service on each board and to consistently apply the regulations. (See attached table of information) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Boards are advisory to the Commission and any clarification of duties and responsibilities of a board and its members will enhance their effectiveness and value to the Commission and the community as a whole. FISCAL IMPACT: Non-budgeted The boards and their functions are not budgeted. Board members are volunteers. ALTERNATIVES: Maintain the status quo Create a common attendance policy and criteria for any excused absences Establish member qualifications that apply to all boards Outline specific qualifications for specific boards Change the application form. Request resumes with all applications Address the 3 year sanction if removed from a board Establish new rotation of appointments process Clarify service on two or more boards Establish date for reappointments for term expirations STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 1531 of 1712 Grant Amount: ATTACHMENTS: Type Description D Other TABLE OF BOARDS D Other Attendance Code of CRd D Ordinance Ord Arts Commission D Ordinance Ords Building Board of Adj and Apis D Resolution Reso CRAAB D Resolution Reso Citizens Oversight Committee D Ordinance Ord ® Educ and Yuth Adv Bd D Ordinance Ord Golf Course Committee D Ordinance Ord ® Historic Resource Preservation Bd D Ordinance Ord ® Library Bd D Ordinance Ord ® In and Dev Bd D Ordinance Ord ® Rec and Parks Bd. D Ordinance Ord ® Senior Adv Bd D Addendum Municipal Survey on Boards 2010 D Other Municipal Survey on Boards 2001 D Addendum History of discusssion on adv bd appts D Minutes Minute excerpts from 1973 to 2017 Page 1532 of 1712 v • > ,� \ C = e % a CL % / I 41 0 t CL / / _ / ) / CL u S o 3 u U ) / a CL D > < f y 5 q Q 1 \ 2 = g e R = 3 > e W Q)M _ % / e c u « u 3 g V) s o u > o •- ° M .g u k > L u o m . = u m 3 = -0 ® c ' 0 J q t & E = 2 = LO ® 7 \ '� \ E § / £ t » e o E c ( 2 u % $ ® \ U 0 E $ t t t (U Q) u e » / L m E » = g e t o e = e u E@ \ — x u o 0 5 © ° LA — 3 t c t = O § / 3 e a e s 3 E E f G t \ u % $ ¢ m 5 = _ > _ ® 9 u u m = d o a = _ _ = u u > e E _ = 0 2 3 < > C / \ \ 2 / < ) u \ 5 ( { 2 / 3 § / ± / I 3 2 @ > � = 0 = > 4� m u » 7 > / : ° s / \ t \ f 2 2 ) 3 / e k u § .. e 2 # / / Ln � / \ § \ C cu ( R ƒ > \ / 0 3 ƒ > / / > 2 E E \ 0 0 } > G 5 E Ln c cz % 0 0 C14 z z E ® / / \ % o o . M m z z % W » L » @ $ \ c 7 e e e 9 ia 9 ® G » O\ r-i \/ nf / C14 @ % % 2 o � m o e ® C14 u / / \ / » 9 ° § t 5 e 2 '/° my / Q 0 ® \ c2n < < 2 m n E / � : _ < / § § 0 < \ d < § \ 0 G 0 U � \ f c G \ 3 C L CL / B 5 L'un d Ct CL ƒ 0- e e � / \ N � o § t / o co -r- E 0 LO ® ° ¢ ai 9 . 0 I > > - k ( k / o k � aj cu / § { \ k c) E \ ± f f ± t $ \ \ \ / 'e > - E o ® -0 c w = $ o c c v ƒ \ \ / E £ $ \ � § \ -0 / / o f \ -0 § \ -0 E ® / Ln % G ■ r4 m r*4 E \ V) \ / m Ln % U t cr- @ m c L 7 \ = R = m o // cr 2 / Q @ o q \ 2 » } \ / 0 / k / /u CL Ln CL E N CJ 4-1 r1i r14 cu tw it 00 m Ln cu �. `_ E a L O o o `° °' E O Qj c 6 'N 'rc U L 2 � C) U = j +� O u L a) u '� a) " � 'ra U u �= v E o Ln C7 m w Q E +, w U > — U ro +J ca U w 0 E + C! CL E E E CL au w a) m U U U owC N ti pip T T fB 4-- Ca) llp �, y.., E (D O N -0 O C C E ++ U 7al a) C O O '�, LO m u fl +' Q E E V) ;' vu 0) ui O_ � N a) a) a) L CU O uC: U C a) a) a) O( a �� to 2 c0 m T a V) O o aa)) a! U C -O U 6 4O C '_O i 7 a O a) +' V) N ca O +- V on U a v L w U w a U U L L L � c-I r-i '�•-I Q O L LIn L L N M N o ba a) St W r- n u U C m fn C O O r-A "5 p O O N N +O+ \ tD N i N lD O O O C m > m E O Ln a o (� L m O > U ZS C m a 0 m cr ro Ln m Print Boynton Beach, FL Code of Ordinances Sec. 2-16. City boards and commissions; minimum qualifications for appointment, membership. (a) In order to qualify for appointment to and to serve as a member of any board or committee of the city, an individual must be an elector of Palm Beach County, Florida. (b) In selecting individuals to serve on boards and committees of the city, preference shall be given to individuals who are residents of the City of Boynton Beach, provided however, that non-residents who own and operate businesses located within the city may also qualify for appointment provided they possess qualifications or experience uniquely suited to deal with the subject matter over which the board or committee has subject matter review or power. (c) No currently serving member of any board or committee shall be disqualified for falling to meet the minimum qualifications set forth in this section. However, at the expiration of the term of each current board of committee member, the vacancy created by that expiring term shall be filled with an individual qualified in accordance with the provisions of this section. (d) Notwithstanding any other provision of city code or procedural rule, no alternate member of any city board may serve in the capacity of its Chairperson, Vice Chair, Chair Pro-Tem, or hold any other office on said board. (e) No alternate member may be moved to a regular member of the Board unless appointed by the City Commission. (fl When a member of any Board,with the exception of those Boards that have regularly scheduled meetings more than once a month, has missed three regular monthly meetings for any reason within one annual board term, that member will be notified that one additional absence will cause his/her Board membership to be terminated and a replacement will be appointed at the time of the next absence. Those boards that have regularly scheduled meetings more than once a month shall be permitted to have six absences during any one annual board term. The seventh absence shall result in removal from the board. (g) No person shall be appointed to a City Board without the person first submitting an application for appointment.No application for appointment shall be considered by the City Commission until the application form has been fully completed and signed by the applicant. All applications for appointment to a City Board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness prior to submitting them to the City Commissioners for consideration. (1) Prior to appointment, a City Commissioner may request written confirmation of the qualifications listed by any applicant for appointment. When a request for confirmation of the qualifications is made by a City Commissioner prior to appointment, the appointment shall be delayed until the information requested is submitted and made available to the members of the 'City Commission. No person shall be appointed to a City Board when that person is unable to substantiate the qualifications listed on their application. Page 1537 of 1712 (2) A member of the City Commission may request written confirmation of qualifications of a person who has been appointed by the Commission to a City Board. A request for confirmation shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written request to the Board member. A copy of the Clerk's written request shall be provided to all members of the City Commission. (3) Except as otherwise provided by law, a Board member who does not submit documentation of the qualifications listed on the Board member's application for appointment within thirty (30) days of receipt of the Clerk's written request, or who submits documentation which contradicts, negates, or fails to substantiate the information listed on the Board member's application shall automatically be removed from their Board position. (4) A person who is removed from a City Board pursuant to the procedures set forth in this section shall not be subject to reappointment to any City Board for a period of thirty-six(36) months. (i) The City Commission shall fill vacancies on city boards by making appointments in December following the city's November commission elections, commencing with the City Commission election of November, 2007. To the extent necessary to transition from April to November appointment, the term of office for any board appointee which would expire in April, 2008 or any April thereafter shall instead expire in the preceding November. (Ord.No. 90-11, §§ 1-3, 6-19-90; Ord. No. 98-48, § 1, 12-15-98; Ord. No. 99-03, § 1, 1-19-99; Ord.No. 01-60, § 1, 12-18-01; Ord, No. 03-024, § 2, 6-17-03; Ord, No. 07-004, § 2, 1-16-07) Editor's note-Ord. No. 90-I1, §§ 1-3, adopted June 19, 1990, did not specifically amend the Code, but has been included as§2-16 by the editor. Cross references-Procedures for boards, commissions, etc., with independent purchasing authority, §2-61; code compliance board, §2-72 et seq,; building board of adjustment and appeals, § 5.153 et seq. ; cemetery,board of governors, § 6-4 et seq.; library board, § 12-1 et seq.;parks. and recreation board, § 16-1 et seq.; planning and zoning board, § 19-1 et seq. ; community appearance board, § 19-38 et seq .; technical review board, § 19-63 et seq. See. 2-17. City boards, appointment of alternate members. All boards of the city with seven(7) or more members, shall have a minimum of two (2) alternate members, to be appointed by the city commission. All boards of the city with less than seven (7) members, shall have a minimum of one (1) alternate member, to be appointed by the city commission. The alternate members shall hold the same general qualifications as regular members to be eligible for appointment. The term of alternate members, if not otherwise provided, shall be for one (1) year and such appointees may be reappointed. (Ord, No. 92-55, § 1, 11-17-92) Editor's note-Ord. No. 92-55, § 1, adopted Nov. 17, 1992, enacted provisions pertaining to appointment of alternate members to city boards. Such provisions have been designated by the editor as ¢2-17. Page 1538 of 1712 1 ORDINANCE 04-0:31 I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMEN-DING CHAPTER 2, ARTICLE IX, 5 BOYNTON BEACH ARTS COMMISSION, SECTION 2-156 6 "ORGANIZATION", FOR PURPOSES OF CLARIFICATION 7 AND CONSISTENCY; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 9 DATE. to 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to amend i 12 Chapter 2-156 (c) and (d), Organization of the Boynton Beach Arts Commission, to correctly 13 reflect qualifications and appointments consistent with other Board appointments; and 14 WHEREAS, the City Commission of the City of Boynton Beach has determined that the 15 enactment of this Ordinance is in the best interests of the citizens of the City of Boynton 16 Beach; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 1s CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing Whereas clauses are true and correct and are now ratified and 20 confirmed by the Commission. 21 Section 2. That Chapter 2, Article IX. Boynton Beach Arts Commission, Section 2-156 is 22 hereby amended by adding the words and figures in underlined type, and by deleting the 23 words and figures in struck-through type, as follows: 24 I Sec. 2-156 Organization, 25 II 26 (a) The Arts Commission ... 27 28 I III' (b) Tji—rr efnbei-s of tcr['e 6tfts C—emfnissiafl simr be appeiflted by the City i 29 ag 30 II . . Ail membefs Fnay be a ppainted at tile pleasure , 32number- of teiz they may sefve. (:.`,.Docamnerts and Setting \lamanunr.C[']'Y\L(Kal SettinQi\Cempoiary Inteinel Pi1es\0LRI20\Revised Arts C:onnnissinn.dcS_�G';k>i-3ec[it3ar . . . i Page 1539 of 1 12 I The Arts Commission shall be comprised of seven (7) permanent members, and two 2 (2) alternate members all to be appointed by the City Commission. Of the members 3 so appointed three (3) shall be for a term of three (3) years two (2) shall be for a term 4 of two (2) years and two (2) shall be for a term of one (1) year. Their successors 5 shall be appointed for a term of three (3) years. Alternate members shall be appointed 6 for a period of one (1) year, All members may be reappointed at the pleasure of the 7 City, Commission at the termination of their appointment with no limit as to the 8 number of terns they may serve. I 9 10 (c) Appointees to the Arts Commission shall be eitizens residents or business 11 owners preferably with the following background: Artist, art volunteer/activist; 12 planner; private developer; architect; neighborhood association member; interested 13 citizen. 14 j 15 (d) At the organizational meeting of the arts commission a chairperson and vice- 16 chairperson shall be selected by majority vote of the arts commission. The 17 chairperson and vice-chairperson shall be selected annually at the anniversary of the 18 first meeting of the arts commission, or at the '`Tome=-May meeting of the arts 19 commission. 20 21 Section 3. Each and every other provision of the Chapter 2 of the Code of Ordinances not 22 herein specifically amended, shall remain in full force and effect as originally adopted. I I 23 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 24 with any provisions of this ordinance are hereby repealed. 25 Section 5. Should any section or provision of this Ordinance or any portion thereof be 26 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 27 remainder of this Ordinance. 28 Section 6. Authority is hereby given to codify this Ordinance. I 29 Section 7. This Ordinance shall become effective immediately. 30 FIRST READING this& day of Apr; , 2004. 31 32 33 C::\Documtnts ano Settings\lamanuar('1']'Y\Local Settin Qs\Iempora:v Internet Files\OLKI?0\Revised Arts C:ommis.ion.doc': Page 1540 of 17112 1 SECOND, FINAL READING AND PASSAGE this 4 day of M A!tj , 2 3 2004. 4 CIT OF BOYNTON BEA H, FLORIDA 6 7 or 9 0 10 Vice M 12 13ommission 14 ? 15 16 ATTEST: Conunis sioner .. 17 18 19 City Plerk Commission— - - `-- -_ i I i I *q ' (::�Ducumen[s tnd SettineiUamannar('fl'l'1Ltxal Set[in ��fzrr�c�rar�hntrnet F•le5\OLK1?I>1Re�i5ed Arts C:�nunis>icin.doc': Page 1541 of 176 n J V ORDINANCE NO. 01-44 AN. ORDINANCE OF THE CITY COMMISSION OF THE . CITY .O:F BOYNTON . BEACH., FLORIDA, AMENDING CHAPTER 2, CREATING : A NEW ARTICLE IX; OF THE CODE OF ORDINANCES TO PROVIDE FOR THE CREATION AND ESTA$LLSHMENT OF THE BOYNTON . BEACH ARTS CO M'MISS.ION; PROVIDING FOR THE PURPQSE.. AND DUTIES OF THE ARTS CifaUlly1.1 5iON.; PROVIDING FOR THE 01143 ZATION OF THE ARTS COMMISSIONY PROVIDING FOR MEETINGS OF .THE ARTS CO.1tlIMISSI0N; :PROVIDING FOR THE: POWERS; P 'VF10{T-4,G: FOR COhFL1CTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, a Strategic Initiative Team has advised that establishing an Arts Commission would .assist in the development of a Community Identity ' f the City; and WHEREAS, the City Commission of the City of Boynton Beach deems �t to be in.the best interests of the general welfare of the citizens of Boynton Beach to provide this public service to the community. NOW, THEREFORE,-BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT, Section 1. That Part 1; Chapter 2, Article IX, is hereby created as follows: ARTICLE IX. BOYNTON BEACH ARTS COMMISSION. Sec. 2=154 Creation of Commission. The city commission, in accordance with the powers vested. in it, hereby creates and establishes the Boynton Beach Arts :Commission, hereinafter referred to as the arts commission". �...:.. :1CA\Ordinances\Administrative\ATts ComrWsslon 0rd.rev1210o3.doc 1 Page 1542 of 17 2 I 7 3 r r 1 1 f T- Sec. 2-155 Purpose and Duties (a}: The purpose of the arts commission.is to advise the City Commission on`matters related .to the arts, to deuelop a plan .and :pro,grarris to pro.mote :and`sU' pport art in .public places, and to recomMend guidelines and funding.for:irppleinentation. (b) It shall be the duty of the: arts coM issio.n to. act as .an. Advisory :5-pard, to the City. q Mi.ssio.n, . in; .providing advice.on matters: relating to the is. (c) The artscommission magi develop a public .art plan and program for the city. (d) . The arts commission may recommend funding sources including private sources and grant. funds; encourage public and private partnerships in the, arts; .review and make recommendations ,on .proposals for art work for public buildings and public spaces;. encourage the flow of art into the city; stimulate art related activities and events; study issues related to art and implement art programs as delegated to it by the City Commission from time to time. (e) The arts commission shall periodically advise the city commission of its findings or proposals.with respect. to the foregoing issues and make recommendations to the city commission on any matter referred to it within as much time prescr'r#3ed by the city commission. Sec. 2-156 Organization. (a) The Arts Commission shallconsist of seven (7) regular members and two (2). alternate members and serve at the pleasure of the City Commission. (b) All .members of the Arts Commission shall be appointed by the City Commission for three-year staggered terms.. The 'two (2) alternate members shall be appointed to one-year terms. All. members may be reappointed at the pleasure of the city commission at the termination of their appointment, with, no limit as to the number of terms they may serve. S:\CA\Ordi4atme AdiniuistrativeV rls Comrdssioa Ord mv121001.doc 2 Page 1543 of 17 112 (c) Appointees to the Arts Commission shall be citizens or., business owners .preferably with the following background: Artist, art volunteerlactivist; planner; private Bevel :p.er; . architect; neighborhood association member; interested citizen.. (d) At. . the organizational meeting of the arts commission a.chairperson and vice-chairperson shall be selected by:majority vote of. the arts commission.. .Tfie.chairperson and vice-c-hairperson shall..be selected:_.annualljr:aC the anniversary of the first;;meetng: of .the:;arts comrtitiasFo:ra,. or at. the November meeting of the arts aornmission Sec... 157 'Meetings. The Arts Commission shall meet at an appropriate place and shall arrange a time for holding:regular meetings of the arts commission, .and for such other meetings as.shall be necessary, and it may add 'to such rules of organization, regulation and procedure as.it. may deem necessary,and determine the duties of its members and officers. Other specificafiions for conducting meetings, such as the number needed :for a quorum, shall be in conformance with Section 166.041(4), Florida Statutes. Sec. 2-158 'Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the. city commission, or as a delegation.to the .arts commission of any of the authority or discretionary powers vested and imposed by law in the city commission. The city commission declares that public interest, convenience and welfare required the appointment of the arts commission, to act. in a purely advisory .capacity to the city commission:for the purposes ;set forth in this`article. Any power delegated here to the arts commission to adopt rules and regulations shall ;not be construed as a delegation of legislative authority, but purely a delegation of legislative authority. Section :2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. s:1CA10rdinances\AdministrativeVjM C=ni dm Ord rev121001.dw 3 Page 1544 of 1 12 r # T, Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence.or word be declared. by a court of competent jurisdiction to be invalid, such . decision shall not affect the remainder of.this ordinance. Section.4. Authority is hereby granted to codify said ordinance. .Sectian:5. This �ordinance shall become effective ,immediately .upon passage FIRST READING this t.$. day of ftmApe001 . SECOND, : .FINAL READING AND PASSAGE this day. of 2002. CITY 0 BOY TO B CH, FLORIDA M or V ce ommi 10' ATTEST: mmissio-ner K Ci Cle� �t� ctt�edtlCommissioner """"asoma ANss �9ry 121001 0 g y _ 9 zoo a i •. IGA\Or&nawmVdm®3trativa\Artscomissionoranvinoo1.ac 4 Page 1545 of 1 12 i BOYNTON BEACH ADMINISTRATIVE to the 2010 FLORIDA IL I ORDINANCE NO. 12-003 EFFECTIVE MARCH 6th, 2012 BEGINNING WITH PERMIT NO. 12-0923 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office (561) 742-6357 Fax This document can be downloaded online— at no charge—by visiting the "Forms & Publications"section of the Building Division page on the City of Boynton Beach website at.www.boynton-beach.org Page 1546 of 1712 TABLE OF CONTENTS ADMINISTRATIVE CODE (Applies to all Construction Codes) Chapter 1 Administration Section Page 101 GENERAL... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ..... 3 102 APPLICABILITY... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5 103 BUILDING DIVISION... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...8 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL... ... ... ... ... ... ... ... ...8 105 PERMITS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ...... 10 106 FLOOR AND ROOF DESIGN LOADS... ... ... ......... ... ... ... ... ... ...... ... ... ... . 18 107 CONSTRUCTION DOCUMENTS... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ..... 18 108 TEMPORARY STRUCTURES AND USES... ... ... ... ... ... ... ... ... ... 109 FEES... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 30 110 INSPECTIONS... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... .....31 111 CER T IFiCATES OF OCCUPANCY AND COMPLETION... ... ... ... ... ... ... .....39 112 SERVICE UTILITIES... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 41 113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS... ... ... ... ... ... ... ... .42 114 VIOLATIONS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 44 115 STOP WORK ORDERS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 45 116 UNSAFE STRUCTURES AND EQUIPMENT... ... ... ... ... ... ... ... ... ... ... ... .... 45 117 TESTS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 47 118 WIND LOADS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 47 119 SEVERABILITY... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .47 2 Page 1547 of 1712 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 113.2.2 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 116.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 42 Page 1548 of 1712 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 43 Page 1549 of 1712 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence be provided by an architect or engineer registered in the State of Florida, in which case said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances, rules and regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of applicable codes, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of 962 Florida Statutes Part / shall be authorized 44 Page 1550 of 1712 I ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 -- BUILD.INGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE XI . BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SECTION 5-153 ESTABLISHED; COMPOSITION APPOINTMENT; REMOVAL. TO PROVIDE THAT ALL MEMBERS OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS SHALL SERVE STAGGERED TERMS RANGING FROM ONE TO THREE; YEARS, TO BE FOLLOWED BY TERMS OF THREE (3 ) YEARS THEREAFTER, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE'; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1 : Chapter 5 - Buildings, Housing and Construction Regulations, Article XI . Building Board of Adjustments and Appeals, Section 5-153 . Established; com- position; appointment; removal . of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to read as follows: There is hereby created and established a board designated as the Building Board of Adjustments and Appeals, which shall consist of five (5) members, all of whom shall be residents and electors of the City, who shall be appointed by the City Councilrtr- t- -o - - ea - ve-elate--�r€- aim* One member shall serve for a term of one (1) year from the date of appointment; two memebers shall serve for a term of two (2) years from the date of appointment; two memebers shall serve for a term of three (3) years from the date of appointment. Vacancies created after expiration of these terms shall be filled by appoint- ments of three (3) . year terms. Said Board shall be comprised of citizens with sufficient knowledge and previous experience in the various trades connected with the building industry to be able to serve com- petently and efficiently. If a vacancy shall occur on the Board, same shall be filled by appointment by the City Council . Members of the Board may be removed by a majority vote of the total members of the City Council . In addition to the regular Board members , there may be appointed two (2) additional members to be designated as alternate members to serve at meetings of the Board in the absence of regular Board members. One alternate shall serve for a term of one (1) year from the date of appointment; the other alternate shall serve forla term of two (2) years from the date 'of appointment, age 1551 of 712 i f�a Section 4: Authority \is hereby give to codify this Ordinance. Section 5-: This Ordinance shall become effective immediately upon its passage. FIRST READING this Z:e46 day of 19$� SECOND READING AND FINAL PASSAGE this ,a6eo-� day of 198-4-. CITY OF BOYNTON BEACH, FLORIDA. OR VICE MAYOR COUNCT EP4BER CIL E 'IBE COUNCIL MEMBER ATTEST: CITY VLERK (Corp. Seal) Page 1552 of 1712 F' ORDINANCE NO. Jtp u; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 - BUILDINGS, HOUSING AND CONSTRUCTION - REGULATIONS, ARTICLE II. BUILDING BOARD OF ADJUSTMENTS AND I APPEALS , SECTION 5-1.53 ESTABLISHED; E; COMPOSITION; APPOINTMENT; REMOVAL. TO PROVIDE THAT ALL MEMBERSOFTHE BUILDING BOARD OF ADJUSTMENTS AND APPEALS SHALL BE RESIDENTS AND. ELECTORS OF THE CITY OF BOYNTON BEACH, PROVIDING A CONFLICTS i' CLAUSE., A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: It E Section 1: Chapter S - Buildings, Housing and i P p Construction Regulations, Article II . Building Board of Adjust- ments and Appeals, Section 5-153. Established; composition; appointment; removal. of. the Code of Ordinances, City of Boynton Beach, Florida, 'is hereby amended to read as follows: There is hereby created and established E, a board designated as the Building Board ,.of Adjustments and Appeals , which shall consist of five (5) members, all of whom shall be residents and electors f of the City, who shall be appointed by the City Council to serve for terms of one year from the date of appointment. Said Board shall be compromised of citizens with sufficient knowledge and previous experience in the various trades connected with the building industry to be able to serve competently and efficiently. If a vacancy shall occur on the Board, same shall be filled by appointment by the City Council. Members of the Board may removed by a majority vote of the total members of the City Council. In addition to the regular Board members, there may be appointed two (2) additional members to be desig- nated as alternate members to serve at meetings of the Board in the absence of regular Board members. Section 2 : All ordinances or parts of ordinar 1.553 of 1712 I P a Section 4 : Authority is hereby given to codify this Ordinance. Section 5 : This Ordinance shall become effective immediately upon its passage. f� FIRST READING this 3AO day of . 1983 .. ,� - SECOND READING AND FINAL PASSAGE this 76k day I of 1983. CITY OF BOYNTON BEACH, FLpORIDA. PaV CE Y C NCIL MEMBER ZCNCIL ME R MEM ,r. ATTEST; C TY C (Corp. Seal) Page 1554 of 1 712 k !{ ORDINANCE NO. 77-5 ANOR.DINA NCE OF THE.C ITY OF BOYNTOIV BEA C I� :.FLORIDA AMENDING"THE FOLLOWING;SECTION. OF THE".C:ODIFIED ORDINANCES �OF THE CITY OF BOYNTON $EACH][; FLORIDA: SEC. '2 31 _A"ND. SEC.. 2--;33,PERTAINING TO LIBRARY BOARD: SEC. 2-41 PERTAZNTIG TO PLANNING "RNID ZONING BOARD: SEC. 245"1,; P.ERTAIN"ING ,TO RECREATION AND.PARKS j BOARD:: SUB,. SEC 1 , 1 AW 111."2 OF SEC. 5=2, P "RTAINING. TO BUILI]IN ``:BOARD OF AD: USTMEN.TS A7:�I� APPEALS' C. : i7"; ?PES TAIL N z tdik llt'T `-T A:L. r METE:RY".BUAR i, n:ND . SSC IQ¢A (1 A.P1'ETDU AZ , ONING RULA TIONS PERTA INIIVG TU BCJA { F ADdV 'I" NTS; O PROTIDE"F`OR LNIF.C}Rlul ' ERlVIS OF; Tf3E ME3` KERS O SAID .A.DMORY B.:OARD , PROVIDING k"OR SA UINCYS CLA USE REPE k--NG-PROZJSION, AN EFFECTISlE TATE VD--F OROTHE`R PU'RPOS'ES. l WP[EREA'S: tho City Couric l of the.Cityof Boynton Beach, Florida, deems.'it. D>noper ;fxth.e efficient operation and administration of the 'municipal government that yar, s: of the ap'pointe.d citizen advisory boards consist of members,. the terms ---of. which shall be: uniform, and .that necessary am.endmen s to existing ordinar ce.s be, enacted:,to. cagy .sa.id purpose and` intent into effect; NOW,: THEREFORE,, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH : FLORID-A. Sectig.n. -I.: That Section '2- 31 of the'`cod:if.ied ordinances of the City of Boynton Beac.h,::F'lori:da, . pertaining to the Municipal Library Board, be and the same is: hereby.,amended to read: "Section 2-3.1. Creation; Members; Terms. There ,is hereby established a L.ibrary..Board, hereinafter referred to as ""Board". The Board shall consist of seven (7) me cxibers who shall be appointed by the City Council to serve for terms of one (1) .year from date of appointment. In the case ofvacancy by resignation, removal" or otherwise., the City Council "shall fill;-s'uc'h:.vacancy by .app.ointm:e.nt.. " Page 1555 of 712 Planning and Zoning-Board, be .and the same are hereby amended to read: Pursuant to the.provisions:of Section 23 of the Chaster of the City -of Boynton Beach, Florida; ':there is hereby created a Municipal Planning. and Zoning Board, which shall consist of seven (7) members to be appointed by the City Cnur1ciJ, to ,serve.for terms 'of.one (1) year'-fr'o.idi date_ of appointment. if a vacancy shall occur on said Board, same shall be frilled by appointment by the City Council. Member.s ;of the Board maybe-removed by a majority vote o F¢ the total members of:tlaeC:ity .Council:." Section. 8: Section 2- 51 of the codified .ordiz ar ces of the City of Boynto .ucaCi'3, .YLGLida, pertairaing. to EAecr.eation anu.Parka Board, be and she sallle Is hereby amended to read: "Section. 2-51. Creation; Members; Qualifications. There is hereby established a Recreation and Parks Board, hereinafter referred to as "Board.".. which Board shall consist of seven (7) members. The City Council shall appoint the members of said Board, which shall .serve for terms of one (1) year from date of appointment. Members of the Board shall be residents of the City of Boynton Beach, Florida. " Section 4: Subsection 111. 1 of Section 5-2 of the codified ordinances of the City of. Boynton Beach, Florida, pertaining to the Building Board of Ad- justyynents and Appeals, be and the same is hereby amended to read "There is hereby created and established a Board designated as the Building Board of Adjustments and Appeals, wh.irch shall consist of five (5) members, who. shall be appointed by the. City Council to serve for terms of one (1) year from date r of appointment. Said Board shall.,be comprised of citizens with sufficient know- ledge and previous experience .in the various trades connected with the building Pagel556 of 712 Subsection 111. 2 of Section 5-2 of. the coded ordinances of the. City of ( Boynton Beach., Florida, be:.:and:the same.lb hereby repealed in its entirety. � Section 5:; The first paragraph. of Section 6-17of the,cod:Lfiecl ordinanc s of the City. of.Boynton Beach, Florida, pertaining to the Munic.,L�al Cemetery Board, be and the same.: is hereby amended to read "''.here -.is hereby Create&and established 'a Board of Governors of the Iv[unicpal .Cemetery Fund, which shall consist of the City Clerk and: fide (5) other persons, who shall be appointed by the. City'Cotmcil to serve for terms o one (1) year frons date of appointment. Four (4) members of the Board shall constitute a -uorurn: The Board shall have the r;igh t=; establish .rules and regulations for the -manageriment and. control of any cemetery:owned and operated by the City, and for the conduct of the Board's business, not inconsistent, however, with the :provis.ioris of this .artic.le, and in .addition thereto, shall comply with, abide by.and enforce the..provisions and conditions of, this article. Provided, however, that the. Board shall have no right, power or authority to contract for expenditures, or to expend any .money except insofar as .permiss-Lcn to do so shall have, been granted by Motion or Resolution. of the City'Council. Section 6:, Szbsection AO ) of Section 10 Appendix A to the Zoning Regulations of the codified ordinances of the City of BoyntonBeach, Florida pertaining to the Municipal Board of Adjustment be and the same is hereby, amended to read: "Section 10. Board of Adjustments. A. Composition and Procedure. 1. The Board of Adjustments shall cbhs.ist. of seven (7) regular mem- bers and not mo.r.e than two. (2) alternate members, who shall be. appointed by +hP (~iter all IF' 1—k1m akoll cov. 4' ,v v ,. --- 1, X t_.. Pie 15 7yof 7I2 Boards shall.terminate on the effective date of this ordinance. The rnerxzbers C of said Boards shall thereup:an be appointed by the City Council in accordance with the provisions of: this. ordinance.: The terms of Board`:baembersapp6intei. i in 1977 shall expire on ,,January 2,: 1978. S-ectioa 8 Sep:arabitity: Each of the provisions of this ordinance is separable, incl-4d ng.:word,; clause, phrase or sentence, and if any portion , hereof shall be declared 1hvalidX. the remaining portion -shall not.be affected but, shall ren alp.. q-f•ull force and effect. Section 9: Repealing Provision. A11 ordinances of parts. of ordinances in conflict herewith are.hereby repealed. . Section 'v: An.Effective %gate:: This ordinance shall become effective .in the manner and at the time provided by law. Section 11: This ordinance is adopted i pursuant to the. provisions of Section 23 of.the Codified Charter of the City of Boynton Beach, Florida. . First reading this 18th day of January, A. D. 1977. Second, final reading and .passage, this day of , A. D. , 1977. CITY OF BOYNTON BEACH, FLORIDA I Mayor Vice�yor Cou.nc imember Councilmeraber Page 1558 of 1712 ORDIL�'ANCE NO.,;.76.-11 . �- AN ORDINANCE.PF T'EIE;.CITY OF`BOYNTON BEACH, 1 FLORIDA, 00W- SHIN'G THE BUILDING ELECTRICAL . AND P'LUMB]N(3 AND MECHANICAT,:i1XAM NING BOARDS OF SAID-CITY AM,.:CKLIEU THEREO , THE . s', BLFILDINC BOAR.Ok`.:4I7iUS'77iENTG AND.�4P�ALS,, PROM- `k')Jji iiA:F41FJ-APPQIN T.AND:TERMS :�.. OF;OFFI6 :6 ` $E f ICS»QF"SAM OA iII; FURTIIER SBTT. 10. UT1ES:'A1 ,1 ESRQI�T IBIF,IT S, r.FI1RE01 .' 77.!PROID ( I�dB:�X SAVIk :CLiU , RE- P'EAIrIIs7�'-EFi4iTIS,T(�l�s;''AQBI`.fY�ti'C�" D3FY;'AN EFFECTT '.bE TE,AND I;eRPUawSES:. BE IT ORDAINED BY.THE:CITY COUNCIL OF THE CITY OF.BOYNTON BEACH, FLORIDA: Section 1s Subsection-111 of-Section 5-2 of Chapter 5 of the Codified Ordi- nances.of#lie City of.Boynton Beach,:Florida, is hereby amended to read-as follows:, i=I "Seciion..111.: Buildin 'Board.of.Ad�ustmente= and Appeals; 111.1 ,ESTABLISHED; .C01MPOSITION,• APPOINTMENT j There is hereby created.and.established a board designated as the I' Buildin Board:of Ad'ustments'snd Appeals which'shall consist of five (5) g 7 pp. . members, who shall.be appointed by:and serve at the pleasure of the City. Council.:'.Said.Boai rd shall.be composed,of architects; engineers, general con= tractors.and:other citizens with sufficient kno4ledge and previous experience j in the various tradea:connected.with.the building industry to.be able.to serve competently and efficiently. 111.2 TERM OF OFFICE; ALTERNA'T'E. MEMBERS;:.VACANCIES Of the:members first appointed to the Building Board:of Adjustments and Appeals;one ,(L)'shali serve:for one (1) year, two'(2)`shall serve for two (2) years, and two (2} shall serve fox three (3) years. Thereafter, member 'oh 'be appointed for three (3) year terms. In addition to the regular, Board.mem- (} . bars., there shall be appointed:.two (2) additional miembers to be designated as alternate members to serve at meetings of-the Board when necessary. Alternat membexs ehali'serve for.two ,(2) years. Vacanciee.shaU,be.filled for an unex- . lit . ��'� pired term:iii the manner in-which.original appoiutmenta_are required to be ;. made. C62itiuued absence of anymember from regular meetings of the Board . i shall, at.the discretion of the City.Council,.render avj such member liable to 'F immediate•removal from office. II II 11f..3 .QUOR.UM ! f Four (4) members of the Board.shall constitute a quorum. In varying:th application of any provisions,of this,Code or,in modifying an order,of the Building Official, affirmative votes of.the majority present, .but not less.than . four (4)-affirmative votes shall be required. No member shall act in a,case in which he or she has a personal interest. n; d ,r i Page 1559 of 17 2 111.4 ORGANIZATION ,The board shall select.iter Qwn chairman and vice ch :at;an..Olecti-© beginnixig at date of organizafos and annually thereafter the Budding Offi- sial shall set=.aa,secretary,of the Board and.shall.:�ake;a,detaited,record of :ail ,of its:proceedings, which shall set^forth the reasons for its deeisione, the vote of each member pastieipating.thenein,..the .absen.00f.a member arxd aiiy, failure �P of a member'to vote. i II.S .Pii O;C DURAI.;.RULk)S;';.DliE2;TINGS. The Boaref ai=11 establish rules.and.regulations fomite own,procedure. not inconsistefit $provys oris of this Code;.'The Board shall.M.16 at regular%ntewaals,to bo determ}na by the ehazrman,:orin.any event, .the } board shall.ra etwitbin ten :,(1B} days after.; otice:of.appeal h&s been:received.7. ' S.ectioII. 2 Subsection.11 of'Secti6ii 5�-2.of Chapter.5.of the Codifted.Ordi- nances of the City:of Moynton Beach, Florida:, is Hereby amended to read-"follows:. '!Section 112. Appeals,to:Buil ding_Board of AdjA tmeata :and Appeals. 114]'A..RIGHT TO.APPEAL + Whenever.the Building Official shall reject,or refuse to,approve the mode gar. manner of construction proposed to be'followed, or material to be used in the erection or alteration o)'a building or structure; or when itis claimed that-the rovisiona of this Code do not apply, or.that an a uall good - P . . equally,Y: a} or more desirable form of construction can be,employed in any speq:c.case, (f or.when,it is claimed that the.true.latent and.meaning.of this.Code:or any of the regulaiaons thereunder have been misconstrued-or wrongly.interpreted, II(� the owner.of auch,building or structure, or his duly authorized agent, 'may appeal from the.decision af,the Building Official to the Building:Board of Adjus - 4.., menta and Appeals. . ' 112.2 NOTICE OF: APREAL, .TIlIiE-LTAQIT; ;EFFECT (a) ,Notice of.appeal.shall,be in writing on forms.prescribed by the Board and!flied within thirty (30) days•after the decision is rendered by.the. Building,Official. .A Aling:fee in the amount of Twenty Five Dollars (.$25.0.0) Pl shall,accom an such notice of appeal. The noticebf. accompany y° PP appeal shall contain: (1) A cleax and concise statement:of the..order and decision.of the.Building.Official sought to be reviewed and the date thereof. i .(2) The:reasons for which the appeal is,taken and a definite.and detailed..statemeiit:of the relief sought.from the..Building.Board of Adjust men(s.axd.Appeals I; js (3) The not ce of:appeal.shall:be signed by the appellant or his i duly authorized agent:, and it shall have.appended,to it Dopier.of,any plaIIis, drawings, rules or regulations=or'other documents which would t be pertinent aad.material to.the hearing of the appeal. (b) In case ofa building or structure which, in the opinion of the Buildixig O�ficia],,is unsafe or dangerous, the Building.Official may,:in his II decision, limit the time for suchappeal to a.ehorter period. 4 (c) 'An.appeal.:to the Board shall not operate.as. supersedeas-or stay.of any proce�ding:or action of the Building Departnrie't'in the application or en- ..L forcement pf any provision of this Code or any of the rekulations,promulgated thereunder. i Ij� 2 Page 1560 of 1112 I 112.3 HEARING; NOTICE I Upon the fling of an•appeal,: the Board,sha]l set:a:date, time and place' III for:the,hearang.of the spatter to be rezngWzd, and not�.ee thereof,shail:be given in writing to the.pkrty,appealing .,At the'.appointed time:And place, the Board f may,hear and tale suc1;evidence as.it:feels.is necessary; and the proceedings shall be conducted in the manner prescribed by the rtlles:aad regulations of the Board; or,:in lieu ther•:eof, the Board may cine'' t;lthe proceediAga'im such order ae would px* de a faar;aiid.impartaa]`hearpng,:" "�. lection. 3.. SEubseciion 113 of.Seation_ $-2.of Chapter 5 of the Codified Ordi- I I:nances of the City of Boynton Beach, Florida, is lsereby amended to read aa,follows: "Section 113. Decisions. of Buildin Board of i -djustments and Appeals:.. ('a) The Building.Board of Adjustments.s d Appeals, when so appealed. to and after a.hearing., may vary.the application:af any provision of,this Code {1 to any particular,.ca.se when; in its 'the. to thereof,would do • manifest injustice,and would_lie contrary to:tiie spirit.and purpose of this Cod or public.'interest, or when, its its opinion, the interpretation of.the,Building Official should lie modified or reversed:: (b) A decision of.the Building,Board of Adjustments:and Appeals to va the apiplication of any provision.of this Code or to`mo4Uy an order of:the Build iaa9r Official shall specify in what.manner such yariat%oia,or modificadoc is made, the conditions,upon which it is.made and the reasons therefor. (c). Every decision of.the Building Board.of Adjustments and'Appeals shall be.final and,.binding sinless such decision is.appealed to a court of law. within thirty. (30) days.from the date it is rendered. It shall be in writh:ig:,and shall indicate the vote upon the decision. Every decision.shall.be.promptly filed in the office of the Building Official,.and shall be open to public inspec- tion, a:copy shall be sent by mail or otherwise.to thea 'pelant. (d) The Building.Board of Adjustments.and Appeala.shall, in every case, reach.a decision without unreasonable or..unnecessary delay. (e) If.a.decision of the Building.Board of Adjustments and Appeals re- verses or modifies a refusal, order, or disallowance of the.Building.OMcW,- i or variesthe application.of any provision of this Code; the:Building Official shall immediately take..action in accordance with such decision." Section 4: Subsection 114 of Section 5-2 of Chapter 5 of the Codified Ordi- nances of the.City of_Boynton Beach, Florida,.is hereby:arae sded'to read as follows, "Section 114, Violations and:penalties. Any:person. firm, corporation or agent who shallviolate a provision of this Code, or.fail to comply therewith, or with any of the requirements thereof;.or who shall erect, con trgct, alter, demolish or.move any structure, or has erected, constructed,-altered, repaired, moved or,demolished a build- ins or structure in,violation of a detailed:statement or drawing submitted and approved.thereunder,-shall be guilty ofa misdemeanor. Each such person shall be deemed guilty of a separate offense,for.e4ph and.every:day.or portion ! thereof during.which.any violation of any of the provisions of this.Code is ' committed;..or.continued:and.0 on conviction of an cviolation person: such er � P y:suh. .., p . shall be punished�within the limits and as proviiided?.by State Laws.:" f 3 Page 1561 of +2 I� fSection.5: Paragraph (18):of.Oubsection 825.3 of Section 5=2 of Chapter 5 of, I tlse C�vdiffedO�rel �nces of the City of Boyritoa Beach, Florida, is hereby a►heridecl;to I:read as'follows:. w68)...MEC9,ANICAL:-C.ONTRACTORS: EXAMINERS BOARD •i 7a1�1 u 1. iuE Boarei of Acljz#etgients an�1 A Opel of the Crt3r of Boyxtton , �� Beeks, )'lorxda, coashtt"te the Mechaucal Ccrtractora EA?R„nArs Bdard I, $ w of sand City jwhd all,refererices to the:Nteo�sa cal C`gntxabtoss Exam>nera:8Par-d CG.' aa ea 6fxus cr a-shall relate to:tb3i and l�: Appeals:" �y Secti.Qrs 8 Section 5A'-13 of Chapter 5A of the Cod fled Clzd artdes of filie City pp � of Boyis.ton Beach*Florida,;is"hereby:amen dr d'to:reacd*a--follows: „Sec. SPi ia. Buckling board. The Bdilc#ng,$oard..of A4justmeuts:-and.Appeals of.the City of Boyntoxi. Beaeh;'`Flor4'k, Shia cosi,stitute the.Building kivard,of said City;and:all re- ferenCes to the Building.board contained in:this Code-skull:`.relate to.tb.e '{ Building:Board,"of.Adjustinehis.and Appeals." Section 7:. Sections 5A-14.,: 5A-15.and 5A-16 of Chapter 5A of.the Codified Ord' �. naaces of the City. of Boynton Beach,, Florida,. are hereby repealed,.::.. f Section 8 Section 9�4.of Chapter 9,of the Codified Ordinances of the.City of Boyntpn Beach, Florida,.-is hereby amended to,read`.as follows: i, Mee. 9-4. Electrical board. �. . I'4... The Building Board of Adjustments and Appeals:of the City of Boynton Beach :Florida.'shall.constitute the Eleetitcal board of said City and allre-.. I �i fereixces to:the'Eleetrical board contained.in this Code eiiall relate tq the Building'Board of Adjustrisents and Appeals." Section.9 Section:9-14 of.Chapter 9.of,the Codiaed Ordinances of the.Cita of: Florida, is:hereb. amended to read as follows: Boynton Beach, y "Sec—A"14.. Revocation or suspension of electrical license: . Ik (a) :The Building Board of Adjustments and tlppeals of the City.of:B.oyn .; ton BeaeH, Florida; shall have the authority,'in addition to all.other.authority . rovide3 for i n::this chapter'' to.sub gena:an...orse anted a•License in accor- P P P Y gr li dance.with the.:proyisions of this chapter. The board may reuolse or Suspend. any.type,of electrical:license.granted;under this chapter,.if found guilty of an one or more of the.following acts or o4nissivas`, to wit: u. (1). :Fraud-to.deceit in obtaiming lois or its.certificate or license., or.both; (2) Negligence,.incorngetoncy or.misconduct in the practice of contracting.or installing.electrical'dvorl�contrary.to"the,city or National Electric Code: ;j 4 Page 1562_.of 1_... 2 1 r, (3) Fraudulent departure frriM,or disregard of plans.and speci.- 4 ficahons,in g material respect; wi thout canaeafi:`of t_.e:owner,or 4nis clesly authorized'riegre$etstat ye ` Such dega*ire shall:have to S ave be... approved by the building departmea't 121 writing. .. (b) Atyotae whose license has•been revoked, may again'be,licensed by,i: applying to the board.anti cArirnaitig to: eEton: -5 of;the Citj!..Electrical ' Code." Sef3�m:aQ Seofiaon.9-15 of ChapteF of the Godf�ed Ord�ztances of the City of r • r'Bgynton Beac$, Florida, is hereby•amended to read as follows: i ! ' "Sec 8,' 'Apgeale to$u�.lding':Baard.af:Adlustnients and:Appeals>. r'�, Alil Any person wh' aplal_ication for ants permit hereunder has been..re- fused qz w}�o'#eels aggrieved tC�.any deciston or action o£the building offi- tial ,.ar whcj may coitalder:that fthe;provisions of.,this Code do z-ot cover the. point.raised, or,,that any partaeular provision:,wo, dcause'miniifeat injury. to.... be done; may appeal-,to:tti'e:Building Board of Adjustments and Appeals.:in. writing in the manse dud sub bdtIh the;pzoq"sxoas set.fortli in Su s.eetion 112 of euec 5-2 of Chapter 5 of this Code." L: I. 1 SeetFoa rli: 'Subsectipa_113'of Section.22-2 o£Chapter 22.o€tte Codified Ordi-f. naaees:of.;theCity of Boynton Beech Florida, is lier6biy ameniied to read'as follows: . "Section.113. l'lumToin'g,board; The-Buildnng Board of`Adjustments apd Appeals af,the.Citg of Boynton Beach,.Florida, sball.constitute the•lhumbidg board'of said City and all re- ferencea to the Plumbing iooard contained in this,Code shall relate tco the'Build . I, ing Board;of Adj.ustments and.Eippeats. It shall`be the.duty of the Building Board p..Adjustments,and:AppealsIo prepake and administer'examinations.for a " i an�P ym., . luuiber". .wheue er such eAsminatfons are not available at dourte Palm ch County:Building a , oniing•Department,." SeGtian,;12.: Subsection 114 of Section 22-2 of Chaptez 22.af the;Codified Ordi j - - naoces:offthe.City_of Boynton Beach, Florida,.is hereby amended to read-as follows:: "Section 114. .-Appeals to Building:Board of Adjustments;anO.ARpWs,. The Building Board of.Adjuatments.and Appeals of-the City of Boynton Beach, Floridan.-shall hear'allappeals as set.forth ' the'following.sectio=a." I: Sectioo-;13. Subsection 115 of Section 22--2:of.Chapter 22•;of tt e;Codified Ordi- ' nancea of the City of Boyntoxa;Beach,Florida, is hereby:amended to:read as follows: j� "Section.115....Appellate :procedure. Whenever the Building.Official shall reject or.refuse to approve the .. mode or;maoner of.`coastructiotz of:proposed pldmbbig work;or of materials to be uaeci.io plumbing_work, or when it is.claimed.that the provisions.of,this. Code do riot apply or when it is claimed that-the:true'intent•.and.meaning of 1; this Code•,or any of the regulations thereunder have been misconstrued'or 1 Wrongly°.interpieted, ttae:owner.of the building-or his dulg authorized agent. may appeal from the.dec'ision,;of ihe_ toBuilding Official they Building Board of Adjuatmefits'and Appeals in:the manner and.subject i o--the:provi'sions set forth in.Subseedon 112 of Section:.5-Z of.Chapter 5.of:this'Code;" . II 4 •n •.. .:._.., ... ._ ....... -..... . ....v —::.I.f—..—sem-f i':r...,. � ,... _r .....:.._ _ ..... .. ... age.... ..-, —,r- of 1 it4 a .. :. L' Sectaon lu._ Sulise(:tion 116 of.Section 22-2 of;Chapter 22 of•the.'Codified Ordi' nances`of,the City of.Boyntgn,Beach, .1brida,:is.Iaerehy ame�d641 to read as.follows: "Section lib Desisioiae of:the _Buitdiii $oard :pf.Adjustments alj4t eala..' ,The,powere-of the•Ruilding,Board of Ailjustmeiita.andAppea s:of-the'. . City of Boynton:8eac]?.; Florida.;,and the effect of its deciea ns shidl be:as sit forth,:uaider Fhe.prov5rions:0Su. eeot#on iiS o£'$ec 5 2:of G`iiaper 5 of dais 'C SEc� on 15` .;Separabalzty:.Each of the prow awns;of ft'Ss Ordinarioe ax6 sepdr. ablpi,.including word chase, phrase or sentence, and._if any;portioif thereof.6hall- be"declared invalid; thererIi portion shall.not be:affeete'd but shall remains in f full fore a and effect.. " Sec€6n.16: ..:A,uthority JoCodify: Specific authority is liereby granted to eodi fy and incorporate this.Ordiriatice in'.the City's.eldsting.Code.. I:• Seotion.•11-. k..4*ealing';Provisions: All Ordinances or parts of.Ordinances in conflipt:herewith are hereby repealed. v Section-;I8:_..=eedve.Data:.' This Ordinance shall becwome effective in.the . �gaanner and:at thetime provided.by law. First reading this 17th day'of:February, 1.976: Second,,final reading and passage this ',day of-March,;,1976.. CITY OF iBOYNTON.$EACH, FLORIDA By ; kayo , vi66 Wayor ij Cofit �; Coum 'I i cilman A.TTESTt C• Gilman: ity Clerk 6 Page 1564 of 17 2 RESOLUTION NO. R15436 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CREATING A COMMUNITY 5 REDEVELOPMENT AGENCY ADVISORY BOARD; 6' ESTABLISHING PROCEDURES FOR APPOINTMENT 7 AND REMOVAL OF MEMBERS; AND PROVIDING 8 FOR AN EFFECTIVE DATE. 9 to WHEREAS, the City Commission has determined that the interest of the City will I I best be served by creating an advisory board to provide input to the City Commission 12 regarding matters related to the City's Community Redevelopment Agency. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. The foregoing, "WHEREAS" clauses are true and correct and 16 hereby ratified and confirmed by the City Commission 17 Section 2. There is hereby created a Community Redevelopment Advisory Board. 18 The Advisory Board, at the direction of the City Commission, shall make recommendations 19 on the programs; activities and funding issues affecting the implementation of the CRA Plan; 20' Recommendations shall include but not be limited to, matters concerning land use and design 21 regulations and applications-, implementation programs and activities; budgets and funding. 22 Section 3. The Advisory Board will be comprised of seven (7) individuals with 23 experience, education, or skills as determined necessary by the City Commission. Any 24 person may he appointed to the Advisory Board if he or she resides or is engaged in 25business, which means owning a business,practicing a profession, or performing a service 26 for compensation, or serving as an officer or director of a corporation or other business 27 entity so engaged, within the City. I I Italicized language added by amendment at time of adoption. Page 1565 of 1712 28 No less than four (4) members of the Advisory Board shall be residents of the City. 29 Advisory Board Members serve at the pleasure of the City Commission and may be removed 30 by a majority of the Commission with or without a statement of cause. 31 Section 4. The Advisory Board and its individual members shall operate in the 32 sunshine. Board members are subject to the Palm Beach County Code of Ethics. Appointees 33 shall complete required ethics training prior to assuming the duties of appointment. 34 Section 5. Costs associated with the operation of the Advisory Board will be 35 assessed to the Community Redevelopment Agency budget. 36 Section 6. That this Resolution will become effective immediately upon passage. 37 PASSED AND ADOPTED this 20th day of October, 2015. 38 _ I 39 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor—Jerry Taylor ✓ 45 46 Vice Mayor—Joe Casello ✓ 47 48 Commissioner—David T, Merker 49 50 Commissioner—Mack McCray 51 52 Commissioner—Michael M. Fitzpatrick 53 54 55 VOTE '�d 56 57 ATTEST: 58 59 60 / 1dct;[;cr�q,. 61 Jan �iiMMC 62 3sF;,vaw 63 64 ;.a„rpeal) j S1c; Mesp ns�2.�,1 15-136-CRAAB Board Reso(00098510-2xC4B6A)-Revised.doc R Page 1566 of 1712 I RESOLUTION NO. R17-020 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CREATING A CITIZEN OVERSIGHT 5 COMMITTEE; PROVIDING FOR APPOINTMENT AND 6 REMOVAL OF MEMBERS BY THE CITY MANAGER; 7 PROVIDING FOR DUTIES; AND PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, in May 2016, Palm Beach County adopted an Ordinance calling for a 11 Countywide Referendum to impose a countywide local government infrastructure surtax of 12 one percent (1.0%) on all authorized taxable transactions occurring within Palm Beach 13 County, as authorized by Section 212.055(2), Florida Statutes; and 14 WHEREAS, Voters approved the plan in the November 2016 General Election; and 15 WHEREAS, pursuant to the County Ordinance and the ballot language approved by 16 the voters, City expenditures of Surtax proceeds shall be subject to independent oversight by 17 citizen committees; and 18 WHEREAS, the City Commission has elected to create a City of Boynton Beach 19 Citizens Oversight Committee appointed by the City Manager to serve as a reporting body to 20 the City Commission. 21 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 22 CITY OF BOYNTON BEACH,FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and 24 hereby ratified and confirmed by the City Commission 25 Section 2. There is hereby created a five (5) member Citizens Oversight 26 Committee comprised of individuals with experience, education, or skills as determined 27 necessary by the City Manager. Members of the Committee shall be appointed and may be 28 removed by the City Manager. C:\Users\StanzionetWppdata\LocalWicrosoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Citizen_Oversight_Committe- _Surtax.Docx.Doc Page 1567 of 712 29 Section 3. The Committee shall meet at least twice annually and at such other 30 times as deemed necessary by the City Manager or designee to conduct review of the City's 31 list of approved infrastructure surtax expenditures. Meetings shall be scheduled by the City 32 Manager or designee. The City Manager shall appoint a Chair and Vice-Chair. 33 Section 4. The Committee's duties are to: 34 1. Ensure that one hundred percent (100%) of proceeds are expended only for 35 purposes permitted by law and consistent with the ballot measure: and 36 2. Ensure that expenditures are in compliance with the City's Surtax Use Plan: 37 and 38 a. Make annual reports to the City Commission and City Manager which 39 shall include whether the City is in compliance with the renUirements 40 of the ballot measure. 41 b. The report shall summarize the surtax funded projects and indicate the 42 amount of funds used for each project, the status of the project on the 43 reporting date and whether the surtax funds allocated to the project are 44 sufficient to fund completing of the project. 45 Section 5. The Committee and its individual members shall operate in the 46 sunshine, Committee Members are subject to the Palm Beach County Code of Ethics. 47 Appointees shall complete required ethics training prior to assuming the duties of 48 appointment. 49 Section 6. Costs associated with the operation of the Committee shall not be paid 50 from the surtax funds. 51 Section 7. That this Resolution will become effective immediately upon passage. 52 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Intemet Files\Content.IE5\52FYTEOE\Citizen_Oversight Committe- _Surtax.Docx,Doc Page 1568 of 712 53 PASSED AND ADOPTED this 21 St day of February, 2017. 54 55 56 CITY OF BOYNTON BEACH,FLORIDA 57 58 YES NO 59 60 Mayor--Steven B. Grant 61 62 Vice Mayor—Mack McCray 63 64 Commissioner—Justin Katz 65 66 Commissioner—Christina L. Romelus 67 68 Commissioner—Joe Casello L' 69 70 71 VOTE 72 73 ATTEST: 74 75 76 77 J th A. Pyle, CMC 78 Clerk 79 80 81 82 (Corporate Seal) 83 84 85 a 86 87 88 89 90 91 92 93 94 95 96 97 C:\Users\Sianzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Citizen_Oversight_Committe- _Surtax.Doex.Doc Page 1569 of 1712 I ORDINANCE NO, 09- C'l 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 2-119 (B) OF CHAPTER 2, 5 ARTICLE VIII, "EDUCATION AND YOUTH ADVISORY 6 BOARD" TO MODIFY THE ATTENDANCE POLICY; 7 PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the current absentee policy of the Education and Youth Advisory Board 11 differs from the general board absentee policy which was established for all advisory boards 12 i which meet monthly; and I 13 WHEREAS, the Education and Youth Advisory Board desires to adopt the standard 14 attendance policy which will eliminate confusion and allow the members the same number of 15 absences as all other advisory boards that meet monthly. I 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 17 OF THE CITY OF BOYNTON BEACH, FLORIDA: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Ordinance upon adoption 20 hereof. 21 Section 2. That Section 2-119 of Chapter 2, Article VII, "Education and 22 Youth Advisory Board" is hereby amended by adding the words and figures in underlined 23 type, and by deleting the words and figures in struck-through type as follows: 24 See. 2-119. Organization. 25 ... 26 (b) Any ffiember liailing to attend two (2) of three (3) Fteetings without eause 27 28 hef appointment.When a member has missed three (3) regular monthly meetings for any 29 reason within one annual board term that member will be notified that one additional absence 30 will cause his/her board membership to be terminated and a replacement will be appointed at 31 the tome of the next absence. 32 33 S%CA%0rdinances\Education and Youth Advisory Board Absentee Policy.doc Page 1570 of 1 12 1 2 Section 5. Each and every other provision of the Code of Ordinances not herein 3 specifically amended, shall remain in full force and effect as originally adopted. 4 Section 6. All laws and ordinances applying to the City of Boynton Beach in 5 conflict with any provisions of this ordinance are hereby repealed. 6 Section 7. Should any section or provision of this Ordinance or any portion 7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 8 affect the remainder of this Ordinance. 9 Section 8. Authority is hereby given to codify this Ordinance. 10 Section 9. This Ordinance shall become effective immediately. 11 FIRST READING this 910 day of - , 2009. 12 13 SECOND, FINAL READING AND PASSAGE this cx day of 14 �ebr , 2009. 15 16 CITY OF BOYNTON BEACH, FLORIDA 7s- 18 19 N,,fay or— rry a or 20 V 21 22 Vice Ma J I z 23 24 25 Com ioner—Ronald 26 27 28 Commissioner— Woodrow ay 29 30 31 Commissioner—Marlene Ross 32 ATTEST: 33 ` 34 35 Jane M. Prainito, CMC 36 Cleik 37 38 39 40 t <. pil S'1CA10rdinances\Education and Youth Advisory Board Absentee Policy.doc Page 1571 of 1 12 I 1 ORDINANCE NO. 07-004 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 2-16 OF THE 4 FLORIDA, 5 ORDINANCES TO AMENDING A NEWT SUB-SECTION D) O MODIFY THE COMMENCEMENT OF TERMS' R OO 7 BOARD APPOINTEES FROM APRIL TO DECEMBER TO COINCIDE WITH THE CITY ELECTION SEQBI ICY, PROVIDING FOR CONFLICTS, 10 CODIFICATION AND AN EFFECTIVE DATE. 1t 12 WHEREAS, the City Commission has determined that it is advantageous to allow for 13 e appointment to City Boards to coincide with the election of City commissioners, which 14 ccurs in November; and 15 WHEREAS, the previous time of appointment to City Boards coincided with 16 unicipal elections when they were held in April. 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 18 F THE CITY OF BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 .sing true and correct and are hereby made a specific partof this Ordinance upon adoption. 21 ereof. 22 Section 2. Section 2-16 of Chapter 2, "City Boards and Commissions" is hereby 23 mended to add a new Subsection (i) to read as follows: 24 i. �e _C'ommt��Iurt Shell! t!{1 �acancies on �'it� lio_,-- if d5 [)v25 1n_il. l_ ail i)intmc:III 111 L: CC etnbfr follo�vin the ( It igy-s t.le otic>nl_t�tf un5civ�cmclh�t 01 tile No et>>h � k 26 20( 27 n1112;titi1 n i i) the 28 I e�t�alt nuc ��5ar� __tc� ti tn:,itiun_Crc)it�_:_lnll tt) ;��n`t mbr r 29 ' �lpnultitt�ntti..._th� -tern) �;>1: r)i11ce for any t3L)z �c� �111Le any 30 ��hich .�ti:c)ul�l i ��tle_i�). ill _xO08 i)I__ _\f?�tl t13rcaftc.r 31 Thal{ inslc acl_c ctziti ._in thi_-t'}_ec`din \c, ;ct»her 32 33 Section 3. Each and every other provision of the Code of Ordinances not herein \CC\WP\0RDINANCES\2007\07-004-Board Appointments.doc !212007-Revised on first reading /additional revisions on second reading Page 1572 of 1712 I specifically amended, shall remain in full force and effect as originally adopted. 2 Section 4. All laws and ordinances applying to the City of Boynton Beach in 3 conflict with any provisions of this ordinance are hereby repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 6 affect the remainder of this Ordinance. 7 Section 6. Authority is hereby given to codify this Ordinance. I 8 Section 7. This Ordinance shall become effective immediately. i 9 FIRST READING this A day of "�' 2007. 10 1 I SECOND, FINAL READING AND PASSAGE this Iry day of 12 13 -Lnumr , 2007.. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 19 ayor Jerry aylor 20 21 1 22 Vice Ma or—Jose R guez 23 24 25 Commis ' — d 26 27 l 28 ommissioner—Mac ra 29 -- i 30 31 C`mmi cKoy j 32 ATTEST: 33 34 35 Cit Cler 36 37 (C4 y SACnents.doe 1/17/2 y.. 5 w/addit nd reading Page 1573 of 1 12 1 ORDINANCE NO. 07-001 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 2-116 OF THE CITY OF 5 BOYNTON BEACH CODE OF ORDINANCES TO PROVIDE 6 FOR THE CREATION OF THE EDUCATION AND YOUTH 7 ADVISORY BOARD; DELETING ARTICLE VIII, s "EDUCATION ADVISORY BOARD" IN ITS ENTIRETY; 9 AMENDING CHAPTER 2, ARTICLE VII CHANGING ALL 10 BOARD REFERENCES FROM "CHILDREN AND YOUTH 11 ADVISORY BOARD" TO "EDUCATION AND YOUTH 12 ADVISORY BOARD"; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, on June 20, 2006, the City Commission adopted Ordinance 06-050 17 hich merged the powers and duties of the Children and Youth Advisory Board and the 18 Education Advisory Board which became the Education and Youth Advisory Board; and 19 WHEREAS, some items, such as deletion of the section of the Code of Ordinances 20 vhich refers to the Education Advisory Board is appropriate for the City of Boynton Beach's 21 ode of Ordinance to be accurate. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 23 F THE CITY OF BOYNTON BEACH, FLORIDA: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 26 iereof 27 Section 2. Amending Chapter 2, Article VII, Section 2-116, Created, is hereby 28 ended by adding the words and figures in underlined type, and by deleting the words and 29 7igures in struck-through type as follows: 30 Section 2-116. Created. :\CC\WP\ORDINANCES\2007\07-001 -Consolidation of EAB and CYAB revised(I21206).doc /2/2007-Revised on first reading Page 1574 of 1712 I j The City Commission, in accordance with the powers 2 vested in it, hereby merges the Children and Youth Advisory 3 Boards and the Education Advisory Board yes and establishes 4 thea Education-and yyouth aAdvisory bBoard. 5 6 7 Section 3. That Chapter 2, Article VIII, "Education Advisory Board" is hereby 8 deleted in its entirety.. 9 Section 4. Any and all references in the City of Boynton Beach Code of 10 Ordinances to the Children and Youth Advisory Board shall be changed to reflect that it is 11 now known as the Education and Youth Advisory Board. 12 Section 5. Each and every other provision of the Code of Ordinances not herein 13 specifically amended, shall remain in full forge and effect as originally adopted. 14 Section 6. All laws and ordinances applying to the City of Boynton Beach in 15 conflict with any provisions of this ordinance are hereby repealed. 16 Section 7. Should any section or provision of this Ordinance or any portion 17 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 18 affect the remainder of this Ordinance. 19 Section 8. Authority is hereby given to codify this Ordinance. 20 Section 9. This Ordinance shall become effective immediately. 21 FIRST READING this _day of %Jan «q, 2007. 22 S:\CA\Ordinances\Consolidation of EAB and CYAB revised(I21206).doc 1/17/2007-Revised on first reading Page 1575 of 1712 SECOND, FINAL READING AND PASSAGE this J(o day of 2 3 ja 2007. 4 5 1 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 r—Je Ta r 10 12 Vice r—Jose uez 13 14 15 Co loner— 16 17 18 om i er—Mac r 19 20 21 Cbmmissi ner— c 0*11, 22 ATTEST: 23 Cit Clerk 26 27 (Co 28 r . S:1CA10Tdinances\Conso1idation of EAB and CYAB revised(I 21206).doc 111 7/2007-Revised on first reading Page 1576 of 17 12 I ORDINANCE NO. 06-0670 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CREATING A NEW SUBSECTION 2-123, 5 WITHIN CHAPTER 21 "ADMINISTRATION," OF THE 6 CODE OF ORDINANCES; PROVIDING FOR THE 7 CONSOLIDATION OF THE CHILDREN AND YOUTH 8 ADVISORY BOARD AND THE EDUCATION ADVISORY 9 BOARD; AMENDING CHAPTER 2, ARTICLE VIII 10 CHANGING ALL BOARD REFERENCES FROM 11 "EDUCATION ADVISORY BOARD" TO "EDUCATION 12 AND YOUTH ADVISORY BOARD"; PROVIDING FOR 13 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the Children and Youth Advisory Board and the Education Advisory 17 Board both appointed by the City Commission and empowered with fact-finding and advisory 18 functions; and 19 WHEREAS, the consolidation of the Children and Youth Advisory Board with the 20 education Advisory Board would facilitate the advisory function of those Boards; and 21 WHEREAS, the Education Advisory Board meets so infrequently that the transition i 22 �f its responsibilities to the Children and Youth Advisory Board would not constitute 23 dditional burden on the Children and Youth Advisory Board; and I ; 24 WHEREAS, the current number of active members of Education Advisory Board 25 oes not constitute a quorum for meetings the City Commission has experienced difficulty 26 ending qualified individuals to serve on that Board as evidenced by the fact that there are 27 urrently no incoming applications for appointment to the Board; 28 WHEREAS, considerable administrative effort and cost is associated with 29 maintaining and operating City boards, and the Commission finds that consolidation of the 30 hildren and Youth Advisory and the Education Advisory Boards would lessen the i \Documents and SettingsTrainitoALocal Settings\Temporary Internet Files\0LK104\Conso1idation of EAB and CYAB revised(2).doc /1612006-Revised on first reading Page 1577 of 1 12 :administrative burden expended to support board action and board meeting activity; 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA: 4 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 5 !$eing true and correct and are hereby made a specific part of this Ordinance upon adoption ti 6 iereof. 7 Section 2. Amending Chapter 2 Administration, by creating a new subsection 2- 8 23, as follows: 9 2-123. Consolidation of Children and Youth Advisory 10 Board and Education Advisory Board; survival of actions 11 12 All powers, duties, and responsibilities of the 13 Education Advisory Board shall survive and be deemed 14 merged and consolidated with the powers, duties and 15 responsibilities of the Children and Youth Advisory Board. 16 All previous actions of the Education Advisory Board shall 17 survive this consolidation unless specifically revoked by the 18 Children and Youth Advisory Board. The consolidated 19 board shall be knovv'n as The Education and Youth 20 Advisory Board. All current members of the Children and 21 Youth Advisory Board are appointed to the Education and 22 Youth Advisory Board as votinsE members for the balance of 23 their terms of appointment. 24 25 Section 3. That Chapter 2, Article V11, "Children and Youth Advisory Board" is 26 iereby amended by adding the words and figures in underlined type, and by deleting the 27 vords and figures in struck-through type as follows: 28 29 (1tapter 2, ;Xrtide V11, t:dtication mid N74)utll kdvison Board- 30 ... 31 Section 2-117. Duties. ,ADocuments and SettingsTrainitoALocal Settings\Temporary Internet Files\OLK I 04\Consolidation of EAB and CYAB revised(2).doc /16/2006-Revised on First reading Page 1578 of 1712 1 2 { j The Children Education and Youth Advisory 413oard shall act 3 as a fact finding and advisory board on the following issues 4 ! and on such other issues as are, from time to time, designated 5 by the City Commission by resolution: 6 7 (1) Development of programs that promote ongoing 8 relationships with caring adults; 9 10 (2) Formulation of long and short range programming to 1 l benefit the children and youth of the community by involving 12 parents, the business community, civic and neighborhood 13 organizations, including volunteer recruiting for before and 14 after local school programs. 15 16 (3) Development of incentives and enhancements whieit 17 Nvould encourage the development of safe places, including 18 improved playgrounds .at or near local schook and structured 19 activities in durin;; non-school hours.-- and -impr4 ed 20 play,,fotmd-N-at , near 21 22 (4) f4}------Identification and dissemination of 23 information on local, county, state and federal 24 programs that provide beneficial services to children 25 and their families. o ad 26 (S) Deve.loping. .stnategies for communicating with the 27 School Board of Palm Beach County and its staff, 28 advising the City Commission as to the activities of 29 the Board, and other Federal, State and local 30 legislative bodies which affect the needs of students 31 within the City. 32 33 (50 Development of child and youth advocacy programs, 34 35 + (6D Contacting community groups and businesses within 36 the geoeraphical boundaries of Boynton Beach for 37 professional skills, materials, financial or education support 38 for the schools and with the purpose of implementine 39 programs at local schools that benefit students from Pre K 40 through grades 12 and vocational schools. 41 42 I (7D Developing recommendations to the City 43 Commission for forwarding to the School Board of Palm 44 Beach County regarding actions which may be taken in 45 support of schools in Boynton Beach with respect to proposed \Documents and Settings%VyainittakLocal Settings\rempprary Internet Files\01-K 1041Consolidation of CAB and it YAB revised(2),dQc t/1 6/20,06-Reviscd on first reading Page 1579 of 1712 I legislation at the State level. 2 3 ($2 Coordinating with the local police department to 4 improve safety for students before, during and after school 5 and developing public relations that highlight successful 6 j programs. 7 s .. 9 II 10 1 Section 4. That Chapter 2, Article VIII, "Education Advisory Board" is hereby I 1 9ended by adding the words and figures in underlined type, and by deleting the words and 12 lgures in struck-through type as follows- 13 .. 14 . 15 16 (a) The eduention advisoFy board shall eempir-ise 17 seven (7) peFmanent membeirs and two (2) alter-na 18 , all to be appointed by the City Commission. Of 19 t-he-membe s-Sv ap~'. ited, f,.,. (A) shall be foF a ter-in of 20 thy-ee (3) year- akn�d three (3) shall be foiF a teigin of two (2) 21 )'efiFS. The' - i shall be appointed for- a term of 22 (2) year-s. Alternate member-s shall be appointed for- a 23 period of one (1) year-. There shall alse be appointed twe (2) 24 high sehool seniom,who must reside within the eity fifni 25 the Gity of Boynton Beneh and who must attend a pi -2 ?7 year-, to be seleeted by the City Commission. All ter-fns shall 26 the menth of April. Student foembers of the 29 -4-dvisery Board shall enjoy the tight to votej t 30 seine right that is eur-r-entb, enjoyed by regular- vefing 31 . 32 ... 33 See. -2 131. nuafifieatian. 31 The member-9 of the Eduention Advisovy Board shal 35 be residents of the City provided that one (1) r-egi 36 member and any alternate of the Board may be n 'IDmumen[s and ScHingiTramittaA.0cal Settings\Temporary 9ntemo F les%OLK104\ConsnUdatien nf`FAB and C:YYAB revised 4")Aoc 11 6/20016-Rcviscd on Borst readingPage 1580 of 1 12 I idents of the City, pr-ovided that one (1) reguIRF MeInbeF 2 and any alternate inember-s of the Board may be Ron 3 residents of the Qt�, pr-ovided the member has at least one 4 ehild in publie sehool, whieh is loented within 5 geogr-aphieal boundaries of the Gt�- 6 7 Section 5. Each and every other provision of the Code of Ordinances not herein 8 pecificaily amended, shall remain in full force and effect as originally adopted. 9 Section 6. All laws and ordinances applying to the City of Boynton Beach in 10 donflict with any provisions of this ordinance are hereby repealed. 11 Section 7. . Should any section or provision of this Ordinance or any portion 12 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 13 ffect the remainder of this Ordinance. 14 Section 8. Authority is hereby given to codify this Ordinance. The Citi. Clerk tltcl 15 ( 1100 s ()1_Ot�lrt_ianc are_at.it oriz d to mer,-,c: Sectio« 2-1_'b th,rotio li 2-14") cel iltc 16 M,tti the (..'c>tic sect1c7n titled (q�, aiwild L1 hcrolii) "Cducation acid YOLIth ;'1kk i'or-y� E3o�>rd- 17 i nd h) elirriiWfte tlic '�c:ctiEu7 titled I dtiCaUJQQ .Ad% isory lioard 18 Section 9. This Ordinance shall become effective immediately. 19 20 21 22 23 24 25 26 27 28 �g 30 31 i _2 33 A)ouuments and scttingslPramotc&Local Ser ingsJetnporaq inlemer FilexltJI,3CIWCons,ofidation of EAB and C"YAB revised(2)doe I6/20 6-Revised on first reading Page 1581 of 1712 1 2 3 4 5 6 7 8 9 10 11 12 FIRST READING this ( day of .dune , 2006. 13 14 SECOND, FINAL READING AND PASSAGE this _A0 day of 15 16 u.ne. , 2006. 17 18 CITY OF BOYNTON BEACH, FLORIDA 19 20 21 ayo rry a 22 23 24 ice May oy . 25 26 27 Commis ' Robert 28 29 j 30 ` missioner—Mack ray 31 32 33 Commissioner—Mud C. Fer son 34ATTEST: 35 36 I 37 ity Jerk 38 39 C 40 i i I :\Documents and settingsTrainitoALocal Settings\Temporary Internet Files\OLK104\Consolidation of EAB and CYAB revised(2).doc /16/2006-Revised on first reading Page 1582 of 1 12 i ORDINANCE NO. 091-,f./, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN EDUCATION ADVISORY BOARD; PROVIDING FOR PURPOSE; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has duly considered the Report of the Findings and Recommendations to the City Commission submitted by the Greater Boynton Beach Education Committee on April 16, 1991; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in the best interests of the citizens of the City to establish an Education Advisory Board which shall serve as a fact-finding and advisory board i to the City Commission on issues related to local schools i I within the Greater Boynton Beach Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION I OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: i Section 1. The "WHEREAS" clauses are hereby ratified and confirmed as being true and correct. Section 2. CREATION. The City Commission, in accordance with the powers vested in it, hereby creates and establishes an Education Advisory Board. Section 3. DUTIES. The Education Advisory Board shall act as a fact-finding and advisory board .on the following issues and on such other issues as are, from time to time, designated by the City Commission by Resolution: To assist City and local schools in: „- A. Recruiting volunteers to assist students before, during and after school; i B. Contacting businesses within the geographical borders of Boynton •Beach for professional skills, materials, financial or educational support for the schools. C. Coordinating with local police department to improve safety for students before, during and after school. Page 1583 of 1 12 , D. Coordinating with City's Parks and Recreation Department to improve playgrounds at or near local schools. E. Contacting the Greater Boynton Beach Chamber of Commerce, Real Estate Groups, and other community groups for the purpose of implementing programs at local schools that benefit students from Pre K through grades 12 and vocational schools. F. Communicating with the School Board of Palm Beach County and its staff, and advising the City Commission as to the activities of the School Board, and other Federal, State and local legislative bodies which affect the needs of Boynton Beach Students. G. Developing public relations that highlight successful programs within the schools and to help improve their image in conjunction with local media. i H. Developing recommendations to the City Commission I fr forwarding to the School Board of Palm Beach County regarding actions which may be taken in support of schools in Boynton Beach and with respect to proposed legislation at i the State level. Section 4. RECOMMENDATIONS OF BOARD. The Board i shall periodically advise the City Commission of its findings with respect to the foregoing issues and shall make recommendations to the City Commission on any matter ; referred to it within thirty (30) days or within such time as prescribed by the City Commission by specific Resolution. Section 5. ORGANIZATION. A. The Education Advisory Board shall be comprised of i I nine (9) permanent members and two (2) alternate members, all .to be appointed by the City Commission, provided two (2) members shall be from the Coalition of Boynton West I Residential Associations, Inc. (COBWRA) . Of the members so j appointed, four (4) shall be for a term of three (3) years, I three shall be for a term of two (2) years, and the COBWRA i members shall be for a term of one (1) year. Their successors shall be appointed for a term of two (2) years. i Page 1584 of 1 12 Ii Alternate members shall be appointed for a period of one (1) year. B. Any member failing to attend two (2) of three (3) successive meetings without cause and/or without prior approval of the Chairperson of the Board shall automatically forfeit his or her appointment. C. Any member of the Board may be removed for cause in accordance with State Law. The City Commission shall promptly fill any vacancy. D. At the organizational meeting of the Board a Chairperson and Vice-Chairperson shall be selected by majority vote of the Board. The Chairperson and i Vice-Chairperson shall be selected annually at the May meeting of the Board. Section 6. MEETINGS. The Board shall meet I regularly once a month, or more frequently if necessary, for i the transaction of business. Its meetings shall be open to I the public. The Board may establish its own meeting rules and procedures for the conduct of its business. Four (4) I members shall constitute a quorum. Section 7. QUALIFICATION. Except for the two COBWRA members, the members of the Education Advisory Board shall be residents of the City of Boynton. Beach, Florida. I Section 8. POWERS. Nothing in this Ordinance shall be construed as restricting or curtailing any of the f powers of the City Commission, or as a delegation to the i Board of any of the authority or � y discretionary powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare required the appointment of the Board to act in a ' purely advisory capacity to the City Commission for the i purposes set forth in this Ordinance. Any powers delegated here to the Board to adopt rules and regulations shall not be construed as a delegation of legislative authority, but i purely a delegation of administrative authority. Section 9. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. I I Page 1585 of 1 12 Section 10. Should any section or provision of this :ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be i A nvalid, such decision shall not affect the remainder of ithis ordinance. i i Section 11. Authority is hereby granted to codify said ordinance. Section 12. This ordinance shall become effective f i ! ! i�immediately upon passage. ! FIRST READING this �� day of �I ;;1991. t. SECOND, FINAL READING and PASSAGE this Z_ day of i m�l y _, 1991. CITY OF BOYNTON BEACH, FLORIDA i Mayor I !I ii Vice Mayor I C ssioner i ! f C i sioner i f f i j� C e04 issioner I i ATTEST: i i City Clerk i A Corporate Seal) 1EDUCATE.ORD 14/25/91-YMT IiRev.4/30/91 li I ! I i s� f ! i li ! I Page 1586 of 1 T12 i OYNTIJPI ©EOCil MUNICIPAL. CinL_F COURSE ADVISORY CUMM I'rTEE - OPERATING STA TEMEN T 1. 1:1?EAI IiIN go 8720 ThR Aoyntnn 13Pgr.11 Munir_ipal liolf rnmrse Advianry Commii;t,er> 4•ra- rl'pa tPr•J th r•n-igh thA terms of a j•?ase agreement R4Mc..kt-erj by th- Board r?F County Commissinr,ers of Palm HPach rnkinty anri tlrn Plavnr' anA Citi Council of j3ovrrtr_,rr Beach, i,F,pr,l 1=cbr nary F. 1r711ri, ft,r-ough the rPrms of the lea SP I11rPPmor1t. i, ty has Rstabli=hed this A(iviSorp f'r,rnmlht.�o to "iriviq, the City on lrlanning, co nstI-uc- n rnair,Fe,i�r,r e -1f)"! c,per-at ir3n o f the go 1 f coarse. " II. MEMBERSIAIP Theo mernbPrsh I p o f t h R Rnynton BeArh Mun i r i pa I Go I f Corn .P Arivienry f:[nmin,ittep in acrortlanr_P with the joa.;F, aurr-emer>t referenced above, has five members -- three of wham ar-P appointed by the City and two of whom are appointed by the County. In. addi. ion�ythe ComMJ ttow. has three_alternates�_two_t2> _,__••._appointd•..by the Ci,ty_and_one t 1) by—the County.. Alternates wtl1_substitute_f9r. absent members as needed at each meeting•, City alternates., only.g..wij.l. replace_absent City -- m!V. _and•._the County_a.lEernate,_only,,will_replace„_an absent County__member__ handidat,ea for membership. or as a tarnates,, mLr k submit. j writirrq, an indica-tion of their interest in, sPrvinq on fhe Committee. The written submission must trtcludp informatia�r that orrt 1 irreG the cartdidates specific I nnwledge and experience that is directly related to golf course operation. IIT . TERMS nF MEMBERSHIP The five members first appointed shall serve through the first Year of golf course operation and for staggered terols of one, two. three. four, or five years thereafter. Sub st appointments shall be for overlapping rive year. term In M-1 the initial appointment, the City will indicate which �rnember will have a term of one year , a term of three vears and a term of five years. In making its initial )Appointments of two members, the Board of Countv Commissioners will indicate which member should serve a term of two years or a term of four years. At the completion of the terms as indicated above, each -subsequent appointment will be for five years.. All_al.ternate__appoi.ntments•will be for a.-period of five -years., i V. CHA I RMAN The Chairman shall. be selected annually by the members of the Advisory Committee from its own membership and may be re-elected as Chairman. IhR f iI-St mPPtinri uF the Advisory Cnmmr ttc•E w I l ho t orvieir. rJ Arid chaired by the Mayor rif the City of Rnyntorr Beach. Iho sFcond mP?tinq nF tho Advisory Committee will he hold a7- � deter-mtrreri by the members at the first mF!Ptir,q . The fir tet• C•hairmerr will be selected at the SPconrj m0en inq of tti__ Advirovy CnminittPe, Thr sr>cond mQptlilrj will hp r.hajrA,1 h4 thin Mkyni or the Ci ly of Sovntnn Rech frr i.Ire our posy? of [onvAninra the meeting .oral electing the Ch.airman. Palle 1 Cif 2 Page 1587 of 1712 F V. PURPOSE The purpose or the Bnynl:on Beach r•I,.rniripa.l Golf r;a,rro rlrlvisory Comrrriktpp is to advise the City.' khro,_,gh the 11Ayr„• and Ci l:y Cuu„r it . on planninq, c.onstrnjet ion, maintenance and operation (other than rersonnel matters whir.h are gi.ririr±rf Vhrouoh the' DOVntpl'r Reach Civil Swrvicp Flutes and Regulations) of the golf tour-sp. The t`lnyor and City Council will by respnnsihl.e for all planning implemPntatinn, financial and operAting mattes of the golf course, whir_h wi l l he administerprh by the City Marrageer through the I.-.i ky 51..,f r . Ilse? Golf r:n(rr--R hlartageV. Aild nt.li-r Ci ty tit;r rf a.1 dirmcterl by the City Manager, will meet with the Advi-r+ry Committee to provide information as nppried. VI . LEASE AGPEEMENT Attached to this Operatir,q Statement and made a part her-of is the lease agreement between the City and the County dated February 12. 1990. VII . APPROVAI- This amended rJoerakinq Statement is approved by *he Board of County Commissioners on this__-___day ofyW�q-� 1990•. '"'rrl�►IiTT L 4---' amended OPmr•akino Rtatement is approved by +lie r-i F.v COmmiss,iOn of the City Of Boynton Beach this day n f.- ---- ---+ 1990. ----- PALM BEACH COUNTY FLORIDA. BY IT'S BOARD OF COUNTY COMMISSIONERS ATTESTt JOHN B. DUNKLE. CLERK BY-d61+ BY (SEAL) CHAIRMAN-- --- ---8720-- ----- R ATTEST: CITY TON A H, FLORIDA BYt r -- --- ------- (SEAL) y Itrl ----- ��Or --------- APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENC COUNTY ATTORNEY P89P 2 of 2 Page 1588 of 1712 4i I 1 ORDINANCE I I-007 2 3 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING PART III, LAND DEVELOPMENT 5 REGULATIONS, CHAPTER I, "GENERAL ADMINISTRATION", ARTICLE 6 VII, "ADMINISTRATIVE AND DECISION MAKING BODIES", SECTION 4, 7 `HISTORIC RESOURCES PRESERVATION BOARD", SUB-SECTION B. 8 "ESTABLISHMENT, COMPOSITION AND TERMS" REVISING THE 9 RESIDENCY REQUIREMENTS FOR BOARD MEMBERS; PROVIDING FOR 10 CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. 11 12 WHEREAS, at the Commission meeting of January 18, 2011, the City Commission 13 determined that in order to insure the Historic Resources Preservation Board attracted persons 14 with requisite skills and expertise in historic preservation they did not want to restrict 15 membership on the Board to City residents or business owners; and 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH,FLORIDA; 18 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 19 ratified and confirmed by the City Commission. 20 Section 2. That Part III, "Land Development Regulations", Chapter 1, "General 21 Administration", Article VII, "Administrative And Decision Making Bodies", Section 4, 22 `Historic Resources Preservation Board", Sub-Section B. "Establishment, Composition And 23 Terms" of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows: 24 B. Establishment, Composition and Terms. The Historic Resources 25 Preservation Board shall consist of seven (7) members and two (2) alternate 26 members who shall be appointed by the City Commission. Members need not be 27 residents or owners of businesses that are within the City, but preference shall be 28 given to individuals who shall reside or have a principal place of business in the 29 City. A minimum of two (2) members shall be chosen from among the disciplines 30 of architecture, history, architectural history, archaeology, landscape architecture or 31 planning. A minimum of three (3) additional members of the Board shall be 32 experienced in the areas of commercial development, real estate, banking or law. 33 The two (2) remaining members shall be citizen members at large. The two (2) S\C A\OrdinancesNOrdinance-Histonc Pres Board-residency doe 1 Page 1589 of 1712 I alternate members shall be from any of the foregoing professions or citizen members 2 at large. All members shall have demonstrated a special interest, experience or 3 knowledge in historic preservation or closely related disciplines. 4 5 Members of the Board shall serve three (3) year terms. Of the initial appointments, 6 four (4) members shall be appointed for a term of three (3) years and three (3) 7 members shall be appointed for a term of two (2) years. Alternate members shall be 8 appointed for a term of two (2) years. Vacancies on the Board, including expired 9 terms shall be filled by persons with the same background as the original appointee, 10 or related field, in order to maintain the desired Board makeup. 11 12 13 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 14 hereby repealed to the extent of such conflict. 15 Section 4. if any section, sentence, clause, or phrase of this Ordinance is held to be 16 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no j 17 way affect the validity of the remaining portions of this Ordinance. 18 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 19 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton 20 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered 21 and the word 'ordinance" may be changed to "section," "article," or such other appropriate word or 22 phrase in order to accomplish such intentions. 23 Section 6. This Ordinance shall be effective immediately after adoption by the City 24 Commission. S%CA\Ordinances\Drdinance-Historic Pres Board-residency,doc 2 Page 1590 of 712 1 ST 1 FIRST READING this 1 day of Far arj, 2011. 2 SECOND AND FINAL READING ADOPTED this t5 day of 2011. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor--Jo guez 7 8 9 10 ice I*yor— ne Ross 11 12 C 13 14 &mKiigi ner— iam Orlove 15 16 17 18 Commissioner—Woodrow L. Hay 19 20 21 22 Commissioner—.iKe'vprf1olzman 23 24 25 ATTEST: 26 27 28 29 30 &Clerk . Prainito, MMC 31 32 33 0 34 35 36 ( o t eal) 5\C A\Ordmances\Ordinance-Histonc Pres Board-residency.doc 3 Page 1591 of 1712 f r ORDINANCE NO. Z 5 I I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 12 . LIBRARIES, SECTION 12-1. BOARD CREATED; MEMBERSHIP; TERMS ; VACANCIES, OF THE CODE OF ORDINANCES TO PROVIDE THAT-ALL MEMBERS OF THE BOARD SHALL SERVE STAGGERED TERMS RANGING FROM ONE TO THREE YEARS, TO BE FOLLOWED BY TERMS OF THREE (3) YEARSTHEREAFTER; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 12 . LIBRARIES, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY' CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Chapter 12 . Libraries, Section 12-1. Board created; membership; terms; vacancies of the Code of ordinances of the City of Boynton Beach, Florida, is hereby amended to read as follows: Section 12-1 . Board created; membership; terms; vacancies. There is hereby established a Library Board, hereinafter referred to as the "Board" . The Board shall consist of seven (7) members who shall be appointed by the City Council to-see-€oma- rs- - � �zear_froze_tla�-dates-e -agpeazn8 Two (2) members of the Board shall serve for a term of one (1) year from the date of appointment; three (3) members shall serve for a term of two (2) years from the date of appoint- ment; and two (2) members shall serve for a term of three ( 3 ) years from the date of appointment. Vacancies created after expiration of these terms shall be filled by appointments of three (3) year terms. In the case of a vacancy by resignation, removal or otherwise, the City Council shall fill such vacancy by appointment for the remainder of the original Board Member' s term. Section 2 : Each and every other provision of Chapter 12 . Libraries, shall remain in full force and effect as pre- viously enacted. Section 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1592 of 712 ii FIRST READING this /� `� day of ¢� , f 1.9 8✓4' SECOND READING and FINAL PASSAGE this arx&t- day of i 198,4: 1 CITY OF BOYNTON BEACH, FLORIDA, v MZVT OR VICE MAYOR i COUNCIL ER �qVNCIL MEMBER COUNCIL MEMBER ATTEST: CITY XLERK � (Seal) Page 1593 of 1712 li I. l ORDINANCE NO. 77-5 j AN. ORDINANCE OF THE.CITY< .F BOYNT41�? BSA C IT .F,LQRIDA. A MENDING;THE. FOLLOW TG :SECTION : OF THE.C:OD.IFIED QPWINANC,ES "OF THE CITE'' OF BOYNTON BEACH; FLORIDA: SEC 2-31 A- ND.SEC. 2 ';33.,: P:ERTAINING TO LIBRAP.Y BOARD: SEC. R:TAINING TO'.PLA:NNING; AND ZONING BOARD: SEC. 2�510PERTAINING TO-RECRE: A 16N A:ND PARKS BO' ARD:: SUB 11 1 SND III. OF SEG 5_-:2, PER TAIN, IIVG TO BUILDING BOAS D O Di"JUST EIV'IS AND A-PI'E.-LS; SEC. fi17, ER;TATIZII�TO TWUNIP'AL CEIVIETERY F,OfiRD, AND • SEC,. ZQNING RETXLA TIONS P"FETA WING TO BC3A t�F M . "'TNT,! Z O PRO: "TDE: F`QR: M TERMS OF TT3E`1UiE7'JiB I{'S .0 . SA IIS A 3 V CORY B.�J RM PROUIDIN FOR SA"VI1 GS C LA USE;,` REPEALIN'b:--P RCJ�,?ISION, A N EFFECTT�TE DATE AND,-'-F OW OTHERP,,HPOSES. ER:EASs the City Co�mc.i£ of the. City of Boynton Be ch., Florida, deems.',it proper fear the efficient operation and;adra-thiatration of the municipal government that' varfoi s of the ap'pOinte.d citizen aclv.zsory boards co:ns.ist of members, the terms of which shall, be: i n.iform, and that necessary am.endmen s to existing ordinance: be. enacted:.to carry said,purpose arid' intent into effect; NOW,: THEREFORE., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH-,, '.FLORIDA: Section 1:: That Section -2-31 of tho"codified ordinances of the City of Boynton Beach, Florida, pertaining to the Municipal Library Board, be and the same is hereby,amended to read: "Section 2-3.1, Creation; Members;: Terms. There is hereby established a Library.Board, hereinafter referred to as "Board''. The Board :shall consist of seven (7) members who shall be appointed by- the City Council to serve for terms of one (1) year from date of appointment. In the case of vacancy by resignation, removal or otherw.i.se, the City Council shall fill:.such.vacancy by .appointment, if Page 1594 of 712 f 4 ' Planning and Zoning Board, be and the same are hereby amended to read:. ''Pursuant to the provisions of Section 23 of the,.Charter of the City of -° Boynton Beach, . Florida, 'there, is hereby created a Ilauriicipal. Pla,nn.ing and Zoning Board,, which shall: consist of seven (7) _members to be :appointed by the City Co..uncil; to serve for terms `of..one {1) year from date .of appointment. If a vacancy, shall occar on. said. Board, same snalk:be :filed by appointtrient by the City Council. Me•mbe'rs' of;the; Board may be removed-by a majority vote o the total members of :the City .Council. " Section: 2: Section 2-51 of'the codified .ordinances of the City of Boynto Beach, Florida, pertaining. to Recreation and Parks Board, be and the same .is hereby amended to read: `Sectign. 2-51. Creation; Members; Qualifications. There .is hereby established a Recreation and Parks Board, hereinafter referred to as "Board..", which Board shall consist of seven (7) members. The City Council shall appoint the members of said Board, which shall .serve for terms of one (1) year from. date of appointment. Members of the Board shall be residents of the City of Boynton Beach, Florida. " Section 4 Subsection 111. 1 of Section 5-2 of the codified ordinances of the City of Boynton Beach, Fl=orida, pertaining to the Building Board of Ad- justments and.,Appeals., be 'and the same is hereby amended to read: "There is hereby created and established a Board designated as the Building Board of Adjustments and .Appeals, which shall consist of five (5) members, who shall be appointed by the. City Council to serve for terms of one (1) year from date of appointment.. Said Board shallhiev comprised of citizens with suff.ic.ient know �., ledge and previous experience in the various trades connected with the building Page 1595 of 712 1 E. t � Subsection 111.` 2 of`Sect on 5-2 of the :coW� ied ordinances of the. City of Boynton Beach, Florida, b,.e..and:.ee same-1§ hereby repealed in its entirety. Section 5: The.firstparagraph of Section -17 of the;cod.ified. ordinanc s of the City. of.Boynton Beach, Florida, pertainingto the Munici al Cemetery Board, :be and. the :same is hereby amended to.read. There Whereby created and established .'a Board of Governors of. the Municipal Cemeter y Fund, w.hie4 shall consist of the City.Clerk and five. (5) other persons, who shall be appointed by the City'Council to serve for terms. o ane .{1) year. from date of apapoin.trnent. .Four (4) members of the Board shall constitute a quorum. The Board shall have the rignt-;to establish rules and regulations for the management and control of any.cemetery :owned and operated by the City, and for the conduct of the Board's business, not inconsistent, however, with the provisions of this .article, and .in addition thereto, shall �-i comply with, :abide by.and enforce the .provisions and .conditions of this article. Provided, however, that the Board shall have no right, power or authority to contract for expenditures, or to expend any .ixianey except insofar as permission to do so shall have, been granted by Motion or Resolution of the City. Council; " 'Section 6- S.4bseeton.A(1) of Section 10 Appendix A to the Zoning Regulations of the codified ordinances of the City of Boynton•Beach, Florida pertaining to the Municipal Board of Adjustment,,% be and the same is hereby. amended to read; r � "Section 10. Board of Adjustments. A. Composition and Procedure. 1. The Board of Adjustments shall consist of. seven (7) regular rnem- bees and not more.than. two (2) alternate members, who shall be appointed by Page 1596 of 712 Boards shall terminate on the effective,date. of this ordinance. The members i of said Boards:shall there'upen be appointed by the City Council in accordance with the :provision. s of this ordinance. The terms of Board members<a,ppointe' . in 1977 shall expire on January 2,: 1978. Section 8; Sep'arabil,ity:. Each of the provisions. of this ordinance is separable, .in:cludng word,_ 'clause, phrase or sentence, and. if..a:nyportion: . thereof`shall be declared invalid, the remaining portion "shall not be affected but shall remairn .in full force and effect. .Section .9; Re pealing. Provision: :All ordinances of parts. of ordinances in conflict herewith are hereby repealed. Section Q; Ari.Effective Date: This ordinance shall become effective in the manner and at the time provided.-by law. Section 11 t This ordinance is adopted pursuant to the provisions.of Section 23 of the Codified Charter of the City of Boynton Beach, Florida. First reading this 18th day of January, A. D. S 1977. Second, final reading and passage, this day. of , A. D. , 1977. CITY OF DO YNTON BEACH, FLORIDA mayor )72 .- - =.. !per Viceayor Counc lmember ® Councilmember Page 1597 of 1,712 ORDINANCE 64-2 AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE APPOINTMENT OF TWO ADDITIONAL MEMBERS TO THE MUNICIPAL LIBRARY BOARD OF THE SAID CITY; FURTHER PROVIDING FOR THE AUTHORITY TO CODIFY�A SAVINGS CLAUSE, AN EFFECTIVE DATE AND FOR OTHER PURPOSES, PREAMBLE THIS ORDINANCE IS DEEMED TO BE AN EMERGENCY ORDINANCE ENACTED FOR THE PRESERVATION OF THE PUBLIC PEACE, PROPERTY, HEALT `AND SAFETY OF THE INHABITANTS OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FOR THE EFFI- CIENT DAILY OPERATION OF THE ADMINISTRATIVE DEPARTMENTS OF THE CITY OF BOYNTON BEACH, FLORIDA. NOW THEREFORE, be it ordained by the City Council of the City of Boynton Beach, Florida: Section 1: Section 2-31 of the Codified Ordinances of the City of Boynton Beach, Florida, be and the same is hereby amended to read: Section 2-31: Creation; membership; terms. There is hereby established a library board hereinafter referred to as "board. " The board shall consist of five (5) members who shall be appointed by the City Council. All members of the board initially appointed shall serve until the date of the first meeting of the City Council in January, 1962, on which date three (3) members of the board shall be appointed for a term of two (2) years and the remaining two (2) members shall be appointed for a term of one (1) year. Thereafter, members shall be appointed for a term of two (2) years, or until their successors have been appointed and qualified. In the case of vacancy by resignation, removal or otherwise, the City Council shall fill suc}age�g6of l 12 i shall serve theleasure of the Cit Co p y uncal; however their terms shall not exceed a period of one (1) year from the date of their appointment. No such specially appointed.members shall be disqualified from appointment to a regular membership on the board upon expiration of their appointed terms. In the event the City Council does appoint two additional members of the board, f i members of the entire board shall constitute a quorum rather than, as provided for in Section 2-33 hereinafter. Section 2: Repealing Provisions. All ordinances or parts of ordinances in conflicts herewith are hereby repealed. Section 3: Separability. If any section, sub-section, clause, phrase or portion of this ordinance is for any reason held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining provisions thereof. Section 4: Authority to Codify. Specific authority is hereby granted to codify this ordinance. Section 5. Effective Date. This ordinance is deemed to be an emergency measure and shall take effect immediately upon passage. First reading and final passage this {��' day of 1964. (CORPORATE SEAL) TY Q -'BOYNTON BEACH, FLORIDA BY yor r ......r-�i d L .x.'.✓ c e May r Cou i ,� . 1599 of 1712 .ORDINANCE 1�TQ.., 61=8. AN 0R179WANCX,.0F THE CXT'Y OF BOYNTON BEACH, LO*M,k ESTABi.I G#.A.LIBRARY BOAR-D,. )DEFINING Al l3TIES AND��OTl3ER Pl�l'Ra>SS: BE;I'T QR»AIAI> 3 3 Y,THE CIT 1,CCU ,"-CITY 01':BOYIa TON BFAGH,: T'L,G3BTFDA c . ECTIfxb71,, 7�IB$,AR.°Y.. JARI E�a'l'ABl�1, I3EA;.. There:a 'her est.ablished.a.lAbrary Bread herelnafter•refer.red,ta.;as "BOARly'..''The Board shall:consist Of.five.:($) iAe-n ers .which.sbtU be appoizdd.by the CFty Council• All;meMbers.of.tl*.Apard Initially.appointed shaJl.servo until the .n... date of the.first meeting pf the City,Council JnJanua:ry,. 19:62, bn which.date 11 three.(3) members of_the.Barnard:shalt be. a gpanted for a term.af.two_o) years and.the_reffisiTiing tura (2),members.shall be appointed for a term;af one (1) year. Thereafter, meembers.,shall be appointed for a term.sof two (2) years, or until their successors,have.been.appoint,d and qualified. In the.case of Vacancyb regi y gnatiQn, removal or.otherwise,, the City Council shall,fill suchvacancy fOr the unexpired.term.. SECTION 2. QUAL,IMCA.TION Op BOARD-MV,X F4S,: COUPEY��ATIQ and 2-R AX1,ZAT10.X: Members of the Board shall be residents.-of the City Of.Boynton Beach; however, neLther he Mayornor any members of.the City COUncil shall be eligible.to be a mezober of the Board. No member of the Board shall receive any payy or compensation.for any seraices::rendered.as a member of stLeb,Board., The members.of the ward shall, immediately after their appointment, .meet and organize•by electing;One of their members as Chairman and such.other officersas.the Board may deem.ngess.aary. SECTION S. . QUGRUM,_ BY-LAWS;. RULfS.AND RECULA TIONS• ?" Three.(3) members of the Soard shall comtitute a Quorum, The Board may make and adapt such by-laws, rules.and regulations for their own guidance and.far the government and operation.of any municipal library and reading roomin the fifty of Boynton Beach, Florida, as they may deem;esped3ent, subject to the approval, supervision,and control.of the City Council.-and not inconsistent with law. Page 1600 of 1712 5 SECTION 4., PC@itERS AICD D'i T EBe Subject to the control and direction of..the City Count l,, the Bdda i (A); Shall act in,an ad, iaery capacity (xi r=adminitratiye) to the-City Cousa.eff,: to ae'oure reps ta#i".,.of tom.ideae.0f citizens andxpayers theCity,x`elative the.fanotyt+�.and orat ei .gf,aripuzi= cipal,libraries and re a"i#g reds m the Uy Of Rw7,nton,Beach I�'lt�rida, w-sash adVIAnry;as aze shall iaxeitxde, but lik l�'.Yi�3ted tcar, re�m,nrenda'�i�ae Fe-7.�ti�e.c�tx` �f:� ,tic3j: e� �tapea ep�Ie..�ted,. c_Aa d# ►the erld t of;;aiay' xboi� library is City asad,thg` p tai st :card and.,evatodi of thagrvwndol, roan , per and bus?di s cc strUdt'ed,. le sect orr set asidd fc noun eipal.libr . p'a.rpe�e . Shad m, .r"on mendatioas for the.apFointmeixt.of a , stable LIJbrArian,and as oljstat#ts and thejr.rospectivi6 rate•x of c Pengatieu,. eptablish-regal4tio fpr the ver eat and cantr6l raf y nsvx�icspsl rary as n5-a1v be deemed,ne axy for its.preservatian z ..And td,m4lyts� its,.nseYn7?�ss and ei'€iciencyg fix:snd impuae liar r ge:gealrules, penaltieo.axad f wfeitt ;s_.for (allure'to,refiixm any book er fctr.trialatien.s a-b lk .er. re ��attc�ns. 4f ire Boarti. (c) ill Annually in an,ad ry capa,0ity, aSeiatthe City a ger 1n preparing a bad et.fes the Maintenimes-i expamsien..ef mvnieipal Iibrgry f'aeilitieg. (d) $hall keep reeordA, inves�tdries and a:cco ts, budgetary car dtl?erles �sf alb,+af the activities !.tle ISerd..and the,manieipal library system.and.make.I an=sl repOrts to the City >i#a ger asad Ihe City Ccratgcil r lativ-thezotea dr`.vRhersae r regtiested to do-Oo'by the . Cecil. BT�t1rw Cap`T� WAItlx:. In the pex'faprxnance of their dutiAa.set forth in.this brdinance, the Board shall:ht ld..at leant one'(l) re:galar, .ee#ing each-month. Opeoial.meetiIngo may be cWO-3d by.the Board Cha.irm.an,.Up n:prior notification. Mantes.shall:be kept daring all meetings and,a.copygiven to the City Manager and.the City Ea=ch. uclr 4Jx 6 A�OV I.Cp` >l BBli�3,: 4Ag"CIES; Uembers of.the Board..may:be removed by.an affirmative vote a majority of.the tattal,members..of.the City Council. SECTIQI! Ra PErQIiydIOLATIoN It is hereby. declared Unlawful fcrr any pergfl trespass, cattse injury to, Or to destroy any library grounds, raems, books or Esther prep'erty constituting a.part.of the municipal library system of the .City of Boynton Beach, Florida, .or to violate:any of the,by-lames.or re.gplati,ons..adepted-by the Library Beardand 2 - Page 1601 of 1 12 aplxroved by the City Council relative operation of said municipal library system. toy,Person.or.Ae.rson�: �i�td:gu�lty.n£ wicxl.Q qRg.t]�s per tjan 5WL31 be-.punished.punishad.by fine of not.less the'*5.db:1w e,thair,�E30000, or by im- pri$Qnent in the-city..jail.fit esceedirig or both:.such fine I and.imprjatmment , .at.the discretion of the Court, 1 -1- t UCTION 8. JAVVIRA�,L,IT'X<. 19a,* C&-the provisions of this ars attce•-.are.separ'ablo:inclu&ng.word,, pLiraee, clause or sentence, ' and#f any pr hereof declared*VaU . . .the remalning portion _:� shall not.be affected.but shall, reffiain.in.frill farce and affect. u;a SECTION 9.-, AxPEALING P,t�£J�I'QbT All ordinances or Parts Of..OrdiiraCn.ces:in conflict herewith are herehy repealed. First reading.this Mrd day.of April, A. .D. 19.61. t Second Final reading:and passage, this —i—day of' 4A L_ A,A. 1991, CZ`Zq';L3F E DIKACFI FLORIDA {CORPORATE SE3 BY—ZIC , K, �a�tr Vid.ez-Xayor Coitahi o A'TTESTr. iy Cl Pw rh Couticilrnan ' � �o�eilaisa r Page 1602 of J12 1 2 3 ORDINANCE NO. 092-1,!9 4 5 6 ' AN ORDINANCE OF THE CITY COMMISSION OF THE 7 CITY OF BOYNTON BEACH, FLORIDA, CREATING A 8 PLANNING AND DEVELOPMENT BOARD; PROVIDING FOR 9 j MEMBERSHIP QUALIFICATION. TO THE BOARD; 10 PROVIDING FOR PROCEDURES FOR APPOINTMENT OF 11 MEMBERS, ALTERNATE MEMBERS AND FOR FILLING 12 VACANCIES ON THE BOARD; PROVIDING FOR 13 PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF 14 • THE BOARD; PROVIDING FOR JURISDICTION OF THE 15 BOARD; PROVIDING FOR POWERS OF THE BOARD; 16 PROVIDING FOR DESIGNATION OF THE BOARD AS THE 17 LOCAL PLANNING AGENCY; PROVIDING FOR APPEAL 18 I OFBOARD DECISIONS; ABOLISHING THE PLANNING 19 AND ZONING BOARD; ABOLISHING THE COMMUNITY 20 j APPEARANCE BOARD; PROVIDING FOR CONFLICTS; 21 i PROVIDING FOR SEVERABILITY; PROVIDING FOR 22 i CODIFICATION; AND PROVIDING AN EFFECTIVE 23 I DATE. 24 I 25 WHEREAS, the City Commission of the City of Boynton Beach, 26 F"Lorida, has determined a more expeditious and efficient 27 procedure is advisable for processing development and planning �T 28 applications through the City Administration and the review and I -- f .29 advisory Boards of the City; and 30 WHEREAS, the existing. current procedures, which require 31 I independent review of development proposals by both the Planning I 32 and Zoning Board and the Community Appearance Board create the 33 I unnecessary duplication of work by the City administrative staff; 34 I and 35 WHEREAS, the consolidation of powers of the Planning and 36 Zoning Board and the Community Appearance Board would better 37 serve the public interests by expediting the development review 38 process and at the same time diminishing the administrative costs 39 associated with reviewing and processing applications; and I^ 40 I WHEREAS, the City Commission pursuant to the power vested in 41 j it by Section 23 of the City Charter has the power to create and 42 abolish offices and appoint officers as may in their judgment be 43 necessary for the government of the City; I I CODING: Words in ett'd6k-tkreagk type are deletion from existing law, Words in underscore type are additions. Page 1 of 7 Page 1603 of 1112 d I 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 21 CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 section 1. Each "WHEREAS" clause set forth above is true 4 : and correct and herein incorporated by this reference. 51 Section 2. Establishment and Composition. I 61 A. A City of Boynton Beach Planning and Development Board 7 is hereby created and established, consisting of seven (7) 8 regular members and two (2) alternate members appointed by the 9 City Commission of the City of Boynton Beach, Florida. 10 B. The Mayor and City Commission shall appoint the members 11 of the Planning and Development Board in accordance with the 12 appointment procedures followed by the Commission. The 13 nomination shall be subject to the confirmation of a majority 14 , vote of the City Commission. 15 C. All members of the Planning and Development Board must 16 be residents of the City of Boynton Beach, Florida. 17 D. The Commission in appointing members to the Planning 18 and Development Board shall give preference, when possible, to 19 design professionals licensed in the disciplines of architecture, 20 landscape architecture, landscape design, and planning. 21 Section 3. The Terms of Offices; Removal from Office; 221 Vacancies: 23 A. On first appointment to the Board, three (3) 24 members and two (2) alternate members shall each have an initial 25 term of one (1) year. On first appointment to the Board, four 26 (4) members shall have two (2) year terms. Thereafter, the term 271 of office for each member of the Planning and Development Board 28 shall be two (2) years. Subsequent alternate members shall be 29 , appointed for one (1) year terms. 30 B. The members of the Planning and Development Board 31 shall hold office until the first Tuesday in April of the year CODING: Words in streeh-through type are deletion from existing law; Words in underscore type are additions. Page 2 of 7 Page 1604 of 1 A 12 r t J_: such members term expires. Each member shall hold office until 2 his successor is duly appointed and qualified. Any member 31 appointed to serve in lieu of any member on account of death, 4 ; resignation, removal, or disability of such member, shall serve 5 only for the unexpired term of such original member. 61 C. Should a member of the Planning and Development I 7 ; Board move outside of the jurisdictional boundaries of the City, i 8j the member shall become disqualified and a new member shall be i 91 appointed by the City Commission. i 10l D. Any vacancy occurring shall be filled by the City i ilk Commission. 12 E. The City Commission shall appoint two (2) i 131 alternates to serve when members of the Planning and Development i 141 Board are absent. The alternate shall reside within the 15 jurisdictional boundaries of the City of Boynton Beach and all 161 other restrictions set forth in this Ordinance as to members of 17i the Planning and Development Board shall apply to the alternates. 181 Alternate members shall have preference in appointment to 191 vacancies created by death, resignation, removal, or end of term 201 of regular members.. i 21 F. Three (3) or more unexcused absences by a 'member 22 ' of the Board shall result in the removal by the City Commission. 23 � Such absences shall be presumed unexcused unless determined I 24 otherwise by the City Commission. 251 Section 4. Election of Chair and Vice Chair. Rules of 2 6 I Procedure: i 27 A. At the first regular meeting of the Planning and 28 Development Board in April of each year, the Board shall elect a 29 Chairman and Vice Chairman from among its members. 30i B. The Planning and Development Board shall meet at 31 regular intervals to be determined by the City Commission and at I i 1 CODING: Words in strdek-through type are deletion from existing law; Words in underscore type are additions. Page 3 of 7 Page 1605 of 1 12 1 i i I i I t such other times as the Chairman may determine. The Board shall I 21 operate in accordance with Roberts Rules of Procedure as amended 31 and clarified from time to time. All meetings of the Board shall 4 be open to the public and a record of all meetings shall be kept 5 and maintained in accordance with Florida Public Records Laws. 6 C. The Chairperson, or in his or her absence, the 7 acting Chairperson, may administer caths and compel the 8 attendance of witnesses. The Board shall keep minutes of its 9 proceedings, showing the vote of each member on each question, or 10 if absent or abstaining, indicating such fact. No member shall it abstain from voting unless her or she has a conflict of interest 12 pursuant to the provisions contained herein or in accordance with 13 Chapter 112, Florida Statutes. The records of the Board shall be 14 filed in the office of the City Clerk of the City of Boynton 15 Beach and shall be public records. 16 Section 5. Authority, Functions. -Ppy-ers. Duty 17I A. The Planning and Development Board shall have the 18 authority and duty to consider and recommend upon applications, 19 as, hereinafter set forth, after first considering the 201 recommendations thereon of the city Planning, zoning Department, 21 and after a determination of fact that application will not 22 generate excessive noise or traffic; tend to create a fire, 23 disease, or other equally or dangerous hazards; provoke excessive 24 overcrowding or concentration of people or population; be in 25 harmony and compatible with the present and future developments 26 of the area concerned; conserve the value of buildings and n 27 encourage the most appropriate use of land and water; provide 28 adequate light and air; promote such distribution of population 29 and such classification of land uses, development and utilization 30 as will tend to facilitate and provide adequate provisions for 311 public requirements, including, but not limited to, CODING: Words in struek-through type are deletion from existing law,- Words aw;Words in underscore type are additions. Page 4 of 7 Page 1606 of 1 12 I transportation,' water flowage, water supply, drainage, 2 : sanitation, educational opportunities, recreation, soil 3 . fertility, environmental protection, and food supplies; prohibit 4 wasteful and excessive scattering of population of settlements; a s , conform to the character of the district and its particular 6 ! suitability for particular uses; be consistent with the needs of 71 the City for land areas for specific purposes to serve population 81 economic activities; protect the tax bass; facilitate and carry 91 forward the intent and purpose of the City's comprehensive plan; 10 , would not be disruptive to the character of the neighborhood or ii � adverse to play grounds, parks, schools, and recreation areas; 121 would not be adverse to the promotion of public health, safety, 13 . comfort, convenience, order, appearance, prosperity, or general 14 , welfare. 15i B. The Planning and Development Board shall have all 16 powers heretofore vested in the Planning and Zoning Board and the 17 � Community Appearance Board. is C. The Planning and Development Board shall be responsible 19 for all duties heretofore carried out by the Planning and Zoning 201 Board and the Community Appearance Board. 21I D. All references in the Code of Ordinances of the City of 22 Boynton Beach to the Planning and Zoning .Board or to the 23 Community Appearance Board shall hereinafter be construed to mean 24 the Planning and Development Board. 25 Section 6. Board -Desictnated Statutory Planning' Agency. 26 The Planning and Development Board is hereby designated as the 27 City's local planning agency to act on behalf of the City under 28 the terms and provisions of the local government Comprehensive 29 Planning Act, having the general responsibility for the conduct 30 of a comprehensive planning program and the preparation, 31 supervision, and amendment of the comprehensive plan or elements CODING: Words in struek-through type are deletion from existing law; Words in underscore type are additions. Page 5 of 7 Page 1607 of 1 12 1 1 or portions thereof applicable to the areas under the 2 jurisdiction of the City as provided in said Act. 3 , Section 7. Review of Board pecisions. 4 A. All decisions of the Planning and Development Board 5i shall be advisory to the City Commission. Disposition of an 61 application or request made through the Planning and Development 71 Board shall not be deemed final until acted on by the City l 8 Commission, Once final, a decision may be reviewed by the filing 91 of a Petition for Writ of Certiorari in the Circuit Court of the 101 15th Judicial Circuit in and for Palm Reach -County, Florida, and III in accordance with the procedure and within the time provided by 12 Court rule and such time shall commence to run from the date of 13 the decision sought to be reviewed. 141 Section S. Abolishment of Planning and Zoning Board. I 15 A. The Planning and Zoning Board of the City of Boynton 16 Beach is hereby. abolished effective immediately upon adoption of 171 this ordinance by second reading. I. 18 B. All powers and duties heretofore vested in the Planning 19 and Zoning Board of the City of Boynton Beach are transferred to 20y the Planning and Development Board. 21 ' Section 9. Abolishment of Community Appearance Board. 22 A. The Community Appearance Board of the City of Boynton 23 Beach is hereby abolished effective immediately upon adoption of 24 this Ordinance by second reading. 25I B. All powers and duties heretofore vested in the 26 Community Appearance Board of the City of Boynton Beach are I 271 transferred to the Planning and Development Board. 281 ,section 10. That all ordinances or parts of ordinances in i 291 conflict herewith be and the same are hereby repealed. 30 Section 11. In the event any portion of this Ordinance is i 31i deemed invalid, illegal or unconstitutional by any court of I CODING: Words in strxek-through type are deletion from existing law; Words in underscore type are additions. Page 6 of 7 Page 1608 of 1712 s I I competent jurisdiction, such decision shall in no manner effect 2 the remaining portions or sections of this Ordinance and shall 3 remain in full force and effect. 4 : Section U. Authority is hereby granted to codify said 5 ordinance. 61 Section 13. This ordinance shall become effective I 7i immediately upon adoption by second reading. 8 ! FIRST READING this 7 day of �i�R/G , 1992. I 91 SECOND, FINAL READING and PASSAGE this old day of i 101 1992. 11 121 CIT OF BOYNTON BEACH, FLORIDA 131 141 ill .tom 151 MIA16 yo 171 18 ! V cr - 22 ! or rte• 20 21 ACoioner 2 2 ': 23 24 ; e25j 2627 ` 281 ATTEST: 29 ! 3 0 . titA.iv ii s 31 . CITY CLERK 32 33 ' :'(CORPORATE SEAL) 34 35 36 ` 37 38 - 39 40 JAC:aw 41 : 4/l/921412/9214/16/92 42 G:bbordidevboard.doo 43 ' i li I i CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additions. i � Page 7 of 7 _. Page 1609 of-1-7112 _ORDINANCE NO ._ 71 �I I I AN.ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING PROVISIONS OF ORDINANCES 6173 AN:D 70-2'OF SAID MUNICIPALITY IN THEIR, ENTIRETY, AND CREATING .A NEW MUNICIPAL PLANNING .AND ZONING BOARD; PROVIDING FURTHER FOR THE APPOINTMENT AND TERMS OF OFFICE OF THE.MEMBERS OF SAID BOARD,-, SETTING FORTH THE, DUTIES AND RESPONSIBILITIES X"REOF AND PROVIDING FUXIIIER, FOR A;SAVINGS CLAUSE.- REPEALING P E'OVISIONS, AUTHORITY TO CODIFY, AN EFFECTIVE DATE AND FOR OTHER PURPOSES: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON I BEACH, FLORIDA: i F- , Se.ction. 1: That the provisions of Ordinance 61"3 and Ordinance 70-2 of the City of Boynton Beach be, and the sauce are, hereby repealed.in their entirety, Section 2: That pursuant to the provisions of Section 23 of the charter of Boynton.Beach, Florida, . there:is hereby created a Municipal Planning and.Zoning Board, which shall consist of seven (7) members, to be appointed by-the City Council, to serve at the pleasure of the City Council. It shall be the duty and responsibility of said Board to meet at the .call of its Chairman or Vice Chairman for the purpose of considering all requests for zoning changes under the Master Zoning Code of the City, to conduct public hearings in connection with such requests, and to make recommendations to th City Council in connection with the City Council's final determination regarding disposition of all such zoning requests. The City Council may, in.addition, refer to said Board for consideration and recommendation-any general subject matter pertaining to municipal zoning within the City. It shall be the further duty and responsibility of said Board to prepare and recommend to the City Council for adoption of a. Comprehensive Page 1610 of 1 12 Plan .for the physical development of the Citv of Bovntnn RPneh ani to rlar$�rt L a Plan.may show, among other things: existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto;. routes of railroads and transit lines; terminals, ports and airports; parks, playgrounds forests, reservations, and other public open spaces; sites for public buildings and structures; districts for•residence, business, industry, recreation, agri- culture and forestry; special districts for other purposes; limited development districts for purposes of conservation; water supply, sanitation, drainage, protection against, floods, and the like; areas for housing developments, slum clearance, urban renewal and redevelopment; location.of:public utilities, whether publicly or privately owned, including but notlimited to sewerage and water supply systems; together with time and priority schedules and cost estimates for the accomplishment of the proposals. The Comprehensive Plan shall be based upon. and include,appropriate studies of the location and extent of present, and anticipated use of land, population, social and economic resources andproblems, and other useful data. The Board shall, in addition, review,. consider and make recommend- ations ecommen -ations to the City Council concerning the Council's final approval of maps and plats of subdivisions of land within the municipal limits of the City of Boynton Beach. Four (4) members of.said Planning and Zoning Board shall constitut a quorum in connection with disposition of matters coming before the Board. Vacancies in the membership of said Board shall be filled by appointment by the City Council. Upon organization, after appointment, the members of said Board shall elect a Chairman and Vice Chairman for the purpose of orderly conduct of their meetings, with the Vice Chaim-nan.to act in the-absence of the Chairman. Page 1611 of 712 {l 2 Section,4:: Authprity .to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in_the City's existing Code. R7 Section 5: Repealing Provisions: All ordinances.or parts of ordinances in conflict herewithare hereby repealed. Section 6: Effective Date: This Ordinance shall become effective in the manner and at the time provided in the charter and Ordinances of the City of Boynton Beach, Florida. First reading this 5"day of January, A. D. 1971. Second,. final reading and passage this clay of� -� 1971. . ' CITY OF BOYNTON BEACH, FLORIDA By Mayor Vice Mayor ATTEST: ' Co Mangy City Clerk � ouncilman Counci Page 1612 of 1712 2 ORDINANCE NO. 15-021 3 4 AN ORDINANCE OF THE CITY OF BOYNTONBEACH, FLORIDA, 5 AMENDING PART 11, CODE OF ORDINANCES, CHAPTER 1.6, 6 "PARKS AND RECREATION" PROVIDNG CLARITY AND 7 ELIMINATING UNNECESSARY LANGUAGE AND INCREASING 8 BEACH PARKING PERMITS; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10 11 WHEREAS, City staff has been reviewing existing code language to assure that the 12 Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and 13 WHEREAS, the resulting clean-up effort will facilitate greater consistency and 14 understanding of the Chapter-, and 15 WHEREAS, Boynton Beach Oceanfront Park is one of the City's most popular and 16 busiest parks and staff-, and 17 WHEREAS, staff is recommending increasing annual resident beach parking permit 18 fees, non-resident parking permit 'ices and daily fees on holidays and weekends while 19 changing the permits from seasonal to annual; and 20 WHEREAS, the City Commission deems it to be in the best interest of the citizens 21 and residents of the City to amend Chapter 16 of the City's Code of Ordinances as 22 hereinafter referenced. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, THAT: 25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2. Chapter 16, "Parks and Recreation" of the City's Code of Ordinances 28 is hereby amended by adding the words and figures in underlined type and by deleting the 29 words and figures in struck-through type, as follows: 30 ARTICLE I. IN GENERAL 31 Sec. 16-1. Board created; appointment, terms, qualifications. 32 There is hereby established a recreation and parks board, hereinafter referred to as 33 "board," which board shall consist of seven (7) members. The city Commissionshall appoint 34 the members of said board. Two (2) members shall serve for a term of one (1) year from the 35 date of appointment; three (3) members shall serve for a term of two (2) years from the date 36 of appointment; two (2) members shall serve for a term of three (3) years from the date of Page 1613 of 1712 u 37 appointment. Vacancies created after expiration of these terms shall be filled by 38 appointments for three-year terms. Members of the board shall be residents and electors of 39 the city. 40 See. 16-2. Removal of board members; vacancies. 41 Members of the board may be removed by a majority vote of the total members of the city 42 Commission. Vacancies on the board shall be filled by the city Commission. 43 See. 16-3. Chair and Vice-Chair of board. 44 The City Commission will appoint a Chair and Vice Chair of the Board. The appointments 45 will by motion of the Commission. The Chair and Vice Chair will hold their respective 46 appointments until the Commission appoints a successor Chair or Vice Chair. . 47 See. 16-4. Meetings of board. 48 (a) In the performance of their duties set forth in this article, the board shall hold at 49 least one regular meeting each month.. Special meetings may be called by the board chair or 50 the recreation and parks department upon prior notification_ 51 (b) Minutes shall be kept during all meetings. 52 (c) The recreation and parks department shall prepare an agenda for each meeting and 53 shall contact the chair of the board regarding the agenda. 54 (d) Four (4) members in attendance shall constitute a quorum before an official meeting 55 is declared in session. 56 Sec. 16-5. Powers and duties of board. 57 Subject to the control and direction of the city Commission, the board: 58 (a) Shall act in an advisory capacity (non-administrative) to the recreation and parks 59 department, to assure representation of ideas of citizens who are interested in promoting 60 better recreation and park facilities and programs for the city. Such advice shall include but 61 not be limited to site locations, development, supervision and maintenance of public 62 recreation and parks of the city. 63 (b) May acquire by gift or donation, any property for public recreation or park 64 purposes. Any gifts or donations acquired shall go through the recreation and parks 65 department and shall become the property of the city, and title of any real property so 66 acquired shall be taken in the name of the city. 67 (c) Shall make recommendations to the city manager and city Commission, through the 68 recreation and parks director, concerning the purchase of property by the city for public 69 recreation and park purposes, concerning the establishment, maintenance, and supervision of 70 public recreation and parks, and concerning expenditures of the recreational and park fund 71 hereinafter established. 72 Shall keep records and accounts of all the activities of the board and make reports 73 through the recreation and parks department to the city Commission and city manager 74 whenever requested to do so. Page 1614 of 1712 75 (e) Shall make feeaffifflend4iens to the difeetof ef feefeation afid pafks and the eity3 76 maf�agef, Ile be sttbfflitted te the ei:Py Cenifnission f6f appfeval, 77 , , and the tls-e� 78 Y r, ivvivuti 79 (f) In exercising their powers and performing their duties as specified in this article, the 80 board shall act through a majority of its members and the chair of the board is requested to 81 sign all papers and documents requiring the signature of the recreation and park board. 82 See. Reereatioi,a�� park est . 83 Q . .. 84 fts o f d0 "ad-on's +-+I-e.r,.+<: 4, eati war . t 4..7 Clr'C[i.TSICGLZCJI-i. 85 86 88 89 90 per-pose othef than feer-e ion and pafks�-. 91 See. 16-7. Use of.portion of Boynton Canal and abutting property prohibited.. 92 All fishing, swimming, diving, trespassing, parking or loitering in or about that certain 93 portion of the Boynton Canal and abutting property owned by the South Florida Water 94 Management District. lying east of the easterly right-of-way line of U.S. Highway No. 1 95 (State Road. No. 5), more particularly described hereafter is hereby declared dangerous, a 96 trespass, and a general public nuisance and such actions by any person are hereby prohibited. 97 Commence at the intersection of the easterly right-of- way line of U.S. Highway No. 1 98 and the northerly right-of-way line of the Boynton Canal; thence proceed easterly along the 99 northerly right-of-way line of the Boynton Canal to the southwest corner of Lot 62, Coquina 100 Cove, Plat Book 24, Page 14, public records of Palm Beach County, Florida; thence proceed 101 southeasterly across the right-of-way line of the Boynton Canal to the northwest corner of 102 Lot 41, Harbor Estates. Plat Book 21, Page 98. public records of Palm Beach. County, 103 Florida; thence proceed westerly along the south right-of-way line of the Boynton Canal to 104 its point of intersection with the easterly right-of-way line of U.S. Highway No. 1; thence 105 proceed northerly along the easterly right-of-way line of U.S. Highway No. 1 to the point of 106 beginning. 107 Sees. 1.6-8---16-17. Resen ed. 108 ARTICLE 11. CITY PARKS AND BEACHES 109 DIVISION 1. GENERALLY 110 Sec. 16-18. Definitions. 111 As used in this article: 112 Director means the recreation and parks director of the city. 3 Page 1615 of 1712 , 113 Park means land owned by the City. and intended for current or future active or passive 114 recreation. Vehicle means any wheeled conveyance, whether motor powered, animal- 115 drawn, or self-propelled. The tern shall include any trailer in tow of any size, kind or 116 description. Exception is made for baby carriages and vehicles in the service of the city 117 parks. 118 See. 16-19. Hours and activity fees. 119 The director shall establish hours that the park or beach, shall be open for public use as 120 may be deemed reasonable and such opening and closing time shall be posted for public 121 information. 122 The City Commission may by resolution establish activity fees for specific activities within 123 any City developed or undeveloped park. 124 Sec. 16-20. Interference with permittees. 125 No person at any beach or park shall disturb or interfere unreasonably with any person or 126 party occupying any area or participating in any activity under the authority of a permit. 127 Sec. 16-21. Showing of permits upon request. 128 Every person at a beach or park shall produce and exhibit any permit from the director. he 129 claims to have, upon request of any authorized personwho shall desire to inspect the same 130 for the purpose of enforcing compliance with any ordinance or rule. 131 Sec. 1.6-22. Enforcement of regulations. 132 , (a) The director and park or beach attendants shall, in connection with their duties 133 imposed by law, diligently enforce the provisions of this article. The director and any park 134 attendant shall have the authority to eject from the park or beach any person acting in 135 violation of this article, and shall have the authority to seize and confiscate any property, 136 thing or device in the park or beach used in violation of this article. Administrative authority 137 is hereby granted to the City Manager and/or his or her designee to designate and post 138 specific areas in city parks as "Quiet Zones." 139 (b) Penalties for violation of this section shall be pursuant to the City Code of 140 Ordinances Chapter 1, General Provisions, Article 1, Section 1-66. 141 Sec. 16-23. Permit required to erect structure or run utility. 142 It shall be unlawful for any person to construct or erect any building or structure of 143 whatever kind, whether permanent or temporary in character, or run or string any public 144 service utility into, upon or across any beach or park, except on special written permit issued 145 hereunder. 146 Sec. 16-24. Removal of sand or soil, shrubs, trees, etc. 147 It shall be unlawful for any person to dig or remove any beach sand, whether submerged 148 or not, or any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or 149 materials, or make any excavation by tool, equipment, blasting or other means or agency 150 upon any beach or park within the city. 4 Page 1616 of,1712 151 See. 16-25. Damaging trees, plants, grass. 152 It shall be unlawful for any person to damage, cut, carve, or transplant any tree or plant or 153 injure the bark, or pick the flowers or seeds of any tree or plant in any beach or park. Nor 154 shall any person attach any rope, wire or other contrivance to any tree or plant. No person 155 shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural 156 beauty or usefulness of any beach or park. 157 See. 1.6-26. Pollution of waters. 158 It shall be unlawful for any person to throw, discharge or otherwise place or cause to be 159 placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or 160 adjacent to any park or beach, or tributary stream, storm sewer or drain flowing into such 161 waters, any substance, matter or thing, liquid or solid, which will or may result in the 162 pollution of said waters. 163 Sec. 16-27. Structures to afford open view; guy wires, braces prohibited. 164 It shall be unlawful for any person to erect, maintain, use or occupy on or in any beach or 165 bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed 166 view into said tent, shelter or structure from at Least two (2) sides, nor shall any guy wire, 167 rope or extension or exterior brace or support be connected or fastened from any such 168 structure to any other structure, stake, rock or other object outside thereof.. 169 Sec. 16-28. Bounce houses. 170 The use of "bounce houses" and other inflatable playground equipment is prohibited at 171 city-owned property unless the company operating the equipment has received prior approval 172 from the city's Recreation and Parks Director, or their designee, to operate such equipment. 173 The notice of approval shall be posted at the location the equipment is installed during the 174 time that the equipment is being operated in order to allow the appropriate city representative 175 to verify that the operator received prior approval from the city. Any equipment installed on 176 ''' city-owned property without prior approval shall be immediately deflated and/or 177 disconnected by the authorized city representative. The provisions of this section shall be 178 enforced by the city's code enforcement officers, as well as the city's law enforcement 179 officers. Regulations regarding the placement, use, insurance, and supervision requirements 180 shall be developed and published by the city's Recreation and Parks Department. 181 Secs. 16-29-16-37. Reserved. 182 DIVISION 2. CONDUCT REGULATED 183 See. 16-38. Alcoholic beverages permitted only at designated places; sale; drunkenness. 184 No person shall drink nor possess alcoholic beverages at any time at any beach or park 185 except at specifically designated recreation centers pursuant to a Facility/Field Use 186 Application, , or at a beach or park pursuant to a Special Event Permit issued by the city. The 187 sale or possession of alcoholic beverages by a concessionaire, or pursuant to a Special Event 188 Permit or a Facility/Field Use Application, will be subject to the strict regulation and control 189 of the director. Sales of alcoholic beverages shall be served for consumption on the 190 immediate premises. No person shall become drunk or be under the influence of intoxicating 5 Page 1617 of 1712 191 beverages. The City Commission may approve of certain holidays whereby the prohibition 192 on consuming or possessing alcohol at the beach or a park is waived. 193 See. 16-39. Animals prohibited. 194 No person shall have, or be permitted to have, any dog or other domestic animals on any 195 designated beach or park area at any time whether muzzled, leashed or not except as 196 authorized in Section 4-33. Animals used by law enforcement or service animals, trained to 197 aid persons with disabilities, shall be exempt from this section. 198 Sec. 16-40. Fireworks or explosives. 199 No person at any park or beach shall bring in or have in his possession, or set off or 200 otherwise cause to explode or discharge or burn. any firecracker, torpedo, rocket or other 201 fireworks or explosives or inflammable materials, or discharge them or throw them into any 202 such area from land or highway adjacent thereto. This prohibition includes any substance, 203 compound, mixture or article that in conjunction with any other substance or compound 204 would be dangerous from any of the foregoing standpoints. 205 This section shall not prohibit fireworks displays where permitted under the provisions of 206 section. 15-5. 207 See. 16-41. Use of facilities provided for opposite sex. 208 No person at any park or beach shall occupy any seat or bench, or enter into or loiter or 209 remain in any pavilion or other park structure or section thereof which may be reserved and 210 designated by the director for the use of the opposite sex. Exception is made for children 211 under four (4) years of age. 212 Sec. 16-42, Soliciting prohibited. 213 It shall be unlawful at any beach or park for any person to solicit alms or contributions for 214 any public or private purpose. 215 216 217 Sec. 16-43. Fires, permitted only in designated areas; dropping inflammable material. 218 No person shall build or attempt to build a fire except in such areas and under such 219 regulations as may be designated by the director. No person shall drop, throw or otherwise 220 scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable 221 material, within any park area or on any highway, road or street abutting or contiguous 222 thereto. 223 Sec. 16-44. Gambling. 224 Gambling, or the participation therein or the abetting thereof, is prohibited at any beach or 225 park. 226 Sec. 16-45. Entering, ❑sing closed area. 6 Page 1618 of 1712 227 No person shall enter an area on a beach or park posted as "Closed to the Public"nor shall 228 any person use or abut the use of any area in violation of posted notices. 229 See. 16-46, Sleeping, lounging; disorderly conduct generally. 230 No person shall at any beach or park sleep or protractedly lounge on the seats or benches 231 or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent 232 language, or engage in any disorderly conduct or behavior tending to a breach of the public 233 peace. 234 Sec. 16-47. Cooperation in keeping rest rooms clean. 235 It shall be unlawful for any person to fail to cooperate in maintaining rest rooms and 236 washrooms in a neat and sanitary condition, 237 See. 16-48. Climbing trees; standing or sitting on fixtures. 238 It shall be unlawful for any person to climb any tree, or walk, stand or sit upon 239 monuments, vases. fountains, railings, fences or gun carriages or upon any other property on 240 any beach or park which is not designated or customarily used for such purposes. 241 See. 16-49. Refuse and trash. 242 It shall be unlawful for any person to bring in or dump, deposit or leave any bottles, 243 broken glass,, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash 244 i on any beach or park. No such refuse or trash shall be placed in any waters in or contiguous 245 to any park or beach, or left anywhere on the grounds thereof, but shall be placed in the 246 proper receptacles where these are provided. Where receptacles are not provided, all such 247 rubbish or waste shall be carried away from the park or beach by the person responsible for 248 its presence and properly disposed of elsewhere, 249 See. 16-50. Swimmers to conform to regulations. 250 It shall be unlawful for any person in a park or beach to swim, bathe, or wade in any 251 waters or waterways in or ad'jacent to any park or beach, except in such waters and at such 252 places and during such hours as are provided therefor, and in compliance with such 253 regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent 254 any waters or places customarily designated for the purpose of swimming or bathing, 'or 255 congregate thereat when such activity is prohibited by the director upon a finding that such 256 use of the water would be dangerous or otherwise inadvisable. 257 See. 16-51. Undeveloped park sites are not open for recreational use unless the use, 258 and the portion of the site where it may occur, is specifically posted. 259 See. 16-52. Dressing and undressing. 260 No person shall dress or undress on any beach or in any vehicle, toilet or other place 261 except in such bathing houses or structures as may be provided for that purpose. 262 See. 16-53. Hunting; weapons; shooting. 263 It shall be unlawful for any person to hunt, trap or pursue wildlife at any time on any 264 beach or park, nor shall any person use, carry or possess air-rifles, spring-guns, bow and 7 Page 1619 of 1712 265 arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous 266 to human safety, excluding firearms, or any instrument that can be loaded with and fire blank 267 cartridges, or any kind of trapping device. 268 Sec. 1.6-54. Place for picnics, regulation authorized. 269 It shall be unlawful for any person to picnic or lunch on any beach or park in a place other 270 than those designated for that purpose. Attendants shall have the authority to regulate the 271 activities in such areas when necessary to prevent congestion and to secure the maximum use 272 for the comfort and convenience of all. Visitors shall comply with any directions given to 273 achieve this end. 274 See. 16-55. Use of fireplaces and picnic areas. 275 The use of the individual fireplaces together with tables and benches follows generally the 276 rule of"first come, first served." 277 No person shall use any portion of the picnic areas or of any of the buildings or structures 278 therein for the purpose of holding picnics to the exclusion of other persons, nor shall any 279 person use such area and facilities for an unreasonable time if the facilities are crowded. 280 Sec. 16-56. Duties when leaving picnic area. 281 No person shall leave a picnic area be bre the fire is completely extinguished and before 282 all trash in the nature of boxes, papers, cans,bottles, garbage and other refuse is placed in the 2$3 disposal receptacles where provided. If no such trash receptacles are available, then refuse 284 and trash shall be carried away from the park area by the picnicker to be properly disposed of 285 elsewhere. 286 See. 16-57. Camping. 287 No person shall camp in any park in.other than permanent cabins for organized camping, 288 provided by the director and used by groups of persons under adequate supervision. No 289 person shall set up tents, shacks or any other temporary shelter for the purpose of overnight 290 camping, nor shall any person leave in a park after closing hours any movable structure or 291 special vehicle to be used or that could be used for such purpose, such as a house trailer, 292 camp trailer, camper, camp wagon or the like. 293 Sec. 16-58. Games allowed only in designated areas. 294 No person shall take part in or abet the playing of any games involving thrown or other 295 propelled objects such as balls, stones, arrows,javelins or model airplanes except in areas set 296 apart for such forms of recreation. The playing of rough or comparatively dangerous games 297 such as football, baseball and quoits is prohibited except on the fields and courts or areas 29$ provided therefor. Roller skating shall be confined to those areas specifically designated for 299 such pastime. 300 Sec. 16-59. Overnight boat docking prohibited. 301 ' It shall be unlawful for any persons to camp overnight on the grounds of Harvey E. Oyer, 302 Jr. Park or to dock their boats on the shorelines or ramp area of said Harvey E. Oyer, Jr. Park 303 either overnight or on a permanent docking basis. 8 Page 1620 of 1712 304 Sec. 16-60. Establishing hours of use at Harvey E. Oyer,Jr.Park. 305 (a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except: 306 (1) Fishermen; 307 (2) Boaters actively engaged in fishing or boating or preparation thereof; and 308 (3) Official permit holders utilizing the boat club building. 309 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 310 between the hours of 10:00 p.m. and dawn of the next day. 311 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but 312 not limited to, storage of vessels, vehicles and trailers. 313 (d) No tether, lock or other personal property shall be permanently attached to any 314 fixtures, trees or other objects on the Harvey E. Oyer, Jr. Park premises. 315 (e) Any decal holder actively engaged in fishing, boating or preparation thereof for a 316 period of three (3) days or more shall notify the City in writing in advance. The City shall tag 317 the trailer and/or vehicle of any such decal holder as an "Extended Stay" vehicle. Any 318 vehicle or trailer that remains in the Park for three (3) days or more without prior permission 319 from the City shall be removed, towed or otherwise disposed of at the owner's expense. 320 (f) Vehicles without a trailer may only park in areas designated for single vehicles. 321 Sec. 16-61. Boat launching and trailer parking user fee at the Harvey E. Oyer, Jr. Park. 322 (a) The purpose of this section is to establish an annual and daily boat launching and 323 trailer parking user fee for the Harvey E. Oyer, Jr. Park, and to establish rules and regulations 324 related to the use of the Park. 325 (b) The City shall charge a fifty dollar ($50.00) annual decal fee. On weekends and 326 holidays, those who do not have an annual decal may pay a ten dollar ($10.00) daily fee. 327 There is no daily fee for non-decal holders during the weekdays (Monday through Friday). 32$ (c) The City shall not differentiate between residents and non-residents of the County or 329 the State while processing decal applications. 330 (d) (1) Decals will be issued to an applicant on an annual basis, October 1. to 331 September 30, upon satisfactory completion of appropriate application forms, commencing 332 October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer 333 (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the 334 ball). Decals placed on a trailer other than the one for which it was originally issued shall be 335 construed to be void. 336 (2) In the event that the trailer to which the permanent decal was issued has been 337 sold or otherwise changed ownership and/or in the event a properly issued decal is mutilated 338 and can be identified, the decal will be replaced for a charge of twenty-five dollars ($25.00), 339 provided the holder can return an identifiable portion of the mutilated decal to the city. In the 340 event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of 341 the decal, the charge for a replacement decal will be the sum of fifty dollars ($50.00). 9 Page 1621 of 1712 342 (e) Boats, vessels and trailers that do not have a lawfully issued decal shall be subject to 343 ! a twenty-five dollar ($25.00) fine. 344 See. 16-62. Enforcement. 345 The City Police Department is hereby given the power and duty to enforce this article, and 346 shall have the power to make lawful arrests for the violation of the provisions hereof: Anyone 347 found to have violated any provision of this section shall be punished as provided for in this 348 chapter or as otherwise provided by law. 349 Secs. 16-63-16-68. Reserved. 350 DIVISION 3. TRAFFIC AND PARKING REGULATIONS 351 Sec. 16-69. Compliance required. s 352 It shall be unlawful for any person at any beach or park to fail to comply with all 353 applicable provisions of the state motor vehicle traffic laws in regard to equipment and 354 operation of vehicles together with such regulations as are contained in this Code. 355 Sec. 16-70. Authority to direct traffic; obedience required. 356 It shall be unlawful for any person to fail to obey all traffic officers and park or beach 357 employees, such persons being hereby authorized and instructed to direct traffic whenever 358 and wherever needed in the parks and on the highways, streets or roads immediately adjacent 359 thereto in accordance with the provisions of these regulations and such supplementary 360 regulations as may be issued subsequently by the director. 361 Sec. 16-71. Observance of traffic signs. 362 It shall be unlawful for any person on any beach or park to fail to observe carefully all 363 traffic signs indicating speed, direction, caution, stopping or parking, and all others posted 364 for proper control and to safeguard life and property. 365 Sec. 16-72. Speed limit. 366 It shall be unlawful for any person on any beach or park to ride or drive a vehicle at a rate 367 of speed exceeding ten. (10) miles an hour, except upon such roads as the director may 368 designate by posted signs for speedier travel. 369 Sec. 16-73. Driving in prohibited areas. 370 It shall be unlawful for any person to drive a vehicle on any beach or park area except 371 upon paved roads or parking areas or such areas as may be designated as temporary parking 372 areas by the director. 373 Sec. 16-74. Parking to be in parking areas; obedience to regulations. 374 It shall be unlawful for any person to park a vehicle on any beach or park in other than an 375 established or designated parking area and such use shall be in accordance with the posted 376 directions thereat and with the instructions of any attendant who may be present. 377 Sec. 16-75. Night parking. 10 Page 1622 of 1712 378 It shall be unlawful for any person to leave a vehicle standing or parked at night on any 379 beach or park without lights clearly visible for at least seventy-five (75) feet from both front 380 and rear on any driveway or road area except in legally established parking areas. 381 Sec. 16-76. Notice of vehicle breakdown. 382 It shall be unlawful for any person to fail to immediately notify an attendant of a vehicle 383 breakdown on any beach or park requiring assistance of a tow truck, mechanic or any person. 384 Sec. 16-77. Double parking. 385 It shall be unlawful for any person to double park any vehicle on any road or parkway on 386 any beach or park unless directed by a park official. 387 Sec. 16-78. Where bicycles permitted. 388 It shall be unlawful for any person to ride a bicycle in any beach or park on other than a 389 paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to 390 wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area 391 reserved for pedestrian use. 392 Sec. 16-79. Bicycles to keep to right,single file; manner of riding generally. 393 All persons riding bicycles in any beach or park shall ride such bicycles on the right-hand 394 side of the road paving as close as conditions permit, and bicycles shall be kept in single file 395 when two (2) or more are operating as a group. Bicyclists shall at all times operate their 396 machines with reasonable regard to the safety of others, signal all turns, pass to the right of 397 any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. 398 Sec. 16-80. Passengers on bicycles; manner of parking or leaving. 399 It shall be unlawful for any person on any beach or park to ride any other person on a 400 bicycle, or to leave a bicycle in a place other than a bicycle rack when such is provided and 401 there is a space available, or to leave a bicycle lying on the ground or paving, so set against 402 trees, or in any place or position where other persons may trip over or be injured by them. 403 Sec. 16-81. Headlights, reflectors on bicycles. 404 It shall be unlawful for any person, on any beach or park to ride a bicycle on any road 405 between thirty (30) minutes after sunset or before thirty (30) minutes before sunrise without 406 an attached headlight plainly visible at least five hundred (500) feet in front of the bicycle, 407 and without a red tail light or red reflector plainly visible from at least six hundred (600) feet 408 from the rear of such bicycle. 409 Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal beach 410 property located within the Town of Ocean Ridge. 411 The city manager is hereby directed to implement subject procedures at the earliest 412 possible date. (Said regulations are set out below.) 413 POLICY NO, 1. PARKING PERMITS 11 Page 1623 of 1712 414 Parking permits will be issued on an annual basis (October I through September 30) each 415 year to residents (see "Definitions") of the City of Boynton Beach, for a charge of fefty 416 yrs-($4 fifty dollars ($5) for each decal issued to a resident vehicle, upon 417 satisfactory completion of appropriate application forms. Applicants will be required to 418 establish proof of residency in the City of Boynton Beach (see "Definitions") and to present 419 their official state motor vehicle tag registration certificate for each decal purchased. 420 Lost or mutilated parking permits. In the event that the vehicle to which the permanent 421 decal was issued has been sold or other-wise changed ownership and/or in the event a 422 properly issued parking decal is mutilated and can be identified, such. decal will be replaced 423 for a charge of f[teen dollars ($15), provided the holder can return 424 an identifiable portion of the mutilated parking decal to the city. In the event the holder of a 425 lost or mutilated parking permit cannot provide an identifiable portion or part of such parking 426 decal, the charge for a replacement decal will be the sum of fei4y dellafs ($40.00) fifty 427 dollars ($50). 428 Qualified nonresidents: Qualified nonresidents may obtain beach decals that permit 429 parking en speeified dates a-ftd tiff annually. The cost for such permit and the dates they afe 430 valid shall be as set forth herein: 431 The permit fee for qualified nonresidents shall be ninety dellafs ($90,00) two hundred T 432 dollars ($200.00) each.. and sha4l be valid seven (7) days a week, fr-em May 1. *10 14evefabeir 433 �-. 434 Definitions. 435 City employees: All city employees, classified, nonclassified and retired, regardless of 436 residency, shall be eligible to purchase one (1)parking permit. Proof of employment shall be 437 established through the personnel department of the city. Persons who terminate (not retired) 438 their employment with the city and who are not city residents shall be required to scrape off 439 their stickers and return.remains to the issuing office. 440 Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or 441 living accommodations within the City of Boynton Beach for a time period of at least six (6) 442 consecutive months each calendar year, as well as members of their immediate family 443 residing with them; provided, however, for purposes of this section, the term -City of 444 Boynton Beach" shall include all property within the corporate limits of the Town of Ocean 445 Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax 446 bill, property deed or lease agreement. 447 Qualified nonresident.- Anyone who is not a resident but who resides in the agricultural 448 reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal 449 , No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the 450 Loxahatchee National Wildlife Refuge. 451 POLICY NO. 2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS 452 (1) Ensure that applicants are residents as defined in Policy No. 1. 453 (2) Request proof of residency. Proof established in accordance with Policy No. 1. 454 (3) Request separate vehicle registration for each parking permit to be issued. 12 Page 1624 of 1712 455 (4) Residents leasing automobiles should provide contract documents establishing the 456 lease agreement or arrangement or company car assignment. 457 (5) Issuing authority shall complete parking permit application by listing separate 458 permit numbers opposite the make, model and year of each vehicle. 459 (6) All parking permits shall be permanently affixed upon the lower, left-hand side 460 (driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than 461 the one for which it was originally issued shall be construed to be void. 462 (7) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be 463 displayed on the left front fork of such vehicle or other visible location in the area of the left 464 front. 465 PARKING FEES FOR MOTOR VEHICLES 466 A daily parking fee is hereby established for all motor vehicles parking at the public 467 beach, except those hereinafter excepted, in accordance with the following rates and charges. 468 May I—November 15 469 Weekdays (Monday Friday) $5.00 470 Weekends (Saturday &.Sunday) and Holidays $10-00 471 November 16—April 30 $10.00 472 $ 5.00 $iO.00 473 Exceptions: 474 (1) Vehicle having affixed thereto a parking permit issued in accordance with the 475 rules and regulations of Policies I and 2. 476 (2) Official state, county and city vehicles entering the park in the performance of 477 governmental functions. 478 (3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when 479 engaged in official park business. 480 (4) School buses transporting Florida school, college or university students in a group 481 or body for a field trip for educational purposes. This exception shall. not apply to vehicles 482 transporting such groups to the park for recreational purposes. 483 Florida school groups, as mentioned in exception (4), must make prearrangements 484 with the director of recreation and parks, or his designee, by submitting a letter from the 485 school principal certifying that the trip is a part of the school curriculum. 486 Parking permits will be available to all city residents as outlined in Policies I and 2. 487 Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with 488 this policy. 489 PARKING AREAS FOR MOTOR VEHICLES 13 Page 1625 of 1712 490 Trucks, buses and trailers shall park in the lower level spaces of the parking area at the 491 public beach. 492 PENALTY FOR NONCOMPLIANCE WITH RULES ANIS REGULATIONS 493 It shall be unlawful for any person to falsify information in the process of applying for a 494 parking permit, for any person to sell a parking permit, for any person to transfer a parking 495 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining 496 to the use of the parking facilities at the public beach. 497 Secs. 16-133-16-92. Reserved. 498 ; ARTICLE 111. BOATS AND BOATING 499 Sec. 16-93. Speed causing harmful wake. 500 It shall be unlawful to operate any boat, vessel or other watercraft upon any waterway or 501 body of water within the corporate limits of the city at a rate of speed which causes waves to 502 damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such 503 waterways. 504 It shall be unlawful. to operate any boat, vessel or other watercraft upon any waterway or 505 body of water within the corporate limits of the city at a rate of speed which causes waves to 506 damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such 507 waterways. 508 Sec. 16-93.1, Boats,watercraft,personal watercraft, speed restriction on C-16 Canal 509 (Pioneer Park). 510 (a) No person shall operate a motorboat or personal watercraft as further defined by 511 Florida Statutes or permit a motorboat or personal watercraft to be operated in the C-16 512 Canal idle speed no wake zone at any speed greater than idle speed no wake. The C-1.6 Canal 513 idle speed no wake zone is hereby established to be all waters two hundred (200) feet east 514 and west of the boat launch area of the C-16 Canal (Pioneer Park). 515 (b) The C-16 Canal idle speed no wake zone shall be marked on the canal with uniform 516 waterway regulatory markers in accordance with applicable state and federal laws and 517 regulations. 518 (c) A violation of any provision of this section shall be punished pursuant to Section 519 327.73, Florida Statutes. 520 See. 16-94. Mufflers required. 521 It shall be unlawful to operate any watercraft with outboard motor or inboard motor not 522 having properly muffled exhaust within the city, in such manner as to annoy or disturb the 523 quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or any other 524 type of residence, or of any person in the vicinity. 525 Sec. 16-94.5. Mooring, docking,fueling or refueling of water craft prohibited. 526 (a) No person shall at any park or beach fuel or refuel any water craft, For purposes of 527 this section water craft shall include but is not limited to motorized boats and jet skis. 14 Page 1626 of 1712 528 Furthermore, as used in this section jet skis shall mean any personal water craft designed for 529 riding enjoyment of person(s), being propelled by a jet pump with a fully enclosed impeller. 530 (b) Anyone found to have violated any provision of this section shall be punished as 531 provided for in this chapter or as otherwise provided by law. 532 Sec. 16-95. Enforcement. 533 The police department of the city is hereby given the power and duty of enforcing the 534 provisions of this article and shall have the power to make lawful arrests for the violation of 535 the provisions hereof, and to prosecute offenders. In case a violation is not committed in the 536 presence of a member of the police department or cannot be detected by observation of such 537 member, he may require an affidavit of any complaining person with assurance that such 538 complaining witness will appear to testify at the trial before making any arrest. 539 540 541 Section 3. Each and every other provision of the Code of Ordinances of the City 542 of Boynton Beach not herein specifically amended shall remain in full force and effect as 543 ` previously enacted. 544 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 545 same are hereby repealed. 546 Section 5. Should any section or provision of this ordinance or portion hereof, 547 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 548 invalid, such decision shall not affect the remainder of this ordinance. 549 Section 6. Authority is hereby granted to codify said ordinance. 550 Section 7. This ordinance shall become effective immediately upon passage. 551 FIRST READING this 18th day of August, 2015. 552 553 SECOND,FINAL READING AND PASSAGE this day of 554 2015. 555 556 CITY OF BOYNTON BEACH, FLORIDA 557 558 YES NO 559 560 Mayor—Jerry Taylor 561 5.62 Vice Mayor—Joe Casello 563 564 Commissioner—David T. Merker ✓ 565 / 566 Commissioner—Mack McCray 567 15 Page 1627 of 1712 568 Commissioner—Michael M. Fitzpatrick V/ 569 570 571 VOTE 572 573 ATTEST: 574 575 576 r 577Jan t M. Prainito, MMC 578 y Clerk 579 580 581 582 { . a 583 lb Page 1628 of 1712 i c t K ! j ORDINANCE NO. 77-5 AN:-ORDINANCE OF THE.C.ITY OF BOYNT.4N BEACH;: F,LQR:IDA. AMENDING;THE FOLLOWING;SECT;ION:S. OF THE:CODIFIED ORDINANCES QF THE.. CITY OF 3OYNTON BEAC.H� FLORIDA: S.EC. ''2 31 AND:SEC 2 33, PERTAINING TO:LIBRARY`BOA'RD: SEC. 2-.41 PEIRTA.IN!,NO .TC PLANNING; I ND ZONING BOARD: SEC. 2 51,,: PERTAINING TO R.ECREA-IO-N A;ND,PARKS BOARD:: SI7B. :S K 111:: 1 ASD 1 .1. i OP. SEC 5-2, P-ERTAINING. TO BUTLIIING BOARD O'F` AD.JUSTMENPiREALS SEC, 6=17, P RTAT TN TO 3NS LPAL CEIMETE:RY,B�ARL�, AND SEC �,D ,A {1} AP�ENDIwAA4 ZONING RE T3LA TIONS P'ERTA Il�TI1VG ?O BCJ OF AL�V 'F�NTS„ T C) PRO: TDE FOR. b1 'C3R`M ER:11IS OF' iI3 .M.E-MV R:S ,QV SA IIS A l CIRY BOA, DS;. . PROVIDING FQR SA UINCYS C LA TISE REPEATJING�I'R O:�?ISION, AN EFFECTTVEAND. OR OT,HE'R PURPOSES: tiVIIEREAS . fh�-City:Cou;nc.ii of th"e .City' of Boynton .Beach, Florida, deems.'it,proper,,for the efficient operation anddm.in° strat:ion of the municipal government that varxo s of the appointed citizen aduisory boards consist of metn'oers,. the terms of which shall be i3nifor:m... and that necessary .amendmen s to ,existi-ag ordinan.ce:s"tae:, enacted ';to carry said-purpose: and'.:intent into effect; NOW,::THEREFORV— BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNT ON BEACH-',:-'.F LOR IDA:: SeGtaon 1: That Section.. 2-31 of the''codified ord;inanoes of the City of Doyriton Beach, F1.61rida, pertaining to the Municipal Library Board, be and the same is' hereby,amended to read;. "Section 2-3.1. Creation; Members Terms. There,;is;he:.reby-established a Library.Board, hereinafter referred to as: `'Board`'. The-Doard shall consist of seven. (.7) mendbers who shall be appointed by the City Council to serve for terms of one (1) year from date of appointment. In the case of vacancy by r;esignation., rernoval or otherwise, the. City Council shall fill.such:vaca,ncy by appointmeat.:" Page 1629 of 712 s i Planning.and Zoning Board, be and the same are hereby amended to read: "'Pursuant :to the provisions :of Section 23 of the,.Cha.rter of-the City sof' Boynton Beach, Florida, 'ther.e' is hereby created' a MunicipaI Planning and Zoning.,Boards which shall .consist of seven (7) members to be appointed by the City Council, .to serve:,for terms of one (1) year'.from date,.of appointment, If a: vacancy, shall occur onsaid Board, sa'mo shall be f:i-lLed by appointment by the City Council. Members of the: Board may'be:removed.by a majority .vote 01 1 the .total members of the .City .Goun.cil.." ,Section: 3: Section 2�51 of'the codified.,ordiriances of the City of Boyntor. Bea.c h, Florida, pertaining. to ;Recreation. and:Parks Board, be and the same is hereby amended to read: I "Sectipn 2-51: Creation; Members; Qualifications. 'There is hereby. established a Recreation and Parks Board, hereinafter referred to as "Board";` which Board shall .consist: of seven (7) members. The City Council shall appoint the members of said Board, which shall .serve for i terms of one (1) year from.date of appointment. Members of the Board shall be residents of the City of Boynton Beach, Florida. " Section 4 Subsection 111. 1 of Section 5-2 of the codified ordinances of the C,ity.of.Boynton. Beach, Fior.ida, pertaining to the Building Board of Ad'-. justments and.;Appeal,s., be and the same is hereby amended to read: "There .is hereby created and established a Board designated as the Building Board of Adjustments and Appeals, which. shall consist of five (5) :members, who shall be appointed by the. City Council to serve for terms of one (1) year from date of appointment.. Said Board srall:,becomprised of citizens with sufficient .know ledge and previous experience in the various trades` connected with the building Page,lQ30 of 712 I 'I Subsection 111. 2, of`Se` t on 5-2 oftheco'if ie dd.ordinances of the. City of Boynton:Beach, Florida :. b,e_,and_the same .is hereby repealed .in its entirety. ` Section 5: The first:.par.-agraph..of Section 6-17 of the codified ordinanc s .of the City. of.,Boynton Beach, Florida, pertaining to the MunieU al Cemetery Board, be and the.:same is he.xeby ariiend d to .read: "These is hereby created and established:a Board. of Governors of the Municipal :Cenikery_F,und,. which s:ha11 consist of the City. Clerk and fig.: (5) . other persons, who shall be appointed by the. City'Counci.l to serve for terms o one (1) year from date of appointment. Four (4) members of the Board shall constitute a quorum. The Board shall have the r>;ght�Ao establish rules and . .regulations for the management and control of any.cemetery :owned and operated by the City; and for the conduct of the Board's business, not inconsistent, however, with theprovisions of this article, and .in addition thereto, shall comply with, abide by.and enforce the provisions and conditions of this .article. Provided, however, that the. Board shall have no right, power or authority to contract for expenditures, or to expend any ,money except insofar as permi8sicn to do so shall have: b'een.granted by Motion or Resolution.of .the City Co.uncil. " 'Sect-ion 6- S -ibseetion A(1) of Section 10 Appendix A to the Zoning Regulations of the codified ordinances of the City of Boynton Beach, Florida pertaining to the Municipal Board of Adjustment be and the same is hereby amended to read: "secti.on. 10. Board of Adjustments. A. Composition and Procedure. I 1. The Board of Adjustments shall consist of seven (7) regular mem- _ tiers and not more than two (2) alternate members, who shall be. appointed by 'rhP C~i+�T ( n'tinnil all .nf irrh.r,wn cF,.�lt coytra fl ,. + ,.,ti R �, 1 r_ ..PagP—JC1al.-of 712 ' i Ij E { Boards shall, terminate on the effective:date of this ordinance. The members. of said Boards shall tr ereupen be appo.inted.by the City Council in accordance with the rovisia s of,this ordinance.. The ": terms of Boardrriembers appoint in 1977 shall expire on ::January ,2,: 1:978. Section 8: SeparabiL: ty: Each of the provisions of this ordinance is { sep'a.rable, inclining word clause, phrase or senterie, and. if..a:ny portion hereof`shall be declared J valid, the remaining port dn. -shall not.be affected. but shall remainm. 1u,ll force and effect. Section 9: Repealing Provision: Allordinances. of parts of ordinances in conflict herewith are hereby.repealed, . Section I.0: An Effective ,Date.: This ord nance shall bec6rne effective .in the manner and at the time provided by law. Sectio :11: This ordinance is.% ado pted:pursuant to the provisions.of .Section 23 of:t.he.Codified Charter of the City of Boynton. Beach, Florida. . First reading this 18th day of January, A. D. $ 1977. Second:,. final reading and .passage, this day..of at , A. D. , 1977. CITY_ OF BOYNTON BEACH, FLORIDA By �r .Mayor Vice yor Councilmember i1 ` Counclmerx�.ber ' Page 1632 of 712 - s .I OItRINAXCE.l n AN ORDWAwCE RELA'1"INa TO nxc=ATIOx Ax)D PAS; XSTA 4k, G.A R=RIIATION ANit PAR BOAAD- ' 1 - ..Q.ITS,PO"R5 AND 0XITI f Z$TABLIMING A. R C BATIONFUND; DERUMG PARK AND FACUATY I EP=0A.TIONSj A PLPRAL•TY FSR 13AANDHYCU.AV.QN � FACILITY I71 1 EDATIOI ; _AXD 1WF0VXG'PUBLIC PAP=. BE IT OADAIlMa BY THE] YOH AND CITY COUNCIL OF:THE CITY OF BQY)gTOLf.MACK. FLORIf3A., , =OW. CREATIGN AND PARK.BOARD ES`T'ABIMED. There is hereby datablighed..a.Recreation.S=d Pl'x/ k.Board, hereinafter referre ielat3fyr8. The.City'Counc , appoint mpmbera ref.the Board. Paur members of thel Board first appointed hereugderx eh.aU serm for a.term.of two year3sand the remai sing three membera for:a,ternx-ipl one year. Thereafter, meimbers.shall be.a to for a.term_of two- ears.or.:watil-their successors have teem appointed and qualified.. 'The.p1'P*,sd;'Ofthis ardingnce..is to combine, end replace.the pre,- "May,01isti Oeatiea..l 09rd and Parks and Pi Y9X-Ounds;Bo rd o.avoid o erl ppiag:i✓notions psi said bodies. EC QUAL V CATIOB OF BOAR: MBF;RS. Members of tree Bid,aball be residents.Of Boynton I3moh, .Florida. SE CT12N S OFFICERS OF TRE BOARD Within.ten,.days frem thje date of.their appOintment,. the Director of Recreation, and,Parks Sha l.call R.moeting..far the,members:of the Board-to-organize by electing..One �f mbers's'Chairmae and�x�ce of their member "rice - - Chairaaaaa" Of the Board. EC't'IE)W 4. POWUS.AND DUTIES. Subject tc>ther I.:and direction of.the City,.Couacil,. the Board: .. 0 $,h all act,in an advis ry capacity,(non-administrative) to the creat xr pattn�entx ..0 a Mwe r,e_preseatatit�n of ideas.of citi$exts viiia.are tere promoting better recreation and park facilities ' and.progranx.for the City of Boynton;Retch,..Florida. Suchadyloory:shall imlude-but not be limite a site ldcatigns,. &Yeldpment, supervision. sad mlaintenAnce of public reere.a.- rr and.parka.of the City. (B.I ,VL acquire by g fi or.donation, any ?pe for public creation or.park At es. Any gifts or donations acquired .shall go..through he Seereation:.and.Parka Departmrent and shall become.the property of.ths ..ty Of SoTnton Beach, Florida. and1itle of RAY real property so.ae"ired..sball taken is.the mime oF.the City of BaMtOn.Beach, lgorida.. . ._..__ _--- ___.__. Page 1633 of 1 12 k (e) Shall.make recommendations tai the City Amager, and City Council, thr+ u h:the Be:crea$idh re titer concerningr the purchase of property by the amity for.public:recreation and park purpegeg, concerning.the establish meat, p3 ut.o ranee, and.,suporldslOn Of publie,rec reattion:and,parks, acnd_can cee i expexldit s,of.the R, ere*tiapa,l Fwd I exe3 as ,cr egi faiied, $) Sb�all asnau&W,',. in.aa.adviaory* capacitor; ,:asaii%t:the Becrei iah _ ble artmcat,`inr p F ' hag`a P?"op"ed_bgdget for..prbTac aad parrks for the city©f B3yaartti,Baax..' (E) Shau.keep records and account of.all the activities of the Boar and:maker roports.threug'the:4ecroati on.Department to.the City.Council. and.City Manager whenever rteq�xented.tea dc►so; and'.Parks.00 Shall,.make:are. agendations t the Director.of HLecreation - and#lie pity Man r F to be submitted to the City Council for 9LPPTPY. _-d concerning employement of persemn6l, which V ll conaujuti. .instruct,. super�zise actiy7tieg, ..and.the tree:Of public recreation:and park-faeilities of tete. city. a^NOTl N5. BZ-CABATIONAL FUND EST°ABLISEMB.. 'I'Etere is hereby eater li0hed as a.part of,the. City:Tre"utyra<fund to beknown as.the Iteereai capal Pond. X11,rs�one y gifts or donations to.tom City fir recreational-,or-parki purposes.shk be paid Intra:said fuad. =WTION 8.. . E PI OVIUl�S OF A CBF�TIf:3NAL FUND. -XpenditUres r h Beereation ad. the City a+haly `be in fine mammr and for -provided by.,statute of.Fl:etrrl" and/or,City Of BbyAton Beach for-the expnaditures of municipal funds. No monetary g A or do ice.to lhe:City for pie W'k:purposes shah be: expanded for. aV pu§rp"e otlai,*r:than recreation And.parte.. SM G".l MN 7. .PARK=J%Zl vATXONS. Park deprodations;Gree herelay defined.to ipplude but not..be,limited.t(s the,mis- di taking,. stiu� g,,.di.sfi.guring.or destroying of Any publicpark, recrea- tional fai;ili 3:+ess dr park.property.. Apy persorn.or pm`sons found.guilty of park depredations shan be p4nished by a fine,of npt less.than,five 0014-trs ($5 Oo nor mare.than.five. hundred dollars4500.E10) or by impris4aimcut.ju We City fail rot exceeding,g:ti days,. :c b tta such fine and.imprisonment,, at the discmtton.of,the.court. CTION €i. PUBLIC )?ARKS. FMD. Public Parka are hemby defined to include but not to be...Iim.itcd.to playgrounds, plir:.fi16MA, indvar recreation,a*nters, and other rr;ereation,areas and facilities Which..are•owadd or controlled by the City. SECTION 0., MEETINGS OF 'I`ll-190AEi D. In1he perforanan�e pf:their duties set fgrth i.n the vrdipanL-e, .the Board.shun 401481.least one,regular meeting each.maTdh in.the City Hail Speciail me,et- ings:may be.calle d.by thi,Board.Ehairm=.er floe Recreation I)Opartment upon .pylar natificatiop, :(A) 1finptes.Shan.be kept during.all meetings..With a mpy given tv.the City l a:nager an-the arig n�*1 copy,place d.is.the files of:tho Ike creatiela. Department. (b.) The Aecreation'Department shalt prepare an agenda,for. each meeting.and;shall eentaet the Chairman_ f.the Board regarding:agenda. (C) Four members.in attendance:shall; eonatitute a quorum befwe an official meeting is declared.in.aes.sioa: .�. ..._.__Page-1634-,of_1 12 i 5FCTI.OX IG; RXMQVAL OF AMMMRS VACAXCW-4C � Membersof the RQard may be mi ay d.by a.%a"algr%ty vote Of.the to,W members" Of.tho City Ccs eiT. Yac ciep.,on..the.Bgrard;sha t,Vie.fwd by_tom pity CO=ci1 ,C'FFIC?kd I Z. .FRQYI or R'E ER. HF' F3t1G`k:LSF.33J ' In excereiszxg`tir para.aid:pe .P* daa :spet�:i€ied.. n.ilS , bIr b&am e,.-the BO4xdi xhxU aek.through.a mai;rity b! I n embars.and.i4t ha#-Isgd-Of the.Nbard is'.requ #eci wpsi z.ill papl--m and d,ecumonts.re`gviring the sigtusat#=O at.thy.Redcbatibli as d Fh rk-Board, MON.1 Z: AR-AMMY, Ram of tkcd.P bf. pr ix are separable including word, clave., phrr�s: sr s x�t� =4 -i€as�r PrOVI$IM bdr _shall be deelared.inva13d. .ths remaining portion sba [art Aw affe buishv4l,remaip..ia fall force and meet. Allardaa cee er.:;ir. of or #; s;in etrnMet barewitlxare hereby repealed, First reading this i&th day,of January, A. D. 1961. 6e Wnd, final reading,god passage this <p � da g Of 'CMT i' F TO.9 B CI3,., f1B d r B ay*r Q:CiW+- (SFJ' C�acit Ctat�zicilman City, Merle C , an t Page 1635-of 17,12 b ORDINANCE N0494-1,,;? i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, ARTICLE IX. , RENAMING THE "ADVISORY BOARD ON THE ELDERLY" AS "SENIOR ADVISORY BOARD"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. i WHEREAS, the Advisory Board on the Elderly was created by City Ordinance No. 92-13, adopted June 2, 1992, to.identify the unmet needs of seniors in Boynton Beach and to make recommendations as to how those needs can be met; and WHEREAS, at the request of the members of the Elderly Advisory Board, and upon review by the City Commission of the City of Boynton Beach, it has been determined that the term "elderly" does not identify all of those seniors, defined as i people over age 55, who live in the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE l CITY OF BOYNTON.BEACH, FLORIDA, THAT: i Section 1. That Chapter 2. Administration, Article IX. Advisory Board on the ` Elderly shall be amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 2-141. Creation. The city commission, in accordance with the powers vested in it, hereby creates and establishes an advisefy beeFd em the eldefly- Senior Advisory Board. All references to the Elderly Advisory Bogrd shall hereafter bg construed to mean the Senior Advisory Board. Section 2-142. Duties. The adviseFy beBFd en the eldeFly I Senior Advisory Board shall act... a Sec. 2-144. Organization. (a) The edViSefy beBFd en fige e1deFly Senior AdvisQJy Board shall be ... Sec. 2-146. Qualification. i The members of the advisefy beeFd en the eldeFly I Senior Advisory Board shall be... Page 1636 of 712 O IP I I FIRST READING this_ZZ day.of May, 1994. i I SECOND READING AND FINAL PASSAGE this /' day of June, 1994. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice yor Mayor Pro Tem Commi ion i, Co mis i r ATTEST: Cit Clerk c Elderly.brd 5112!94 i Page 1637 of 1712 I ORDINANCE NO. 092-/,f AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN ADVISORY BOARD ON THE ELDERLY; PROVIDING FOR PURPOSE; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, the City Commission of the City of Boynton each, Florida . has duly considered the Report of the Findings and Recommendations to the City Commission ubmitted by the Task Force on the Elderly dated April 28, 992; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in the best interests of the itizens of the City to establish an Advisory Board on the Elderly which shall serve as a fact-finding and advisory oard to the City Commission on issues related to elder ffairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The "WHEREAS" clauses are hereby atified. and confirmed as being true and correct. Section 2. CREATION. The City Commission, in ccordance with the powers vested in it, hereby creates and establishes an Advisory Board on the Elderly. Section 3. DUTIES. The Advisory Board on the lderly shall act as a fact-finding and advisory board on he following issues and on such other issues as are, from time to time, designated by the City Commission by Resolution: _ To assist the Elderly in: � A. Setting up a retired senior 'volunteer program known as RSVP to provide services for the homebound; B. Seeking Federal and State grants to provide for ervices; C. Monitor and lobby for legislation regarding the elderly; Page 1638 of 1112 D. Make arrangements for the medical mobile unit already in operation in Palm Beach County to bring it to the ity of Boynton Beach; E. Provide a pamphlet of available programs for eniors; F. Provide a speakers bureau, workshops and ducational meetings on topics of interest for seniors; G. Recommend free legal programs and banking services or the homebound; H. Provide recreation and social programs. Section 4. RECOMMENDATIONS OF BOARD. The Board hall periodically advise the City Commission of its fndings with respect to the foregoing issues and shall ake recommendations to the City Commission on any matter eferred to it within thirty (30) days or within such time i s prescribed by the City Commission by specific Resolution. Section 5. ORGANIZATION. A. The Advisory Board on the Elderly shall be omprised of seven (7) permanent members and two (2) alternate members, all to be appointed by the City ommission. Of the members so appointed, four (4) shall be or a term of three (3) years, three shall be for a term of two (2) years. Their successors shall be appointed for a term of two (2) years. Alternate members shall be appointed or a period of one (1) year. B. Any member failing to attend three (3) meetings hall be notified that one additional absence shall utomatically forfeit his or her appointment to that board. C. Any member of the Board may be removed for cause in accordance with State Law. The City Commission shall romptly fill any vacancy. i D. At the organizational meetingg of the Board a Chairperson and Vice-Chairperson shall be selected by majority vote of the Board. The Chairperson and Vice-Chairperson shall be selected annually at the May meeting of the Board. Page 1639 of 1 12 Ili Section 6. MEETINGS. The Board shall meet egularly once a month, or more frequently if necessary, for he transaction of business. Its meetings shall be open to he public. The Board may establish its own meeting rules 4nd procedures for the conduct of its business. Four (4) embers shall constitute a quorum. i i Section 7. QUALIFICATION. The members of the dvisory Board on the Elderly shall be residents of the City f Boynton Beach, Florida. Section 8. POWERS. Nothing in this ordinance hall be construed as restricting or curtailing any of the Owers of the City Commission, or as a delegation to the oard of any of the authority or discretionary powers vested nd imposed by law in the City Commission. The City ommission declares that public interest, convenience and j elfare required the appointment of the Board to act in a purely advisory capacity to the City Commission for the purposes set forth in this ordinance. Any powers delegated ere to the Board to adopt rules and regulations shall not e construed as a delegation of legislative authority, but urely a delegation of administrative authority. Section 9. That all ordinances- or parts of ordinances i ! n conflict herewith be and the same are hereby repealed. Section 10. Should any section or provision of this I i ordinance or portion hereof, any paragraph, sentence, or jword be declared by a court of competent jurisdiction to be i j invalid, such decision shall not affect the remainder of i his ordinance. i Section 11. Authority is hereby granted to codify said ! ordinance. l Section 12. This ordinance shall become effective e ! immediately upon passage. l i I i i i Page 1640 of 17 12 FIRST READING this l9 day of L992. SECOND, FINAL READING and PASSAGE this day of LJ�GG✓E , 1992. CITY OF BOYNTON BEACH, FLORIDA Mayor V1.69/( Mayor I C oner 0 oner Commiss er TTEST: itf Clerk Corporate Seal) LDERLY.ORD /13/92 ev. 5/29/92 ' I I I I I y I I I i Page 1641 ofl 1712 � o m c gm V 9 Op 0 5' S $ O it m E �� rn W m m E � c s o ° � C c120 WE O a m a � O mom . 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SEftt 9 m z OrMTM � >0 ca cpm Z O O 1=0 -C E C a `° c r 20 m e c H H a1 E Nd �° C (� EEy4Qoc ai E `oc � mD :Q E O — g s > c6 c o W � � 02 0 06� :Ep_ t y 7 O ° C m W Go) ° Gyp4) m I m 8 ° 11 . w p m m `�� cM � m4 m to p pc m m m 3 N V m m V Vi. 0, t-oma > a wp`�° cCO0Z5 m C V ° C C7 -Zm e r w a CMD g $ m � c c c r� £ O 5 ? $ o a m ami E E o m ac c g; off' v m c a c _c Q O O m ° �° m � � . c c m m S) m tl1 R Gf 'm0 c - 0 3 H E aci S) s �+ m Q m d � m c yZ w E m a> t >. = 3 O m 0mt ° 4 m - ai v1aEo :6 - 3c m E off " — �o > EL C7 O - m O CCO y (�� m y t m m E O O N _� O N E mfA p m t N j 6a C L C .0 •— C 3 •� 0 � gnaCE .gy. pE _ HEO �_mE h �' E c f� d [1 m U ° > m O fig.. O r cr3 V E m E m ami m a °c8' m a E 0. co1 m & .5 €o H Oo U d OD w o S L-tft' a a aE E ro , EEj�> 0Xf- 1- F- rn ►- 3 > 33 208 of 289 N � N N `� 7 �z.. za z' z z zrY r "zr ZZ z r zz c � r-� ell w 4mmS z z Z r z z 2 z Y g'z KQ St ,C =aa ID 4 � y rzz azr rr zr z v z azz zr. r zz . za z N M„may �O IT O7 1► ry U cl a' E E V m HISTORY OF DISCUSSIONS ON ADVISORY BOARD APPOINTMENTS—MULTIPLE BOARDS 01/01/73—Discussion —no one person serve on more than one board. It is not fair to impose burdens on them and possibly cannot attend to their duties. Motion made and passed unanimously a member can only serve on one board at a time. 11/21/89—Vice Mayor pointed out many applications yet some are appointed to serve on two board. Suggestion made to limit service to one board. Comment made that the applicants were not qualified. Motion made to limit service to one board passed 3-1. 11/6/01—Agenda item submitted with recommendation to continue practice of allowing service on only one board. Survey was taken of other city practices. Commission discussed advisory board membership, attendance and performance standards. Comments included Commissioners serve on more than one committee or board; not allow service on two quasi- judicial boards; more than enough volunteers and serving on more than one board would result in a loss of diversity; marketing of boards was needed. There was consensus to draft an ordinance clarifying to attendance. 10/4/04—Commissioner McCray agreed with citizen that citizens be allowed to serve on more than one board. 02/01/05 —Mayor Taylor responded to citizen that no Commissioner had been willing to take up the cause of serving on two boards. 02/05/08—Mayor Taylor and Commissioner Ross want to consider serving on two boards. Commissioner Hay did not feel enough was being done to solicit volunteers to serve. New members should be given a chance first. A review of the process was suggested and the online application was considered to be cumbersome. 04/20/10—Survey of other cities was submitted that revealed 31 municipalities were contacted indicating 20 cities allow membership on one board, 9 allow service on multiple boards and 2 cities did not respond. Diversity on the boards was needed and alternates are often used in place of regular members. It was stressed that limiting the participation would not impact filling seats on boards. Motion made to allow sitting as a regular on one board and alternate on another that passed 4-1. 06/20/17—The prior practice established in 2010 was continued. Page 1645 of 1712 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner McCray said before he makes an appointment. He requested clarification regarding residents that are serving on multiple boards, how this affect an appointee. Judith A. Pyle, City Clerk said she did look into this situation. This was reviewed in 2010. At that time, a motion was made to allow for a resident to serve on two boards. Ms. Pyle advised the appointee can serve on two boards; one as a regular board member and one as an alternate. Commissioner Romelus wanted to know how this would affect Ms. Susan Oyer. She was already serving on two boards as regular members already. Ms. Pyle said that she would need to become an alternate on one of the boards; if there was availability. Commissioner McCray asked Ms. Oyer if she was selected; would she be willing to drop one of the other boards. Ms. Oyer, had spoken with the Clerk regarding this matter. She would do whatever was needed. Commissioner McCray said that he would nominate Susan Oyer as an alternate on the Planning and Development Board. Ms. LaVerriere, said that this was something that changes with the Commission. This can be changed at any time by amending the ordinance. Motion Commissioner McCray nominated Susan Oyer to the Planning and Development Board as an Alternate member. Motion seconded by Commissioner Romelus. Vote Unanimously passed. Motion Commissioner Romelus nominated Chris Simon as a regular Library Board member. Seconded by Commissioner McCray. Vote Unanimously passed. 13 Page 1646 of 1712 10. B CITY MANAGER'S REPORT April 20, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 20, 201 0 OPENINGS 171 PUBLIC{-TEARING EJ OTHER CITY MANAGERS REPORT ANNOUNCEMENTS/PRESENTATIONSFUTURE AGENDA ITEMS NATURE OF _LL AGENDA ITEM El ADMINISTRATIVE NEw BUSINESS CONSENT AGENDA LEGAL BIDS AND PURCHASES OVER$100,000 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review staff recommnedation concerning residentsNolunteers serving on more than one Advisory Board and permit staff to conduct further review of the City's Advisory Board program. EXPLANATION OF REQUEST: Over the past several meetings the City Commission has discussed whether or not current advisory board members should be permitted to serve on more than one board. Our current Advisory Board Listing is attached (Exhibit A). Staff broadcasted a request to Florida cities requesting their guidelines on board membership. The survey results are attached (Exhibit B). The majority of the respondents restrict members from serving on multiple boards. However, there are cities that do allow it. One general theme we found was that many cities had restrictions on serving on "quasi-judicial" boards. Staff consulted with our legal department and concluded that a member serving on a quasi-judicial board, i.e. the Planning & Development Board, the Code Enforcement Board or the Building Board of Adjustments &Appeals, should not serve on a secondary board due to potential conflicts. The Building Board of Adjustment and Appeals, the Code Enforcement Board and the Planning and Development Board all have limited final authority to take action on certain matters they review. Because of that authority they are not purely advisory boards. The delegation of final authority to those Boards results in board members holding "office" as that term is used for dual office holding purposes. As a result of that designation an individual on one of those three boards may not serve on other boards. 202 of 289 Page 1647 of 1712 Staff reviewed minutes (Exhibit C) dating back to 1973 where the Commission had some form of discussion on sitting on multiple boards. For the most part the prior Commissions' intent was to not allow multiple board membership. Staff recommendation: Advisory Board members be permitted to serve on multiple boards with the exception of our quasi-judicial boards: Code Compliance Board, Building Board of Adjustment &Appeal and Planning & Development Board. If a member sits on any of the above mentioned boards they should be restricted from serving on any other advisory board. Advisory Board Program Review: As the Commission knows there have often been times where we've struggled to fill our Advisory Boards. Staff has developed marketing plans to improve membership and they have been effective. However, this issue continues to arise. Staff feels this may be an opportune time to review the entirety of our Advisory Board Program, in terms of board structure, board purpose, board accomplishments, goal setting, training, membership and promoting volunteerism, etc. With the Commission's approval staff will conduct a review of the program and report back to the Commission with recommendations for revisions. A brief outline of our review process is: 1. Reference the American Assembly Recommendations regarding Advisory Boards. 2. Research the purpose, goals and objectives of each Advisory Board through the City Code of Ordinances. 3. Interview current Advisory Board members to learn about their roles on the Advisory Boards and what they would like to be doing in the future. 4. Create a Comparative Gap Analysis of the gathered information. 5. Seek Public Engagement through mechanisms such as surveys, public forums and local charrettes to determine community need. 6. Provide to Commission staff recommendation of goals and objectives for existing Advisory Boards and possible deletions and/or additions of Advisory Boards. 7. Provide to Commission staff recommendation on revised structure for Advisory Boards to increase community interest and volunteerism. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Allowing board members to serve on multiple boards will have minimal impact on the program management. In terms of the overall program review, staff will provide recommendations to enhance our current advisory board program. FISCAL IMPACT: N/A. Staff time to be utilized for program review. ALTERNATIVES: 1) Not permit multiple board membership; 2) modify staffs recommendation; and/or 3) not permit further program review. Attachments: Exhibit A—Advisory Board List Exhibit B — Survey of other cities Exhibit C — Minutes of previous discussions 203 of 289 Page 1648 of 1712 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2014 w'as tabled for review of documentation submitted. Lori LaVerriere, Assistant City Manager, advised the direction had been for a franchise fee with seven vendorse/ tall found 't would be doubtful that tow companies would want to participate ins such a program nd would not recommend moving forward with that type of model. She reiterated he original recommendation for the Commission to go with,'an exclusive franchise agreement or non-exclusive with possibly two or three vendors as a revenue source for the city. Ms. LaVerriere stressed that with two or three v ndors there was no way to control the number of tows and it may not be equitable for ach to pay the same franchise fee. \7\ Commissioner Holzma ,,recommended an RFP be issue ithout limiting the numbers and see what the market would dictate. Ms. LaVerrier replied the.vendors would not have a basis to calculate thei franchise fee becaus he amount would change if they were exclusive or shared wit two or even thre vendors. It would result in lower franchise fees being bid. Com sinner Holzm favored option B with some sort of way to establish a market value wi out limitin he number of vendors. Commissioner Hay supported option B. Commissi er Or ve agreed with Commissioner Holzman, but opted to support option B. Vice or Ross wanted option C. According to Attorney Cherof, another option would b o not specify the number of responders to be selected. It would result in establishi the it market value and then the decision can be how many to select. Ms. LaVerr' re repo d the full RFP had not been completed as yet. Mayor Rodriguez wante assurances hat the RFP would encompass all aspects of the City's towing needs. The recommendation was that all City tows be free which was an industry standard: otion Vice Mayor Ross movedto approve option B, except modify the statement, and after the phrase, " . . . for our towing business." and delete the rest p the City Attorney, Commissioner Orlove seconded the motion. The motion passed una i ously, Dan Miller, representing Eastern Towing and Dave Floering, attempt o comment and Mayor Rodriguez explained there was no public comment permftted, on City Manager Reports. Mr. Miller persisted and indicated Mr. Floering had been seit letter inviting him to participate in the discussion by the City Manager's office. ayor Rodriguel understood they were invited to come, but the criteria is clear and t re would -be no public input. Attorney Cherof explained the rules are published with e agena package, there is no public comment allowed under the Report section of the agenda. The Commission rules do not permit input notwithstanding the letter. B. Review staff recommendation concerning residents/volunteers serving on more than one Advisory Board and permit staff to conduct further review of the City's Advisory Board program. 15 Page 1649 of 1712 i Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Ms. LaVerriere indicated survey results revealed that most municipalities do not allow dual service on boards. Some did, with the caveat of serving on only one quasi-judicial board. Staff made that recommendation. Commissioner Orlove appreciated staffs thorough review and he agreed with having diversity on the boards. He suggested that a regular board member could only sit as an alternate on another, board giving more of any option for diversity. Commissioner Holzman supported the suggestion. Mayor Rodriguez thought the limitation would defeat the purpose of serving on two boards, Commissioner Orlove pointed out alternates are often given the opportunity to vote and are active participants. Commissioner Hay supported the concept of a regular member on one board and an alternate on the other, except quasi-judicial boards. Commissioner Orlove pointed out that all the vacancies are for alternates. Mayor Rodriguez reiterate his position that by limiting the participation it would not impact filling seats. Motion Commissioner Holzman moved to approve the recommendation of Commissioner Orlove that the individual sit on one board and then only as an alternate on another. Commissioner Hay seconded the motion. The motion passed 4-1 (Mayor Rodriguez dissenting). Ms. LaVerriere sought approval to move forward with an overall review of the advisory board program, their purposes, effectiveness, the need and complete an overview. There was consensus to allow staff to continue the review. C. A prove a proposal from Academy Roofing & Sheet Metal Co. for the-"" in ation of a temporary rubber roofing system at the Old High School in the amoun $18,800. Jeff Livergood, Director o blic Works and Engineering, reported,the Old High School had a leaking roof over the g nasium and the City had installed a very inexpensive tarp over the roof. The tarp did n t,last. The proposal-would provide a better roofing system over the old roof, particularly over the gymnasium. The entire roofing system would need to be replaced when the buil6ng is renovated. There would be an alternative of doing nothing. He yadvised the aesthetics and value of the building to many is the exterior. The interior would require exte ve renovation. The proposed roofing would not extend thlife of the building. The floor in-the-gym was already totally rotten. In Mr. Liv rgood's opinion the roof would not save anything in the interior. If nothing was a the floor would get worse, but it is not in a conditibn,that can be renovate t will have to be replaced regardless of any further damage. Tfte-funds woul aken out of small scale projects. The project was not budgeted. Vice May r Ross recalled a recommendation had been made that the roof had to be stabilized. Mayor Rodriguez added it would be some time before the building is renovated and he 1s Page 1650 of 1712 Meeting Minutes Regular City Commission Boynton Beach, FL February 5,29(1 C. Recommended Procedure for Sale or Conveyance to the CRA of Prorty Owned by the City in the Heart of Boynton. Mr. @cess"er reported the parcels are generally located east of east of Se between 9'"and 11th and Fed�ral Highway. It did not include the properties the City o west of Seacrest near Poinciana"school. It would cover the original area of Phase I of th Heart of Boynton plan. It was proposed the value would be the greater of the initial pur ase price or the value of property as established by a 2008 letter appraisal for each of th roperties. A reverter clause may have an impact o`n the purchase price and the deed rests on would follow the property. Attorney Cherof advised the CRA could request a waiver of the reverter clause from the County. Mayor Taylor summarized the request was to transfer thee properties to the CRA for a price to be determined. ti Mon `4 Commissioner Kay moved to authorize transfer of the properties to the CRA for a price to be determined. There was discussion on the cost of appraisals"and the need for both the CRA and City to have appraisals done. Attorney Cherof ofered that the,CRA and City could enter into an agreement to designate one appraiser and Vie",hnund by rhP nlumter: There was a recommendation to agree upon a joint appraisal Commissioner Hay rep tited his motion and added the City and CRA come together with an appraiser. Vice Mayo Rodriguez seconded the motion. The motion passed unanimously. D. Re 'ew and approve implementation of marketing plan volunteerism and the s advisory boards. Wayne Sega Public Affairs Director, reviewed the pending vacancies for thea isory boards. The marke' g plan was established to assist with recruitment efforts to fill the v les. On a national l el, volunteerism is at a very high rate. Educating the cltlzens about the actions anZdu of the advisory boards is a key component to increase participation. Mlor noted only four of the vacancies related to regular board positions. The others arte positions. Herb Suss, 1711 Woodfem Drive, reiterated his contention that volunteers should be allowed to s on more than one Lard even ir.the second position is an altemate. Mayor Taylor and Commissioner Ross felt it was worth considering. Commissioner Hay did not feel enough effort had been made to solicit new volunteers. He was hopeful the new plan would encourage more participants and those efforts should be given a chance first. Commissioner Ross suggested a review of the process other municipalities utilize may be helpful 13 209 of 289 Page 1651 of 1712 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 also. Vice Mayor Rodriguez noted the online application process was cumbersome and should be made more user friendly. An email blast would also be useful. Mayor Taylor congratulated Mr. Suss an his appointment as chair of the Golf Course Advisory Committee. X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School—February, 2008 13.Lj Recommendations and Action Pian on City Green Task Force—February 19, 2008 C. Discussion of funding electronic agenda software XI. NEIN BUSINESS; None XII. LEGAL: A. Ordinances - 2nd Reading - Development- PUBLIC HEARING None B. Ordinances - 2nd Reading -Non-Development- PUBLIC HEARING 1. Proposed Ordinance No.08-002 RE; Amending Part III, Land Development Regulations, Chapter 20, Buildings, Housing and construction Regulations, Article I, in general by amended Section 4, Fees, Subparagraph a; providing for building division fees. Attorney Cherof read Proposed Ordinance No. 08-002 on second reading. Mayor Taylor opened the issue for public hearing. No one corning forward, Mayor Taylor closed the public audience. moon Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-002. Commissioner Hay seconded the motion. The motion passed unanimously. mlaft City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances- 1st Reading 14 210 of 289 Page 1652 of 1712 Meeting Minutes City Commission boys!6801 FWkb February 1,XW zoos Mr. Suss expressed his strong disapproval of the CRA spending money to go on a retreat to Naples. He thought it.should have been held in Boynton Beach. He was also concemed that the CRA was not moving fast enough and that the City should reconsider whether or not the CRA should continue in Its present form. Mr. Suss commented on the many times he heard from the dais tfrat appointments were passed on due in of candidates for Boards. He wanted the City to consider allowing individuals to Won than one lam. Mayor Taylor repponded that Mr. Suss had brought this Idea up several times, but no one had been willing to take up that cause. Mayor Taylor commented that when the OIty considered the Visions 20/20 Plan, one hundred people went out of the City. The CRA was planning multi-million dollar protects and needed to be able to focus on this without dins.The CRA is having Its retreat In a town that went through revitalization and this is why it was chosen. Mayor Taylor did not feel that the amount of money they were spending was exorbitant,especially since it was during"the season." Alan Silverstein, attorney representing 3afus & Bonnie Crawford of 121 N.E. 16th Avenue, Boynton Beach, came to the podium. The Crawfords were given a reduction in their Code Compliance Then to $730.00 from the original $40,830.15. They were given 90 days to pay the $730.00. When they did not pay within the 90 days, the lien reverted back to $40,830,15.The Crawf6rds were applying to refinance their home and the$730 would have been paid out of the proceeds of that sale.tm Crawfords cost track of the time. The refinance is ready to go fbrward now, but cannot proceed because of the lien against it. He stated that this property was Homesteaded by the Crawfords and the way he understood the Citys Code, no lien would apply to Homesteaded property. He was advised to come before the City Commission and present the situation. Mayor Taylor asked whether the Commission would be allowed to give the Crawfords some relief in this situation. City Attorney Cherof stated that It would have to be added to the Agenda and also, the Code provision that Mr. Silverstein alluded to contained language that no extensions of the 90-day period shall be permitted. No further action by the Code Board or the City Commission is permitted regarding Ren reduction. That was a very firm 90-day period. If it gets added back on the agenda, he would see if there were some way to Interpret this differently. City Attorney Cherof asked Mr. Silverstein to call him on the day following this meeting to discuss this. Mayor Taylor asked that this item be put on the Agenda for the February 15, 2004 meeting. 8 211 of 289 Page 1653 of 1712 meeting Minutes Reguler Citi►Cwnn4solon Meeting Boynton Sao,Florida 0cbDhw 4,2004 Since no one else wished to speak, the public audience was closed, V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Board Expiration Date If McCray Advisory Bd on Children.&Youth Alt i yr term to 4/05 (Tabled 3) III Ferguson Advisory Bd on Children&Youth Aft 1 yr term to 4105 (Tabled 3) Mayor Taylor Bldg, ad of Adj&Appeals Reg 3 yr term to 4f07 I EnMer Bldg.Bd of Adj&Appeals An 3 yr term to 4107 li McCray Bldg.Bd of Adj&Appeals An 1 yr term to 4105 Ili Ferguson 13Sdg.86 of Adj&Appeals Aft 1 yr term to 4105 Mayor Taylor Cemetery Board Aft 1 yr term to 4105 (Tabled 3) ill Ferguson Code Compliance Board Alt 7 yr term to 4105 (Tabled 3) IV McKoy Code Compliance Board Ah 1 yr term to 4/05 IV McKoy Education Advisory Board All 1 yr term to 4105 (Tabled 3) 11 McCray Educaticn Advisory Board All 1 yr term to 4105 (Tabled 3) III Ferguson Education Advisory Board Stu 1 yr term to 4105 (Tabled 3) IV McKoy Education Advisory Board Stu 1 yr term to 4/05 (Tabled 2) Vice Mayor Ferguson appointed Jeffrey Andre as a Student Member of the Education Advisory Board. Motion Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. Ali other appointments were tabled. Commissioner McCray agreed with Mr. Suss' recommendation that people be allowed to on mire than one 5b d s�crt VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes; 1. City Commission Public Hearing on Fire Assessment—September 14, 2004 5 212 of 289 Page 1654 of 1712 VIL-CITY MANAGER'S ' REPORT 'F CITY OF BOYNTON.BEACH ITEM B. ,. AGENDA ITEM REQUEST FORINT° Requested City Comm scion Date Final Form Must be Turned Requested City.Commission .PatFinal Faim Must be Turned Meeting Dates in.to City Clerk's Office Meetin Mtn m ' $P to Ct lyilerk's Offtce July 01.2001 July 5,2001 (5:00 p.m.) ❑ September 19,2001 September 5,2001(5:00 p.m.) ❑ August 7,2001 July 18,2001 (5:00 p.m.) ❑ October 2,2001 Septlmber 20',2001 (5:00 p.m.) ❑ August 21;200.1 August 8,2001 (5:00 p.m.) ❑ October 16;.2001 fJcer 3;2401(5:04 p.m.) Sep;ember 4;2001 august 22,.201 (5:00 p:ri;.) Z. Naveirber 6,20001 Octjber>17;2001(5:00 p.m.) ❑ Administrative ❑ Developr�ent.Plans NATURE OF ❑ Consent Agenda ❑ New Bus ss AGENDA ITEM Public Hearing ❑ Legal ❑ Bids Cl Unfiilishe Business ❑ .Announcement ❑ Presentatlpn City Manager's Report i RECOMMENDATION: Motion to continue the current practice of prohibiting members from f`} serving on more °than one;advisory board, and �na.intaln ,our existing policy of allowing three absences from regul, scheduled advisory board meetings. EXPLANATION: The Commission:directed staff,to investigate the possible adoption of an Ordinance that would allow board members to'serve on more thaci one advisory board.. .At, the Same time. the investigation .included a review of our current absence policy for board members and the `feasib(lity of adopting conduct standards. In order to determine the practices of,other municipalities, the City Clerk's Office: cgnducted a survey of.all munictlities within Palm Beach County; Twelve cities responded. After' evaluating the responses, we determined that our current policy of no allowing: members to..serve on more that one advisory board Is consistent with the practices of the overwhelming majority of respondees: In addition, our existing absence policy Is also consistent, with:.three:absencet1*ing the..inaxtmum rlurnber. ailowed: .With.respect to conduct standards, the City. of Boynton Beach supplies new members <with the :'Guide to Mf Sunshine Amendment al7d Code of E[i'iics� which is>furnished;by the Florida.Commission, on Ethics. .Therefore, in.this- area, the City of Boynton Beach is providing more Information to its board members than 2-/3:of those cities'that'r6sponded. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ,. .. n . P A JA De0a e.nt'l iature. City Manager's Signature City Clerk 11Ct11MAM\SFIRDATAkCC�WP\80ARo5GSumvAAgenda Item Request Form-Recommendation-Survey Results.Cot S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC Page 1655 of 1712 N - 'Mie '. Cr {anager.. Fran: Janyet.M, Prainito OCT T.8 Z00� CC; Wiihed-,Hawkins,Jim Cherof;Patricia.Spoerri Re: is6y Board 8urvey1nfvrmation On October 9 '2001 I e mailed advisory board surveys (copy:atEaahed) toe municipalities: within Palm Beach' County' Of those cities surveyed; 12 responded. The:results of the survey.are S.follows: ♦ The average`number..of advisory boards is..11:per city wi#h the City of Delray beach having 20 aid the Town of HypoluXo having two. ♦ in 1 a of 12 instances;board members do not serve an more than one board. • Seven cities require submittal of a profile form. Nine of:the 12`r�fies requir0 ,Citi:;JjVsidency 1`or'service on;.advisory boards , ♦ /ill of the: cities provide. .new members with inforrnation upon appointment: • Nine of theObbe'sl have attendance po .es . • #ion requirements. ♦ Five atter have'non-attendance not tca ♦ Eight of,the sties lima the number of absences to an,average of three. Four•aties do not impose a#unit; • Ten of.the 12 cities do not have absence policies in place to cover crises. • Four cities have a notification policy in place to advise members of violatiori cif the,absence policy and-two cities automatically terminate violators: :The remaining six cities have lio notification policy inti effect. 1. Paae 1656 of 1712 ' Memo Kurt Bressner,City Manager Advisory:Board Survey October 1.9,2001 I i ♦ With respect to conduct standards, five cities provide some infonnabon that includes the `,`Guide to,the Sunshine.Law_an"d:Code of 'Ethics." Issued by the. Londa Gbmmission on EtY ics, and/or '`Robert's Rules 6f i7rdae. The majority.of'cities have two- and three-year terms for:m rnber5. Two. cities have no.term requ:irements.and one city -as threL-year unlimited terms. ( Tfie cities diid°not indicate if the memberIcould be reappointed:.) Although i requestedcopies of.profiie.Torms, attendance policaes;_and grdihances,.only the. City.of.Delray �eactr and,the Tillage cif North'Palm:Beach:provided that in rmat�on:- i have. attached Copiesforyour review 1 ;have also enclosed copies nf;.a pick packet, of infofrriation fhatthe City:.CleW...s Cffce provides to new appointees; if t.can be of additional service, please advise. . r � Attachments f✓ imp ZHRDATAICCIWPIBOARDSISur mylTransm ttai of Advisory Board Survey lnfbrmafiw.doc 2 I Page 1657 of 1712 I M x Z a M � K S7 M R M Z .. >zz z $' g zx:} .I �, �-ts a.,z•� za zz s ZzzxY An �50 : °� ty�mSij r `a � z zza za �- az := a t, ,, ca —< ES xm Doi x Paae 1658 of 1712 Meeting Minutes Regular CIty'C*MrnlssIOn Dg3wjgn Beach,Florida November 6,2001 Theconsensus of the Commission was to leave the rate as it is. City Manager Bressner sugg.6.sbed-:t-hat.this it6m,be'place.d on a hiture.-agenda In six months The review. B. Report on City Advisory Board Membership, Attendan.ce and Performance Standards(survey results) City Manager Bressner reported on the results of a-survey conducted by the City Clerk's office, The past practice of-Boynton Beach.Is.-consistent With other communities. The majority of other m Idpallti W:memb&sNp'-0h'more-than,one-board. .The City's policy on three un es,d� n�-:al Io' -se67i$t be..the sitpriclard. -6s than:.one meeting a month; the a o For bba'r with.more cl=-$h- .!be-amended t-6 thatsf�.rd so.that there is consistency, ould. modify Hera.Suss-said :that.the City has difficulty filling' City boards.. He.urged:that the code.be ' changed.,so that.citizefiry can serve on a second econdboa . rd' Hdalso.' said that Illnesses and,religious holidays sho,01d'bib ifaken into consideration. Commissioner FIsher commented that many of the Oty Commissioners serve on other boards and still, get-thdir jogs done, There are-many,bba.rd vacancies and he cannot.think of a regativer reason hatto allow service on more than one board., Maycir.'Erci,pping said he would not want someone to serve, on both the Planning &Development Board bnd:.,the CRA I Board or on two q6asi-jodicla( boards. However, he does not have a problem with someone serving on two boards. Commissioner Ferguson thought that peopie could be found to fill board vacancies. If people on ritoireth6n onehe bd'it -feels that the City.would lose diversity. City Managqr Bresmee reported that, according to the survey, Wray Beach, West Palm Beach and SpyntbhZeach have the[argest.numbdr of boards and they all have the same standards. He suogesWd-that the!City advertise these boards more and.market them better. The consensus of the Commission was to request that the Legal Department draft an ordinance clarifying athendance*s6ndards for advisory boards that meet more than once a month. C. Authorize staff to proceed with the necessary work to relocate voice and data communication equipment from the Mangrove Parte High School at a cost not to exceed $25,000 Quintus Greene, Director of Development, said he could provide a more detailed report at the next Commission meeting. However, whether the did high school building stays or Is demolished,there is some equipment essential to the operation of the City,complex that needs to be removed from the building and relocated. The cost for this relocation will not.exceed $25,000, Peter Wallace,-M Director, explained that equipment providing telephone and P.C. service to the museum,the Art Center and the Codd Compilance trailer must be relocated. In response to a question regarding why thL5 equip;mer.t had been stored at the old high school, Mr. Wallace 10 215 of 289 Page 1659 of 1712 MINUTES - REGULAR CITY COMMISSION FETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1989 requested that this topic be TABLED until the first meeting in December. The Commission agreed. 7. John Guidry trip to Prance Interim City Manager Toney explained Mr. Guidry had been authorized to attend an International Conference on Ground water Which is being 'acid in France. Five days authorized conference leave were granted by former Interim City Manager Hunt. $350 for travel expenses were denied by Mr. Hunt. Mayor Moore thought the Commission should be privy to these things before a member of staff makes a trip out of the country like this. S. Propose preparation of a report on Utility Road Issue expenses This item was considered as part of the Prudential Bache }presentation earlier in the meeting and labeled OLD BUSYNESS, "E. " B. Items for Discussion requested by Vice Mayor Robert Olenik, Jr. Y 1. Pool of people who volunteered to serve on Boards (Preyiou$ly TABLLD) Vice Mayor Olenik moved that this topic be removed from the table. Commissioner Weiner seconded the motion which carried 4 - o. Vice Mayor Olenik made remarks regarding the number of talent bank fomes that have been submitted of citizens willing to serve on City boards and yet in some cacao one person has been appointed to sxwym on maim than one He felt the Commission should limit the 'volunteers to serve on one board only. Commissioner Weiner agreed. Discussion took place. In connection with the last appointment he had to make, Commissioner Wisehe noted that he went through all the talent bank forms and found it difficult to find a qualified person. If a person had not volunteered to switch boards in this case, he couldn't come up with a person. Commissioner Weiner moved that there be a policy that citi- zens are encouraged to participate in the workings of the City by limiting people to serving on one advisory board at a time. Vice Mayor Olenik seconded the motion. Discussion took place. Commissioner Weiner amended her motion to indi- cate that persons currently serving on two board will be allowed to complete their current terms. The Vice Mayor amended his second. The motion carried 3 - 1. The Mayor voted against the motion. 38 217 of 289 Page 1660 of 1712 mm= SYECM CITYCO(INCSI, �nn JAMIRRf 1, 1973 J AppoiTtLent of Officials- City Attorney Mr. Wallace-moved to appoint Mr. Ernest Simon and Awociates as City 14tto=xy, secori led by Mr. Harsmening. Mr. DeUmg. moved that the r"mtna'tiOm be closed, seconded by Mr. Haman- Ing. MCiti cazrle<i 5--0. City .J1ai3�e mi�. re Eiairnen3n5, wed.to appoint bwroe A. Coogler, Jr. as City Judge-, seeond�d 'by Mr. .Wallace. 'Mr. DeLong moved that nominations be c3.08e4L Mr. Ha=erdnq gave brief background information. about Mr. Coogler. Motion,carried 5-0. !tndge ad litem Action was deferred until the next meeting. City Prosecutor KV. Roberts noadmat:ed Louis H. Casson for City Prosecutor, seconded by Mr. Harmening. Mr. DeLong moved that the nominatiom be closed, seconded by Mr. Wallace. Motion carried 5-0. Motion to 'appoint Louis Casson as City Prosecutor a carried 5-0. City Manager Mr. Wallace suggested since we etre without a City Mager that the City Clerk be in charge of City Hall, and that all pertinent decisions be referred to the City Council until a City Manager is appointed. ti. Mr. Wal.Uce moved, that in the absence of a City Manager, the City Council will act as City Manager.arsd the'City Clerk will be in charge of City seconded by W. De'Long. Motion carried 5-0. Appointmmts to Boards and Ccxw ttees .� Mr. Roberts:.suggested.that.no. one person. sem+ on fsove than one bpi It is .not fai.x to ImposA :burdens on thew, and possibly cannot attend to their duties. Mr. AeLong moved that mambers appointed-to a board can only'sewe on one board 'at a time, seconded by Mr. Wa7laoe. Motion-carried 5-0. 218 of 289 Page 1661 of 1712 12.D. NEW BUSINESS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Discussion on Public Art as requested by Vice-Mayor Katz. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1662 of 1712 14.A. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1663 of 1712 14.B. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Quarterly report on red light camera program (Oct 2017-Dec 2017) - January 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1664 of 1712 14.C. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Quarterly report on godt surtaxfund (Oct 2017-Dec 2017) - January 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1665 of 1712 14.D. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1666 of 1712 14.E. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1667 of 1712 14.F. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-i nitiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec)And Multifamily (R-3) to Mixed Use 3 (Mu-3). EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public- Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit-Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU-3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan-modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 1668 of 1712 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousing of city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance approving Town Square Land Use Amendment D Ordinance Ordinance approving Rezoning of Town Square D Staff Report Staff Report D Location Map Location Map D Exhibit Exhibit B1 D Exhibit Exhibit B2 Exhibit Exhibit C1 Exhibit Exhibit C2 Exhibit Exhibit D Page 1669 of 1712 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND 7 DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON 8 BEACH; CHANGING THE LAND USE DESIGNATION FROM 9 PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL 10 (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE 11 MEDIUM(MXM);PROVIDING FOR CONFLICTS,SEVERABILITY, 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 15 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 16 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 23 the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 30 following: Page 1670 of 1712 31 That the Future Land Use of the following described land described in Exhibit"A"is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 33 Residential (HDR)to: MIXED USE MEDIUM(MXM). 34 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 35 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 36 Land Development Regulation Act. No party shall be vested of any right by virtue of the 37 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 38 including appeals, are exhausted. In the event that the effective date is established by state law or 39 special act, the provisions of state act shall control. 40 FIRST READING this day of , 2017. 41 SECOND, FINAL READING and PASSAGE this day of , 2017. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Justin Katz 49 50 Commissioner—Mack McCray 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Joe Casello 55 56 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 66 (Corporate Seal) 67 Page 1671 of 1712 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 02- 5 013 TO REZONE A PARCEL OF LAND 6 DESCRIBED HEREIN AND COMMONLY 7 REFERRED TO AS TOWN SQUARE FROM 8 PUBLIC USAGE (PU); RECREATION (REC) AND 9 MULTIFAMILY (R-3) TO MIXED USE 3 (MU-3); 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 WHEREAS, the City of Boynton Beach, owner of the property has made application 17 to rezone a parcel of land, said land being more particularly described hereinafter, from 18 Public Usage (PU); Recreation (REC) and Multifamily (R-3)to Mixed Use 3 (MU-3); and 19 WHEREAS, the City Commission conducted public hearings as required by law and 20 heard testimony and received evidence which the Commission finds supports a rezoning for 21 the property hereinafter described; and 22 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 23 an amendment to the Land Use which was contemporaneously considered and approved at 24 the public hearing heretofore referenced; and 25 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 26 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1.Town_S quare_-_Rezone.do c Page 1672 of 1712 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU-3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Justin Katz 51 52 Commissioner—Mack McCray 53 54 Commissioner—Christina L. Romelus 55 56 Commissioner—Joe Casello 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1.Town_S quare_-_Rezone.do c Page 1673 of 1712 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1.Town_S quare_-_Rezone.do c Page 1674 of 1712 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU-3 Mixed Use 3 zoning district Page 1675 of 1712 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R-1-A, (Single-Family Residential District) and R-2, (Single- and Two-Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi-Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi- Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1-A, (Single-Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi-Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi-Family. 2 Page 1676 of 1712 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14-unit Park Lane condominium site on approximately 0.63 acres. The City-owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit-Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri-Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of I-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 1677 of 1712 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public-Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private-sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately-initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. 4 Page 1678 of 1712 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU-3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan-modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19tH Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR)-based amendments to the Coastal Management Element adopted by the City in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City-initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 1679 of 1712 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter 6 Page 1680 of 1712 Page 7 Town Square LUAR 17-005 Tri-Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian-friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 1681 of 1712 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and s Page 1682 of 1712 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 1683 of 1712 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 1684 of 1712 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City-initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 1685 of 1712 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP f } tf fn w1 4 " k(s.gka_ Beach 2 01, NE.1st Ave' dt,tssr I s 3 ; it' ?s' SS i( t i y, �), fA Sty � � � ■��,.Fs � " SE�15tAve..�- �� ' ' _ ��xammts„ M a ^ ' s �' � 1qtV SE 2nd Ave t" pR 1,sw+r SE 3rd Ave" ^ 1 1 l e t N Legend W E Town Square S QFuture Coastal Link station 0 0.0125 0.025 0.05 0.075 0.1 Miles Transit Core Area Source:Palm Beach County GIS Digital Data 2006-2015 Park Lane Condominium Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Total Town Square area: 16.5 acres Page 1686 of 1712 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS tU I )�. NE 3rd Ave ' E Boynton Beach Blvd r r Y ! 0 tr E Ocean Ave H H tt_ � SE 1st Ave t i 6t SE 2nd Ave ,4- SE rd Ave r' Legend Future Land Use Classifications Last amended October 20, 2015 N l LOW DENSITY RESIDENTIAL(LDR)Max.5 D.U./Acre W E MEDIUM DENSITY RESIDENTIAL(MEDR)Max.10 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR)Max.11 D.U./Acre S 2 LOCAL RETAIL COMMERCIAL(LRC) r 0 0.0125 0.025 0.05 0.075 0.1 GENERAL COMMERCIAL(GC) Miles INDUSTRIAL(1) Source:Palm Beach County GIS Digital Data 2006-2015 PUBLIC&PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Town Square Page 1687 of 1712 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS NW NE 3rd Ave , E Boynton Beach Blvd EI �NE1st�Ave CS L\ F E Ocean Ave ,10 a "`SE.7stAve �� ti t SE 2nd Ave SE 3rd Ave Legend N Zoning designations W� �g R1A Single Family C4 General Commercial 0 R2 Duplex CBD Central Business District S R3 Multi Family 0 M1 Light Industrial 0 0.0125 0.025 0.05 0.075 0. Miles 0 C2 Neighborhood Commercial PU Public Usage C3 Community Commercials,;�''� REC Recreation Source:Palm Beach County GIS Digital Data 2006-2015 Y Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Town Square Page 1688 of 1712 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* tU I )�. NE 3rd Ave ' rr E Boynton Beach Blvd r y E Ocean Ave f � 1 H H tt_ SE 1st Ave t i 3 vWi s },1 SE 2nd Ave ,4- SE 3rd Ave T_ -._ r' Legend LOW DENSITY RESIDENTIAL(LDR)Max.5 D.U./Acre * NOTE:Areas adjacent to Town Square shown N l MEDIUM DENSITY RESIDENTIAL(MEDR)Max.10 D.U./Acre with the current FLU classifications W+E HIGH DENSITY RESIDENTIAL(HDR)Max.11 D.U./Acre 2 LOCAL RETAIL COMMERCIAL(LRC) S GENERAL COMMERCIAL(GC) 0 0.0125 0.025 0.05 0.075 0.1 INDUSTRIAL(1) Miles Mixed Use(MX),Max.Density 40 du/acre Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 MIXED USE Medium(MXM),Max.Density 50 D.U./Acre All rights reserved-Subject to a Licence Agreement Town Square Page 1689 of 1712 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE NW NE 3rd Ave t E Boynton Beach Blvd FF In NE,1st Ave` =- E Ocean Ave r � rSE,lstAve ti VA`•,}' \'�ti}s ��}f.,j�k til aij� t t i � i§ ...'V;S`f1§t§��t§�§t§,s,} i ttti�ittttttttml Ott t ti��V VZfVVVZfV SE 2nd-Ave— SE ndAveSE 3rd Ave Legend N Zoning designations Wg R1A Single Family C4 General Commercial 0 R2 Duplex CBD Central Business District S R3 Multi Family 0 M1 Light Industrial 0 0.0125 0.025 0.05 0.075 0. Miles 0 C2 Neighborhood Commercial MU-3 Mixed Use 3 Source:Palm Beach County GIS Digital Data 2006-2015 C3 Community Commercial Copyright Palm Beach County Florida 2006-2015 Town Square All rights reserved-Subject to a Licence Agreement Page 1690 of 1712 CITY OF BOYNTON BEACH : TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS NW 3rd pve NE 3rd Ave E Boynton Beach Blvd NE 1st Ave N a 's il m W "aJ Z u Omni Id M E Ocean Ave d N Z Em N SE 1st Ave eh W N SE 2nd-Ave LEGEND N Town Square W E Cultural District .S. QBoynton Beach Blvd District 0 0.0125 0.025 0.05 0075 °.M;,es Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 Mixed Use High (MXH), Max. Density 80 D.U./Acre All rights reserved-Subject to a Licence Agreement Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre '- Page 1691 of 1712 14.G. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review- TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1692 of 1712 14.H. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve Exeter/ Sterling Records Phase I I I Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & W heeler, Inc. EXPLANATION OF REQUEST: The subject site is a vacant parcel located approximately 650 feet east of Congress Avenue, and north of Phases I & I I of the Sterling Records complex on SW 35th Avenue. The property is owned by the same company (Exeter) that owns Phases I & I I of the warehouse complex directly south of the parcel, and access has been provided to Phase I I I through a recorded ingress/egress easement from SW 35th Avenue. The parcel was formerly a portion of the Yellow Freight site to the north, and through a lot split and sale, was purchased by Exeter Property Group to add another warehouse building to their complex. This request is to add a third warehouse building, a one-story, 56,160 square foot structure designed for two large tenants. Staff has reviewed this request for major site plan modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit"C" —Conditions of Approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1693 of 1712 Page 1694 of 1712 14.1. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). EXPLANATION OF REQUEST: The 2.04-acre parcel is currently developed with a one-story, 30-year old rundown office building. The applicant, representing a global discount supermarket chain Aldi, Inc., proposes to redevelop the property with a 18,848 square foot store. In addition to the FLUM amendment and rezoning, the requests under concurrent consideration include site plan approval and a variance for the rear setback. The approval of the subject requests would bring the first Aldi store to the city. I n recent years, the company opened stores in Delray Beach, Boca Raton and West Palm Beach. The proposed FLUM amendment and rezoning would not support uses contrary to the development patterns in adjacent and nearby areas, which already incorporate retail establishments of various scales from small to major—including the 100,000 square foot BJs Shopping Center—as well as other commercial uses and single-family homes. The proposed FLU category and zoning district are more consistent with the land use and zoning patterns than the existing ones: except the subject property and one directly south of it, all commercially developed parcels in the area along W. Boynton Boulevard carry the Local Retail Commercial category.Also, except for three PCDs (Planned Commercial Developments), the C-3 zoning district prevails. Note that the development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Boynton Beach Boulevard. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The requests, if approved, would not require capacity adjustment to the City services. FISCAL IMPACT: The requests, if approved, would allow for a sizable retail use and therefore an increase in the City's tax base in addition to building permit and related revenues. Page 1695 of 1712 ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map EXH I B ITA. Location Map® aerial D Exhibit Exhibit B. ALDI proposed FLU D Exhibit Exhibit C. ALD I proposed Zoning Page 1696 of 1712 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-050 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: September 5, 2017 PROJECT: ALDI Grocery Store LUAR 17-006 REQUEST: Approve the ALDI grocery store Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from C-1 Office Professional to C-3, Community Commercial. PROJECT DESCRIPTION Applicant/Property Owner: Jordan Ford of ALDI Inc./ MG3 3452 West Boynton LLC Agent: Bonnie Miscal, Esq./Dunay, Miskel and Backman, LLP Location: 3452 W. Boynton Beach Boulevard (Exhibit "A") Existing Land Use/ Zoning: Office Commercial (OC)/ C-1 Office Professional Proposed Land Use/ Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Acreage: 2.04 acres Page 1697 of 1712 Page 2 ALDI Grocery Store LUAR 17-006 Adjacent Uses: North: Right-of-way for W. Boynton Beach Boulevard, and farther north developed commercial properties, classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial; South: Developed two-story office building, classified Office Commercial (OC) and zoned C-1, Office Professional; East: Developed single-family community (Stonehaven), classified Low Density Residential and zoned PUD; and West: Right-of-way for Knuth Road; farther west, developed commercial property (service station); to the southwest, vacant parcel; both properties classified Local Retail Commercial (LRC) and zoned PCD, Planned Commercial Development. BACKGROUND The 2.04-acre parcel is currently developed with a one-story, 30-year old rundown office building. The applicant, representing a global discount supermarket chain Aldi, Inc., proposes to redevelop the property with a 18,848 square foot store. In addition to the FLUM amendment and rezoning, the requests under concurrent consideration include site plan approval and a variance for the rear setback. The approval of the subject requests would bring the first Aldi store to the city. In recent years, the company opened stores in Delray, Boca Raton and West Palm Beach. Aldi operates approximately 10,000 stores wordwide; it has been present in the U.S. since 1976 where it also owns Trader Joe's. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject request will allow to expand the use options for the site and support redevelopment more in line with the character and intensity of the existing commercial uses in the area. Such uses serve the continuously expanding population in the residential communities along the Congress Avenue corridor, incuding the incoming 2 Page 1698 of 1712 Page 3 ALDI Grocery Store LUAR 17-006 Cortina development which may bring over 1,500 new residents within a mile of the project. The proposed use, ALDI supermarket, will join the nearby Walmart and BJ's Wholesale Club in offering grocery items at discounted or very low prices. The subject FLU amendment and rezoning is also supported by market trends, which demonstrate more support for retail than for office development in the City. Boynton Beach does not have class "A" office, and the vacancy rates for classes "B" and "C" have been high in recent years. According to the the Cushman and Fields' 1St quarter 2017 report, the overall office vacancy rate in the Boynton market was 23.4%, the highest among the Palm Beach county municipalities (it was 13.8% countywide). On the other hand, Collier Intenational's review of the same period states: "Investors are attracted to the Palm Beach County retail market. Trading activity recorded $236 million in the first quarter of 2017 which amounts to almost triple the trading activity one year ago. Retail is trading at a premium when close to densifying urban neighborhoods." b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. There is not as yet a plan for the Congress Avenue corridor to guide redevelopment, but the proposed future land use amendment and rezoning are consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators, including, for example: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. In addition, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the 9 objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) The application for the Master/Site Plan complies with the development regulations of the C-3 Community Commercial zoning district, other than the rear setback at the south side of the property. The applicant has submitted concurrent variance application and 3 Page 1699 of 1712 Page 4 ALDI Grocery Store LUAR 17-006 justification in an effort to deviate from those design regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of office and retail as well as single-family residential uses. The proposed FLU category and zoning district are more consistent with the land use and zoning patterns than the existing ones: except the subject property and one directly south of it, all commerciallly developed parcels in the area along the W. Boynton Boulevard carry the Local Retail Commercial category. Also, except for three PCDs (Planned Commercial Developments), the C-3 zoning prevails. Note that the development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Boynton Beach Boulevard. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning supports the integration of the land uses consistent with the smart growth and sustainability initiatives since it provides uses complementary to the existing ones. Further, the commercial zoning, and planned grocery store would provide the neighborhoods along Knuth road with walkable option for convenience and other grocery items, or at least a driving option which avoids the greater roadway network e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. 4 Page 1700 of 1712 Page 5 ALDI Grocery Store LUAR 17-006 Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to critera "a" and "c." The proposed FLUM category and zoning district would be more compatible with the current and future use of adjacent and nearby properties than the subject property's current designations. The amendments are likely to positively affect property values in the surrounding area. As previously noted, the land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of office, retail uses of various scales from small to major—including the 100,000 square foot BJs Shopping Center—as well as single- family residential uses. Except for one single family home near the northeast corner of the project, the abutting single family neighborhood to the east is separated from the subject property by a private road, and the same neighborhood directly abuts Boynton Beach Boulevard—an intense arterial roadway—to the north, and the BJs to the east. The subject rezoning would create an additional but certainly lesser impact on this neighborhood than these two uses but, at the same time, it would add another option of attractively priced staple goods in a walking distance grocery store. Hence, the amendments and the proposed use they support are "reasonably related" to the needs of the neighborhood and the City as a whole. Local residents can benefit, as well as others, budget-conscious and/or seeking alternatives to what is available elsewhere. ALDI sells store-specific brands, can provide significant savings on national brands, and partners—whenever possible—with local farmers. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would- 5 Page 1701 of 1712 Page 6 ALDI Grocery Store LUAR 17-006 (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The proposed amendment would represent the increase in both possible intensity of development and in number and type of commercial uses with "high probable economic development benefits." h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. It keeps and further intensifies the potential commercial redevelopment of the site. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Note that the subject parcel is not vacant. There are 3 (three) vacant parcels within the city carrying the C-3 zoning AND close in size to the property under consideration. These may not be currently on the market and/or their location may not be suitable for a grocery store. As discussed previously in this report, the proposed amendment/rezoning will make the property more consistent with the area land use patterns. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. As already 6 Page 1702 of 1712 Page 7 ALDI Grocery Store LUAR 17-006 mentioned, the application for the Master/Site Plan complies with the development regulations of the C-3 Community Commercial zoning district, other than the rear setback at the south side of the property. The agent has submitted concurrent variance application and justification in an effort to deviate from those design regulations. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\ALDI LUAR 17-006\LUAR 17-006 Aldi Store Staff Report.doc 7 Page 1703 of 1712 EXHIBIT A SITE LOCATION MAP tt r im y � r , * t Y ti k; 5 , r ,� � ,WBoynton ch ' E r , n e r r F i , 0 3060 120 180 240 Feet Page 1704 of 1712 EXHIBIT B ALDI: PROPOSED FLU (LUAR 17-006) r� r - s - EXHIBITC ALDI: PROPOSED ZONING (LUAR 17-006) , k k E �,y f ��fs f � t t 4 ,r t ff i f t r t j ` s t '77,77, S c • f k � r , k, , ' S � .? t { r ri t t f .. if I Legend: ZONING DISTRICTS PLANNED UNIT DEVELOPMENT (PUD) C-3 COMMUNITY COMMERCIAL C-1 OFFICE PROFESSIONAL PLANNED CIMMERCIAL DEVELOPMENT (PCD) mil"milm"m CITY BOUNDARY Page 1706 of 1712 14.J. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Variance (ZNCV 17-001)for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article 111, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. On November 15, 2016, the City Commission approved a request for Conditional Use/ Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. This new plan for a grocery store has been designed depicting a 30 foot wide segment of the building with a 14 foot rear (south) setback, with the remainder of the rear of the building (approximately 90 feet) at a 31 foot setback, 11 feet further from the rear property line than required by code. As a result, the applicant is requesting a variance for a reduction in the minimum required rear building setback of 20 feet to 14 feet resulting in a variance of 6 feet. This reduction equals a variance of 6 feet for approximately one-quarter of the width of the proposed building. Based on staff's analysis, it would appear as though the variance request does not satisfy all of the above criteria; however, there are strong arguments for approval of the variance, based upon: 1. the uniqueness of this C-3 site, being smaller than other surrounding C-3 sites with the same locational criteria and which currently accommodate big box users; 2. the setback reduction request is for only a small portion of the building which abuts a parking lot for an office building to the south, thereby creating no external impact; 3. the portion of the building creating the need for a variance actually acts as a solid buffer of the loading operations from the residential development to the east; 4. the request is the minimum variance necessary to make site operations functional; and 5. the request provides adequate separation between properties, while providing for proper site and emergency circulation, screening of back of house operations, and adequate air circulation and natural light to adjacent properties. Therefore, staff recommends APPROVAL of the requested variance to reduce the rear (south) setback for a small segment of the building. This request will not be injurious or detrimental to the area in general or any property owner in particular. Page 1707 of 1712 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1708 of 1712 14.K. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Community Design Appeals (CDPA 17- 006)from 1) Chapter 4, Article 111, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article 111, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. On November 15, 2016, the City Commission approved a request for Conditional Use/ Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. After review of the requests, applicant justifications, proposed mitigation measures, and ultimate building and site design, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the remote location and screening of the overhead bay door; 2) appropriate building scale, mass and finishes providing a complete 360 degree design; 3) provision of alternative covered pedestrian amenities servicing a greater portion of the parking lot and allowing for larger landscape areas; and 4) added parking lot improvements to decrease the appearance of a large asphalt parking field. In addition, the proposed design of the project is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability within or appearance of the City, will provide a well-located business with enhanced site amenities at a key intersection of the City, and finally, the project should not have any adverse impact on property values of abutting or adjacent land. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 1709 of 1712 Is this a grant? Grant Amount: Page 1710 of 1712 14.L. FUTURE AGENDA ITEMS 11/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/7/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one-story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. Previously, on November 15, 2016, the City Commission approved a request for Conditional Use/ Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. As part of the Major Site Plan Modification review process, the one story building is being processed under the City's Big Box regulations, for commercial buildings in excess of 15,000 square feet. The building is designed with varying parapet heights, with the tallest at 26 feet, and provides the requisite two (2) site amenities. The applicant has chosen a covered trellis amenity and a backlit tower feature at the building entry. The applicant has also provided the required 12 foot landscape buffer with wall abutting the residential community to the east. A new driveway is proposed to be located on Boynton Beach boulevard, with a second driveway along Knuth Road. Staff has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the companion land use and rezoning, variance, and community design appeal applications, and upon satisfying all comments indicated in Exhibit"C" —Conditions of Approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 1711 of 1712 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1712 of 1712